Pandemic Darlings The pandemic economy, in original documents
Home Source documents Meeting Packet - Florida House of Representatives Commerce Committee (February 27, 2020)

Meeting Packet - Florida House of Representatives Commerce Committee (February 27, 2020)

Summary

A meeting packet for the Commerce Committee of the Florida House of Representatives, meeting on Thursday, February 27, 2020 at 8:00 am, with Mike La Rosa as Chair. The meeting agenda lists bills for consideration, including CS/CS/HB 65 Fireworks, CS/HB 295 Construction Defects, CS/HB 723 Peer-to-Peer Car Sharing and HB 7099 Essential State Infrastructure, and proposed committee substitutes including PCS for HB 1165 -- Beverage Law. The packet includes the staff analysis of CS/CS/HB 65 Fireworks, which begins by stating that federal laws regulate the manufacture, sale and use of fireworks.

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

Cite this document

“Meeting Packet - Florida House of Representatives Commerce Committee (February 27, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-02-27-2994-commerce-committee-meeting-packets-mtg12650-64b7f4d911/, SHA-256 8440e8206c5ee2310b09cccecc41e1240631b4eeb85dae148d6662dec53ca61d.

Full text

             Commerce Committee
              Thursday, February 27, 2020
                  8:00 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 27, 2020
                                       8:00 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/CS/HB 65 Fireworks by Local, Federal & Veterans Affairs Subcommittee,
             Business & Professions Subcommittee, Rodriguez, A. M.

        •    HB 207 Acquisition of Water and Wastewater Systems by McClain

        •    CS/HB 295 Construction Defects by Civil Justice Subcommittee, Santiago

        •    CS/HB 537 Home-based Businesses by Business & Professions
             Subcommittee, Donalds

        •    CS/CS/HB 623 Community Associations by Civil Justice Subcommittee,
             Business & Professions Subcommittee, Shoaf

        •    CS/HB 723 Peer-to-Peer Car Sharing by Insurance & Banking Subcommittee,
             Fischer

        •    HB 771 Motor Vehicle Insurance by Grall


        •    CS/CS/HB 1339 Housing by Ways & Means Committee, Local, Federal &
             Veterans Affairs Subcommittee, Yarborough


                    303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                    (850) 717-4870
      •   HB 7041 Litigation Financing Consumer Protection by Civil Justice
          Subcommittee, Leek

      •   HB 7099 Essential State Infrastructure by State Affairs Committee, lngoglia

      Consideration of the following proposed committee substitute(s):

      •   PCS for CS/CS/HB 895 - Insurance
      •   PCS for HB 1165 -- Beverage Law
      •   PCS for HB 1265 -- Verification of Employment Eligibility

V.    Closing Remarks

VI.   Adjournment
(")

-
(JJ
(")

-
(JJ
::I:
m
CJ)
(n
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:       CS/CS/HB 65     Fireworks
SPONSOR(S): Local, Federal & Veterans Affairs Subcommittee, Business & Professions Subcommittee,
Rodriguez, A. M. and others
TIED BILLS:          IDEN./SIM. BILLS: SB 140

    REFERENCE                                                          ACTION                 ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Business & Professions Subcommittee                             7 Y, 5 N, As CS        Brackett            Anstead

    2) Local, Federal & Veterans Affairs Subcommittee                  10 Y, 1 N, As          Moehrle             Miller
                                                                       cs
    3) Commerce Committee                                                                     Brackett /)         Hamon


                                                         SUMMARY ANALYSIS
Federal laws regulate the manufacture, sale and use of fireworks. The U.S. Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) as well as the U.S. Consumer Product Safety Commission (CPSC) have
general jurisdiction over what types of fireworks may be legally sold in the United States. Federal law sets the
minimum standard. States are permitted to enact laws that are more stringent.

In Florida, the sale and use of fireworks are generally prohibited.

However, many exceptions to the prohibition exist. The most commonly used exceptions allow approved
fireworks to be sold by a licensed retailer to a buyer who:
    • has obtained a permit for a public display from a municipality or a board of county commissioners;
    • is using the fireworks to scare birds away from agricultural works or fish hatcheries.

The bill creates an additional exception to the prohibition of the sale and use of fireworks.

The bill provides that federally approved consumer fireworks may be imported, sold, purchased, and used
solely and exclusively for the following holidays:
    • New Year's Eve, December 31st;
    • New Year's Day, January 1st;
    • Memorial day, the last Monday in May; and
    • Independence Day, July 4th.

The bill also:
   • States it is not intended to provide for the comprehensive regulation of fireworks nor is it intended to
        supersede any local government regulation relating to the use of fireworks;
   • Provides that a person must be at least 18 years of age to purchase fireworks;
   • Provides an affirmative defense for a retailer or seasonal retailer who acts in good faith and
        inadvertently sells fireworks to a minor; and
   • Permits seasonal retailers to sell sparklers and fireworks from May 12th through June 1st.

The bill is not expected to have a fiscal impact on state and local governments.

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: h0065d.C0M.D0CX
DATE: 2/25/2020
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        Background

        Chapter 791, F.S., regulates the sale and use of fireworks and sparklers in Florida. No person may
        offer for sale, sell at retail, or use or explode any fireworks unless they meet the provisions or
        exceptions in Florida law. 1 Sparklers are permitted under Florida law under certain conditions.

        According to the American Pyrotechnics Association, 46 states plus the District of Columbia allow some
        or all types of consumer fireworks, three states (Ohio, Illinois, and Vermont) allow only wire or wood
        stick sparklers, and one state (Massachusetts) bans all consumer fireworks. 2

        Federal Regulation of Fireworks

        Fireworks are regulated by the federal government though the ATF, and the CPSC.

        Federal explosives laws categorize fireworks into three types - display fireworks, consumer fireworks,
        and articles pyrotechnic. 3

        Display Fireworks

        "Display fireworks" are defined as "large fireworks designed primarily to produce visible or audible
        effects by combustion, deflagration, or detonation." The ATF requires anyone engaging in the business
        of manufacturing, importing, or dealing in display fireworks to have an ATF explosive license, and
        anyone importing for their own use or receiving or transporting display fireworks to have an ATF
        permit. 4

        "Display fireworks" include but are not limited to:
            • Aerial shells containing more than 2 grains of explosive materials;
            • Aerial shells containing more than 40 grams of pyrotechnic compositions;
            • Other display pieces that exceed the limits of explosive materials for consumer fireworks; and
            • Fused set pieces containing components which together exceed 50 milligrams of salute
               powder. 5

        Consumer Fireworks

        "Consumer fireworks" are defined as "any small firework device designed to produce visible effects by
        combustion and which must comply with the construction, chemical composition, and labeling
        regulations of the U.S. Consumer Product Safety Commission." Manufacturers of "consumer fireworks"
        must have an ATF license. However, the ATF generally does not regulate the importation, distribution,
        and storage of consumer fireworks.

1
  See ch. 791, F.S.
2
  The American Pyrotechnics Association was found in 1948, represents the entire fireworks industry, and works toward the
responsible regulation of the fireworks industry. APA, 2019 State Fireworks Control Laws,
https://www.americanpyro.com/assets/docs/FactsandFigures/Rev2019%20State%20Laws%20Firework%20Map.pdf (last visited on
Oct. 29, 2019).
3
  27 C.F.R. § 555 (2019) & 27 C.F.R. § 555.11 (2019).
4
  27 C.F.R. § 555.26 (2019) & 27 U.S.C. § 555.41 (2019).
5
  27 C.F.R. § 555.11 (2019).
STORAGE NAME: h0065d.COM.DOCX                                                                                       PAGE: 2
DATE: 2/25/2020
        The definition also includes "some small devices designed to produce audible effects ... such as":
           • whistling devices,
           • ground devices containing 50 mg or less of explosive materials, and
           • aerial devices containing 130 mg or less of explosive materials." 6

         Articles Pyrotechnic

         "Articles pyrotechnic" are defined as "pyrotechnic devices for professional use similar to consumer
         fireworks in chemical composition and construction but not intended for consumer use." 7 A
         manufacturer of articles pyrotechnics must have an ATF manufacturer's license. 8

         The Federal Hazardous Substances Act (FHSA)

         The CPSC regulates the use of consumer fireworks under the FHSA. 9 The FHSA prohibits the sale to
         consumers of the most dangerous types of fireworks including:
            • Large reloadable mortar shells;
            • Cherry bombs;
            • Aerial bombs;
            • M-80 aerials; and
            • Larger firecrackers containing more than 2 grains of explosive materials. 10

        Any person who imports, distributes, or sells a prohibited firework under the FHSA to a consumer is
        guilty of a misdemeanor and subject to a fine of not more than $500 and/or imprisonment for not more
        than 90 days. For second or subsequent offenses, or if the person intended to defraud or mislead, the
        person is subject to a fine of up to $250,000 and/or imprisonment for not more than 5 years. Any
        person who imports, distributes, or sells a prohibited firework under the FHSA to a consumer may also
        be subject to a civil penalty up to $100,000 for each violation and up to $15,000,000 for any series of
        violations. 11

         The determination of who may purchase and use consumer fireworks is left up to the states. However,
         the CPSC advises that young children should not be allowed to use consumer fireworks and older
         children should only be allowed to use consumer fireworks under the close supervision of an adult. 12

         The CPSC provides an annual report on the number of non-occupational, fireworks-related deaths and
         injuries in the U.S. The CPSC reported that in 2018 there were an estimated 9,100 injuries involving
         fireworks in the U.S. The CPSC also reported that there were at least five deaths including a 16 year
         old male in Florida who died after a mortar tube exploded in his hand. 13




6
   27 C.F.R. § 555.11 (2019).
7
    Id
8
   27 C.F.R. § 555.11 (2019); 27 C.F.R. § 555.141 (2019); ATF Bureau of Alcohol, Tobacco, Firearms, and Explosives, Are 'consumer
fireworks' subject to regulation under the Federal explosive laws?, https://www.atf.gov/explosives/ga/are-%E2%80%9Cconsumer-
fireworks%E2%80%9D-subject-regulation-under-federal-explosives-laws (last visited on Oct. 29, 2019); ATF Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Are "Articles Pyrotechnic" subject to the requirements of the Federal explosive regulations?,
https://www.atf.gov/explosives/ga/are-%E2%80%9Carticles-pyrotechnic%E2%80%9D-subject-reguirements-federal-explosives-
regulations (last visited Oct. 29, 2019).
9
    15 U.S.C. § 1261 (2019).
 10
    16 C.F.R. § 1500.17 (2019).
 11
     See 15 U.S.C. § 1263 (2017); 15 U.S.C. § 1264 (2019); 18 U.S.C. § 3571 (2019).
 12
     U.S. Consumer Product Safety Commission, Fireworks Fact Sheet, https://www.cpsc.gov/s3fs-
public/Fireworks%20Fact%20Sheet%202019.pdf (last visited on Oct. 29, 2019).
 13
     Tu, Yongling, 2018 Fireworks Annual Report: Fireworks-Related Deaths and Emergency Department-Treated Injuries During
20I8, 1 & 8 https://www.cpsc.gov/s3fs-public/Fireworks Report 2018.pdf?5kZ4zdr9jPFyhPmeg3MoL35mGX8fBOs7 (June 2019).
STORAGE NAME: h0065d.C0M.D0CX                                                                                            PAGE: 3
DATE: 2/25/2020
         Florida Regulation of Fireworks and Sparklers

         In Florida, the sale, purchase, and use of fireworks is prohibited unless the seller, buyer, or user falls
         under an exemption. Fireworks are defined as "any combustible or explosive composition or substance
         or combination of substances or, except as hereinafter provided, any article prepared for the purpose of
         producing a visible or audible effect by combustion, explosion, deflagration, or detonation."

         Fireworks include:
             • Blank cartridges and toy cannons in which explosives are used;
             • Balloons which require fire underneath to propel them;
             • Firecrackers;
             • Torpedoes;
             • Skyrockets;
             • Roman candles;
             • Dago bombs; and
             • Any fireworks containing any explosives or flammable compound or any tablets or other device
               containing any explosive substance. 14

         Fireworks do not include the following, which the sale and use of is permitted under certain
         conditions:
             • Sparklers 15 approved by the State Fire Marshal;
             • Toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five
                 hundredths grains or less of explosive compound are used, providing that a person's hand
                 cannot come into contact with the cap when in place for the explosion;
             • Toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture;
                 and
             • A trick noisemaker, which is a device that produces a small report intended to surprise a user,
                 including a:
                     o Party popper;
                     o Booby trap;
                     o Snapper;
                     o Trick match;
                     o Cigarette load; and
                     o Auto burglar alarm.
             • The following novelties:
                     o A snake or glow worm, which is a pressed pellet of not more than 10 grams of
                         pyrotechnic composition that produces a large, snakelike ash which expands in length
                         as the pellet burns and that does not contain mercuric thiocyanate; and
                     o A smoke device, which is a tube or sphere containing not more than 10 grams of
                         pyrotechnic composition that, upon burning, produces white or colored smoke as the
                         primary effect. 16

         Any person who illegally purchases, uses, or sells fireworks commits a first-degree misdemeanor. 17

         Sparklers

         All sparklers sold in Florida must be approved by the State Fire Marshal. Sparklers not approved by the
         State Fire Marshal are considered fireworks. Any person wishing to sell a product as a sparkler in
         Florida must first submit the product to the State Fire Marshal for testing to determine if the product

14
   Ss. 791.01(4)(a) & 791.02(1), F.S.
15
   S. 791.01(8), F.S. (Sparklers are hand-held or ground-based devices that emit showers of sparks when they are burned. Sparklers do
not explode, detonate, contain explosive compounds, are not self-propelled, and have a limited number of combustible chemicals.)
16
   S. 791.01(4)(b) & (c), F.S.
17
   S. 791.06, F.S.
STORAGE NAME: h0065d.C0M.D0CX                                                                                                PAGE: 4
DATE: 2/25/2020
         meets the definition of a sparkler. On February 1 of each year, the State Fire Marshal must publish a
         list of the approved sparklers. All approved sparklers may be sold until January 31st of the following
         year. 18

         Any person who alters an approved sparkler, so that it is no longer a sparkler, and subsequently sells
         the altered sparkler as an approved sparkler commits a first-degree misdemeanor. Any person who
         fraudulently represents a product that is not an approved sparkler as an approved sparkler commits a
         first-degree misdemeanor. 19

         Public Displays of Fireworks

         Pursuant to s. 791.012, F.S, the outdoor display of fireworks is governed by the National Fire Protection
         Association (NFPA) 1121, Code for Fireworks Display, 1995 Edition, approved by the American
         National Standards lnstitute. 20 Any state, county, or municipal law, rule, or ordinance may provide for
         more stringent regulations, but in no event may any such law, rule, or ordinance provide for less
         stringent regulations for the outdoor display of fireworks. However, the Code for Fireworks Display does
         not govern the display of any fireworks on private residential property. 21

         Florida allows the public display of fireworks in municipalities if police and fire chiefs have determined
         that the display is done by a competent supervisor, and the display does not endanger any person and
         is not hazardous to property. 22

         Supervised public displays of fireworks are permitted outside municipalities by fair associations,
         amusement parks, and other organizations or groups of individuals if the person doing the display
         obtains a bond of not less than $500. The bond is for the payment of damages that may be caused to a
         person or property by the fireworks display, any acts of the person doing the display, his or her agents,
         employees, or subcontractors. 23

         Municipalities and the boards of county commissioners have the power to adopt reasonable rules and
         regulations for the granting of permits for supervised public displays of fireworks. Application for a
         permit must be made in writing at least 15 days in advance of the display. Upon obtaining a permit a
         person may engage in the lawful sale, possession, and distribution of fireworks for the display. Permits
         may not be transferred. 24

         Distributors, Manufacturers, Wholesalers, and Retailers

         In order to be a retailer, manufacturer, wholesaler, or distributor25 a person must register annually with
         the State Fire Marshal. Depending on the type of registration, the registrant is able to manufacture,
         construct, or sell sparklers and may also sell fireworks:
             • To other registered wholesalers, manufacturers, and distributors;


18
   Ss. 791.01(8) & 791.013(1), F.S.
19
   S. 791.013(2), F.S.
20
   The National Fire Protection Association was founded in 1896 and delivers information and knowledge through more than 300
consensus codes and standards, research, training, education, outreach and advocacy; and by partnering with others who share an
interest in furthering the mission. The American National Standards Institute is a non-profit organization that aims to strengthen the
U.S. market place and assure the safety and health of consumers by creating and promulgating thousands of standards and guidelines.
NFPA, About NFPA, http://www.nfpa.org/about-nfpa (last visited on Oct. 29, 2019); ANSI, About ANSI,
https://www.ansi.org/about ansi/overview/overview?menuid=l (last visited on Oct. 29, 2019).
21
   S. 791.012, F.S.
22
   S. 791.02(1), F.S.
23
   Id. & S. 791.03, F.S.
24
   S. 791.02(1), F.S.
25
   S. 791.01(1), (5), & (9), F.S. (A distributor is defined as any person who sells sparklers to a wholesaler. A manufacturer is defined
as any person engaged in the manufacture or construction of sparklers in Florida. A wholesaler is defined as any person engaged in the
business of selling sparklers to a retailer.)
STORAGE NAME: h0065d.COM.DOCX                                                                                                   PAGE: 5
DATE: 2/25/2020
            •   That are to be shipped out of Florida;
            •   To anyone holding a public firework display permit from a municipality or a board of county
                commissioners; and
            •   To a buyer who is using the fireworks to scare birds away from agricultural works or fish
                hatcheries. 26

        Retailers and seasonal retailers may not sell sparklers, fireworks, or any other product authorized for
        sale by ch. 791, F.S., unless the retailer or seasonal retailer obtained the product from a registered
        manufacturer, distributor, or wholesaler.

        Retailers and seasonal retailers are also required to keep, at every location where sparklers are sold,
        evidence of purchases from manufacturers, distributors, or wholesalers. The evidence must have the
        manufacturer, distributor, or wholesaler's registration number, and the specific items purchased by the
        retailor or seasonal retailor. Each seasonal retailer must also display a copy of his or her registration at
        each seasonal location. 27

        There are two types of retailers in Florida:
           • A retailer, who is any person at a fixed place of business who sells sparklers to consumers at
               retail; and
           • A seasonal retailer, who is any person engaged in the business of selling sparklers to
               consumers at retail from June 20th through July 5th and December 10th through January 2nd_ 28

        A retailer who sells sparklers at multiple locations may submit one registration form as long as the
        retailer lists every location on the registration form. 29 The registration form must include the business
        name, address, telephone number, corporate officers (if a corporation}, and a contact person. Annual
        registration fees are:
            • $1,000 for registration as a manufacturer, distributor, or wholesaler;
            • $200 for registration as a seasonal retailer; and
            • $15 for each location registered by a non-seasonal retailer. 30

        Agricultural Exception to Fireworks Prohibition

        Pursuant to s. 791.07, F.S., nothing shall prohibit the importation, purchase, sale, or use of fireworks to
        be used solely and exclusively to scare birds from agricultural works and fish hatcheries. Such use is
        governed by rules prescribed by the Department of Agriculture and Consumer Services (DACS}.

        Current law does not provide for an age restriction for the purchase of fireworks to scare birds from
        agricultural works and fish hatcheries. However, on February 13, 2018, testimony was offered during
        the regular meeting of the Florida House of Representatives' Commerce Committee indicating that it is
        standard practice for retailers to refuse to sell fireworks to minors under the agricultural exception
        because minors cannot legally sign the legal form required by the retailers. 31

        DACS has adopted rules that require any person who wishes to use firecrackers to scare birds first file
        a written statement, with the sheriff in the county where the agricultural work or fish hatchery is located,
        attesting that he or she intends to use the firecrackers solely for the purpose of scaring birds. 32 A




26
   Ss. 791.04 & 791.07, F.S.
27
   S. 791.02(2), F.S.
28
   S. 791.01(6) & (7), F.S.
29
   S. 791.015(1), F.S.
30
   S. 791.015(3), F.S. & Rule 69A-50.005, F.A.C.
31
   See The Florida Channel, 2/13/2018 House Commerce Committee.
32
   Rule 5A-3.001, F.A.C.
STORAGE NAME: h0065d.COM.D0CX                                                                                 PAGE: 6
DATE: 2/25/2020
        person may purchase firecrackers from an authorized seller upon presenting the seller a copy of the
        written statement he or she has filed with the sheriff. 33

        Local news stations have reported that the ability to buy fireworks in order to scare birds is a "loophole"
        to the prohibition of the purchase of fireworks by people who are not registered with the State Fire
        Marshal. According to the local news stations, retailers require a person to sign a form attesting that
        they are purchasing fireworks to scare birds from agricultural works or fish hatcheries in order to
        purchase the fireworks. 34 In 2002, the Third District Court of Appeal held that it is not the responsibility
        of a seller to check the veracity of a buyer's form attesting that the fireworks are to be used to scare
        birds. 35

        Consumer Fireworks Task Force/Limits on Retail Sales Facilities & Local Regulations (2007 Provisions)

        The 2007 Legislature 36 found that:
           • The state regulation of consumer fireworks in Florida provides an insufficient definition of
              consumer fireworks and related products used by consumers;
           • There is a need for better training and education concerning the safe use of consumer
              fireworks;
           • There should be a mechanism to help local governments fund the cleanup following the use of
              consumer fireworks on public property;
           • Local government regulation of the agricultural uses authorized bys. 791.07, F.S., may be
              inconsistent with legitimate agricultural purposes;
           • There is a need for consumer education relating to safety standards in the use of consumer
              fireworks;
           • There is need for standards concerning tents and other temporary retail facilities selling
              consumer fireworks; and
           • The state would benefit from additional funding for the training and education of fire officials.

        The Consumer Fireworks Task Force (Task Force), housed within DACS, was established for the
        purpose of studying issues concerning consumer fireworks, including the:
           • Proper use of consumer fireworks;
           • The regulation of sales and temporary sale facilities;
           • Regulation of the hours and location of use;
           • Property zoning classifications for sale facilities;
           • Funding options for fire official training and education; and
           • Funding options for cleanup of expended consumer fireworks products. 37

        In 2007, limits on the number of retail sales facilities for the sale of consumer fireworks were
        established:
            • A new permanent fireworks retail sales facility may not be opened in Florida after March 8,
                2007, for the purpose of selling fireworks in accordance with the agricultural exception, unless
                construction for the permanent retail sales facility received site plan approval and construction
                began on or before March 8, 2007; and



33
   Rule 5A-3.002, F.A.C.
34
   Jenna Bourne, loophole in Florida fireworks law can lead to irifuries, death, Action News Jax (Jul. 4, 2019),
https ://www .actionnewsjax.com/news/local/loophole-in-florida-fireworks- law-can-lead-to-injuries-death/963 97 5096; Nicki Ross,
Fireworks are big business - and illegal in Florida, The Daytona Beach News-Journal (Jul. 3, 2019), https://www.news-
joumalonline.com/news/20190703/fireworks-are-big-business---and-illegal-in-florida; WFTX Digital Team, Police: Most fireworks
are illegal in Florida, Fox4 Southwest Florida (Jul. 4, 2019) https://www.fox4now.com/news/local-news/police-most-fireworks-are-
illegal-in-florida.
35
   See State v. Miketa, 824 So. 2d 970 (Fla. 3d DCA 2002).
36
   Ch. 2007-67, s. 10(1), Laws of Fla. (In 2007, the Legislature passed and the Governor signed into law Senate Bill 1372.)
37
   Ch. 2007-67, s. 10(2)(a), Laws of Fla.
STORAGE NAME: h0065d.C0M.D0CX                                                                                              PAGE: 7
DATE: 2/25/2020
                •   The number of permits for temporary fireworks retail sales facilities, such as tents, issued after
                    March 8, 2007, by a county, municipality, or other unit of local government, may not exceed the
                    number of permits the governmental entity issued for facilities selling fireworks in accordance
                    with the agricultural exception during the 2006 calendar year. 38

           Local governments were are also prohibited from adopting any ordinance, rule, or regulation after
           March 8, 2007, that directly prohibits or directly interferes with the safety standards established by state
           law or the right to purchase, sell, use or possess consumer fireworks. 39

           The 2007 provisions were enacted with the expectation that the Legislature would review the Task
           Force's recommendations, and decide whether to adopt comprehensive regulations for the use of
           consumer fireworks based on those recommendations. 40 Therefore, the 2007 provisions were
           anticipated to remain in effect until the Legislature reviewed the Task Force's recommendations.
           However, the 2007 provisions also provided that they would expire if the Legislature adopted
           comprehensive regulations for the use of consumer fireworks on or before July 1, 2008. 41

           Although the 2007 provisions were enacted pending the Legislature's review of the Task Force's
           recommendations or upon the enactment of comprehensive regulations for the use of consumer
           fireworks, the 2007 provisions remain in effect today. Changes were not made to such provisions after
           the Task Force completed its report and submitted it to the Legislature on January 15, 2008. 42

           In June 2016, the City of Altamonte Springs requested an advisory opinion from the Florida Office of
           the Attorney General (AG) to determine if the City could issue a new permit for the sale of fireworks.
           The AG determined that local governments are prohibited from allowing new facilities to be opened for
           the sale of fireworks, and local governments may only issue as many permits allowing temporary
           facilities for the sale of fireworks as they had issued in 2006. 43

           State Fire Marshal

           Florida's fire prevention and control law, ch. 633, F.S., designates the state's Chief Financial Officer as
           the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal within the
           Department of Financial Services (DFS}, is charged with enforcing the provisions of ch. 633, F.S., and
           all other applicable laws relating to fire safety and has the responsibility to minimize the loss of life and
           property in this state due to fire. Pursuant to this authority, the State Fire Marshal regulates, trains, and
           certifies fire service personnel and fire safety inspectors; investigates the causes of fires; enforces
           arson laws; regulates the installation of fire equipment; conducts fire safety inspections of state
           property; and operates the Florida State Fire College. 44

           In addition to these duties, the State Fire Marshal adopts by rule the Florida Fire Prevention Code
           (FFPC}, which contains all fire safety rules that pertain to the design, construction, erection, alteration,
           modification, repair, and demolition of public and private buildings, structures, and facilities and the
           enforcement of such fire safety laws and rules, at ch. 69A-60, F.A.C. The State Fire Marshal adopts a
           new edition of the FFPC every three years. The FFPC includes national fire safety and life safety
           standards set forth by the NFPA, including the NFPA's Fire Code (1), Life Safety Code (101) and Guide
           on Alternative Approaches to Life Safety (101A). 45



38
     Ch. 2007-67, s. 10(5), Laws ofFla.
39 Id.
40 Id.
41 Id.
42
     2016-05 Fla. Op. Att'y Gen. 37 (2016).
43 Id.
44 S. 633.104, F.S.
45
     S. 633.202(2), F.S.
STORAGE NAME: h0065d.C0M.D0CX                                                                                     PAGE: 8
DATE: 2/25/2020
         According to DFS, last year there were 108 fires in Florida where fireworks were the reported cause.
         Those fires resulted in an estimated $287,751 in property damage. In 2017, there were 173 fires in
         Florida where fireworks were the reported cause. Those fires resulted in one death and $500,660 in
         property damage. 46

         Effect of the Bill

         The bill creates an exception to the prohibition on the sale and use of fireworks.

         The bill provides that fireworks are not prohibited from being imported, sold, purchased, or used, or to
         be used, if they are solely and exclusively for the following holidays:
            • New Year's Eve, December 31st;
            • New Year's Day, January 1st;
            • Memorial day, the last Monday in May; and
            • Independence Day, July 4th.

         The bill states that it is not intended to provide for the comprehensive regulation of fireworks nor is it
         intended to supersede any local government regulation relating to the use of fireworks. This will
         maintain the 2007 provisions relating to the opening of new permanent retail sales facilities, and the
         issuance of permits for temporary retail sales facilities in greater numbers than were permitted in 2006.
         It will also maintain the 2007 provisions relating to the prohibition of the enactment of local government
         ordinances that prohibit or directly interfere with the safety standards established by state law or the
         right to purchase, sell, use or possess consumer fireworks.

         The bill provides that a person must be at least 18 years of age to purchase fireworks. The bill also
         provides an affirmative defense to a retailer or seasonal retailer who sells fireworks to a minor. A
         retailer or seasonal retailer has an affirmative defense if at the time the fireworks were sold, the
         retailer, seasonal retailer, or one of their employees or agents:
             • Carefully checked a driver license, an identification card issued by this state or another state of
                  the United States, a passport, or a United States Armed Services identification card presented
                  by the buyer; and
             • Acted in good faith and in reliance upon the representation and appearance of the buyer in the
                  belief that the buyer was 18 years of age or older. 47

         The bill also permits seasonal retailers to sell sparklers and fireworks from May 12th through June 1st.

         The bill takes effect upon becoming law.

     8. SECTION DIRECTORY:
         Section 1.        Amends s. 791.01, F.S., revising the definition of the term "seasonal retailer."

         Section 2.        Creating s. 791.08, F.S., authorizing the purchase, sale, and use of fireworks on certain
                           holidays. Providing the statute neither creates a comprehensive regulation of fireworks
                           nor supersedes local regulation. Providing an age requirement to purchase fireworks,
                           and providing an affirmative defense for certain retailers.

         Section 3.        Provides the act is effective upon becoming law.

                              11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT



46
  Florida Department ofFinancial Services, Agency Analysis of2020 House Bill 65, p. 4 (Sep. 20, 2019).
47
  Current law provides a similar affirmative defense for retailers who inadvertently sell tobacco products, nicotine products, or
nicotine dispensing devices to a person under 18 years of age. Ss. 569.101 & 877.112, F.S.
STORAGE NAME: h0065d.COM.DOCX                                                                                                   PAGE: 9
DATE: 2/25/2020
       A. FISCAL IMPACT ON STATE GOVERNMENT:

           1. Revenues:
               None.

           2. Expenditures:
               None.

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

           1. Revenues:
               None.

           2. Expenditures:
               None.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
           See Fiscal Comments

       D. FISCAL COMMENTS:
           A potential increase in the purchase and use of fireworks may have a positive economic impact on the
           private sector.

           According to DFS, last year there were 108 fires in Florida where fireworks were the reported cause.
           Those fires resulted in an estimated $287,751 in property damage. In 2017, there were 173 fires in
           Florida where fireworks were the reported cause. Those fires resulted in one death and $500,660 in
           property damage. 48

                                                          Ill. COMMENTS

       A. CONSTITUTIONAL ISSUES:

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

           2. Other:
              None.

       B. RULE-MAKING AUTHORITY:
           The bill neither requires nor provides authority for administrative agency rulemaking.

       C. DRAFTING ISSUES OR OTHER COMMENTS:

           None.

                               IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On November 6, 2019, the Business & Professions Subcommittee adopted a strike-all amendment and
reported the bill favorably as a committee substitute. The committee substitute:


48
     Florida Department of Financial Services, Agency Analysis of2020 House Bill 65, p. 4 (Sep. 20, 2019).
STORAGE NAME: h0065d.COM.DOCX                                                                                PAGE: 10
DATE: 2/25/2020
   •   Includes New Year's Eve as a designated holiday;
   •   Includes Memorial Day in the list of dates "seasonal retailers" are permitted to sell fireworks;
   •   Provides that a person must be at least 18 years of age to purchase fireworks;
   •   Provides an affirmative defense for a retailer who acts in good faith and inadvertently sells fireworks to
       a minor; and
   •   Removes the rule-making requirement.

On December 11, 2019, the Local, Federal & Veterans Affairs Subcommittee adopted an amendment and
reported the bill favorably as a committee substitute. The amendment clarifies that the bill is not intended to
provide for the comprehensive regulation of fireworks nor is it intended to supersede local regulation of the use
of fireworks as provided in ch. 2007-67, Laws of Fla.

This analysis is drafted to the committee substitute as approved by the Local, Federal & Veterans Affairs
Subcommittee.




STORAGE NAME: h0065d.C0M.D0CX                                                                             PAGE: 11
DATE: 2/25/2020
FLORIDA                       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 65                                                                          2020



 1                                         A bill to be entitled
 2              An act relating to fireworks; amending s. 791.01,
 3              F.S.; revising the definition of the term "seasonal
 4              retailer"; creating s. 791.08, F.S.; defining the term
 5              "designated holiday"; providing an exemption for the
 6              purchase,         sale, or use of fireworks used or to be used
 7              solely and exclusively during a designated holiday;
 8              providing construction; providing an age requirement
 9              to purchase fireworks; providing an affirmative
10              defense for certain retailers; providing an effective
11              date.
12
13      Be It Enacted by the Legislature of the State of Florida:
14
15              Section 1.          Subsection (7) of section 791.01,          Florida
16      Statutes, is amended to read:
17              791.01       Definitions.-As used in this chapter,             the term:
18               ( 7)   "Seasonal retailer" means any person engaged in the
19      business of selling sparklers at retail in this state from May
20      12 through June 1,             from June 20 through July 5~ and from
21      December 10 through January 2 of each year.
22              Section 2.          Section 791.08, Florida Statutes,          is created to
23      read:
24              791.08       Use during designated holidays; exemption.-
25               (1)    As used in this section, the term "designated holiday"

                                                         Page 1 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                         hb0065-02-c2
FLORIDA                       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 65                                                                       2020



26      means:
27               (a)    New Year's Eve, December 31;
28               (b)    New Year's Day, January 1;
29               (c)    Memorial Day, the last Monday in May; or
30               (d)    Independence Day, July 4.
31               (2)    This chapter does not prohibit the offer for sale,
32      sale, purchase, or use of fireworks that are to be used or used
33      solely and exclusively during a designated holiday. This section
34      is not intended to provide for the comprehensive regulation of
35      fireworks as described ins. 10(5), chapter 2007-67, Laws of
36      Florida, or to supersede any local government regulation
37      relating to the use of fireworks as provided ins. 10(5),
38      chapter 2007-67, Laws of Florida.
39               (3)    Any person who purchases fireworks must be 18 years of
40      age or older.
41               (4)    A retailer or seasonal retailer charged with
42      unlawfully selling fireworks to a person under 18 years of age
43      has a complete defense if, at the time the fireworks were sold,
44      the retailer, seasonal retailer, or an employee or agent of the
45      retailer or seasonal retailer carefully checked a driver license
46      or an identification card issued by this state or another state
47      of the United States, a passport, or a United States Armed
48      Services identification card presented by the buyer, and acted
49      in good faith and in reliance upon the representation and
50      appearance of the buyer in the belief that the buyer was 18

                                                         Page 2 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                      hb0065-02-c2
FLORIDA                       H   O   U   S   E      0     F      REPRESENTATIVES




        CS/CS/HB 65                                                              2020



51      years of age or older.
52              Section 3.         This act shall take effect upon becoming a law.




                                                         Page 3 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                             hb0065-02-c2
                                COMMERCE COMMITTEE

                              HB 65 by Rep. Rodriguez, A.M.
                                        Fireworks

                                 AMENDMENT SUMMARY
                                   February 27, 2020


Amendment 1 by Rep. Rodriguez, A.M. (Strike-all amendment):
The strike-all amendment:
   • Removes Memorial Day as a designated holiday for the sale of fireworks, and the
        provision allowing seasonal retailers to sell fireworks during Memorial Day.

The remainder of the bill's provisions are unchanged by the strike-all amendment.
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/CS/HB 65   (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. M. offered the following:
 3

 4             Amendment (with title amendment)
 5             Remove everything after the enacting clause and insert:
 6             Section 1.   Section 791.08, Florida Statutes, is created to
 7     read:
 8             791.08   Use during designated holidays; exemption.-
 9             (1)   As used in this section, the term "designated holiday"
10     means:
11             (a)   New Year's Eve, December 31;
12             (b)   New Year's Day, January 1; or
13             (c}   Independence Day, July 4.
14             (2)   This chapter does not prohibit the offer for sale,
15     sale, purchase, or use of fireworks that are to be used or used
16     solely and exclusively during a designated holiday. This section
     535995 - h65-strike.docx
      Published On: 2/26/2020 4:45:34 PM
                                      Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 65   (2020)
       Amendment No. 1.



17     is not intended to provide for the comprehensive regulation of
18     fireworks as described ins. 10(5), chapter 2007-67, Laws of
19     Florida, or to supersede any local government regulation
20     relating to the use of fireworks as provided ins. 10(5),
21     chapter 2007-67, Laws of Florida.
22          (3)   Any person who purchases fireworks must be 18 years of
23     age or older.
24          (4)   A retailer or seasonal retailer charged with
25     unlawfully selling fireworks to a person under 18 years of age
26     has a complete defense if, at the time the fireworks were sold,
27     the retailer, seasonal retailer, or an employee or agent of the
28     retailer or seasonal retailer carefully checked a driver license
29     or an identification card issued by this state or another state
30     of the United States, a passport, or a United States Armed
31     Services identification card presented by the buyer, and acted
32     in good faith and in reliance upon the representation and
33     appearance of the buyer in the belief that the buyer was 18
34     years of age or older.
35          Section 2.    This act shall take effect upon becoming law.
36
37
38                         T I T L E   A ME N D ME N T
39          Remove everything before the enacting clause and insert:
40          An act relating to fireworks; creating s. 791.08,
41          F.S.; defining the term "designated holiday";
     535995 - h65-strike.docx
     Published On: 2/26/2020 4:45:34 PM
                                    Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 65   (2020)
       Amendment No. 1.



42          providing an exemption for the purchase, sale, or use
43          of fireworks used or to be used solely and exclusively
44          during a designated holiday; providing construction;
45          providing an age requirement to purchase fireworks;
46          providing an affirmative defense for certain
47          retailers; providing an effective date.




     535995 - h65-strike.docx
      Published On: 2/26/2020 4:45:34 PM
                                  Page 3 of 3
:::c
CJ
N
0
......
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 207 Acquisition of Water and Wastewater Systems
SPONSOR(S): McClain
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 658

  REFERENCE                                                        ACTION                   ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Energy & Utilities Subcommittee                               15 Y, 0 N                Keating               Keating

  2) Government Operations & Technology                            11 Y, 0 N                Helpling              Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                                     Keating


                                                         SUMMARY ANALYSIS
When the Public Service Commission approves a sale, assignment, or transfer of an existing water or
wastewater utility system to a PSC-regulated utility, it establishes a rate base value for the acquired utility
system. The value of the acquired utility's rate base is determined using the utility's net book value, i.e .. the
original cost of the utility's assets when first dedicated to public service, less depreciation. This rate base is the
amount upon which the acquiring utility may earn a fair rate of return established by the PSC.

If the purchase price of a utility system is greater than its net book value, no part of the difference is included in
rate base absent a showing of extraordinary circumstances. This showing may be made through evidence that
the transaction is anticipated to yield cost efficiencies and improvements in service quality and regulatory
compliance, among other things. If the PSC determines that extraordinary circumstances exist, it will allow the
acquiring utility to include all or part of the difference in its rate base as a "positive acquisition adjustment."
This adjustment will be reflected in the utility's rates that are set during the utility's next general rate case.

The bill allows certain PSC-regulated water and wastewater utilities (those with over 10,000 customers) who
acquire an existing water or wastewater utility system to establish rate base for the acquired utility system
based on the lesser of: (1) the purchase price negotiated by the two utilities; or (2) the "fair market value" of the
acquired utility, as determined by the average of appraisals conducted by two licensed appraisers chosen from
a list established by the PSC. Appraisal fees and transaction costs may also be included. The bill provides
that one appraiser will represent and be paid by the acquiring utility, and that a second appraiser will represent
and be paid by the utility to be acquired. The bill provides some guidelines for the appraisals, including the use
of a required engineering assessment. To use this fair market value approach, the utility must provide the PSC
certain information specified in the bill. If the required information is provided, the PSC must approve an
application within 6 months.

The bill is not expected to have a fiscal impact on state or local governments. The bill may encourage
transactions involving the purchase of smaller utility systems by eligible utility systems. In some cases, these
transactions may yield needed infrastructure improvements, cost efficiencies, and improvements in service
quality and regulatory compliance. Where such benefits are achieved, the combined rate impact of these
benefits may or may not outweigh the rate impact of valuing the acquired utility system's rate base above the
system's net book value. Thus, in some cases, the bill could result in customer rates being higher than they
otherwise would be solely due to valuation of the acquired utility system.

The six month approval process created in the bill may require additional PSC resources but the amount is
unknown at this time. See Fiscal Comments.

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



This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0207d.C0M.D0CX
DATE: 2/24/2020
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Present Situation

          Regulated Water and Wastewater Utilities

          In various areas throughout Florida, water and wastewater services are provided through privately-
          owned and operated utilities. These privately-owned utilities, sometimes referred to as investor-owned
          utilities, range in size from very small systems, owned by individuals as sole proprietorships and
          serving only a few dozen customers in a small neighborhood, to systems owned by large interstate
          corporations which serve tens of thousands of customers in multiple Florida counties.

          For privately-owned utilities operating within a single Florida county, the county has the option to
          regulate rates and service or allow the Public Service Commission (PSC) to regulate those utilities. 1
          Regardless of whether the county has opted to regulate those utilities, the PSC has jurisdiction over all
          water or wastewater utility systems whose service transverses county boundaries, except for systems
          owned and regulated by intergovernmental authorities. 2 As of December 2018, the PSC had
          jurisdiction over 150 utilities in 38 counties. 3 Still, the vast majority of water and wastewater customers
          in the state are served by water and wastewater utilities not regulated by the PSC, primarily by systems
          owned, operated, managed, or controlled by governmental authorities.

          For each utility within its jurisdiction, the PSC has exclusive authority to regulate the utility's rates and
          service. 4 The PSC must establish rates that are just, reasonable, compensatory, and not unfairly
          discriminatory. 5 In doing so, the PSC must consider the value and quality of the service and the cost of
          providing the service, which includes, but is not limited to: debt interest; the requirements of the utility
          for working capital; maintenance, depreciation, tax, and operating expenses incurred in the operation of
          all property used and useful in the public service; and a fair return on the investment of the utility in
          property used and useful in the public service. 6 The PSC has consistently interpreted the "investment
          of the utility" to be the original cost of the utility's property when first dedicated to public service. 7

          Acquisition of Utility Systems

          Each utility subject to the PSC's jurisdiction must obtain a certificate of authorization to provide water or
          wastewater service. 8 A PSC-regulated utility may not sell, assign, or transfer its certificate of
          authorization, facilities, or majority organizational control without approval by the PSC. Likewise, PSC
          approval is required for the transfer of a utility system exempt from PSC jurisdiction, such as a system
          owned or operated by a governmental authority, to a PSC-regulated utility. To grant approval, the PSC
          must determine that the sale, assignment, or transfer is in the public interest and that the acquiring
          utility will fulfill the commitments, obligations, and representations of the utility to be acquired. 9 The
          PSC considers, among other things, the financial ability of the buyer to maintain and operate the
          acquired utility and the technical ability of the buyer to provide service. 10

1
 S. 367 .171, F.S. If a county chooses to allow regulation by the PSC, it may rescind this election only after 10 continuous years of
PSC regulation.
2 Id.
3
  Florida Public Service Commission, Facts and Figures of the Florida Utility Industry, p. 31 (Jun. 2019).
4
  S. 367.011, F.S.
5
  S. 367.081, F.S.
6 Id.
7
  Florida Public Service Commission (FPSC), Agency Analysis of2020 House Bill 207, p. 1 (Jan, 6, 2020).
8
  S. 367.031, F.S.
9
  S. 367.071(1), F.S.
10
   Rule 25-30.037 (2), F.A.C.
STORAGE NAME: h0207d.C0M.D0CX                                                                                                   PAGE: 2
DATE: 2/24/2020
        When the PSC approves a sale, assignment, or transfer of an existing utility system to a PSC-regulated
        utility, the PSC may establish the rate base for the utility being transferred. 11 The PSC establishes the
        value of an existing utility's rate base using "original cost." Using original cost, the value of a utility's
        rate base is determined using the depreciated original cost, or net book value, of the property devoted
        to the public service. This rate base is the amount upon which the utility may earn a fair return, as
        established by the PSC. 12

        A utility system may be acquired at a price higher or lower than the net book value of its assets. If the
        purchase price is greater than net book value, no part of the difference is included in a utility's rate base
        absent a showing by the utility of extraordinary circumstances. 13 In determining whether a utility has
        demonstrated extraordinary circumstances, the PSC will consider evidence including:
           • Anticipated improvements in quality of service;
           • Anticipated improvements in compliance with regulatory mandates;
           • Anticipated rate reductions or rate stability over a long-term period;
           • Anticipated cost efficiencies; and
           • Whether the purchase was made as part of an arms-length transaction. 14

        If the PSC determines that extraordinary circumstances exist, it will allow the acquiring utility to include
        all or part of the difference in its rate base as a "positive acquisition adjustment." This adjustment will
        be reflected in the utility's rates that are set during the utility's next general rate case.

        A review of 78 water and wastewater utility transfers addressed by the PSC between August 15,
        2002, 15 and September 14, 2018, shows that the purchase price of a utility system exceeded its net
        book value in 39 cases. A positive acquisition adjustment was requested in two of those cases, but the
        requests were withdrawn prior to the PSC's decision in each case.

         Effect of Proposed Changes

        The bill allows certain PSC-regulated water and wastewater utilities who acquire an existing water or
        wastewater utility system to choose to establish rate base for the acquired utility system without regard
        to the system's original cost. Instead, such utilities may elect to establish rate base for the acquired
        system based on the lesser of: (1) the purchase price negotiated by the two utilities; or (2) the "fair
        market value" of the acquired utility, as determined by the average of appraisals conducted by two
        licensed appraisers chosen from a list established by the PSC. The acquired system's rate base may
        also include reasonable fees paid to appraisers, if approved by the PSC, and reasonable transaction
        and closing costs incurred by the acquiring utility. If the rate base established through this mechanism
        exceeds the acquired utility system's net book value, the effect is the same as if the acquiring utility had
        received a positive acquisition adjustment that increases the value of the acquired system's rate base.
        No consideration of anticipated benefits is required.

        The bill provides that one appraiser will represent and be paid by the acquiring utility, and that a second
        appraiser will represent and be paid by the utility to be acquired. The bill does not specify who may
        choose the two appraisers. The bill requires each appraiser to determine the fair market value of the
        utility to be acquired by using the Uniform Standards of Professional Appraisal Practice16 and


II S. 367.071(5), F.S.
12
   FPSC, supra note 7, at 1.
13
   Rule 25-30.0371(2), F.A.C.
14 Id.
15
   The PSC's rule on positive acquisition adjustments was adopted August 4, 2002.
16
   The Uniform Standards of Professional Appraisal Practice (USPAP) is the generally recognized ethical and performance standards
for the appraisal profession in the United States. USP AP was adopted by Congress in 1989, and contains standards for all types of
appraisal services, including real estate, personal property, business, and mass appraisal. See The Appraisal Foundation, What is
USPAP?,
STORAGE NAME: h0207d.COM.DOCX                                                                                               PAGE: 3
DATE: 2/24/2020
         employing cost, market, and income approaches. 17 The bill provides that the original source of funding
         for the utility being acquired is not relevant for purposes of each appraiser's evaluation of fair market
         value.

         Under the bill, the acquiring utility and the utility system being acquired must jointly retain a licensed
         engineer to assess the tangible assets of the system being acquired. The bill specifies that this
         assessment must be used by the two appraisers chosen to determine the fair market value of the
         system being acquired.

         A utility that chooses to use this mechanism to establish rate base for an acquired utility system must
         submit an application to the PSC that includes the following:
            • Copies of the two required appraisals performed by the chosen appraisers, including the
                  average of the appraisals;
            • The required engineering assessment, including each deficiency identified in the engineering
                  assessment and a 3-year plan for prudent and necessary infrastructure improvements;
            • The projected rate impact for the selling utility's customers for the next 5 years;
            • The contract of sale;
            • The estimated appraisal fees, and the estimated transaction and closing costs to be incurred by
                  the acquiring utility; and
            • A tariff, including rates equal to the rates of the utility to be acquired.

         If the utility's application includes all of these required elements, the bill provides that the PSC must
         issue a final order approving or denying the application within 6 months of filing, though the bill does
         not specify any grounds for denial. The order must indicate the rate base value established through
         this mechanism for the acquired utility system.

         The bill specifies that it applies only to acquiring utilities that provide water and wastewater services to
         more than 10,000 customers and are engaged in a "voluntary and mutually agreeable" acquisition of a
         water and wastewater system. Currently, it appears that there are three PSC-regulated utilities to
         which the bill may apply. 18 All other PSC-regulated utilities that acquire a water or wastewater system
         would continue to operate under the PSC's current rules that use the original cost approach to establish
         rate base and that allow a positive acquisition adjustment only upon a demonstration of extraordinary
         circumstances.

         If the mechanism created by the bill is used to establish rate base for an acquired utility system, that
         rate base value must be used by the PSC to establish rates for the acquiring utility during the utility's
         next general rate case. The bill specifies that the PSC, in setting future rates for customers of the
         acquired system, may classify the system as a separate entity, consistent with the public interest.

    B. SECTION DIRECTORY:
         Section 1.       Creates s. 367.0712, F.S., related to the determination of rate base value for an
                          acquired water or wastewater utility system.

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



https://www.appraisalfoundation.org/imis/TAF /Standards/ Appraisal Standards/Uniform Standards of Professional Appraisal Practi
ce/T AF/USPAP.aspx?hkey=a6420a67-dbfa-41 b3-9878-fac35923d2af (last visited Feb. 24, 2020).
17
   The cost approach considers the current cost ofreproducing or replacing a building, minus an estimate for depreciation, plus the
value of the land (and entrepreneurial incentive, if applicable). The market (sales comparison) approach considers the value indicated
by recent sales of comparable properties on the market. The income approach considers the value that the property's net earning
power will support. See The Appraisal Foundation, Understanding the Appraisal,
https://www.appraisalinstitute.org/assets/l/7/understand appraisal 1109 (I ).pdf (last visited Feb. 24, 2020).
18
   FPSC, supra note 7, at 4. As noted in the Drafting Issues or Other Comments section of this analysis, this provision of the bill
could be clarified as to its specific application.
STORAGE NAME: h0207d.COM.D0CX                                                                                                 PAGE: 4
DATE: 2/24/2020
                            11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

          1. Revenues:
               None.

          2. Expenditures:
               See Fiscal Comments.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

          1. Revenues:
               None.

          2.   Expenditures:
               None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
          The bill may encourage the three eligible utilities to acquire smaller utility systems, potentially resulting
          in better access to low cost capital for infrastructure improvements 19 that may be needed for the
          acquired systems. Further, the acquisition of a smaller utility system by an eligible utility may result in
          other cost efficiencies and improvements to quality of service and regulatory compliance.

          While these results are desirable, there is no guarantee that they will occur, 20 as they are not required
          and will depend on the specific circumstances surrounding each individual acquisition. If economic
          efficiencies and lower capital costs are achieved, the combined rate impact of these benefits may or
          may not outweigh the rate impact of valuing the acquired utility system's rate base above the system's
          net book value. Thus, the bill could result in customer rates being higher than they otherwise would be
          solely due to valuation of the acquired utility system. 21

          The owners of acquired utility systems may benefit more often from purchase prices above their net
          book value and, therefore, may be more willing to sell to a larger utility that may provide cost
          efficiencies, better management, and infrastructure improvements.

     D. FISCAL COMMENTS:
          The bill provides that the PSC must issue a final order approving or denying an application within six
          months of filing. The PSC asserts that compliance with this time limit will require all utility transfers of
          this type to be set directly for a formal administrative hearing, which may impose additional resource
          costs on the utilities and customer representatives, including the Office of Public Counsel. 22 However,
          because the bill does not establish grounds for denial of a complete application, the approval process
          may not involve significant hearing resources.




19
   Id. at 2. If any such improvements are made, the impact of those improvements on rate base (and, in tum, customer rates) would be
in addition to the impact of the acquisition itselfon rate base.
20 Id.
21 Id.
22 /d. at 3.
STORAGE NAME: h0207d.COM.DOCX                                                                                                PAGE: 5
DATE: 2/24/2020
                                                      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 the PSC to adopt implementing rules.

       C. DRAFTING ISSUES OR OTHER COMMENTS:
            Appraisals

             The bill does not specify who may choose the two appraisers used to determine a utility system's fair
             market value. The bill could be clarified on this point.

            The PSC notes that it has no expertise in property appraisal and suggests that an agency with such
            expertise may be a more appropriate choice to establish the list of approved appraisers required by the
            bill. 23

            While the bill does not specify who may choose the two appraisers, the bill provides that one appraiser
            will represent and be paid by the acquiring utility and the other appraiser will represent and be paid by
            the utility system being acquired. Thus, it appears that one appraiser effectively works for the buyer
            and the other effectively works for the seller. Under the bill, both parties stand to benefit from a higher
            valuation of the utility system to be acquired: the seller's proceeds would be higher, and the buyer
            would ultimately be authorized to earn a return on a higher rate base. This may create a perverse
            incentive for the appraisals to come in higher than they might otherwise.

             Other Drafting Issues

             Under the bill, the acquiring utility and the utility system being acquired must jointly retain a licensed
             engineer to assess the tangible assets of the system being acquired. The bill does not specify what
             type of information this assessment should include. This may be clarified through implementing rules.

            The bill specifies that it applies only to "acquiring utilities that provide water and wastewater services to
            more than 10,000 customers and are engaged in a voluntary and mutually agreeable acquisition of a
            water and wastewater system." A strict reading of this provision makes the bill applicable only to
            utilities that offer both water and wastewater services to more than 10,000 customers. If the intent is to
            make the bill applicable to utilities that offer either water or wastewater services to more than 10,000
            customers, this provision could be clarified. Further, a strict reading of this provision makes the bill
            apply only to the acquisition of a water and wastewater system. Because water and wastewater
            systems are usually separate systems, this provision could be clarified to specify that it applies to
            acquisition of a water system and to acquisition of a wastewater system.


                               IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
       None.


23
     Id. at 4.
STORAGE NAME: h0207d.COM.DOCX                                                                                      PAGE: 6
DATE: 2/24/2020
FLORIDA                       H    O   U   S   E     0     F      REPRESENTATIVES




        HB 207                                                                  2020




 1                                         A bill to be entitled
 2               An act relating to acquisition of water and wastewater
 3               systems; creating s. 367.0712, F.S.; authorizing
 4               certain water and wastewater utilities to establish a
 5               rate base value by using the fair market value when
 6               acquiring a utility system; establishing a procedure
 7               to determine the fair market value; requiring the rate
 8               base value to be reflected in the acquiring utility's
 9               next rate case for ratemaking purposes; specifying the
10               contents required for an application to the Public
11               Service Commission for approval of the rate base value
12               of the utility system; specifying duties of the
13               commission regarding applications; specifying the
14               commission's retained authority; providing
15               applicability; requiring the commission to adopt
16               rules; providing an effective date.
17
18      Be It Enacted by the Legislature of the State of Florida:
19
20               Section 1.        Section 367.0712, Florida Statutes, is created
21      to read:
22               367.0712         Determination of value.-
23               (1)    When a utility acquires an existing utility system,
24      the utility may establish a rate base value of the acquired
25      utility system by using the fair market value of the utility

                                                         Page 1 of 4

     CODING: Words strioken are deletions; words underlined are additions.
                                                                               hb0207-00
FLORIDA                       H   O   U   S   E      0     F      REPRESENTATIVES




        HB 207                                                                            2020




26      system instead of the system's original cost.
27               (2) (a)     The fair market value of a utility system to be
28      acquired must be based on appraisals conducted by two licensed
29      appraisers chosen from a list established by the commission.
30               1.    One appraiser shall represent and be paid by the
31      acquiring utility and one appraiser shall represent and be paid
32      by the utility system being acquired.
33               2.    Each appraiser shall determine the fair market value
34      using the Uniform Standards of Professional Appraisal Practice,
35      employing cost, market, and income approaches in assessing the
36      value.
37               3.    For ratemaking purposes, the fair market value is the
38      average of the two appraisals.
39               4.    The original source of funding for the utility system
40      being acquired is not relevant to an evaluation of fair market
41      value.
42               (b)    The acquiring utility and utility system being
43      acquired shall jointly retain a licensed engineer to conduct an
44      assessment of the tangible assets of the utility system and the
45      assessment shall be used by the two appraisers in determining
46      the fair market value of the system.
47               (c)    The acquiring utility may include in the cost of the
48      acquired utility system:
49               1.    Reasonable fees paid to the appraisers,               if approved by
50      the commission.

                                                         Page 2 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                         hb0207-00
FLORIDA                       H   O   U   S   E      0     F      R E P R E S E N T A T I V E S




        HB 207                                                                          2020




51               2.     Reasonable transaction and closing costs incurred by
52      the acquiring utility.
53               (d)     The rate base value of the acquired utility system,
54      which must be reflected in the acquiring utility's next general
55      rate case for ratemaking purposes, is equal to the lesser of the
56      purchase price negotiated between the parties to the sale or the
57      fair market value, and the fees and costs authorized in
58      paragraph (c).
59               (3)    An application to the commission for approval of the
60      rate base value of the utility system to be acquired must
61      contain the following:
62               (a)     Copies of the appraisals performed by the appraisers
63      pursuant to paragraph ( 2) (a) .
64               (b)     Each deficiency identified by the engineering
65      assessment conducted pursuant to paragraph (2) (b) and a 3-year
66      plan for prudent and necessary infrastructure improvements.
67               (c)     The projected rate impact for the selling utility's
68      customers for the next 5 years.
69               (d)     The average of the appraisals, which shall constitute
70      the fair market value of the system.
71               ( e)    The assessment of tangible assets pursuant to ( 2) (b) .
72               (f)     The contract of sale.
73               (g)     The estimated value of fees and transaction and
74      closing costs to be incurred by the acquiring utility.
75               (h)     A tariff, including rates equal to the rates of the

                                                         Page 3 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0207-00
FLORIDA                       H   O   U   S   E      0     F      R E P R E S E N T A T I V E S



        HB 207                                                                          2020




76      selling utility.
77               ( 4)   If the application complies with the requirements of
78      subsection (3), the commission shall issue a final order
79      approving or denying the application within 6 months after the
80      date on which the application was filed. An order approving an
81      application shall determine the rate base value of the acquired
82      utility system for ratemaking purposes in a manner consistent
83      with this section.
84               (5)    Notwithstanding any provision in this section, the
85      commission retains its authority under this chapter to set rates
86      for the acquired utility system in future rate cases and may
87      classify the acquired utility system as a separate entity for
88      ratemaking purposes, consistent with the public interest.
89               (6)    This section applies to acquiring utilities that
90      provide water and wastewater services to more than 10,000
91      customers and are engaged in a voluntary and mutually agreeable
92      acquisition of a water and wastewater system.
93               (7)    The commission shall adopt rules to implement this
94      section.
95               Section 2.        This act shall take effect July 1, 2020.




                                                         Page 4 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0207-00
                            COMMERCE COMMITTEE

                        HB 207 by Rep. McClain
               ACQUISITION OF WATER AND WASTEWATER

                             AMENDMENT SUMMARY
                               February 27, 2020


Amendment 1 by Rep. McClain (Strike-all, #763713)

   •   Reorganizes and streamlines existing provisions of the bill.
   •   Clarifies ambiguous language concerning applicability of the bill.
   •   Specifies the Public Service Commission's discretion to establish rate base
       consistent with the public interest.
   •   Requires consideration of potential cost efficiencies when projecting the rate
       impacts associated with a utility acquisition.
   •   Extends the Commission's review period to 8 months.
   •   Clarifies that the bill applies to arms-length acquisitions of both investor-owned
       utility systems and government owned or operated systems.
   •   Allows an intergovernmental utility authority to acquire a water or wastewater
       system that was previously acquired through eminent domain if at least 10 years
       have passed since that system was acquired by eminent domain.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 207     (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 McClain offered the following:
 3

 4          Amendment (with title amendment)
 5             Remove everything after the enacting clause and insert:
 6             Section 1.    Paragraph (g) of subsection (7) of section
 7     163.01, Florida Statutes, is amended to read:
 8             163.01    Florida Interlocal Cooperation Act of 1969.-
 9             ( 7)

10             (g)l.    Notwithstanding any other provisions of this
11     section, any separate legal entity created under this section,
12     the membership of which is limited to municipalities and
13     counties of the state, and which may include a special district
14     in addition to a municipality or county or both, may acquire,
15     own, construct, improve, operate, and manage public facilities,
16     or finance facilities on behalf of any person, relating to a
     763713 - h0207-strike.docx
      Published On: 2/26/2020 5:51:33 PM
                                      Page 1 of 13
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 207   (2020)
       Amendment No. 1



17     governmental function or purpose, including, but not limited to,
18     wastewater facilities, water or alternative water supply
19     facilities,   and water reuse facilities, which may serve
20     populations within or outside of the members of the entity.
21     Notwithstanding s. 367.171(7), any separate legal entity created
22     under this paragraph is not subject to Public Service Commission
23     jurisdiction. The separate legal entity may not provide utility
24     services within the service area of an existing utility system
25     unless it has received the consent of the utility.
26          2.   For purposes of this paragraph, the term:
27          a.   "Host government" means the governing body of the
28     county, if the largest number of equivalent residential
29     connections currently served by a system of the utility is
30     located in the unincorporated area, or the governing body of a
31     municipality, if the largest number of equivalent residential
32     connections currently served by a system of the utility is
33     located within that municipality's boundaries.
34          b.   "Separate legal entity" means any entity created by
35     interlocal agreement the membership of which is limited to two
36     or more special districts, municipalities, or counties of the
37     state, but which entity is legally separate and apart from any
38     of its member governments.
39          c.   "System" means a water or wastewater facility or group
40     of such facilities owned by one entity or affiliate entities.


     763713 - h0207-strike.docx
      Published On: 2/26/2020 5:51:33 PM
                                    Page 2 of 13
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 207     (2020)
       Amendment No. 1



41          d.     "Utility" means· a water or wastewater utility and
42     includes every person, separate legal entity, lessee, trustee,
43     or receiver owning, operating, managing, or controlling a
44     system, or proposing construction of a system, who is providing,
45     or proposes to provide, water or wastewater service to the
46     public for compensation.
47          3.     A separate legal entity that seeks to acquire any
48     utility shall notify the host government in writing by certified
49     mail about the contemplated acquisition not less than 30 days
50     before any proposed transfer of ownership, use, or possession of
51     any utility assets by such separate legal entity. The potential
52     acquisition notice shall be provided to the legislative head of
53     the governing body of the host government and to its chief
54     administrative officer and shall provide the name and address of
55     a contact person for the separate legal entity and information
56     identified ins. 367.071(4) (a) concerning the contemplated
57     acquisition.
58          4.a.     Within 30 days following receipt of the notice, the
59     host government may adopt a resolution to become a member of the
60     separate legal entity, adopt a resolution to approve the utility
61     acquisition, or adopt a resolution to prohibit the utility
62     acquisition by the separate legal entity if the host government
63     determines that the proposed acquisition is not in the public
64     interest. A resolution adopted by the host government which


     763713 - h0207-strike.docx
      Published On: 2/26/2020 5:51:33 PM
                                    Page 3 of 13
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 207   ( 2020)
       Amendment No. 1



65     prohibits the acquisition may include conditions that would make
66     the proposal acceptable to the host government.
67          b.   If a host government adopts a membership resolution,
68     the separate legal entity shall accept the host government as a
69     member on the same basis as its existing members before any
70     transfer of ownership, use, or possession of the utility or the
71     utility facilities.   If a host government adopts a resolution to
72     approve the utility acquisition, the separate legal entity may
73     complete the acquisition. If a host government adopts a
74     prohibition resolution, the separate legal entity may not
75     acquire the utility within that host government's territory
76     without the specific consent of the host government by future
77     resolution. If a host government does not adopt a prohibition
78     resolution or an approval resolution, the separate legal entity
79     may proceed to acquire the utility after the 30-day notice
80     period without further notice.
81          5.   After the acquisition or construction of any utility
82     systems by a separate legal entity created under this paragraph,
83     revenues or any other income may not be transferred or paid to a
84     member of a separate legal entity, or to any other special
85     district, county, or municipality, from user fees or other
86     charges or revenues generated from customers that are not
87     physically located within the jurisdictional or service delivery
88     boundaries of the member, special district, county, or
89     municipality receiving the transfer or payment. Any transfer or
     763713 - h0207-strike.docx
      Published On: 2/26/2020 5:51:33 PM
                                   Page 4 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 207    (2020)
        Amendment No. 1



 90     payment to a member, special district, or other local government
 91     must be solely from user fees or other charges or revenues
 92     generated from customers that are physically located within the
 93     jurisdictional or service delivery boundaries of the member,
 94     special district, or local government receiving the transfer of
 95     payment.
 96          6.    This section is an alternative provision otherwise
 97     provided by law as authorized ins. 4, Art. VIII of the State
 98     Constitution for any transfer of power as a result of an
 99     acquisition of a utility by a separate legal entity from a
100     municipality, county, or special district.
101          7.    The entity may finance or refinance the acquisition,
102     construction, expansion, and improvement of such facilities
103     relating to a governmental function or purpose through the
104     issuance of its bonds, notes, or other obligations under this
105     section or as otherwise authorized by law. The entity has all
106     the powers provided by the interlocal agreement under which it
107     is created or which are necessary to finance, own, operate, or
108     manage the public facility,    including, without limitation, the
109     power to establish rates, charges, and fees for products or
110     services provided by it, the power to levy special assessments,
111     the power to sell or finance all or a portion of such facility,
112     and the power to contract with a public or private entity to
113     manage and operate such facilities or to provide or receive
114     facilities,   services, or products. Except as may be limited by

      763713 - h0207-strike.docx
       Published On: 2/26/2020 5:51:33 PM
                                      Page 5 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 207   (2020)
        Amendment No. 1



115     the interlocal agreement under which the entity is created, all
116     of the privileges, benefits, powers, and terms of s. 125.01,
117     relating to counties, ands. 166.021, relating to
118     municipalities, are fully applicable to the entity. However,
119     neither the entity nor any of its members on behalf of the
120     entity may exercise the power of eminent domain over the
121     facilities or property of any existing water or wastewater plant
122     utility system, nor may the entity acquire title to any water or
123     wastewater plant utility facilities, other facilities, or
124     property which was acquired by the use of eminent domain after
125     the effective date of this act unless 10 or more years have
126     elapsed since the date of the acquisition by eminent domain.
127     Bonds, notes, and other obligations issued by the entity are
128     issued on behalf of the public agencies that are members of the
129     entity.
130          8.   Any entity created under this section may also issue
131     bond anticipation notes in connection with the authorization,
132     issuance, and sale of bonds. The bonds may be issued as serial
133     bonds or as term bonds or both. Any entity may issue capital
134     appreciation bonds or variable rate bonds. Any bonds, notes, or
135     other obligations must be authorized by resolution of the
136     governing body of the entity and bear the date or dates; mature
137     at the time or times, not exceeding 40 years from their
138     respective dates; bear interest at the rate or rates; be payable
139     at the time or times; be in the denomination; be in the form;
      763713 - h0207-strike.docx
       Published On: 2/26/2020 5:51:33 PM
                                   Page 6 of 13
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 207   ( 2020)
         Amendment No. 1



140      carry the registration privileges; be executed in the manner; be
141      payable from the sources and in the medium or payment and at the
142      place; and be subject to the terms of redemption, including
143      redemption prior to maturity, as the resolution may provide. If
144      any officer whose signature, or a facsimile of whose signature,
145      appears on any bonds, notes, or other obligations ceases to be
146      an officer before the delivery of the bonds, notes, or other
147      obligations, the signature or facsimile is valid and sufficient
148      for all purposes as if he or she had remained in office until
14 9     the delivery. The bonds, notes, or other obligations may be sold
150      at public or private sale for such price as the governing body
151      of the entity shall determine. Pending preparation of the
152      definitive bonds, the entity may issue interim certificates,
153      which shall be exchanged for the definitive bonds. The bonds may
154      be secured by a form of credit enhancement, if any, as the
155      entity deems appropriate. The bonds may be secured by an
156      indenture of trust or trust agreement. In addition, the
157      governing body of the legal entity may delegate, to an officer,
158      official, or agent of the legal entity as the governing body of
159      the legal entity may select, the power to determine the time;
160      manner of sale, public or private; maturities; rate of interest,
161      which may be fixed or may vary at the time and in accordance
162      with a specified formula or method of determination; and other
163      terms and conditions as may be deemed appropriate by the
164      officer, official, or agent so designated by the governing body
       763713 - h0207-strike.docx
        Published On: 2/26/2020 5:51:33 PM
                                    Page 7 of 13
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 207   ( 2020)
         Amendment No. 1



165      of the legal entity. However, the amount and maturity of the
166      bonds, notes, or other obligations and the interest rate of the
167      bonds, notes, or other obligations must be within the limits
168      prescribed by the governing body of the legal entity and its
169      resolution delegating to an officer, official, or agent the
170      power to authorize the issuance and sale of the bonds, notes, or
171      other obligations.
172           9.    Bonds, notes, or other obligations issued under this
173      paragraph may be validated as provided in chapter 75. The
174      complaint in any action to validate the bonds, notes, or other
175      obligations must be filed only in the Circuit Court for Leon
17 6     County. The notice required to be published bys. 75.06 must be
177      published in Leon County and in each county that is a member of
178      the entity issuing the bonds, notes, or other obligations, or in
179      which a member of the entity is located, and the complaint and
180      order of the circuit court must be served only on the State
181      Attorney of the Second Judicial Circuit and on the state
182      attorney of each circuit in each county that is a member of the
183      entity issuing the bonds, notes, or other obligations or in
184      which a member of the entity is located. Section 75.04(2) does
185      not apply to a complaint for validation brought by the legal
186      entity.
187           10.   The accomplishment of the authorized purposes of a
188      legal entity created under this paragraph is in all respects for
189      the benefit of the people of the state, for the increase of

       763713 - h0207-strike.docx
        Published On: 2/26/2020 5:51:33 PM
                                     Page 8 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 207   ( 2020)
        Amendment No. 1



190     their commerce and prosperity, and for the improvement of their
191     health and living conditions. Since the legal entity will
192     perform essential governmental functions for the public health,
193     safety, and welfare in accomplishing its purposes, the legal
194     entity is not required to pay any taxes or assessments of any
195     kind whatsoever upon any property acquired or used by it for
196     such purposes or upon any revenues at any time received by it,
197     whether the property is within or outside the jurisdiction of
198     members of the entity. The exemption provided in this paragraph
199     applies regardless of whether the separate legal entity enters
200     into agreements with private firms or entities to manage,
201     operate, or improve the utilities owned by the separate legal
202     entity. The bonds, notes, and other obligations of an entity,
203     their transfer, and the income therefrom, including any profits
204     made on the sale thereof, are at all times free from taxation of
205     any kind by the state or by any political subdivision or other
206     agency or instrumentality thereof. The exemption granted in this
207     subparagraph is not applicable to any tax imposed by chapter 220
208     on interest, income, or profits on debt obligations owned by
209     corporations.
210          Section 2.     Section 367.0712, Florida Statutes, is created
211     to read:
212          367.0712     Alternative process to establish rate base value
213     of acquired system.-


      763713 - h0207-strike.docx
       Published On: 2/26/2020 5:51:33 PM
                                     Page 9 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 207     (2020)
        Amendment No. 1



214          (1) (a)   When a utility acquires an existing utility system,
215     including a system described in subsection (2) of s. 367.022,
216     the utility may petition the commission to establish a rate base
217     value for the utility system being acquired that is determined
218     using the valuation process described in this section instead of
219     the system's original cost. If the petition meets the filing
220     requirements of subsection (3), the commission, no later than 8
221     months after the date the complete petition is filed,    shall
222     issue a final order on the petition. The commission may grant
223     the petition, in whole or in part or with modifications in the
224     public interest, or may deny the petition if in the public
225     interest. The commission may not approve a rate base value
226     higher than that requested in the petition.
227          (b)   The rate base value established by the commission
228     under this section shall be used for ratemaking purposes in the
229     acquiring utility's next general rate case. The rate base value
230     may not exceed the lesser of the purchase price negotiated
231     between the parties to the acquisition transaction or the
232     average of the two appraisals conducted under subsection (2),
233     except that it may also include reasonable transaction and
234     closing costs incurred by the acquiring utility and reasonable
235     fees paid to the appraisers.
236          (2) (a)   For purposes of this section, the utility system
237     being acquired must be appraised by two licensed appraisers
238     chosen from a list established by the commission. One appraiser
      763713 - h0207-strike.docx
       Published On: 2/26/2020 5:51:33 PM
                                    Page 10 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 207   (2020)
        Amendment No. 1



239     shall be chosen and paid by the acquiring utility, and one
240     appraiser shall be chosen and paid by the utility system being
241     acquired. Each appraiser shall provide an appraisal of the value
242     of the utility system being acquired consistent with the Uniform
243     Standards of Professional Appraisal Practice.
244          (b)     The acquiring utility and the utility system being
245     acquired shall jointly retain a licensed engineer to conduct an
246     assessment of the tangible assets of the utility system being
247     acquired, and the assessment shall be provided to the two
248     appraisers for use in determining the value of the system.
249          (3)     A petition filed under this section to establish the
250     rate base value for a utility system being acquired must contain
251     the following:
252          (a)     The requested rate base value for the utility system
253     being acquired.
254          (b)     Copies of the appraisals required by this section,
255     including the average of the valuations produced by each
256     appraisal.
257          (c)     A copy of the assessment of tangible assets required
258     by this section.
259          (d)     A 3-year plan to address each deficiency identified by
260     the assessment of tangible assets required by this section. The
261     plan must address impact on quality of service and address any
262     planned improvements to water quality.


      763713 - h0207-strike.docx
       Published On: 2/26/2020 5:51:33 PM
                                     Page 11 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 207   (2020)
        Amendment No. 1



263          (e}   The 5-year projected rate impact on the customers of
264     the utility system being acquired, including, but not limited
265     to, the rate impact of the following:
266          (i)   Any cost efficiencies expected to result from the
267     transaction; and
268          (ii) Use of this section, in lieu of the original cost
269     method, to establish rate base.
270          (f)   The contract of sale.
271          (g)   The estimated value of fees and transaction and
272     closing costs to be incurred by the acquiring utility.
273          (h)   A tariff, including rates equal to the rates of the
274     utility system being acquired.
275          (4)   Notwithstanding any provision in this section, the
276     commission retains its authority under this chapter to set rates
277     for the acquired utility system in future rate cases and may
278     classify the acquired utility system as a separate entity for
279     ratemaking purposes, as it deems to be in the public interest.
280          (5)   This section applies to acquiring utilities that
281     provide water service, wastewater service, or both to more than
282     10,000 customers and are engaged in an arms-length acquisition
283     of a water system, wastewater system, or both types of systems.
284          (6)   The commission shall adopt rules to implement this
285     section.
286          Section 3.    This act shall take effect July 1, 2020.
287

      763713 - h0207-strike.docx
       Published On: 2/26/2020 5:51:33 PM
                                    Page 12 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 207   (2020)
        Amendment No. 1



288
289                       T I T L E   A ME N D ME N T
290          Remove everything before the enacting clause and insert:
291     An act relating to acquisition of water and wastewater systems;
292     amending s. 163.01, F.S.; providing a condition under which
293     certain entities may acquire title to any water or wastewater
294     plant utility facilities, other facilities, or property, that
295     were previously acquired by eminent domain; creating s.
296     367.0712, F.S.; establishing an alternative method by which the
297     Public Service Commission, upon petition by certain water and
298     wastewater utilities, may establish the rate base value for an
299     acquired utility system; specifying duties of the commission
300     regarding petitions and providing a standard of review;
301     requiring the approved rate base value to be reflected in the
302     acquiring utility's next rate case for ratemaking purposes;
303     establishing a procedure for appraisal of the acquired utility
304     system; specifying the contents required for a petition to the
305     Public Service Commission for approval of the rate base value of
306     the acquired utility system; specifying the commission's
307     retained authority; providing applicability; requiring the
308     commission to adopt rules; providing an effective date.




      763713 - h0207-strike.docx
       Published On: 2/26/2020 5:51:33 PM
                                   Page 13 of 13
(")

-
CJ)
::c
m
N
U)
en
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 295     Construction Defects
SPONSOR(S): Civil Justice Subcommittee, Santiago
TIED BILLS:        IDEN./SIM. BILLS:     SB 1488

  REFERENCE                                                         ACTION                 ANALYST                STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Civil Justice Subcommittee                                     9 Y, 4 N, As CS        Mawn                   Luczynski

  2) Commerce Committee                                                                    Brackett   D           Hamon

  3) Judiciary Committee


                                                         SUMMARY ANALYSIS
A "construction defect" is a deficiency in, or a deficiency arising out of, the design, specifications, surveying,
planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real
property ("property"). A property owner, including a subsequent purchaser or a community association
("claimant"), may bring a civil action alleging a construction defect claim against the person or party
responsible for the construction defect ("respondent") in a court of competent jurisdiction. A claimant must
bring such an action within four years after project completion or, in the case of a latent defect, within ten years
of the later of certain statutorily-specified events.

However, at least 60 days before a claimant may bring a construction defect claim in court, or at least 120 days
before bringing such a claim if it involves an association representing more than 20 parcels, the claimant must
serve written notice of the claim on the respondent. The respondent then has the right to inspect the allegedly
defective property, to serve a copy of the notice of claim on any person the respondent believes is responsible
for the alleged defect ("secondary respondent"}, and to respond with a written settlement offer or to dispute the
claim. A settlement offer may include defect repair, monetary payment, or a combination of repairs and
monetary payment. If the respondent disputes the claim, or makes an offer to repair or for monetary payment
but does not timely follow through, the claimant may bring the claim in court without further notice.

CS/HB 295:
   • Creates real estate disclosure requirements relating to construction defect claims for sellers of real
      property, real estate agents, and brokers.
   • Provides that a claimant must attempt to resolve a construction defect claim under any applicable
      warranty before filing a notice of claim relating to the defect.
   • Increases the specificity of detail a claimant must provide in the notice of claim.
   • Requires a claimant to affirm the claimant's personal knowledge of the alleged defect, acknowledge
      that the claimant is aware of the real estate disclosure obligation and penalties for perjury, and sign the
      notice of claim under penalty of perjury.
   • Requires a special verdict form for all construction defect litigation.
   • Provides for notice of a construction defect settlement or judgment to a mortgagee or assignee under
      specified circumstances.

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

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




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0295b.COM.D0CX
DATE: 2/23/2020
                                                        FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         A "construction defect" is a deficiency in, or a deficiency arising out of, the design, specifications,
         surveying, planning, supervision, observation of construction, or construction, repair, alteration, or
         remodeling of real property 1 ("property") resulting from:
             • Defective material, products, or components used in the construction or remodeling;
             • A violation of the Florida Building Code; 2
             • A failure of real property's design to meet the applicable professional standards of care at the
                time of governmental approval; or
             • A failure to construct or remodel real property in accordance with accepted trade standards for
                good and workmanlike construction at the time of construction. 3

         A property owner, including a subsequent purchaser or a community association 4 ("claimant"), may
         bring a civil action alleging a construction defect claim against the contractor, subcontractor, supplier, or
         design professional responsible for the construction defect ("respondent") in a court of competent
         jurisdiction. A claimant must bring such an action within four years after project completion or, if the
         case of a latent defect, 5 within ten years after the date of the later of:
              • Actual possession by the owner;
              • The issuance of a certificate of occupancy;
              • Abandonment of construction if not completed; or
              • Completion or termination of the contract between the professional engineer, registered
                  architect, or licensed contractor and his or her employer. 6

         Notice of Claim

         To reduce the need for litigation, Florida law requires a claimant to serve written notice of claim on the
         respondent at least 60 days before the claimant may bring a construction defect claim in court, or at
         least 120 days before bringing such a claim if it involves an association representing more than 20
         parcels. 7 The notice of claim must describe in reasonable detail the alleged defect's nature and, if
         known, the damage or loss caused by the defect. 8 The notice of claim must also identify the alleged
         defect's location with enough detail to allow the respondent to easily locate the defect. 9

         Within 10 days after service of the notice of claim, or within 30 days after service if the claim involves
         an association representing more than 20 parcels, the respondent may serve a copy of the notice of
         claim ("notice copy") to each contractor, subcontractor, supplier, or design professional the respondent

1
  "Real property" means land that is improved and the improvements on such land, including fixtures, manufactured housing, or mobile
homes. S. 558.002(8), F.S.
2
  Any person or party damaged as a result of a Florida Building Code violation has a cause of action against the person or party who
committed the violation, but if the person or party obtained the required building permit, any local government or public agency
authorized to enforce the Florida Building Code approves the plans, the construction project passes all required inspections, and if
there is no personal injury or damage to other property, there is no cause of action unless the person or party knew or should have
known that the violation existed. S. 553.84, F.S.
3
  S. 558.002(5), F.S.
4
  S. 558.002(2), F.S. "Association" has the same meaning as in sections 718.103(2) (Condominium association), 719.301(9)
(Cooperative association), 720.301 (9) (Homeowners' association) and 723.075, F .S. (Mobile home park homeowners' association).
5
  A "latent defect" is a hidden or concealed defect that could not be discovered by reasonable and customary observation or inspection
made with ordinary care. Blacks Law Dictionary 611 (6th ed. 1996).
6
  S. 95.11 (3)(c), F.S.
7
  Ss. 558.001 and 558.004(1)(a), F.S.
8 S. 558.004(1)(b), F.S.

9 fd.
STORAGE NAME: h0295b.COM.D0CX                                                                                                  PAGE: 2
DATE: 2/23/2020
         reasonably believes is responsible for each defect specified in the notice ("secondary respondent") and
         must note the specific defect for which he or she believes each secondary respondent is responsible. 10

         Inspection and Testing

         Within 30 days after service of the notice of claim, or within 50 days after service if the claim involves
         an association representing more than 20 parcels, the respondent has a right to perform a reasonable
         inspection of the property to assess each alleged defect and the extent of any repairs or replacements
         necessary. 11 The claimant must provide the respondent reasonable access to the property during
         normal working hours, and the respondent must reasonably coordinate the timing and manner of the
         inspections with the claimant to minimize the number of inspections. 12 Each secondary respondent is
         entitled to inspect the property in the same manner as the respondent. 13

         If the respondent determines that destructive testing is necessary to reveal the alleged defect's nature
         and cause, the respondent must give the claimant written notice describing the destructive testing to be
         performed, the person chosen to do the testing, the estimated amount of time needed for testing and
         repairs, and the money offered for repair costs. 14 If the claimant objects to the person chosen to
         perform the testing, the respondent must provide the claimant with a list of three qualified persons from
         which the claimant may choose one person to perform the testing. 15 Any destructive testing must be
         done at a mutually agreeable time, must not make the property uninhabitable, and does not give the
         party performing the destructive testing or associated repairs construction lien 16 rights unless the
         claimant personally contracts with such party. 17 Additionally, the claimant has a right to observe the
         destructive testing. 18 However, if the claimant refuses to agree to and subsequently allow reasonable
         destructive testing, the claimant loses the right to claim damages which could have been avoided or
         mitigated had destructive testing been done when requested and a remedy properly executed. 19

         Settlement Offers

         Within 15 days after service of a notice copy, or within 30 days of service if the claim involves an
         association with more than 20 parcels, the secondary respondent must give the respondent a written
         reply. 20 Such reply must include a report, if any, of the scope of any property inspections conducted by
         the secondary respondent and the findings and results of such inspections. 21 Additionally, within 45
         days of service of the notice of claim, or within 75 days of service if the claim involves an association
         representing more than 20 parcels, the respondent must give the claimant a written reply. 22 Such
         replies must include a written:
             • Offer to remedy the alleged defect at no cost to the claimant, a detailed description of proposed
                   repairs, and a timetable for repair completion;
             • Offer to compromise and settle the claim by monetary payment and a timetable for making
                   payment;
             • Offer to compromise and settle the claim by a combination of repairs and monetary payment
                  that includes a detailed description of proposed repairs and a timetable for repair completion
                   and monetary payment;

10 S. 558.004(3), F.S.
11 S. 558.004(2), F.S.
12 Jd.
13 S. 558.004(3), F.S.
14 S. 558.004(2)(a) and (b), F.S.
15
   S. 558.004(2)
16
   Under Part I of chapter 713, F .S., a contractor, subcontractor, material supplier, laborer or a professional (such as an architect or
landscape artist) may claim a lien on a property on or for which such person performed work or provided materials even where such
person does not have a direct contract with the property owner.
17
   S. 558.004(2)(d), (f), and (g), F.S.
1a S. 558.004(2)(e), F.S.
19 S. 558.004(2)(9), F.S.
20 S. 558.004(4), F.S.
21 Id.
22 S. 558.004(5), F.S.
STORAGE NAME: h0295b.COM.D0CX                                                                                                        PAGE: 3
DATE: 2/23/2020
              •   Statement that the person disputes the claim and will not remedy the alleged defect or
                  compromise and settle the claim; or
              •   Statement that a monetary payment will be determined by the person's insurer within 30 days
                  after notification to the insurer. 23

         A claimant who receives a timely settlement offer must accept or reject the offer by serving written
         notice of such acceptance or rejection on the respondent within 45 days after receiving the offer. 24
         However, a claimant may, without further notice, bring an action against the respondent if the
         respondent disputes the claim and will not remedy the alleged defect or compromise and settle the
         claim, or does not timely respond to the notice of claim. 25

         If the claimant timely and properly accepts a repair offer, the claimant must give the respondent
         reasonable access to the property during normal working hours to perform the repairs by the agreed-
         upon completion date. 26 If the respondent completes the repairs or makes payment within the agreed
         time and in the agreed manner, the claimant cannot bring an action for the claim described in the
         notice. 27 However, a claimant may, without further notice, bring an action against the respondent if the
         claimant timely and properly accepted a repair or payment offer, but the repairs or payment are not
         made within the agreed time and in the agreed manner. 28

         Special Verdicts

         A verdict is the final decision of the jury concerning those matters of fact which were submitted to it by
         the court for its determination. 29 A general verdict is the jury's final declaration as to the truth of the
         matter submitted to their determination and which is at issue, while a special verdict is one in which the
         jury, in a civil case, makes separate findings on the basis of the evidence presented. 30 While special
         verdicts are required in some jury trials, such as those involving comparative negligence, special
         verdicts are allowed, but not required, in construction defect claims. 31

         Real Estate Disclosures

         Where the seller of a home knows of facts materially affecting the property's value which are not readily
         observable to and are not known by the buyer, which may include latent construction defects, the seller
         must disclose such facts to the buyer. 32 A real estate agent and a broker must also disclose such facts
         when they are known to him or her. 33

         Notice to Mortgagee or Assignee

         A mortgage is any conveyance, obligation conditioned or defeasible, bill of sale or other instrument of
         writing conveying or selling property to secure the payment of money. 34 A mortgage gives the
         mortgagee or its assignee a specific lien on the property described in the mortgage but does not
         convey legal title or the right of possession to the property to the mortgagee or assignee. 35




23 S. 558.004(4) and (5), F.S.
24
   S. 558.004(7), F.S.
25
   S. 558.004(6), F.S.
2s S. 558.004(8), F.S.
27 Id.
26 Id.
29
   Fla. Jur. 2d Trial § 282.
3o Id.
31
   See Lawrence v. Florida East Coast Railway Co., 346 So. 2d 1012 (Fla. 3d DCA 1958); see also ch. 558, F.S.
32 Johnson v. Davis, 480 So. 2d 625 (Fla. 1985).
33 Johnson v. Davis, 480 So. 2d at 625.

34 S. 697.01(1), F.S.
35 S. 697.02, F.S.
STORAGE NAME: h0295b.COM.DOCX                                                                                   PAGE: 4
DATE: 2/23/2020
         Some mortgage contracts require the mortgagor to notify the mortgagee if the property is damaged.
         Additionally, many payments on a property insurance claim are made out to both the mortgagor and the
         mortgagee, giving the mortgagee notice of property damage even where such notice is not required by
         contract. However, if a claimant succeeds on a construction defect claim related to a property on which
         a mortgagee or its assignee has a security interest, Florida law does not require the claimant to notify
         the mortgagee or assignee of the defect.

         Effect of Proposed Changes

         Notice of Claim

         CS/HB 295 prohibits a claimant from filing a notice of claim unless the claimant has first submitted a
         claim for the alleged defect under any applicable warranty and the warranty provider has denied the
         claim or failed to offer a satisfactory remedy. The bill also provides that, in addition to information
         required under current law, a notice of claim must:
              • Describe the nature of the alleged defect and its location in specific detail.
              • Include any repair estimates or expert reports the claimant obtained relating to the alleged
                 defect and, if the alleged defect is visible, at least one photograph of such defect.
              • Affirm the claimant has personal knowledge of the alleged defect.
              • Acknowledge the claimant is aware of real estate disclosure obligations and perjury penalties.
              • Be signed by the claimant under penalty of perjury.

         Further, the bill requires a respondent to serve a notice copy on any secondary respondent, removing
         the respondent's discretion over whether to involve the secondary respondents.

         Inspection and Testing

         The bill expressly provides that a respondent must reasonably coordinate the timing of any property
         inspections with the claimant and any secondary respondents to minimize the number of inspections.
         The bill also requires a claimant to give a secondary respondent reasonable access to the property for
         defect inspections.

         Special Verdicts

         The bill requires both a jury verdict and a final judgment36 issued in a construction defect claim to
         include a detailed description of the nature of the defect and the monetary amount awarded against
         each party separately as well as the monetary amount of the judgment attributable to:
             • Repairing or replacing the party's defective work.
             • Repairing or replacing other non-defective property damaged by the defective work.
             • Other damages awarded against the party.

         Real Estate Disclosures

         The bill requires the seller of real property to disclosure to a buyer, in a written disclosure statement set
         forth in the sale contract or a separate writing:
             • Whether the seller, or an association acting on the seller's behalf, made a construction defect
                  claim relating to the real property subject to the sale contract;
             • The specific nature of the defect alleged;
             • The claim's outcome; and
             • Whether the defect was repaired, and if so, a repair description.


36 A final judgment is the last decision from a court that resolves all issues in dispute and settles the parties' rights with respect to those

issues. A final judgment leaves nothing except decisions on how to enforce the judgment, whether to award costs, and whether to file
an appeal. Legal Information Institute, Final Judgment, https://www.law.cornell.edu/wex/final judgment (last visited Jan. 31, 2020).
STORAGE NAME: h0295b.COM.DOCX                                                                                                          PAGE: 5
DATE: 2/23/2020
       Further, the bill requires a real estate agent or broker to disclose, if known, whether the seller or an
       association acting on the seller's behalf made a construction defect claim relating to the property
       subject to the sale contract, the outcome of the claim, and what, if any, repairs were made. These
       provisions ensure a prospective buyer has notice of any unrepaired construction defects prior to
       purchasing a property.

       Notice to Mortgagee or Assignee

       The bill provides that, if a construction defect claim results in a monetary settlement or judgment in the
       claimant's favor, and a mortgagee or assignee has a security interest in the real property related to the
       claim, the claimant must, within 90 days of the claim's resolution, send written notice to the mortgagee
       or assignee of:
            • The specific nature of the defect;
            • The claim's outcome, including the amount of any monetary settlement reached or judgment
                awarded; and
            • Whether the defect was repaired and a repair description or, if repairs have not begun, the
                anticipated repair start date.

       If defect repairs are completed after the claimant sends such notice, the bill requires the claimant to
       supplement the notice within 30 days of repair completion. This ensures that the mortgagee or
       assignee has knowledge of property defects which may decrease the value of property in which it has a
       security interest.

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

   B. SECTION DIRECTORY:
       Section 1: Amends s. 475.278, relating to authorized brokerage relationships; presumption of
                  transaction brokerage; required disclosures.
       Section 2: Amends s. 558.004, F.S., relating to notice and opportunity to repair.
       Section 3: Creates s. 558.0045, F.S., relating to construct defect litigation; special requirements.
       Section 4: Creates s. 558.006, F.S., relating to construction defect disclosure statement.
       Section 5. Creates s. 558.007, F.S., relating to notice to mortgagee or assignee.
       Section 6: 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.
STORAGE NAME: h0295b.COM.DOCX                                                                                 PAGE: 6
DATE: 2/23/2020
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may reduce fraudulent construction defect claims, resulting in savings for home builders and
       contractors which may then be passed on to consumers. The bill may also reduce litigation costs as
       legitimate claims are resolved through the warranty process or settled.

   D. FISCAL COMMENTS:
       None.

                                                Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to effect counties or municipalities.

       2. Other:
          None.

   8. RULE-MAKING AUTHORITY:
       None.

   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, as amended, and
   reported the bill favorably as a committee substitute. The strike-all:
      • Restored the authority of a condominium, cooperative, or homeowners' association to bring a
          construction defect claim.
      • Deleted provisions:
              o Requiring mandatory non-binding arbitration of construction defect claims.
              o Conditioning payment after a settlement or judgment on a construction defect claim on the
                   claimant entering into a repair contract.
              o Requiring the claimant to enter into a repair contract within a specified time.
              o Reducing the amount of any settlement or judgment to full contract price.
              o Increasing the response period after service of a copy of the notice of claim.
      • Created real estate disclosure requirements relating to construction defect claims for sellers of real
          property, real estate agents, and brokers.
      • Provided that a claimant must attempt to resolve a construction defect claim under any applicable
          warranty before filing a notice of claim relating to the defect.
      • Increased the specificity of detail a claimant must provide in the notice of claim.
      • Required a claimant to affirm the claimant's personal knowledge of the alleged defect, acknowledge
          that the claimant is aware of the real estate disclosure obligation and penalties for perjury, and sign
          the notice of claim under penalty of perjury.
      • Required a special verdict form for all construction defect litigation.
      • Provided for notice of a construction defect settlement or judgment to a mortgagee or assignee
          under specified circumstances.

    This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.



STORAGE NAME: h0295b.COM.DOCX                                                                             PAGE: 7
DATE: 2/23/2020
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 295                                                                       2020




 1                                         A bill to be entitled
 2              An act relating to construction defects; amending s.
 3              475.278; requiring specified real estate licensees to
 4              disclose a construction defect claim relating to
 5              residential real property and its outcome under
 6              specified circumstances; amending s. 558.004, F.S.;
 7              requiring a claimant to submit a construction defect
 8              claim to the warranty provider before serving a notice
 9              of claim; providing notice requirements; providing
10              that a person who willfully includes a false statement
11              in a notice commits perjury; authorizing a person
12              served with a copy of a notice to perform a reasonable
13              inspection of the property subject to the claim;
14              providing inspection requirements for claimants and
15              persons served with a copy of a notice; requiring,
16              instead of authorizing, a person served with a notice
17              to serve a copy of the notice to specified persons
18              under certain circumstances; making technical changes;
19              creating s. 558.0045; providing jury verdict and final
20              judgment requirements relating to a construction
21              defect claim; creating s. 558.006; requiring a seller
22              of real property to disclose specified information
23              relating to a construction defect to a buyer; creating
24              s. 558.007; requiring a claimant to notify a mortgagee
25              or assignee within a specified timeframe after a

                                                      Page 1 of 17

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                    hb0295-01-c1
FLORIDA                       H    O   U   S   E     0   F      REPRESENTATIVES




        CS/HB 295                                                                                   2020




26              settlement or judgment of a construction defect claim;
27              requiring a claimant to update the notice within a
28              specified timeframe under certain circumstances;
29              providing an effective date.
30
31      Be It Enacted by the Legislature of the State of Florida:
32
33              Section 1.          Paragraph (d) of subsection (2), paragraphs                    (a)
34      and (c}        of subsection (3), and paragraphs                     (a)   and (c) of
35      subsection (4)            of section 475.278,           Florida Statutes, are amended
36      to read:
37              475.278       Authorized brokerage relationships; presumption of
38      transaction brokerage; required disclosures.-
39               (2)    TRANSACTION BROKER RELATIONSHIP.-A transaction broker
40      provides a limited form of representation to a buyer, a seller,
41      or both in a real estate transaction but does not represent
42      either in a fiduciary capacity or as a single agent. The duties
43      of the real estate licensee in this limited form of
44      representation include the following:
45               (d}     Disclosing all known facts that materially affect the
46      value of residential real property and are not readily
47      observable to the buyer, including whether the seller or an
48      association acting on the seller's behalf has made a
49      construction defect claim under chapter 558 relating to the



                                                      Page 2 of 17

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                hb0295-01-c1
FLORIDA                       H   O   U   S   E      0    F     REPRESENTATIVES




        CS/HB 295                                                                                2020




50      property, the outcome of the claim, and what,                        if any,   repairs
51      were made;
52               (3)    SINGLE AGENT RELATIONSHIP.-
53               (a}    Single agent; duties.-The duties of a real estate
54      licensee owed to a buyer or seller who engages the real estate
55      licensee as a single agent include the following:
56              1.     Dealing honestly and fairly;
57              2.     Loyalty;
58              3.     Confidentiality;
59              4.     Obedience;
60              5.     Full disclosure;
61              6.     Accounting for all funds;
62              7.     Skill, care, and diligence in the transaction;
63              8.     Presenting all offers and counteroffers in a timely
64      manner, unless a party has previously directed the licensee
65      otherwise in writing; and
66              9.     Disclosing all known facts that materially affect the
67      value of residential real property and are not readily
68      observable,        including whether the seller or an association
69      acting on the seller's behalf has made a construction defect
70      claim under chapter 558 relating to the property, the outcome of
71      the claim, and what,              if any,        repairs were made.
72               (c)    Contents of disclosure.-




                                                      Page 3 of 17

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                            hb0295-01-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 295                                                                       2020




73              1.    Single agent duties disclosure.-The notice required
74      under subparagraph (b)l. must include the following information
75      in the following form:
76                                            SINGLE AGENT NOTICE
77      FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS
78      SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.
79              As a single agent,             ... (insert name of Real Estate Entity
80      and its Associates) ... owe to you the following duties:
81              1.     Dealing honestly and fairly;
82              2.    Loyalty;
83              3.    Confidentiality;
84              4.    Obedience;
85              5.     Full disclosure;
86              6.    Accounting for all funds;
87              7.    Skill, care, and diligence in the transaction;
88              8.     Presenting all offers and counteroffers in a timely
89      manner, unless a party has previously directed the licensee
90      otherwise in writing; and
91              9.    Disclosing all known facts that materially affect the
92      value of residential real property and are not readily
93      observable, including whether the seller or an association
94      acting on the seller's behalf has made a construction defect
95      claim under chapter 558 relating to the property, the outcome of
96      the claim, and what, if any, repairs were made.
97

                                                      Page 4 of 17

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                    hb0295-01-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 295                                                                        2020




          Date                                     Signature
 98
 99              2.    Transition disclosure.-To gain the principal's written
100      consent to a change in relationship, a licensee must use the
101      following disclosure:
102                                        CONSENT TO TRANSITION TO
103                                            TRANSACTION BROKER
104      FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER
105      OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT
106      RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER
107      FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE
108      TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO
109      BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP
110      CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.
111      As a transaction broker,                  ... (insert name of Real Estate Firm and
112      its Associates) ... , provides to you a limited form of
113      representation that includes the following duties:
114              1.     Dealing honestly and fairly;
115              2.    Accounting for all funds;
116              3.    Using skill, care, and diligence in the transaction;
117              4.    Disclosing all known facts that materially affect the
118      value of residential real property and are not readily
119      observable to the buyer, including whether the seller or an
120      association acting on the seller's behalf has made a

                                                       Page 5 of 17

      CODING: Words strioken are deletions; words underlined are additions.
                                                                                      hb0295-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 295                                                                      2020




121      construction defect claim under chapter 558 relating to the
122      property, the outcome of the claim, and what, if any,                repairs
123      were made;
124              5.     Presenting all offers and counteroffers in a timely
125      manner, unless a party has previously directed the licensee
126      otherwise in writing;
127              6.    Limited confidentiality, unless waived in writing by a
128      party. This limited confidentiality will prevent disclosure that
129      the seller will accept a price less than the asking or listed
130      price, that the buyer will pay a price greater than the price
131      submitted in a written offer, of the motivation of any party for
132      selling or buying property, that a seller or buyer will agree to
133      financing terms other than those offered, or of any other
134      information requested by a party to remain confidential; and
135              7.    Any additional duties that are entered into by this or
136      by separate written agreement.
137      Limited representation means that a buyer or seller is not
138      responsible for the acts of the licensee. Additionally, parties
139      are giving up their rights to the undivided loyalty of the
140      licensee. This aspect of limited representation allows a
141      licensee to facilitate a real estate transaction by assisting
142      both the buyer and the seller, but a licensee will not work to
143      represent one party to the detriment of the other party when
144      acting as a transaction broker to both parties.



                                                       Page 6 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                   hb0295-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 295                                                                            2020




145      ................ I agree that my agent may assume the role and
146      duties of a transaction broker.                      [must be initialed or signed]
147               (4)    NO BROKERAGE RELATIONSHIP.-
148               (a)    No brokerage relationship; duties.-A real estate
149      licensee owes to a potential seller or buyer with whom the
150      licensee has no brokerage relationship the following duties:
151              1.     Dealing honestly and fairly;
152              2.     Disclosing all known facts that materially affect the
153      value of the residential real property which are not readily
154      observable to the buyer, including whether the seller or an
155      association acting on the seller's behalf has made a
156      construction defect claim under chapter 558 relating to the
157      property, the outcome of the claim, and what, if any, repairs
158      were made; and
159              3.     Accounting for all funds entrusted to the licensee.
160               (c)    Contents of disclosure.-The notice required under
161      paragraph (b) must include the following information in the
162      following form:
163                                NO BROKERAGE RELATIONSHIP NOTICE
164      FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO
165      BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE
166      THEIR DUTIES TO SELLERS AND BUYERS.
167              As a real estate licensee who has no brokerage relationship
168      with you,       ... (insert name of Real Estate Entity and its
169      Associates) ... owe to you the following duties:

                                                       Page 7 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                         hb0295-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 295                                                                             2020




170              1.     Dealing honestly and fairly;
171              2.     Disclosing all known facts that materially affect the
172      value of residential real property which are not readily
173      observable to the buyer, including whether the seller or an
174      association acting on the seller's behalf has made a
175      construction defect claim under chapter 558 relating to the
176      property, the outcome of the claim, and what, if any, repairs
177      were made.
178              3.    Accounting for all funds entrusted to the licensee.
179           (Date)...                                                       . .. (Signature) ...
180              Section 2.         Subsections (1) through (4) and subsection (15)
181      of section 558.004, Florida Statutes, are amended to read:
182              558.004       Notice and opportunity to repair.-
183               ( 1) (a)    In actions brought alleging a construction defect,
184      the claimant shall, at least 60 days before filing any action,
185      or at least 120 days before filing an action involving an
186      association representing more than 20 parcels, serve written
187      notice of claim on the contractor, subcontractor, supplier, or
188      design professional, as applicable, which notice shall refer to
189      this chapter. If the construction defect claim arises from work
190      performed under a contract, the written notice of claim must be
191      served on the person with whom the claimant contracted. However,
192      a notice of claim may not be served under this chapter unless
193      the claimant has first properly submitted a claim for the
194      alleged construction defect under any applicable warranty, and

                                                       Page 8 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                           hb0295-01-c 1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 295                                                                2020




195      the warranty provider has denied the claim or has not offered a
196      remedy satisfactory to the claimant within the time limits
197      provided in the warranty. This chapter provides a notice process
198      for a construction defect claim that has been denied or not
199      otherwise satisfied under any applicable warranty.
200               (b)    The notice of claim must:
201              1.     Describe in specific reasonable detail the nature of
202      each alleged construction defect~ -a-na-
203              2.     Include, if the alleged construction defect or evidence
204      thereof is visible, at least one photograph of the alleged
205      defect or evidence thereof, any repair estimates or expert
206      reports obtained relating to the alleged defect, and a
207      description of, if known, the damage or loss resulting from the
208      alleged defect, if known.
209              3.     Based upon at least a visual inspection by the claimant
210      or its agents, the notice of claim must identify the specific
211      location of each alleged construction defect sufficiently to
212      enable the responding parties to locate the alleged defect
213      without undue burden. The claimant has no obligation to perform
214      destructive or other testing for purposes of this notice.
215              4.     Affirm that the claimant has personal knowledge of the
216      alleged construction defect.
217              5.     Acknowledge that the claimant is aware of the real
218      estate disclosure obligation under s. 558.006 and of the
219      penalties for perjury under chapter 837.

                                                       Page 9 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb0295-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 295                                                                2020




220              6.     Be signed by the claimant and include the following
221      statement directly above the claimant's signature line in 18-
222      point uppercase, boldfaced type:
223
224      UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE
225      FOREGOING STATEMENT AND THE FACTS ALLEGED ARE TRUE TO THE BEST
226      OF MY KNOWLEDGE AND BELIEF.
227
228               (c)    Any person who willfully includes a false statement in
229      the notice of claim required by this section is guilty of
230      perjury and, upon conviction, will be punished accordingly.
231              ~+e+-        The claimant shall endeavor to serve the notice of
232      claim within 15 days after discovery of an alleged defect, but
233      the failure to serve notice of claim within 15 days does not bar
234      the filing of an action, subject to s. 558.003. This subsection
235      does not preclude a claimant from filing an action sooner than
236      60 days, or 120 days as applicable, after service of written
237      notice as expressly provided in subsection (6), subsection (7),
238      or subsection (8).
239              ~+a+-        A notice of claim served pursuant to this chapter
240      shall not toll any statute of repose period under chapter 95.
241               (2)    Within 30 days after service of the notice of claim,
242      or within 50 days after service of the notice of claim involving
243      an association representing more than 20 parcels, any 1:'fTe person
244      served with the notice of claim under subsection (1), or a copy

                                                      Page 10 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb0295-01-c1
FLORIDA                         H   O   U   S   E      0   F      REPRESENTATIVES




          CS/HB 295                                                                2020




245       thereof under subsection (3), may is entitled to perform a
246       reasonable inspection of the property or of each unit subject to
247       the claim to assess each alleged construction defect. An
248       association's right to access property for either maintenance or
249       repair includes the authority to grant access for the
250       inspection. The claimant must shall provide the person served
251       with notice under subsection (1), or a copy thereof under
252       subsection (3), and such person's contractors or agents
253       reasonable access to the property during normal working hours to
254       inspect the property to determine the nature and cause of each
255       alleged construction defect and the nature and extent of any
256       repairs or replacements necessary to remedy each defect. The
257       person served with notice under subsection (1), or a copy
258       thereof under subsection (3), must shall reasonably coordinate
259       the timing and manner of any and all inspections with the
260       claimant to minimize the number of inspections. The inspection
2 61      may include destructive testing by mutual agreement under the
262       following reasonable terms and conditions:
263                (a)    If the person served with notice under subsection (1)
2 64      determines that destructive testing is necessary to determine
265       the nature and cause of the alleged defects, such person must
266       shall notify the claimant in writing.
267                (b)    The notice must shall describe the destructive testing
268       to be performed, the person selected to do the testing, the
269       estimated anticipated damage and repairs to or restoration of

                                                       Page 11 of 17

       CODING: Words stricken are deletions; words underlined are additions.
                                                                               hb0295-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 295                                                                2020




270      the property resulting from the testing, the estimated amount of
271      time necessary for the testing and to complete the repairs or
272      restoration, and the financial responsibility offered for
273      covering the costs of repairs or restoration.
274               (c)    If the claimant promptly objects to the person
275      selected to perform the destructive testing, the person served
276      with notice under subsection (1) must shall provide the claimant
277      with a list of three qualified persons from which the claimant
278      may select one such person to perform the testing. The person
279      selected to perform the testing must shall operate as an agent
280      or subcontractor of the person served with notice under
281      subsection (1) and must shall communicate with, submit any
282      reports to, and be solely responsible to the person served with
283      notice.
284               (d)    The testing must shall be done at a mutually agreeable
285      time.
286               (e)    The claimant or a representative of the claimant may
287      be present to observe the destructive testing.
288               (f)    The destructive testing may shall not render the
289      property uninhabitable.
290               (g)    There are shall be no construction lien rights under
291      part I of chapter 713 for the destructive testing caused by a
292      person served with notice under subsection (1) or for restoring
293      the area destructively tested to the condition existing before



                                                      Page 12 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb0295-01-c 1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 295                                                                2020




294      prior to testing, except to the extent the owner contracts for
295      the destructive testing or restoration.
296
297      If the claimant refuses to agree and thereafter permit
298      reasonable destructive testing, the claimant has shall have no
299      claim for damages which could have been avoided or mitigated had
300      destructive testing been allowed when requested and had a
301      feasible remedy been promptly implemented.
302               (3)    Within 10 days after service of the notice of claim,
303      or within 30 days after service of the notice of claim involving
304      an association representing more than 20 parcels, the person
305      served with notice under subsection (1) must ffiaY serve a copy of
306      the notice of claim to each contractor, subcontractor, supplier,
307      or design professional whom it reasonably believes is
308      responsible for each defect specified in the notice of claim and
309      shall note the specific defect for which it believes the
310      particular contractor, subcontractor, supplier, or design
311      professional is responsible. The notice described in this
312      subsection may not be construed as an admission of any kind.
313      Each such contractor, subcontractor, supplier, and design
314      professional may inspect the property as provided in subsection
315       (2).

316               (4)    Within 15 days after service of a copy of the notice
317      of claim under pursuant to subsection (3), or within 30 days
318      after service of the copy of the notice of claim involving an

                                                      Page 13 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb0295-01-c 1
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 295                                                                       2020




319      association representing more than 20 parcels, the contractor,
320      subcontractor, supplier, or design professional must serve a
321      written response to the person who served a copy of the notice
322      of claim. The written response must include a report, if any, of
323      the scope of any inspection of the property and the findings and
324      results of the inspection. The written response must include one
325      or more of the offers or statements specified in paragraphs
326       ( 5) (a) - ( e) , as chosen by the responding contractor,
327      subcontractor, supplier, or design professional, with all of the
328      information required for that offer or statement.
329               (15)     Upon request, the claimant and any person served with
330      notice under pursuant to subsection (1) shall exchange, within
331      30 days after service of a written request, which request must
332      cite this subsection and include an offer to pay the reasonable
333      costs of reproduction, any design plans, specifications, and as-
334      built plans; videos and additional photographs and videos of the
335      alleged construction defect identified in the notice of claim;
336      expert reports not already provided that describe any defect
337      upon which the claim is made; subcontracts; purchase orders for
338      the work that is claimed defective or any part of such
339      materials; and maintenance records and other documents related
340      to the discovery, investigation, causation, and extent of the
341      alleged defect identified in the notice of claim and any
342      resulting damages. A party may assert any claim of privilege
343      recognized under the laws of this state with respect to any of

                                                      Page 14 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0295-01-c1
FLORIDA                        H    O   U   S   E     0   F      REPRESENTATIVES




         CS/HB 295                                                                 2020




344      the disclosure obligations specified in this chapter. In the
345      event of subsequent litigation, any party who failed to provide
346      the requested materials is shall be subject to such sanctions as
347      the court may impose for a discovery violation. Expert reports
348      exchanged between the parties may not be used in any subsequent
349      litigation for any purpose, unless the expert, or a person
350      affiliated with the expert, testifies as a witness or the report
351      is used or relied upon by an expert who testifies on behalf of
352      the party for whom the report was prepared.
353              Section 3.          Section 558.0045, Florida Statutes, is created
354      to read:
355              558.0045          Construction defect litigation; special
356      requirements.-
357               (1)    This section applies to all actions involving
358      construction defects, including civil suits and arbitrations.
359               (2)    If a claimant proceeds to trial in an action, the jury
360      verdict and final judgment must include a detailed description
361      of the nature of the defect and the monetary amount awarded
362      against each liable party separately, including the monetary
363      amount of the award attributable to:
364               (a)    Repairing or replacing the defective work.
365               (b)    Repairing or replacing nondefective property damaged
366      by the defective work.
367               (c)    Other recoverable damages authorized by law that are
368      awarded against the liable party.

                                                      Page 15 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                               hb0295-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 295                                                                  2020




369              Section 4.         Section 558.006, Florida Statutes, is created
370      to read:
371              558.006       Construction defect disclosure statement.-The
372      seller of real property must disclose to the buyer, before
373      closing, in a written disclosure statement set forth in the sale
374      contract or a separate writing:
375               (1)    Whether the seller or an association acting on the
376      seller's behalf has made a claim under this chapter alleging a
377      construction defect relating to the real property subject to the
378      sale contract.
379               (2)    The specific nature of the alleged defect.
380               (3)    The outcome of the claim. This subsection does not
381      require the seller to disclose the amount of any monetary
382      settlement reached or judgment awarded.
383               (4)    Whether the defect has been repaired and a description
384      of any repairs made.
385              Section 5.         Section 558.007, Florida Statutes, is created
386      to read:
387              558.007       Notice to mortgagee or assignee.-
388               (1)    If a notice of claim alleging a construction defect
389      under this chapter results in a monetary settlement or judgment
390      in favor of the claimant, and a mortgagee or assignee has a
391      security interest in the real property subject to the claim, the
392      claimant must, within 90 days after the resolution of the claim,
393      notify the mortgagee or assignee, in writing, of:

                                                      Page 16 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                               hb0295-01-c 1
FLORIDA                        H   O   U   S   E      0    F     REPRESENTATIVES




         CS/HB 295                                                                 2020




394               (a)    The specific nature of the defect.
395               (b)    The outcome of the claim, including the amount of any
396      monetary settlement reached or judgment awarded.
397               (c)    Whether the defect has been repaired and a description
398      of any repairs made, or, if repairs have not yet begun, the
399      anticipated date that the repairs will begin.
400               (2)    If repairs relating to the defect are completed after
401      the claimant notifies the mortgagee or assignee as required
402      under subsection (1), the claimant must update the notice within
403      30 days after completion of the repairs.
404              Section 6.         This act shall take effect July 1, 2020.




                                                      Page 17 of 17

      CODING: Words stricken are deletions; words underlined are additions.
                                                                               hb0295-01-c1
                                  COMMERCE COMMITTEE

                                   HB 295 by Rep. Santiago
                                    Construction Defects

                                   AMENDMENT SUMMARY
                                     February 27, 2020


Amendment 1 by Rep. Santiago (Strike-all amendment):
The strike-all amendment:
   • Provides that a person has a cause of action for a violation of the building code if the
        violation is a "material" violation, instead of current law, which provides that a person has
        a cause of action for any violation of the building code.
   • Defines "material violation" as a violation, which may reasonably result, or has resulted,
        in physical harm to a person or significant damage to the performance of a building.
   • Provides that a person must attempt to resolve a claim for construction defect or a claim
        for a violation of the building code through applicable warranties before filing a notice of
        claim of construction defect or a cause of action.

The strike-all amendment removes the following from the bill:
   • Real estate disclosure requirements relating to construction defect claims for sellers of
        real property, real estate agents, and brokers.
   • Information required to be in the notice of claim of construction defect.
   • Requirement that a claimant affirm personal knowledge of the alleged defect, and make
        certain disclosures under penalty of perjury.
   • Provisions relating to the use of a special verdict form for all construction defect
        litigation.
   • Provisions requiring that a claimant provide notice of a construction defect settlement or
        judgment to a mortgagee or assignee under specified circumstances.
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. CS/HB 295   (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.     Section 553.84, Florida Statutes, is amended to
 7     read:
 8             553.84     Statutory civil action.-
 9             (1)     For purposes of this section, the term "material
10     violation" means a violation that exists within a completed
11     building, structure, or facility which may reasonably result, or
12     has resulted, in physical harm to a person or significant damage
13     to the performance of a building or its systems.
14             J.1.l   Notwithstanding any other remedies available, any
15     person or party, in an individual capacity or on behalf of a
16     class of persons or parties, damaged as a result of a material

     274359 - h295-strike.docx
      Published On: 2/26/2020 6:11:32 PM
                                        Page 1 of 3
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. CS/HB 295   (2020)
       Amendment No. 1



17     violation of this part or the Florida Building Code, has a cause
18     of action in any court of competent jurisdiction against the
19     person or party who committed the violation; however, if the
20     person or party obtains the required building permits and any
21     local government or public agency with authority to enforce the
22     Florida Building Code approves the plans, if the construction
23     project passes all required inspections under the code, and if
24     there is no personal injury or damage to property other than the
25     property that is the subject of the permits, plans, and
26     inspections, this section does not apply unless the person or
27     party knew or should have known that the violation existed.
28             (3)    A notice of claim or civil action may not be served
29     under this section unless the claimant has first properly
30     submitted a claim for the alleged construction defect under any
31     applicable warranty, and the warranty provider has denied the
32     claim or has not offered a remedy satisfactory to the claimant
33     within the time limits provided in the warranty.
34             Section 2.     Paragraphs (b),   (c), and (d) of subsection (1)
35     of section 558. 004 are relettered as paragraphs (c),        (d), and
36     (e), and a new paragraph (b) is added to that paragraph, to
37     read:
38             558.004    Notice and opportunity to repair.-
39             ( 1) (a)   In actions brought alleging a construction defect,
40     the claimant shall, at least 60 days before filing any action,
41     or at least 120 days before filing an action involving an
     274359 - h295-strike.docx
      Published On: 2/26/2020 6:11:32 PM
                                        Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 295   (2020)
       Amendment No. 1



42     association representing more than 20 parcels, serve written
43     notice of claim on the contractor, subcontractor, supplier, or
44     design professional, as applicable, which notice shall refer to
45     this chapter. If the construction defect claim arises from work
46     performed under a contract, the written notice of claim must be
47     served on the person with whom the claimant contracted.
48          (b)   A notice of claim may not be served under this chapter
49     unless the claimant has first properly submitted a claim for the
50     alleged construction defect under any applicable warranty, and
51     the warranty provider has denied the claim or has not offered a
52     remedy satisfactory to the claimant within the time limits
53     provided in the warranty.
54          Section 3.   This act shall take effect July 1, 2020.
55
56
57                        T I T L E   A ME N D ME N T
58          Remove everything before the enacting clause and insert:
59     An act relating to construction defects; amending s. 553.84,
60     F.S.; defining the term "material violation"; revising when a
61     person has a cause of action for a violation relating to the
62     Florida Building Code; providing requirements for such cause of
63     action; amending s. 558.004, F.S.; requiring a claimant to
64     submit a construction defect claim to the warranty provider
65     before serving a notice of claim; providing an effective date.


     274359 - h295-strike.docx
      Published On: 2/26/2020 6:11:32 PM
                                   Page 3 of 3
(")

-
en
:c
m
c.n
w
.....
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 537   Home-Based Businesses
SPONSOR(S): Business & Professions Subcommittee, Donalds and others
TIED BILLS:       IDEN./SIM. BILLS: SB 778

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Business & Professions Subcommittee                           7 Y, 3 N, As CS          Wright              Anstead

    2) State Affairs Committee                                       13 Y, 7 N                Moehrle             Williamson

    3) Commerce Committee                                                                     WrightlLJ.O         Hamon


                                                         SUMMARY ANALYSIS
The Florida Constitution grants local governments broad home rule authority, and county and municipal
governments may exercise those powers of self-government that are provided by general or special law. As
such, general law and home rule authority determines whether local governments are able to regulate
businesses, and to what degree. Currently, some local governments have ordinances specific to regulating
home-based businesses, or businesses which operate out of a residence. Some local governments regulate
the types of businesses that may be carried on at a residence and others regulate the space in which business
may occur.

The bill provides that local governments may not enact or enforce any ordinance, regulation, or policy, or take
any action to license or otherwise regulate a home-based business in a manner that is different from other
businesses in a local government's jurisdiction.

In order to be considered a home-based business, the bill requires that:
    • the business operates, in whole or in part, from a residential property;
    • the employees of the home-based business reside in the residence, except for up to two employees
       that do not reside at the residence. However, employees of the home-based business that do not
       primarily work at the residential dwelling are not required to reside in the dwelling;
    • parking for the business activities of the home-based business complies with local zoning requirements;
    • the use of the residential property is consistent with the uses of the residential areas that surround the
       property, but incidental and short term business uses and activities are permitted; and
    • the activities of the home-based business are secondary to the property's use as a residential dwelling.

The bill provides that home-based businesses will only be subject to applicable business taxes in the county
and municipality where the home-based business is located.

The bill allows a party to challenge any local government action regulating home-based businesses. The
prevailing party is entitled to recover reasonable attorney fees and costs.

The bill has an indeterminate fiscal impact on local governments and does not appear to have a fiscal impact
on the state.

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: h0537c.COM.DOCX
DATE: 2/23/2020
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

       A. EFFECT OF PROPOSED CHANGES:
             Present Situation

             Local Government Authority

            The Florida Constitution grants authority for broad home rule by local governments. Non-charter county
            governments may exercise those powers of self-government that are provided by general or special
            law. 1 Those counties operating under a county charter have all powers of self-government not
            inconsistent with general law or special law approved by vote of the electors. 2

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

             Local Business Tax

            The local business tax authorized in ch. 205, F.S., represents the fees charged and the method by
            which a local government authority grants the privilege of engaging in or managing any business,
            profession, or occupation within its jurisdiction. 5 Counties and municipalities may levy a business tax. 6

             Revenue Sources Based on Home Rule Authority

            Pursuant to home rule authority, local governments may impose proprietary fees, regulatory fees, and
            special assessments to pay the cost of providing a facility or service or regulating an activity. A
            regulatory fee should not exceed the regulated activity's cost and is generally required to be applied
            solely to the regulated activity's cost for which the fee is imposed. 7

             Businesses and Occupations

            General law determines whether local governments are able to regulate occupations and businesses,
            and to what degree. 8 If state law preempts regulation for an occupation, then, generally, local
            governments may not regulate that occupation. 9 For example, Florida law currently preempts local
            regulation with regard to the following:
               • assessing local fees associated with providing proof of licensure as a contractor, or providing,
                    recording, or filing evidence of workers' compensation insurance coverage by a contractor; 10
               • assessing local fees and rules regarding low-voltage alarm system projects; 11
               • tobacco and nicotine products; 12


1
    Art. VIII, s. 1(f), Fla. Const.
2 Art. VIII, s.1(g), Fla. Const.
3 A municipality is a local government entity created to perform functions and provide services for the particular benefit of the population

within the municipality, in addition to those provided by the county. The term "municipality" may be used interchangeably with the terms
"town," "city," and "village."
4
   Art. VIII, s. 2(b), Fla. Const. See also s. 166.021 (1), F.S.
5
   S. 205.022(5), F.S.
6
   Ss. 205.033 and 205.043, F.S.
7 EDR, supra note 12, at 9.
8
   Art. VIII, s. 1(f), Fla. Const.; Art. VII, s. 9(a), Fla. Const.; Art. VIII, s. 2(b), Fla. Const.; s. 166.021(1), F.S.
9
   Id.; Wolf and Bolinger, supra note 17.
10
    S. 553.80(7)(a)5.c., F.S.
11
    S. 489.503(14), F.S.
12 Ch. 569, F.S., ands. 386.209, F.S.
STORAGE NAME: h0537c.COM.DOCX                                                                                                       PAGE: 2
DATE: 2/23/2020
               •   firearms, weapons, and ammunition; 13
               •   employment benefits; 14
               •   polystyrene products; 15
               •   public lodging establishments and public food service establishments; 16 and
               •   disposable plastic bags. 17

          Conversely, Florida law also specifically grants local jurisdictions the right to regulate businesses,
          occupations and professions in certain circumstances. 18 For example, Florida law specifically
          authorizes regulations relating to:
             • zoning and land use; 19
             • the levy of "reasonable business, professional, and occupational regulatory fees, commensurate
                 with the cost of the regulatory activity, including consumer protection, on such classes of
                 businesses, professions, and occupations, the regulation of which has not been preempted by
                 the state or a county pursuant to a county charter"; 20
             • the levy of local business taxes; 21
             • building code inspection fees; 22
             • tattoo establishments; 23
             • massage practices; 24
             • child care facilities; 25
             • taxis and other vehicles for hire; 26 and
             • waste and sewage collection. 27

          Home-based Business Regulations

          Currently, some local governments have ordinances specific to regulating home-based businesses, or
          businesses which operate out of a residence. Some local governments regulate the types of
          businesses that may be carried on at a residence and others regulate the space in which business may
          occur. Examples include:
             • In Volusia County, home-based businesses are required to occupy no more than 25 percent of
                 the habitable floor area of the residence, 28
             • In Tampa, home-based businesses may not be conducted in any accessory building; 29
             • In Naples, home-based businesses are not allowed to conduct retail, wholesale, or warehousing
                 activities at the residence; 30 and
             • In Gainesville, a home-based business may not have more than one automobile used for the
                 home-based business parked on the premises within view of surrounding properties. Such
                 automobile may not have more than two signs, not exceeding two square feet in area, each
                 mounted flat against or painted along the sides. 31


13
   S. 790.33(1), F.S.
14
   S. 218.077, F.S.
15
   S. 500.90, F.S.
16 S. 509.032, F.S.
17 S. 403.7033, F.S.
18
   Supra note 16.
19
   S. 125.01 (1 )(h), F.S.
20 S. 166.221, F.S.
21
   Ch. 205, F.S.
22 S. 166.222, F.S.

23 S. 381.00791, F.S.
24
   S. 480.052, F.S.
25 S. 402.306, F.S.
26 S. 125.01 (1 )(n), F .S.
27 S. 125.01(1)(k), F.S.
28 Volusia County, FL., Ch. 72, art. II, div. 8, s. 72-283.
29 Tampa, FL., Ch. 27, art. VI, div. 2, s. 27-282.5.
30 Naples, FL., Ch. 56, art. Ill, s. 56-92.
31
   Gainesville, FL., Ch. 30, art. V, div. 2, s. 30-5.37.
STORAGE NAME: h0537c.COM.DOCX                                                                            PAGE: 3
DATE: 2/23/2020
       Effect of the Bill

       The bill provides that local governments may not:
          • prohibit, restrict, regulate, or license home-based businesses in a manner that is different from
               other businesses in a local government's jurisdiction; or
          • enact or enforce any ordinance, regulation, or policy, or take any action to license or otherwise
               regulate a home-based business in violation of the provisions in the bill.

       In order to be considered a home-based business, the bill requires that:
           • the business operates, in whole or in part, from a residential property;
           • the employees of the home-based business reside in the residence, except that up to two
              employees that do not reside at the residence may work at the residence. However, other
              employees of the home-based business that do not primarily work at the residence are not
              required to reside in the residence;
           • parking related to the business activities of the home-based business complies with local zoning
               requirements;
           • as viewed from the street, the use of the residential property is consistent with the uses of the
               residential areas that surround the property. However, incidental and short term business uses
               may be conducted at the residence; and
           • the activities of the home-based business are secondary to the property's use as a residential
              dwelling.

       The bill allows a home-based business that operates from a residential property to operate in an area
       zoned for residential use.

       Home-based businesses will only be subject to applicable business taxes in the county and
       municipality where the home-based business is located.

       The bill allows a party to challenge any local government action regulating home-based businesses.
       The prevailing party is entitled to recover reasonable attorney fees and costs incurred in challenging or
       defending the action, including reasonable appellate attorney fees and costs.

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

   B. SECTION DIRECTORY:

       Section 1      Creates s. 559.955, F.S., relating to requirements for home-based businesses.

       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:

STORAGE NAME: h0537c.COM.DOCX                                                                             PAGE: 4
DATE: 2/23/2020
             Indeterminate. The bill provides that home-based businesses will only be subject to applicable
             business taxes in the county and municipality where the home-based business is located.

       2.    Expenditures:
             Indeterminate. The bill allows a party to challenge any local government action regulating home-
             based businesses. The prevailing party is entitled to recover reasonable attorney fees and costs
             incurred in challenging or defending the action, including reasonable appellate attorney fees and
             costs.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may allow more home-based businesses to operate more freely and efficiently.

   D. FISCAL COMMENTS:
       None.
                                                 Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
            The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
            because this bill prohibits local governments, except the county and municipality where the home-
            based business is located, from collecting business taxes from home-based businesses. However,
            an exemption may apply given that laws having an insignificant fiscal impact are exempt from the
            requirements of Art. VII, s. 18 of the Florida Constitution.

       2. Other:
            None.

   B. RULE-MAKING AUTHORITY:
        The bill neither requires nor provides authority for agency rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       The bill allows a "party" to bring a claim against a local government for certain actions against home-
       based businesses. It would be more precise to replace "party" with "home-based business," or
       "substantially affected person."

                             IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

    On February 4, 2020, the Business & Professions Subcommittee adopted a proposed committee
    substitute (PCS) and reported the bill favorably as a committee substitute. The PCS removed the following
    provisions from the bill:
       • The total state preemption on the regulation and licensing of home-based businesses;
       • Requirements relating to the Florida Building Code, traffic, noise, waste, and recycling; and
       • Legislative findings.

    The PCS added the following provisions to the bill:
       • Authority to bring a legal challenge against any local government action related to home-based
          businesses, including attorney fees and costs for the prevailing party;
       • A prohibition on local governments from regulating home-based businesses differently than other
          businesses;

STORAGE NAME: h0537c.COM.DOCX                                                                              PAGE: 5
DATE: 2/23/2020
        •   Clarification that home-based businesses are only subject to applicable business taxes where the
            home-based business is located; and
        •   Clarification that home-based businesses may have employees, which do not primarily work or
            reside at the residence.

    This analysis is drafted to the committee substitute as approved by the Business & Professions
    Subcommittee.




STORAGE NAME: h0537c.COM.D0CX                                                                          PAGE: 6
DATE: 2/23/2020
FLORIDA                       H   O   U   S   E      0     F      REPRESENTATIVES




        CS/HB 537                                                                              2020



 1                                         A bill to be entitled
 2              An act relating to home-based businesses; creating s.
 3              559.955, F.S.; specifying conditions under which a
 4              business is considered a home-based business;
 5              authorizing a home-based business to operate in a
 6              residential zone under certain circumstances;
 7              prohibiting a local government from certain actions
 8              relating to the licensure and regulation of home-based
 9              businesses; providing an effective date.
10
11      Be It Enacted by the Legislature of the State of Florida:
12
13              Section 1.         Section 559.955,             Florida Statutes, is created
14      to read:
15              559.955       Home-based businesses; local government
16      restrictions.-
17               (1)    For purposes of this section, a business is considered
18      a home-based business if it operates, in whole or in part,                       from
19      a residential property and meets the following criteria:
20               (a)    The employees of the home-based business who work at
21      the residential dwelling also reside in the residential
22      dwelling, except that up to two employees who do not reside at
23      the residential dwelling may work at the residential dwelling.
24      However, other employees of the home-based business who do not
25      primarily work at the residential dwelling are not required to

                                                         Page 1 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                         hb0537-01-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 537                                                                                   2020




26      reside in the dwelling.
27               (b)    Parking related to the business activities of the
28      home-based business complies with local zoning requirements.
29               (c)    As viewed from the street, the use of the residential
30      property is consistent with the uses of the residential areas
31      that surround the property. However,                           incidental and short-term
32      business uses and activities may be conducted at the residential
33      property.
34               (d)    The activities of the home-based business are
35      secondary to the property's use as a residential dwelling.
36               (2)    A home-based business that operates from a residential
37      property as provided in subsection (1):
38               (a)    May operate in an area zoned for residential use.
39               (b)    May not be prohibited, restricted,                    regulated,   or
40      licensed in a manner that is different from other businesses in
41      a local government's jurisdiction.
42               (c)    Shall only be subject to applicable business taxes
43      under chapter 205 in the county and municipality in which the
44      home-based business is located.
45               ( 3)   Local governments may not enact or enforce any
46      ordinance, regulation, or policy, or take any action to license
47      or otherwise regulate a home-based business in violation of this
48      section.
49               (4)    A party may challenge any local government action in
50      violation of this section. The prevailing party in a challenge

                                                         Page 2 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                hb0537-01-c1
FLORIDA                       H   O   U    S   E     0    F     REPRESENTATIVES




        CS/HB 537                                                                  2020



51      is entitled to recover reasonable attorney fees and costs
52      incurred in challenging or defending the action, including
53      reasonable appellate attorney fees and costs.
54              Section 2.          This act shall take effect July 1, 2020.




                                                      Page 3 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                               hb0537-01-c1
                                COMMERCE COMMITTEE

                                 HB 537 by Rep. Donalds
                                 Home-based Businesses

                                AMENDMENT SUMMARY
                                  February 27, 2020


Amendment 1 by Rep. Donalds (Line 49):

The amendment clarifies that any adversely affected current or prospective home-based
business owner may bring a challenge to a local government action which improperly restricts
home-based businesses.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 537   ( 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 Donalds offered the following:
3

4             Amendment
5             Remove line 49 and insert:
6     (4) Any adversely affected current or prospective home-based
7     business owner may challenge any local government action in




    547895 - h537-line49.docx
     Published On: 2/26/2020 3:06:27 PM
                                    Page 1 of 1
0
-
en
0
-
en
:c
OJ
O')
N
w
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/CS/HB 623 Community Associations
SPONSOR(S): Civil Justice Subcommittee, Business & Professions Subcommittee, Shoaf
TIED BILLS:        IDEN./SIM. BILLS:   SB 1154

    REFERENCE                                                          ACTION                 ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Business & Professions Subcommittee                             13 Y, 0 N, As          Brackett            Anstead
                                                                       cs
    2) Civil Justice Subcommittee                                      14 Y, 0 N, As          Mawn                Luczynski
                                                                       cs
    3) Commerce Committee                                                                     Brackett /          Hamon


                                                         SUMMARY ANALYSIS
The Division of Florida Condominiums, Timeshares, and Mobile Homes, within the Department of Business
and Professional Regulation, broadly regulates condominium and cooperative associations and has limited
regulatory authority over homeowner's associations (HOA).

The bill:
   • Exempts a pool within an HOA with 32 parcels or less from public pool regulation.
   • Requires associations to maintain bids for work or materials for one year, instead of seven.
   • Requires an HOA to maintain ballots and all records relating to elections in the HOA's official records.
   • Prohibits associations from requiring owners to state a reason for requesting to inspect official records.
   • Provides that a condominium association required to make association documents available on a
        website may instead make them available on a mobile application.
   • Allows an HOA to give notice of a meeting on a website.
   • Provides that condominium board term limits do not apply retroactively to service prior to 2018.
   • Prohibits condominium owners' insurance policies from providing rights of subrogation against the
         association under certain circumstances.
   • Allows condominiums to charge a buyer or renter the actual cost of a background check.
   • Provides that certain notice requirements apply to all unit owner meetings, not just the annual meetings.
   • Amends the due date for paying a fine levied by an association.
   • Provides that an interest in a cooperative unit is an interest in real property, not in personal property.
   • Deletes the provision prohibiting a condominium association from contracting with a company in which
         a board member has a financial interest.
   • Allows the office of the Condominium Ombudsman to be located outside of Leon County.
   • Permits a unit owner in a condominium to install, at the owner's expense, a natural gas fuel station
        within the boundaries of the owner's limited common element or exclusive parking area.
   • Allows mediation of specified condominium disputes in lieu of non-binding arbitration, except for
         election and recall disputes, which must be arbitrated or litigated in court.
   • Restates that any provision in a community association's declaration, bylaws, or rules that violates any
         right under the 14th Amendment of the U.S. Constitution or article I, section 2 of the Florida Constitution
         is unenforceable, and no action is required by an association to remove or amend such provisions.
   • Provides that a community association may record a notice in the county in which it is located indicating
         that it does not intend to enforce any regulation in its declaration, bylaws, or rules that infringes upon
        the 14th Amendment of the U.S. Constitution or article I, section 2 of the Florida Constitution.

The bill is not expected to have a fiscal impact on local government. The bill may have a fiscal impact on state
government. See Fiscal Comments.

The bill provides an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0623e.COM.DOCX
DATE: 2/24/2020
                                                 FULL ANALYSIS

                                           I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Community Associations

         The Florida Division of Condominiums, Timeshares and Mobile Homes (Division), within the
         Department of Business and Professional Regulation (DBPR), provides consumer protection for Florida
         residents living in regulated communities through education, complaint resolution, mediation and
         arbitration, and developer disclosure. The Division has regulatory authority over:
             • 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 (limited to arbitration of election and recall disputes).

         Condominiums

         A condominium is a form of real property ownership 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 A condominium is created by recording a declaration of condominium in the public records
         of the county where the condominium is located. 2 A declaration governs the relationships among
         condominium unit owners and the condominium association. All unit owners are members of the
         condominium association, an entity responsible for common elements operation and maintenance. The
         condominium association is overseen by an elected board of directors, commonly referred to as a
         "board of administration." The board enacts bylaws which govern the administration of the association.

         Cooperatives

         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. 3 The lease payment amount is the pro-rata share of the cooperative's
         operational expenses. Cooperatives operate similarly to condominiums and the laws regulating
         cooperatives are in many instances nearly identical to those regulating condominiums.

         Homeowners' Associations

         A homeowners' association (HOA) is an association of residential property owners in which voting
         membership is made up of parcel owners, membership is a mandatory condition of parcel ownership,
         and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. 4 Only
         HOAs whose covenants and restrictions include mandatory assessments are regulated by ch. 720, F.S.
         Like a condominium or cooperative, an HOA is administered by an elected board of directors. The
         powers and duties of an HOA include the powers and duties provided in ch. 720, F.S., and in the
         association's governing documents, which include the recorded covenants and restrictions, together
         with the bylaws, articles of incorporation, and duly adopted amendments to those documents. Florida
         law sets procedures and minimum requirements for HOA operation and provides for a mandatory
         binding arbitration program, administered by the Division, for certain election and recall disputes, but no
         state agency has direct oversight of HOAs.

1
  S. 718.103(11), F.S.
2
  S. 718.104(2), F.S.
3
  S. 719.103(2)(26), F .S.
4
  S. 720.301(9), F.S.
STORAGE NAME: h0623e.COM.D0CX                                                                                PAGE: 2
DATE: 2/24/2020
         Cooperatives as Personal and Real Property Interest

         Current Situation

         The building and land of a cooperative association are owned by a corporation, not the individual unit
         owners. A person who purchases a cooperative unit does not receive title to the unit or any portion of
         the cooperative's building or land. Instead, the purchaser receives shares of the cooperative
         association and leases a unit from the association. An interest in a corporation or cooperative is
         represented by the ownership of stock in the corporation.

         An ownership interest in a corporation or cooperative is an interest in personal property, not real
         property. 5 Generally, personal property is any object or right that is not real property, such as
         automobiles, clothing, or stocks. 6

         Real property is anything that is permanent, fixed, and immovable, such as land or a building. At
         common law, a leasehold, even for as long as 99 years, was not considered an interest in real property.
         However, a long-term leasehold interest is taxed in the same manner as a fee interest, so courts
         generally regard long-term leaseholds to be an interest in real property for taxation purposes. 7

         In Florida, a cooperative is treated as real property for some homestead purposes. Even though the
         legal definition of homestead follows the common law and requires an interest in real property to qualify
         for the homestead exemption, the Florida Constitution specifically extends the exemption to a
         cooperative unit. 8 Florida's homestead laws govern the cooperative for purposes of exemption from
         forced sale by creditors 9 and for purposes of the ad valorem taxation exemption. However, a
         cooperative is not subject to Florida's homestead protections and is not considered real property for
         purposes of devise and descent. Devise and descent is the transfer or conveyance of property by will or
         inheritance. 10

         In contrast, the Condominium Act specifically provides that "[a] condominium parcel created by the
         declaration is a separate parcel of real property, even though the condominium is created on a
         leasehold." Thus, an ownership interest in a condominium is expressly converted by statute into an
         interest in real property. There is no corresponding statute in the Cooperative Act. 11 Florida courts have
         recognized that there is some confusion in this area and that there is a need for clarification on whether
         a cooperative ownership interest is an interest in real property or personal property. 12

         Effect of the Bill

         The bill provides that an interest in a cooperative unit is an interest in real property for all purposes
         including devise and descent.




5 Downey v. Surf Club Apartments, Inc., 667 So.2d 414 (Fla. 1st DCA 1996).
6 Am. Jur. 2d Property§ 18.
7 Williams v. Jones, 326 So.2d 425, 433 (Fla. 1975); See generally The Florida Bar, Practice Under Florida Probate Code Chapter 19

(9th ed. 2017).
8 Art. VII, s. 6(a), Fla. Const. ("The real estate may be held by legal or equitable title, by the entireties, jointly, in common, as a

condominium, or indirectly by stock ownership or membership representing the owner's or member's proprietary interest in a
corporation owning a fee or a leasehold initially in excess of ninety-eight years.").
9
  Ss. 222.01and 222.05, F.S.
10 Southern Waifs, Inc. v. Stilwell Corp., 810 So. 2d 566, 572 (Fla. 2nd DCA 2002); Phillips v. Hirshon, 958 So. 2d 425,430 (Fla. 3rd

DCA 2007); In re Estate of Wartels, 357 So.2d 708 (Fla. 1978); Black's Law Dictionary (11th ed. 2019).
11 S. 718.106(1), F.S; Seegeneralfych. 719, F.S.
12 Phillips, 958 So.2d 425; Levine v. Hirshon, 980 So.2d 1053 (Fla. 2008).
STORAGE NAME: h0623e.COM.DOCX                                                                                                             PAGE: 3
DATE: 2/24/2020
           Official Records

           Current Situation

           Condominiums, cooperatives, and HOAs are required to maintain official records for at least seven
           years. The official records must include:
               • A copy of the articles of incorporation, declaration, bylaws, and rules of the association;
               • Meeting minutes;
              • A roster of all owners or members, including the electronic mailing addresses and fax numbers
                   of unit owners consenting to receive notice by electronic transmission;
              • A copy of any contracts to which the association is a party or under which the association or the
                   unit owners or members have an obligation;
              • The association's accounting records;
              • All contracts for work to be performed, including bids for work, materials, and equipment.
                   Cooperatives and HOAs are only required to maintain bids for one year;
               • A copy of the plans, permits, warranties, and other items provided by the developer; and
               • All other written records which are related to the association's operation. 13

           The official records for condominiums and cooperatives, but not HOAs, must also include all ballots,
           sign-in sheets, voting proxies, and all other papers relating to voting by unit owners. 14

           Owners may request to inspect an association's official records, and the association must make the
           records available for inspection within ten business days of receiving an inspection request. 15 A
           condominium and cooperative may adopt reasonable rules regarding the frequency, time, location,
           notice, and manner of record inspections. An HOA may also adopt reasonable rules regarding the
           frequency, time, location, notice, and manner of record inspections, but an HOA may not require an
           owner to state the reason for the inspection. 16

           Effect of the Bill

           The bill:
              • Provides that all records relating to an HOA are official records;
              • Mirrors condominium law to cooperative and HOA law by requiring that condominiums maintain
                    bids for work, materials, and equipment for one year instead of seven years;
              • Mirrors condominium and cooperative law to HOA law by prohibiting a condominium or
                    cooperative from requiring a unit owner to state a reason for official records inspection; and
              • Mirrors HOA law to condominium and cooperative law by including all ballots, sign-in sheets,
                    voting proxies, and all other papers relating to voting in the HOA's official records.

           Condominium Unit Owner Insurance and Subrogation

           Current Situation

           A condominium association must use its best efforts to maintain insurance for the association, the
           association property, and the common elements. If a condominium maintains insurance for the
           association, it must have coverage for the condominium property as originally installed and all
           alterations or additions made to the condominium property. 17




13
     Ss. 718.111(12)(a), 719.104(2), and 720.303(4)-(5), F.S.
14 Jd.
15 Jd.
16 S. 720.303(5), F.S.
17 S. 718.111, F.S.
STORAGE NAME: h0623e.COM.D0CX                                                                               PAGE: 4
DATE: 2/24/2020
           Condominium association insurance coverage does not include personal property within a unit or a
           unit's limited common elements, floor, walls, ceiling coverings, electrical fixtures, appliances, water
           heaters, water filters, built-in cabinets and countertops, and window treatments. Insurance coverage for
           such property is the responsibility of the unit owner. 18

           Subrogation is "the substitution of one party for another whose debt the party pays, entitling the paying
           party to rights, remedies, or securities that would otherwise belong to the debtor." 19 In the condominium
           setting, subrogation allows a unit owner's insurer to stand in the place of the unit owner whose unit has
           been damaged by a negligent party. The unit owner's insurer pays the unit owner for the damage and
           stands in the place of the unit owner to seek relief from the party that caused the damage, which may
           be the condominium association.

           Often, a condominium association's declaration may contain a clause requiring a unit owner's
           insurance policy to prohibit subrogation against the condominium association. 20

           Prior to 2010, Florida law prohibited a condominium unit owner's insurance policy from providing rights
           of subrogation against the association. That statutory prohibition was repealed in 2010, and
           subrogation against a condominium association has been permitted since that time. 21

           Effect of the Bill

           The bill provides that if a condominium association's insurance policy does not provide rights of
           subrogation against the unit owners, then a unit owner's insurance policy may not provide rights of
           subrogation against the association.

           Condominium Websites

           Current Situation

           Condominium associations with 150 or more units that do not manage timeshare units must post
           certain documents to a website accessible only to unit owners and condominium association
           employees. The condominium association's website must include:
               • The recorded declaration of condominium of each condominium operated by the condominium
                   association and each amendment to each declaration;
               • The recorded condominium association bylaws and each amendment to the bylaws;
               • The condominium association's articles of incorporation, or other documents creating the
                   condominium association, and each amendment thereto. The copy posted must be a copy of
                   the articles of incorporation filed with the Department of State;
               • The condominium association rules;
               • Any management agreement, lease, or other contract to which the condominium association is
                   a party or under which the condominium association or the unit owners have an obligation or
                   responsibility;
               • Summaries or complete copies of bids for materials, equipment, or services, which must be
                   maintained on the website for one year;
               • The annual budget and any proposed budget to be considered at the annual meeting;
               • The financial report and any proposed financial report to be considered at a meeting;
               • Each director's certification;
               • All contracts or transactions between the condominium association and any director,
                   corporation, firm, or condominium association that is not an affiliated condominium association


18 /d.
19
     Aurora Loan Services LLC v. Senchuk, 36 So. 3d 716, 717 (Fla. 151 DCA 2010).
20 Gary L. Wickert & Kelsey Burazin, Subrogating Condominium Damage, Claims Journal June 4, 2015,

https://www.claimsjournal.com/news/national/2015/06/04/263728.htm (last visited Jan. 23, 2020).
21
   S. 718.111 (11), F.S. (2009); See also Senate Analysis of 2010 Senate Bill 1196 & 1222 (April 9, 2010).
STORAGE NAME: h0623e.COM.DOCX                                                                                 PAGE: 5
DATE: 2/24/2020
                      or any other entity in which a condominium association director is also a director or officer and
                      financially interested;
                 •    Any contract or document regarding the conflict of interest or possible conflict of interest of a
                      community association manager or a board member;
                 •    The notice of any unit owner meeting and the meeting's agenda, posted at least 14 days before
                      the meeting. The notice must be posted in plain view on the front page of the website or on a
                      separate subpage of the website labeled "Notices" which is conspicuously visible and linked on
                      the front page; and
                 •    Any documents to be considered during a meeting or listed on the meeting's agenda, which
                      must be posted at least seven days before the meeting where the document will be
                      considered. 22

            Effect of the Bill

            The bill allows a condominium association to post the required documents on a mobile application
            downloadable to a mobile device or to a website.

            Condominium Term Limits

            Current Situation

            Condominium association board members serve one-year terms, but a board member may serve a
            two-year term if allowed by the association's bylaws or articles of incorporation. 23

            In 2017, the Legislature passed a law prohibiting a condominium association board member from
            serving more than four consecutive two-year terms unless two-thirds of the total voting interests
            approve his or her continued service or there are not enough eligible candidates to fill board
            vacancies. 24

            In 2018, the Legislature amended the term limit provision for condominium board members to clarify
            that a board member could not serve more than eight consecutive years instead of four consecutive
            two-year terms. 25 Questions from the public remain about whether time served on a board prior to the
            enactment of the term limit provision counts toward the eight-year maximum. 26

            Effect of the Bill

            The bill provides that only board service occurring after July 1, 2018, counts towards a board member's
            eight-year maximum.

            Condominium Transfer Costs

            Current Situation

            A condominium association may not charge a potential buyer or renter costs or fees in connection with
            the sale, lease, sublease, or other transfer of a unit unless:
                • The fee is limited to $100 or less;
                • The fee is provided for in the association's governing documents; and


22
     S. 718.111 (12)(g), F .S.
23 S. 718.112(2)(d), F.S.
24 See House Analysis of 2017 House Bill 1237 (July 5, 2017).
25 See House Analysis of 2018 House Bill 841 (Mar. 27, 2018).
26 David G. Muller, Is new term limit restriction retroactive, Naples Daily News (Sept. 15, 2018)

https://www.naplesnews.com/story/money/real-estate/2018/09/15/new-term-limit-restriction-retroactive/1259991002/ (last visited Jan.
23, 2020).
STORAGE NAME: h0623e.COM.D0CX                                                                                                 PAGE: 6
DATE: 2/24/2020
           • The association approves the sale, lease, sublease, or transfer. 27
        A condominium association may require a potential renter to provide the association a security deposit
        equivalent to one month of rent. The association must place the security deposit in an escrow account
        maintained by the association. 28

        Effect of the Bill

        The bill provides that, in addition to a $100 administrative fee, a condominium association may charge
        a potential buyer or renter the actual cost to perform any background check or screening required in
        connection with the sale, mortgage, lease, sublease, or other transfer of a unit.

        Condominium Service Providers Conflicts of Interest

        Current Situation

        Prior to 2017, a condominium association could sign a contract for maintenance or management
        services with an entity in which a member of the association's board of directors had a financial
        interest. The contract had to disclose the board member's financial interest, and a discussion of the
        financial interest had to be in the minutes of the meeting at which the vote to authorize the contract was
        held. Any contract that failed to disclose such interest was unenforceable. 29 The contract also had to be
        affirmed by a two-thirds vote of the members of the board of directors present. The board member with
        a financial interest in the entity could not participate in the vote. 30

        In 2017, the Legislature passed a law prohibiting a condominium association from employing or
        contracting with any service provider in which a board member, or a relative of a board member within
        the third degree of consanguinity by blood or marriage, has a financial interest. This restriction does not
        apply if the board member or relative owns less than one percent of the equity shares of the service
        provider or to timeshare condominiums. 31

        Effect of the Bill

        The bill repeals the provision prohibiting a condominium association from employing or contracting with
        any service provider in which a board member or a relative of a board member has a financial
        relationship. However, the bill maintains the provision requiring a board member's financial interest be
        disclosed in the contract with the association and in the minutes of the meeting at which the board
        votes on the contract. Any contract that fails to disclose such interest is unenforceable. The contract
        also requires an affirmative vote of two-thirds of the board of directors present and prohibits a board
        member with a financial interest from participating in the vote. This restores the law applicable to board
        member conflicts of interest to its pre-2017 state.

        Condominium Electric Vehicle Charging and Natural Gas Fuel Stations

        Condominium Electric Vehicle Charging Stations - Current Situation

        In 2018, the Legislature passed a law prohibiting a condominium association from preventing a unit
        owner from installing an electric vehicle charging station within the boundaries of the unit owner's
        limited common element parking area. The electricity charges for the station must be separately
        metered by the unit owner. 32


 7
2 S. 718.112(2)(i), F.S.
28 /d.
29 S. 718.3026(3), F.S.
30 Id.
31 See House Analysis, supra note 24.
32 See House Analysis, supra note 25.
STORAGE NAME: h0623e.COM.DOCX                                                                               PAGE: 7
DATE: 2/24/2020
         The installation may not cause irreparable damage to the condominium property, and the association
         may require the unit owner to: 33
            • Comply with bona fide safety requirements, consistent with applicable building code or
                recognized safety standards;
            • Comply with reasonable architectural standards adopted by the association so long as such
                standards do not prohibit the installation of such station or substantially increase the cost;
            • Engage the services of a duly licensed and registered electrical contractor or engineer familiar
                with the installation and core requirements of an electric vehicle charging station;
            • Provide a certificate of insurance naming the association as an additional insured on the
                owner's insurance policy; and
            • Reimburse the association for the actual cost of any increased insurance premium amount
                attributable to the electric vehicle charging station.

         The costs of installation, operation, maintenance, repair, and removal are the responsibility of the unit
         owner or the owner's successor and the association may use their assessment powers to enforce the
         payment of such costs. 34

          The association must grant an implied easement across the common elements to the unit owner for the
          installation of the electric vehicle charging station and any necessary equipment for the furnishing of
          electrical power to the electric vehicle charging station. 35

          Natural Gas Fuel - Current Situation

          Natural gas fuel is any liquefied petroleum gas product, compressed natural gas product, or
          combination thereof used in a motor vehicle. 36 The term includes all forms of fuel commonly or
          commercial known or sold as natural gasoline, butane gas, propane gas, or any other form of liquefied
          petroleum gas, compressed natural gas, or liquefied natural gas. 37 However, the term does not include
          natural gas or liquefied petroleum placed in a separate tank of a motor vehicle for cooking, heating,
          water heating, or electric generation. 38

          Condominium Electric Vehicle Charging and Natural Gas Fuel Stations - Effect of the Bill

          The bill provides that a condominium is prohibited from preventing a unit owner from installing a natural
          gas fuel station or electric vehicle charging station within the boundaries of the unit owner's limited
          common element or exclusively designated parking area.

          The bill gives "natural gas fuel" the same meaning ass. 206.9951, F.S., and defines natural gas fuel
          vehicle to mean a motor vehicle powered by natural gas fuel.

          A unit owner installing a natural gas fuel station is subject to the same requirements as an owner
          installing an electric vehicle charging station. The unit owner is also responsible for the supply and
          storage of the natural gas fuel.

          The bill allows a unit owner to use an embedded meter to meter the electricity used by an electric
          vehicle charging or natural gas fuel station or to have the station separately metered.

          The bill also provides that the unit owner is responsible for complying with all federal, state, or local
          laws or regulations applicable to the installation, maintenance, or removal of electric vehicle charging or
          natural gas fuel stations.

33 S. 718.113(8), F.S.
34 Id.
35 Id.
36 S. 206.9951 (2), F .S.

37 Id.
3a Id.
STORAGE NAME: h0623e.COM.DOCX                                                                                 PAGE: 8
DATE: 2/24/2020
         Alternative Dispute Resolution

         Current Situation

         Condominiums and Cooperatives

         The Condominium and Cooperative Acts provide for an arbitration program within the Division for
         certain disputes between unit owners and associations. The Division employs full time arbitrators and
         certifies private attorneys for mandatory nonbinding arbitration. An arbitrator's final decision is not
         binding, and any party may further pursue a matter in civil court. However, the parties may agree to be
         bound by the arbitrator's decision. 39

         The Condominium and Cooperative Acts require a party to petition for arbitration with the Division
         before filing a complaint in civil court for the following disputes between an association and a unit
         owner: 40
            • Termination of an association.
            • Recall of a board member.
            • Disputes where the board:
                      o Requires an owner to take an action or refrain from any action involving the owner's unit.
                      o Alters or adds to a common element.
                      o Fails to provide proper notice for meetings or other actions.
                      o Fails to properly conduct elections.
                      o Fails to properly notice meetings.
                      o Fails to allow inspection of the association's records.

         The Division does not have jurisdiction for arbitration for the following disputes between a unit owner
         and an association:
            • Disagreements regarding the interpretation or enforcement of a warranty;
            • The charging of a fee or assessment;
            • The eviction or other removal of a tenant from unit;
            • Alleged breaches of fiduciary duty by one or more board members; and
            • Claims for damages to a unit based upon the alleged failure of the association to maintain the
                common elements or condominium property. 41

         The cost to petition the Division for arbitration is a $50 filing fee. The petition must include the specific
         nature of the dispute, demand for relief, and include proof that the petitioner provided the opposing
         party a notice of intent to petition for arbitration. Upon receipt of a petition for arbitration, the Division
         must determine if the dispute qualifies for arbitration. If the dispute does qualify for arbitration then the
         arbitrator must conduct the arbitration within 30 days. 42 The arbitrator must render his or her decision
         within 30 days of the arbitration. 43

         Either party in an arbitration proceeding may petition the arbitrator to have the proceeding sent to
         mediation. Upon the request for mediation, the arbitrator must contact all parties in the proceeding to
         determine if mediation is agreeable. An arbitrator may refer a proceeding to mediation even if all parties
         do not agree to mediation. 44

         If a matter is referred to mediation, the parties must select a mutually agreeable mediator. The
         arbitrator may provide a list of available mediators. Mediation is conducted in accordance with the

39 S. 718.1225, & 719.1255, F.S; DBPR Condominium Unit-Owner Rights and Responsibilities,

http://www.myfloridalicense.com/dbpr/lsc/documents/LSC4.pdf (last visited Mar. 27, 2019).
40 Id.
41 Id.
42 Id.
43 Id.
44 Id.
STORAGE NAME: h0623e.COM.DOCX                                                                                    PAGE: 9
DATE: 2/24/2020
         Florida Rules of Civil Procedure. The parties in a mediation are required to equally share the costs of
         mediation. 45



         Instead of arbitration, the HOA Act provides for a presuit mediation program for certain disputes
         between parcel owners and HOAs. The HOA act does not require mandatory arbitration by the Division
         unless the dispute involves elections or recalls of board members.

         The following disputes between parcel owners and HOAs must go to presuit mediation before a party
         can file suit in civil court:
            • Disputes involving the use of or changes to an owner's parcel or the common areas;
            • Covenant disputes;
            • Disputes regarding meetings of the board or committees of the board;
            • Disputes involving the meeting of owners that do not involve elections;
            • Access to the official records disputes; and
            • Disputes regarding amendments to the governing documents. 46

         The following disputes are not subject to presuit mediation:
            • Disputes involving the collection of assessments or other financial obligations; and
            • Actions to enforce a prior mediation agreement. 47

         An aggrieved party initiates the mediation proceedings by serving a written petition for mediation to the
         opposing party. The petition must be in the format provided in statute and must identify the specific
         nature of the dispute and the basis for the alleged violations. The written offer must include five certified
         mediators that the aggrieved party believes to be neutral. If emergency relief is required then a
         temporary injunction may be sought in court prior to the mediation. 48

         The opposing party has 20 days to respond. If the opposing party fails to respond or refuses to mediate
         then the aggrieved party may proceed to civil court. If the parties agree to mediation, the mediator must
         hold the mediation within 90 days of the petition being sent to the opposing parties. The parties share
         the costs of mediation except for the cost of attorney's fees. Mediation is confidential and persons who
         are not parties to the dispute may not attend the mediation. 49

         If mediation is not successful in resolving all the issues between the parties, the parties may proceed to
         civil court or may elect to enter into binding or non-binding arbitration by the Division. All parties to the
         dispute must agree to enter into arbitration by the Division. 50

         Effect of the Bill

         The bill authorizes a party to a condominium dispute to petition for presuit mediation in accordance with
         the HOA Act in lieu of arbitration prior to filing in civil court. However, the bill provides that election and
         recall disputes are not eligible for mediation in lieu of arbitration. Instead, election and recall disputes
         must be arbitrated by the Division or filed directly with a court of competent jurisdiction.


         Condominium and HOA Fines and Suspensions

         Current Situation

45 Id.
46
   S. 720.311, F.S; Peter M. Dunbar & Charles F. Dudley, The Law of Florida Homeowners Associations, 77-78 (91h ed. 2013).
47 Id.
48 Id.
49 Id.
so Id.
STORAGE NAME: h0623e.COM.D0CX                                                                                                PAGE: 10
DATE: 2/24/2020
            Condominium associations and HOAs may levy fines against or suspend the right of an owner,
            occupant, or an owner or occupant's guest, to use the common elements for failing to comply with any
            provision in the association's declaration, bylaws, or rules. 51

           A board may not impose a fine or suspension without giving at least 14 days' written notice of the fine
           or suspension and the opportunity for a hearing. The hearing must be held before a committee of unit
           or parcel owners who are not board members or residing in a board member's household. The role of
           the committee is to determine whether to confirm or reject the fine or suspension. 52

           A fine approved by the committee must be paid to the association five days after the committee
           meeting. The condominium or HOA must provide written notice of any fine or suspension by mail or
           hand delivery to the unit owner and, if applicable, to any tenant, licensee, or guest of the unit owner. 53

           Effect of the Bill

            The bill provides that if a fine is approved by the committee, it must be paid to the association five days
            after notice of the approved fine is sent to the unit or parcel owner and, if applicable, to any tenant,
            licensee, or invitee of the owner, instead of five days after the meeting approving the fine.


            Notice of Elections for Condominium Associations

            Current Situation

           Condominium Associations must mail, deliver, or electronically transmit notice of an election to unit
           owners at least 60 days before the election. Condominium associations must also mail, deliver, or
           electronically transmit a second notice of election to the unit owners along with a ballot listing all the
           candidates. However, no exact time is currently specified for the provision of the second notice. 54

           Effect of the Bill

           The bill provides that the second notice must be mailed, delivered, or electronically transmitted to unit
           owners not less than 14 days or more than 34 days prior to the election.

            Notice of Meetings for Condominium Associations

            Current Situation

           A condominium association must provide written notice of the association's annual meeting. The notice
           must include an agenda, and must be mailed, delivered, or electronically transmitted to each unit owner
           at least 14 days before the annual meeting. The notice must also be posted in a conspicuous place on
           condominium property for at least 14 continuous days before the annual meeting or repeatedly
           broadcast with the agenda on a closed-circuit cable television system serving the association. 55

            Effect of the Bill

           The bill provides that the requirements to provide written notice to each owner and conspicuously post
           such notice applies to all unit owner meetings, not just the annual meeting.


51 Ss. 718.303(3) and 720.305(2)(a), F.S.
52 Jd.
53 Jd.
54
     S. 718.112(2)(d), F.S.
55 S. 718.112(d), F.S.
STORAGE NAME: h0623e.COM.D0CX                                                                                    PAGE: 11
DATE: 2/24/2020
           The bill also provides that except for the annual meeting, the time-period that a condominium
           association must serve notice of meetings to the owners and conspicuously post such notice is
           determined by the association's bylaws. If the bylaws are silent, the notice must be sent to the unit
           owners and conspicuously posted at least 14 days before the meeting.

           Notice of Meetings for HOAs

            Current Situation

           HOAs must notice all board meetings by posting notice in a conspicuous place on the HOA's property
           for at least 48 hours. Notice must be posted 14 days before meetings where a nonemergency special
           assessment or an amendment to the rules regarding parcel use is considered. 56

           HOAs are required to notice all member meetings by mailing, hand delivering, or electronically
           transmitting notice before the meeting and posting the notice in a conspicuous place before the
           meeting. If an HOA opts to broadcast notice in lieu of posting notice, it must do so at least four times
           during every broadcast hour of each day. 57 Additionally, when notice of an HOA meeting is mailed or
           delivered to an owner's address it must be sent to the address identified as the parcel owner's mailing
           address on the property appraiser's website for the county in which the owner's parcel is located. 58

           In 2018, the Legislature passed a law allowing condominium and cooperatives to adopt rules for
           noticing all board and owner meetings on a website if the time requirements for physically posting the
           board meetings are met. Any rule adopted for website notice must require the association to send an
           electronic notice providing a hyperlink to the website where the notice is posted to all unit owners
           whose email addresses are part of the official records in the same manner as notice for a member
           meeting. Notice by website does not remove the requirement to comply with the other notice
           requirements. 59

           Effect of the Bill

           The bill amends HOA law to mirror condominium and cooperative law by allowing HOAs to adopt rules
           for noticing all board and owner meetings on a website if the time requirements for physically posting
           the notices are met. Any rule adopted for website notice must include a requirement that the
           association send an electronic notice providing a hyperlink to the website where the notice is posted to
           all parcel owners whose email addresses are part of the official records in the same manner as notice
           for a member meeting. Notice by website must be in addition to the other notice requirements.

           The bill also provides that when notice of a meeting is mailed or delivered to an owner's address it must
           be sent to the address identified as the parcel owner's mailing address in the HOA's official records,
           instead of the address identified as the parcel's owner's mailing address on the property appraiser's
           website.

            Cooperative Associations Video Conferencing

            Current Situation

            Cooperative association board members and committee members may attend meetings by telephone.
            If a board or committee member attends a meeting by telephone, a speaker must be used so the
            member may be heard by the rest of the board or committee and by any unit owners in attendance. 60


56
     Ss. 718.112(2), 719.106(1 ), & 720.303(2)(c), F.S.
57 Id.
58 S. 720.306(1)(9), F.S.
59
     See House Analysis, supra note 25.
60
     S. 719.106(l)(b), F.S.
STORAGE NAME: h0623e.COM.DOCX                                                                                 PAGE: 12
DATE: 2/24/2020
           Effect of the Bill

           The bill provides that cooperative association board members and committee members may attend
           meetings by telephone, real time video conferencing, or by using a similar real-time electronic or video
           communication. If a board or committee member attends a meeting by telephone, video, or electronic
           or video communication, a speaker must be used so the member may be heard by the rest of the board
           or committee and by any unit owners in attendance.

           HOA Swimming Pools

           Current Situation

           The Department of Health (DOH) is responsible for the oversight and regulation of water quality and
           safety of public swimming pools in Florida under ch. 514, F.S. In order to operate or continue to operate
           a public swimming pool, a valid operating permit from DOH must be obtained. If DOH determines that
           the public swimming pool is, or may reasonably be expected to be, operated in compliance with state
           laws and rules, DOH will issue a permit. However, if it is determined that the pool is not in compliance
           with state laws and rules, the application for a permit will be denied. DOH is authorized to establish a
           schedule of fees for plan approval and permitting. 61 Operating permits must be renewed annually and
           may be transferred from one name or owner to another. 62

           DOH may, at any reasonable time, enter any and all parts of a public swimming pool to examine and
           investigate the pool's sanitary and safety conditions. 63 County health departments are responsible for
           the routine surveillance of water quality in all public swimming pools. 64

           Pools that are used by condominiums or cooperatives with 32 units or less and which are not being
           operated as public lodging establishments are exempt from DOH's public pools requirements, except
           for maintaining water quality standards. 65 HOA pools are not exempt from DOH regulation even where
           the HOA has 32 homes or less.

           Effect of the Bill

           The bill provides that pools for HOAs and other property associations that have 32 parcels or less and
           are not being operated as public lodging establishments are also exempt from DOH's public pools
           requirements, except for maintaining water quality standards.

           Condominium Ombudsman

           Current Situation

           Within the Division is housed the Office of the Condominium Ombudsman (Ombudsman). The
           Ombudsman is an attorney appointed by the Governor to serve as a neutral resource for unit owners
           and condominium associations. The Ombudsman is authorized to prepare and issue reports and
           recommendations to the Governor, the Division, and the Legislature on any matter or subject within the
           jurisdiction of the Division. In addition, the Ombudsman may make recommendations to the Division for
           changes in rules and procedures for the filing, investigation, and resolution of complaints. 66




61 S. 514.033, F.S.
62 Ss. 514.031(2) and (3), F.S.
63 S. 514.04, F.S.
64 S. 514.025, F.S.

65 S. 514.0115(2), F.S.
66
     Ss. 718.5011 & 718.5012, F.S.
STORAGE NAME: h0623e.COM.DOCX                                                                                PAGE: 13
DATE: 2/24/2020
         The Ombudsman also acts as a liaison between the Division, unit owners, and condominium
         associations and is responsible for developing policies and procedures to help affected parties
         understand their rights and responsibilities. 67

         The Ombudsman is required to keep his or her principal office in Leon County, Florida, on Division
         premises or, if suitable space cannot be provided on such premises, in a place convenient to the
         Division. However, the Ombudsman may establish branch offices elsewhere in the state with the
         Governor's approval.

         Effect of the Bill

         The bill deletes the requirement that the Ombudsman keep his or her principal office in Leon County,
         Florida, but maintains the requirement that the Ombudsman's office be in a place convenient to the
         Division.

         The Fourteenth Amendment of the U.S. Constitution and Article II of the Florida Constitution

         Current Situation

         Section 1 of the Fourteenth Amendment of the U.S. Constitution provides that: 68
            • Every person born or naturalized in the U.S. is a citizen of the U.S. and the state where they
                live;
            • Every person has equal protection of the laws;
            • No state may curtail the privileges or immunities of citizens; and
            • No state may deprive any person of life, liberty, or property without due process.

         The Fourteenth Amendment only applies to the states, not private parties. However, the United States
         Supreme Court ruled that a racially restrictive private covenant in a land deed violates the Fourteenth
         Amendment. The Supreme Court determined that even though a restrictive covenant is between private
         parties, because a state court was the entity that had to enforce the covenant, the covenant violated the
         Fourteenth Amendment. 69

         According to news articles, residents in Florida and across the country have discovered old restrictions
         and covenants in deeds and community association governing documents prohibiting minorities from
         owning or renting property in the neighborhood. These restrictions cannot be enforced because they
         violate the Fourteenth Amendment as well as the Federal Fair Housing Act and the Florida Fair
         Housing Act, which applies if the property is in Florida. 70 However, these restrictions and covenants can
         be difficult to remove. 71

         Article I, section 2, of the Florida Constitution is similar to the Fourteenth Amendment in the U.S.
         Constitution, establishing the basic rights of all natural persons in Florida and providing that all such
         persons: 72


67 Id.
68 U.S. Const. amend. XIV, §1.
69 Shelley v. Kramer, 68 S.Ct. 836 (U.S. 1948).
70
   The Federal Fair Housing Act and the Florida Fair Housing Act prohibit discrimination in home sales, financing, and rentals based on
race, color, sex, pregnancy, disability, nationality, religion, and familial status. See 42 U.S.C. § 3601-189; See Ch. 760, part II, F.S.
71
   TaMaryn Waters, Attorney Wants outdated, racist covenant language in Betton Hills stripped, Tallahassee Democrat (July 1, 2019),
https://www.tallahassee.com/story/news/money/2019/07/01 /attorney-wants-outdated-racist-covenant-language-betton-h ills-stripped-
tallahassee/1546406001 / (last visited Jan. 23, 2020); Judy L. Thomas, 'Curse of covenant' persists - restrictive roles, while
unenforceable, have lingering legacy, The Kansas City Star (July 27, 2016),
https://www.kansascity.com/news/local/article92156112.html (last visited Jan. 23, 2020); Rachel Spacek, 'No persons other than
persons of the White race': Racist language remains in older Idaho homes' documents, Idaho Press (Nov. 5, 2019),
https://www.idahopress.com/news/local/no-persons-other-than-persons-of-the-white-race-racist/article 167d 13e 1-59ce-5f03-b 1e 1-
771709da5e4b. html (last visited Jan. 23, 2020).
72
   Art. I, s. 2, Fla. Const.
STORAGE NAME: h0623e.COM.DOCX                                                                                                   PAGE: 14
DATE: 2/24/2020
           •   Are equal before the law;
           •   Have inalienable rights, including the right to:
                  o Enjoy and defend life and liberty;
                  o Pursue happiness;
                  o Be rewarded for industry; and
                   o To acquire, possess, and protect property; and
           •   May not be deprived of any right because of race, religion, national origin, or physical disability.

       Effect of the Bill

       The bill restates that any provision in a community association's declaration, bylaws, or rules that
       violates any right under the Fourteenth Amendment of the U.S. Constitution or article I, section 2 of the
       Florida Constitution is void and unenforceable, and no action is required by an association to remove or
       amend such provisions because they cannot be enforced.

       The bill also provides that a community association may record a notice in the county in which it is
       located indicating that it does not intend to enforce any regulation in its declaration, bylaws, or rules that
       violates the Fourteenth Amendment of the U.S. Constitution or article I, section 2 of the Florida
       Constitution. However, the bill specifies that an association's failure to record such notice may not be
       the basis for liability or evidence of discrimination or an intent to discriminate.

   B. SECTION DIRECTORY:
       Section 1: Amends s. 514.0015, F.S., relating to exemptions from supervision or regulation; variances.


       Section 2: Amends s. 627.714, F.S., relating to residential condominium unit owner coverage; loss
                  assessment coverage required.


       Section 3: Amends s. 718.111, F.S., relating to the association.


       Section 4: Amends s. 718.112, F.S, relating to bylaws.


       Section 5: Amends s. 718.113, F.S., relating to maintenance; limitation upon improvement; display of
                  flag; hurricane shutters and protection; display of religious decorations.

       Section 6: Amends s. 718.1255, F.S., relating to alternative dispute resolution; voluntary mediation,
                  mandatory nonbinding arbitration; legislative findings.

       Section 7: Amends s. 718.303, F.S., relating to obligations of owners and occupants; remedies.


       Section 8: Amends s. 718.5014, F.S., relating to ombudsman location.


       Section 9: Amends s. 719.103, F.S., relating to definitions.


       Section 10: Amends s. 719.104, F.S., cooperatives; access to units; records; financial reports;
                 assessments; purchase of leases.


       Section 11: Amends s. 719.106, F.S., relating to bylaws; cooperative ownership.


STORAGE NAME: h0623e.COM.DOCX                                                                                PAGE: 15
DATE: 2/24/2020
           Section 12: Amends s. 720.303, F.S., relating to association powers and duties; meetings of board;
                      official records; budgets; financial reporting; association funds; recalls.


           Section 13: Amends s. 720.305, F.S., relating to obligations of members; remedies at law or in equity;
                      levy of fines and suspension of use rights.
           Section 14: Amends s. 720.306, F.S., relating to meetings of members; voting and election
                      procedures; amendments.


           Section 15: Amends s. 720.3075, F.S, relating to prohibited clauses in association documents.


           Section 16: Provides an effective date of July 1, 2020.

                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

      A. FISCAL IMPACT ON STATE GOVERNMENT:

           1. Revenues:
               See Fiscal Comments.

           2. Expenditures:
               See Fiscal Comments.

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

           1. Revenues:
               None.

           2. Expenditures:
               None.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
           It is unknown if prohibiting condominium owners' insurance policies from providing rights of subrogation
           against the association will increase or decrease the cost of condominium unit owners' insurance
           policies.

           According to DBPR, "The proposal regarding presuit mediation as an option to arbitration will raise
           costs to unit owners involved in a dispute with their association." 73

       D. FISCAL COMMENTS:
           It is unknown whether the change in classification of cooperatives from personal to real property for the
           purpose of estate taxes or laws related to devise and descent will have an impact on state revenue.


                                                         Ill. COMMENTS

      A. CONSTITUTIONAL ISSUES:

           1. Applicability of Municipality/County Mandates Provision:

73
     Florida Department of Business and Professional Regulation, Agency Analysis of2020 House Bill 623, p. 6 (February 7, 2020).
STORAGE NAME: h0623e.COM.D0CX                                                                                              PAGE: 16
DATE: 2/24/2020
                 Not applicable. The bill does not appear to effect county or municipal governments.

             2. Other:
                 None.

       B. RULE-MAKING AUTHORITY:
             None.

       C. DRAFTING ISSUES OR OTHER COMMENTS:
            According to DBPR, 74
               "Benefits of current situation regarding Arbitration:
                       • Section 718.1255(3)(a), F.S., provides that the Legislature finds that unit owners
                          are frequently at a disadvantage when litigating against an association as the
                          association is better able to bear the costs and expenses of litigation than a unit
                          owner who must rely their own financial resources.
                       • More efficient and cost-effective option to court litigation as the filing fee is only
                          $50.
                       • Speedier than court which will have a significant delay.
                       • Awarding of attorney fees to the prevailing party is determined by the division.
                       • No cost mediation currently offered by the division.
                       • Since 2006, less than 1% of arbitration cases are challenged by a Trial De Novo.
                       • Since 2009, 88% of the cases filed with arbitration are concluded by arbitration,
                          with only 12% concluded by mediation.

                  Disadvantages and costs associated to unit owners with the proposal [provisions contained
                  in the bill]:
                          • Pursuant to s. 720.311 (2)(a), F.S., an average mediation may require three to
                                four hours of a mediator's time, plus preparation time.
                          • Private mediators typically charge $300 to $500 hundred per hour. Four hours of
                                mediation and two hours of preparation time at $300 per hour would result in a
                                $1,800 cost. The unit owner in the dispute would owe $900 in addition to the unit
                                owner's cost to obtain an attorney.
                          • Currently, only 12% of all arbitration cases are referred to mediation. Of the
                                12%, there is only a 37% success rate for mediation.
                          • Allow the parties to bypass arbitration for condominium recall and election
                                disputes and requiring civil court action. However, court trials of condominium
                                recalls and election disputes will not be completed prior to next annual election.
                          • Comparing a condominium association to a homeowners' association as
                                disputes in each are currently handled differently.
                          • The proposal appears to contradict the legislative findings in s. 718.1255(3)(a),
                                F.S."

                                IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
       On December 11, 2019, the Business & Professions Subcommittee adopted a strike-all amendment and
       reported the bill favorably as a committee substitute. The committee substitute:
          • Corrects a scrivener's error by correcting a reference to the Florida Constitution, from article II, to
              article I, section 2.
          • Permits a unit owner in a condominium association to install an alternative fuel station for an
              alternative fuel motor vehicle within the boundaries of the owner's limited common element or
              exclusively designated parking area.


74
     Id. at 7.
STORAGE NAME: h0623e.COM.D0CX                                                                                        PAGE: 17
DA TE: 2/24/2020
   On January 22, 2020, the Civil Justice Subcommittee adopted a strike-all amendment and reported the bill
   favorably as a committee substitute. The amendment:
      • Clarified that the records a condominium association must maintain are written records related to the
         association's obligation.
      • Required condominium association bylaws to provide for mandatory alternative dispute resolution,
         not just mandatory non-binding arbitration.
      • Changes references from "alternative fuel station" to "natural gas fuel station," providing that a
         condominium association may not prevent a unit owner from installing a natural gas fuel station
         within his or her exclusively-designated or limited common element parking space.
      • Required either mandatory non-binding arbitration or presuit mediation of condominium disputes
         prior to initiating litigation of the dispute in court, with the exception of election and recall disputes,
         which must be arbitrated by the Division or filed with a court of competent jurisdiction.

   This analysis is drafted to the committee substitute to the committee substitute as passed by the Civil
   Justice Subcommittee.




STORAGE NAME: h0623e.COM.DOCX                                                                                PAGE: 18
DATE: 2/24/2020
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/H B623                                                                   2020




    1                                         A bill to be entitled
    2               An act relating to community associations; amending s.
    3               514.0115, F.S.; exempting certain property association
    4               pools from Department of Health regulations; amending
    5               s. 627.714, F.S.; prohibiting subrogation rights
    6               against a condominium association under certain
    7               circumstances; amending s. 718.111, F.S.; requiring
    8               certain records to be maintained for a specified time;
    9               prohibiting an association from requiring certain
10                  actions related to the inspection of records; revising
11                  requirements relating to certain condominium
12                  associations posting digital copies of certain
13                  documents; amending s. 718.112, F.S.; prohibiting
14                  certain provisions in governing documents; authorizing
15                  the association to record certain notice in the public
16                  record; limiting liability; specifying that only board
17                  service that occurs on or after a specified date may
18                  be used for calculating a board member's term limit;
19                  providing requirements for certain notices;
20                  prohibiting an association from charging certain fees;
21                  providing an exception; requiring certain governing
22                  documents to provide for mandatory alternative dispute
23                  resolution instead of arbitration; deleting a
24                  prohibition against employing or contracting with
25                  certain service providers; amending s. 718.113, F.S.;

                                                         Page 1 of 52

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0623-02-c2
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 623                                                                  2020




26               revising regulations for electric vehicles; providing
27               definitions; providing that an association may not
28               prohibit a unit owner from installing a natural gas
29               fuel station; providing requirements for installing
30               such fuel station; amending s. 718.1255, F.S.;
31               revising alternative dispute resolution requirements;
32               authorizing parties to initiate presuit mediation
33               rather than arbitration in certain disputes; amending
34               s. 718.303, F.S.; revising requirements for certain
35               actions for failure to comply with specified
36               provisions; revising requirements for certain fines;
37               amending s. 718.5014, F.S.; revising the location of
38               the principal office of the Office of the Condominium
39               Ombudsman; amending s. 719.103, F.S.; revising the
40               definition of the term "unit" to specify that an
41               interest in a cooperative unit is an interest in real
42               property; amending s. 719.104, F.S.; prohibiting an
43               association from requiring certain actions related to
44               the inspection of records; amending s. 719.106, F.S.;
45               revising provisions related to a quorum and voting
46               rights for members remotely participating in meetings;
47               prohibiting certain provisions in governing documents;
48               authorizing the association to record certain notice
49               in the public record; limiting liability; amending s.
50               720.303, F.S.; authorizing an association to adopt

                                                      Page 2 of 52

     CODING: Words striskeA are deletions; words underlined are additions.
                                                                                    hb0623-02-c2
F    L   O   R     D A        H    O   U   S   E     0   F      REPRESENTATIVES




         CS/CS/H B623                                                                                2020




51               procedures for electronic meeting notices; revising
52               the documents that constitute the official records of
53               an association; amending s. 720.305,                        F.S.; providing
54               requirements for certain fines; amending s. 720.306,
55               F.S.; revising requirements for providing certain
56               notices; amending s. 720.3075,                   F.S.; prohibiting
57               certain provisions in governing documents; authorizing
58               the association to record certain notice in the public
59               record; limiting liability; providing an effective
60               date.
61
62       Be It Enacted by the Legislature of the State of Florida:
63
64               Section 1.         Paragraph (a)         of subsection (2)         of section
65       514.0115,       Florida Statutes, is amended to read:
66               514.0115         Exemptions from supervision or regulation;
67       variances.-
68               (2) (a)     Pools serving condominium, cooperative, and
69       homeowners' associations, as well as other property
70       associations, which have no more than 32 condominium or
71       cooperative units or parcels and which are not operated as a
72       public lodging establishments are establishment shall be exempt
73       from supervision under this chapter, except for water quality.
74               Section 2.         Subsection (4)           of section 627.714,       Florida
75       Statutes,       is amended to read:

                                                      Page 3 of 52

     CODING: Words striskeA are deletions; words underlined are additions.
                                                                                                 hb0623-02-c2
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 623                                                                           2020




 76               627.714      Residential condominium unit owner coverage; loss
 77       assessment coverage required.-
 78               (4)     Every individual unit owner's residential property
 79       policy must contain a provision stating that the coverage
 80       afforded by such policy is excess coverage over the amount
 81       recoverable under any other policy covering the same property.
 82       If a condominium association's insurance policy does not provide
 83       rights for subrogation against the unit owners in the
 84       association, an insurance policy issued to an individual unit
 85       owner located in the association may not provide rights of
 86       subrogation against the condominium association.
 87               Section 3.        Paragraphs (a) ,          (b) ,   ( c) , and ( g) of subsection
 88       (12) of section 718.111, Florida Statutes, are amended to read:
 89               718.111       The association.-
 90               (12)       OFFICIAL RECORDS.-
 91               (a)     From the inception of the association, the association
 92       shall maintain each of the following items, if applicable, which
 93       constitutes the official records of the association:
 94               1.     A copy of the plans, permits, warranties, and other
 95       items provided by the developer pursuant to s. 718.301(4).
 96               2.     A photocopy of the recorded declaration of condominium
 97       of each condominium operated by the association and each
 98       amendment to each declaration.
 99               3.     A photocopy of the recorded bylaws of the association
100       and each amendment to the bylaws.

                                                       Page 4 of 52

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                             hb0623-02-c2
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 623                                                                   2020




101               4.     A certified copy of the articles of incorporation of
102       the association, or other documents creating the association,
103       and each amendment thereto.
104               5.     A copy of the current rules of the association.
105               6.     A book or books that contain the minutes of all
106       meetings of the association, the board of administration, and
107       the unit owners.
108               7.     A current roster of all unit owners and their mailing
109       addresses, unit identifications, voting certifications, and, if
110       known, telephone numbers. The association shall also maintain
111       the e-mail addresses and facsimile numbers of unit owners
112       consenting to receive notice by electronic transmission. Thee-
113       mail addresses and facsimile numbers are not accessible to unit
114       owners if consent to receive notice by electronic transmission
115       is not provided in accordance with sub-subparagraph (c)3.e.
116       However, the association is not liable for an inadvertent
117       disclosure of the e-mail address or facsimile number for
118       receiving electronic transmission of notices.
119               8.     All current insurance policies of the association and
120       condominiums operated by the association.
121               9.     A current copy of any management agreement, lease, or
122       other contract to which the association is a party or under
123       which the association or the unit owners have an obligation or
124       responsibility.
125               10.     Bills of sale or transfer for all property owned by

                                                       Page 5 of 52

      CODING: Words striokeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                   2020




126       the association.
127               11.     Accounting records for the association and separate
128       accounting records for each condominium that the association
129       operates. Any person who knowingly or intentionally defaces or
130       destroys such records, or who knowingly or intentionally fails
131       to create or maintain such records, with the intent of causing
132       harm to the association or one or more of its members, is
133       personally subject to a civil penalty pursuant to s.
134       718. 501 ( 1) (d). The accounting records must include, but are not
135       limited to:
136               a.     Accurate, itemized, and detailed records of all
137       receipts and expenditures.
138               b.     A current account and a monthly, bimonthly, or
139       quarterly statement of the account for each unit designating the
140       name of the unit owner, the due date and amount of each
141       assessment, the amount paid on the account, and the balance due.
142               c.     All audits, reviews, accounting statements, and
143       financial reports of the association or condominium.
144               d.     All contracts for work to be performed. Bids for work
145       to be performed are also considered official records and must be
146       maintained by the association for at least 1 year after receipt
147       of the bid.
148               12.     Ballots, sign-in sheets, voting proxies, and all other
149       papers and electronic records relating to voting by unit owners,
150       which must be maintained for 1 year from the date of the

                                                       Page 6 of 52

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
FLORIDA                        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 623                                                                    2020




151      election, vote, or meeting to which the document relates,
152      notwithstanding paragraph (b).
153              13.     All rental records if the association is acting as
154      agent for the rental of condominium units.
155              14.     A copy of the current question and answer sheet as
156      described ins. 718.504.
157              15.     All other written records of the association not
158      specifically included in the foregoing which are related to the
159      operation of the association.
160              15.-±-6-.-   A copy of the inspection report as described ins.
161      718.301(4) (p).
162              16.-1-+-.-   Bids for materials, equipment, or services.
163              17.     All other written records of the association not
164      specifically included in subparagraphs 1.-16. which are related
165      to the operation of the association.
166               (b)    The official records specified in subparagraphs (a)l.-
167      6. must be permanently maintained from the inception of the
168      association. Bids for work to be performed or for materials,
169      equipment, or services must be maintained for at least 1 year
170      after receipt of the bid. All other official records must be
171      maintained within the state for at least 7 years, unless
172      otherwise provided by general law. The records of the
173      association shall be made available to a unit owner within 45
174      miles of the condominium property or within the county in which
175      the condominium property is located within 10 working days after

                                                       Page 7 of 52

      CODING: Words stFieken are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                   2020




176       receipt of a written request by the board or its designee.
177       However, such distance requirement does not apply to an
178       association governing a timeshare condominium. This paragraph
179       may be complied with by having a copy of the official records of
180       the association available for inspection or copying on the
181       condominium property or association property, or the association
182       may offer the option of making the records available to a unit
183       owner electronically via the Internet or by allowing the records
184       to be viewed in electronic format on a computer screen and
185       printed upon request. The association is not responsible for the
186       use or misuse of the information provided to an association
187       member or his or her authorized representative in pursuant to
188       -Hte compliance with requirements of this chapter unless the
189       association has an affirmative duty not to disclose such
190       information under pursuant to this chapter.
191               (c)l.     The official records of the association are open to
192       inspection by any association member or the authorized
193       representative of such member at all reasonable times. The right
194       to inspect the records includes the right to make or obtain
195       copies, at the reasonable expense, if any, of the member or
196       authorized representative of such member. A renter of a unit has
197       a right to inspect and copy the association's bylaws and rules.
198       The association may adopt reasonable rules regarding the
199       frequency,       time, location, notice, and manner of record
200       inspections and copying, but may not require a member to

                                                       Page 8 of 52

      CODING: Words strickeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
F     L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/H B623                                                            2020




201       demonstrate any purpose or state any reason for the inspection.
202       The failure of an association to provide the records within 10
203       working days after receipt of a written request creates a
204       rebuttable presumption that the association willfully failed to
205       comply with this paragraph. A unit owner who is denied access to
206       official records is entitled to the actual damages or minimum
207       damages for the association's willful failure to comply. Minimum
208       damages are $50 per calendar day for up to 10 days, beginning on
209       the 11th working day after receipt of the written request. The
210       failure to permit inspection entitles any person prevailing in
211       an enforcement action to recover reasonable attorney fees from
212       the person in control of the records who, directly or
213       indirectly, knowingly denied access to the records.
214               2.     Any person who knowingly or intentionally defaces or
215       destroys accounting records that are required by this chapter to
216       be maintained during the period for which such records are
217       required to be maintained, or who knowingly or intentionally
218       fails to create or maintain accounting records that are required
219       to be created or maintained, with the intent of causing harm to
220       the association or one or more of its members, is personally
221       subject to a civil penalty under pursuant to s. 718.501 (1) (d).
222               3.     The association shall maintain an adequate number of
223       copies of the declaration, articles of incorporation, bylaws,
224       and rules, and all amendments to each of the foregoing, as well
225       as the question and answer sheet as described ins. 718.504 and

                                                       Page 9 of 52

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                              hb0623-02-c2
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 623                                                                   2020




226       year-end financial information required under this section, on
227       the condominium property to ensure their availability to unit
228       owners and prospective purchasers, and may charge its actual
229       costs for preparing and furnishing these documents to those
230       requesting the documents. An association shall allow a member or
231       his or her authorized representative to use a portable device,
232       including a smartphone, tablet, portable scanner, or any other
233       technology capable of scanning or taking photographs, to make an
234       electronic copy of the official records in lieu of the
235       association's providing the member or his or her authorized
236       representative with a copy of such records. The association may
237       not charge a member or his or her authorized representative for
238       the use of a portable device. Notwithstanding this paragraph,
239       the following records are not accessible to unit owners:
240               a.     Any record protected by the lawyer-client privilege as
241       described ins. 90.502 and any record protected by the work-
242       product privilege, including a record prepared by an association
243       attorney or prepared at the attorney's express direction, which
244       reflects a mental impression, conclusion, litigation strategy,
245       or legal theory of the attorney or the association, and which
246       was prepared exclusively for civil or criminal litigation or for
247       adversarial administrative proceedings, or which was prepared in
248       anticipation of such litigation or proceedings until the
249       conclusion of the litigation or proceedings.
250               b.     Information obtained by an association in connection

                                                      Page 10 of 52

      CODING: Words strisken are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                   2020




251       with the approval of the lease, sale, or other transfer of a
252       unit.
253               c.     Personnel records of association or management company
254       employees, including, but not limited to, disciplinary, payroll,
255       health, and insurance records. For purposes of this sub-
256       subparagraph, the term "personnel records'' does not include
257       written employment agreements with an association employee or
258       management company, or budgetary or financial records that
259       indicate the compensation paid to an association employee.
260               d.     Medical records of unit owners.
261               e.     Social security numbers, driver license numbers, credit
262       card numbers, e-mail addresses, telephone numbers, facsimile
263       numbers, emergency contact information, addresses of a unit
264       owner other than as provided to fulfill the association's notice
265       requirements, and other personal identifying information of any
266       person, excluding the person's name, unit designation, mailing
267       address, property address, and any address, e-mail address, or
268       facsimile number provided to the association to fulfill the
269       association's notice requirements. Notwithstanding the
270       restrictions in this sub-subparagraph, an association may print
271       and distribute to unit parcel owners a directory containing the
272       name, unit parcel address, and all telephone numbers of each
273       unit parcel owner. However, an owner may exclude his or her
274       telephone numbers from the directory by so requesting in writing
275       to the association. An owner may consent in writing to the

                                                      Page 11 of 52

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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/H B623                                                                   2020




276       disclosure of other contact information described in this sub-
277       subparagraph. The association is not liable for the inadvertent
278       disclosure of information that is protected under this sub-
279       subparagraph if the information is included in an official
280       record of the association and is voluntarily provided by an
281       owner and not requested by the association.
282               f.     Electronic security measures that are used by the
283       association to safeguard data, including passwords.
284               g.     The software and operating system used by the
285       association which allow the manipulation of data, even if the
286       owner owns a copy of the same software used by the association.
287       The data is part of the official records of the association.
288               (g)l.       By January 1, 2019, an association managing a
289       condominium with 150 or more units which does not contain
290       timeshare units shall post digital copies of the documents
291       specified in subparagraph 2. on its website or make such
292       documents available through an application that can be
293       downloaded on a mobile device.
294               a.     The association's website or application must be:
295               (I)     An independent website, application, or web portal
296       wholly owned and operated by the association; or
297               (II)       A website, application, or web portal operated by a
298       third-party provider with whom the association owns, leases,
299       rents, or otherwise obtains the right to operate a web page,
300       subpage, web portal, er collection of subpages or web portalsL

                                                      Page 12 of 52

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                   2020




301       or application which is dedicated to the association's
302       activities and on which required notices, records, and documents
303       may be posted or made available by the association.
304               b.     The association's website or application must be
305       accessible through the Internet and must contain a subpage, web
306       portal, or other protected electronic location that is
307       inaccessible to the general public and accessible only to unit
308       owners and employees of the association.
309               c.     Upon a unit owner's written request, the association
310       must provide the unit owner with a username and password and
311       access to the protected sections of the association's website or
312       application that contain any notices, records, or documents that
313       must be electronically provided.
314               2.     A current copy of the following documents must be
315       posted in digital format on the association's website or
316       application:
317               a.     The recorded declaration of condominium of each
318       condominium operated by the association and each amendment to
319       each declaration.
320               b.     The recorded bylaws of the association and each
321       amendment to the bylaws.
322               c.     The articles of incorporation of the association, or
323       other documents creating the association, and each amendment to
324       the articles of incorporation or other documents thereto. The
325       copy posted pursuant to this sub-subparagraph must be a copy of

                                                      Page 13 of 52

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                  2020




326       the articles of incorporation filed with the Department of
327       State.
328               d.     The rules of the association.
329               e.     A list of all executory contracts or documents to which
330       the association is a party or under which the association or the
331       unit owners have an obligation or responsibility and, after
332       bidding for the related materials, equipment, or services has
333       closed, a list of bids received by the association within the
334       past year. Summaries of bids for materials, equipment, or
335       services which exceed $500 must be maintained on the website or
336       application for 1 year. In lieu of summaries, complete copies of
337       the bids may be posted.
338               f.     The annual budget required bys. 718.112(2) (f) and any
339       proposed budget to be considered at the annual meeting.
340               g.     The financial report required by subsection (13) and
341       any monthly income or expense statement to be considered at a
342       meeting.
343               h.     The certification of each director required bys.
344       718 .112 (2) (d) 4 .b.
345               i.     All contracts or transactions between the association
346       and any director, officer, corporation, firm, or association
347       that is not an affiliated condominium association or any other
348       entity in which an association director is also a director or
349       officer and financially interested.
350               j.     Any contract or document regarding a conflict of

                                                      Page 14 of 52

      CODING: Words stFiekeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         CS/CS/H B623                                                                    2020




351      interest or possible conflict of interest as provided in ss.
352      4 6 8 . 4 3 6 ( 2) ( b) 6. and 718 . 3 0 2 7 ( 3) .
353              k.     The notice of any unit owner meeting and the agenda for
354      the meeting, as required bys. 718.112(2) (d)3., no later than 14
355      days before the meeting. The notice must be posted in plain view
356      on the front page of the website or application, or on a
357      separate subpage of the website or application labeled "Notices"
358      which is conspicuously visible and linked from the front page.
359      The association must also post on its website or application any
360      document to be considered and voted on by the owners during the
361      meeting or any document listed on the agenda at least 7 days
362      before the meeting at which the document or the information
363      within the document will be considered.
364              1.     Notice of any board meeting, the agenda, and any other
365      document required for the meeting as required bys.
366      718.112(2) (c), which must be posted no later than the date
367      required for notice under pursuant to s. 718.112(2) (c).
368              3.     The association shall ensure that the information and
369      records described in paragraph (c), which are not allowed to be
370      accessible to unit owners, are not posted on the association's
371      website or application. If protected information or information
372      restricted from being accessible to unit owners is included in
373      documents that are required to be posted on the association's
374      website or application, the association shall ensure the
375      information is redacted before posting the documents onlinc.

                                                      Page 15 of 52

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
FLORIDA                        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 623                                                                                 2020




376      Notwithstanding the foregoing,                    the association or its agent is
377      not liable for disclosing information that is protected or
378      restricted under pursuant to this paragraph unless such
379      disclosure was made with a knowing or intentional disregard of
380      the protected or restricted nature of such information.
381              4.     The failure of the association to post information
382      required under subparagraph 2. is not in and of itself
383      sufficient to invalidate any action or decision of the
384      association's board or its committees.
385              Section 4.         Paragraphs        ( d) ,    ( i) ,   ( k) , and (p)   of subsection
386       (2)   of section 718.112,             Florida Statutes, are amended, and
387      paragraph (c)          of subsection (1)              is added to that section, to
388      read:
389              718.112        Bylaws.-
390               (1)    GENERALLY.-
391               (c)    Any provision of the declaration, the association
392      bylaws, or reasonable rules or regulations of the association
393      which diminish or infringe upon any right protected under the
394      Fourteenth Amendment to the United States Constitution ors. 2,
395      Art. I of the State Constitution is void and unenforceable
396      without further action of the association. The association may
397      record a notice in the public records of the county in which the
398      condominium is located evidencing its intention to not enforce
399      such provision. The failure of the association to record a
400      notice in the public record may not be the basis for liability

                                                      Page 16 of 52

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                                  hb0623-02-c2
F     L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 623                                                            2020




401       or evidence of discrimination or a discriminatory intention.
402               (2)     REQUIRED PROVISIONS.-The bylaws shall provide for the
403       following and, if they do not do so, shall be deemed to include
404       the following:
405               (d)     Unit owner meetings.-
406               1.     An annual meeting of the unit owners must be held at
407       the location provided in the association bylaws and, if the
408       bylaws are silent as to the location, the meeting must be held
409       within 45 miles of the condominium property. However, such
410       distance requirement does not apply to an association governing
411       a timeshare condominium.
412               2.     Unless the bylaws provide otherwise, a vacancy on the
413       board caused by the expiration of a director's term must be
414       filled by electing a new board member, and the election must be
415       by secret ballot. An election is not required if the number of
416       vacancies equals or exceeds the number of candidates. For
417       purposes of this paragraph, the term "candidate" means an
418       eligible person who has timely submitted the written notice, as
419       described in sub-subparagraph 4.a., of his or her intention to
420       become a candidate. Except in a timeshare or nonresidential
421       condominium, or if the staggered term of a board member does not
422       expire until a later annual meeting, or if all members' terms
423       would otherwise expire but there are no candidates, the terms of
424       all board members expire at the annual meeting, and such members
425       may stand for reelection unless prohibited by the bylaws. Board

                                                      Page 17 of 52

      CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                              hb0623-02-c2
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 623                                                                   2020




426       members may serve terms longer than 1 year if permitted by the
427       bylaws or articles of incorporation. A board member may not
428       serve more than 8 consecutive years unless approved by an
429       affirmative vote of unit owners representing two-thirds of all
430       votes cast in the election or unless there are not enough
431       eligible candidates to fill the vacancies on the board at the
432       time of the vacancy. Only board service that occurs on or after
433       July 1, 2018, may be used when calculating a board member's term
434       limit. If the number of board members whose terms expire at the
435       annual meeting equals or exceeds the number of candidates, the
436       candidates become members of the board effective upon the
437       adjournment of the annual meeting. Unless the bylaws provide
438       otherwise, any remaining vacancies shall be filled by the
439       affirmative vote of the majority of the directors making up the
440       newly constituted board even if the directors constitute less
441       than a quorum or there is only one director. In a residential
442       condominium association of more than 10 units or in a
443       residential condominium association that does not include
444       timeshare units or timeshare interests, co-owners of a unit may
445       not serve as members of the board of directors at the same time
446       unless they own more than one unit or unless there are not
447       enough eligible candidates to fill the vacancies on the board at
448       the time of the vacancy. A unit owner in a residential
449       condominium desiring to be a candidate for board membership must
450       comply with sub-subparagraph 4.a. and must be eligible to be a

                                                      Page 18 of 52

      CODING: Words striekeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
F     L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 623                                                            2020




451       candidate to serve on the board of directors at the time of the
452       deadline for submitting a notice of intent to run in order to
453       have his or her name listed as a proper candidate on the ballot
454       or to serve on the board. A person who has been suspended or
455       removed by the division under this chapter, or who is delinquent
456       in the payment of any monetary obligation due to the
457       association, is not eligible to be a candidate for board
458       membership and may not be listed on the ballot. A person who has
459       been convicted of any felony in this state or in a United States
460       District or Territorial Court, or who has been convicted of any
461       offense in another jurisdiction which would be considered a
462       felony if committed in this state, is not eligible for board
463       membership unless such felon's civil rights have been restored
464       for at least 5 years as of the date such person seeks election
465       to the board. The validity of an action by the board is not
466       affected if it is later determined that a board member is
467       ineligible for board membership due to having been convicted of
468       a felony. This subparagraph does not limit the term of a member
469       of the board of a nonresidential or timeshare condominium.
470               3.     The bylaws must provide the method of calling meetings
471       of unit owners, including annual meetings. Written notice of an
472       annual meeting must include an agenda~, must be mailed, hand
473       delivered, or electronically transmitted to each unit owner at
474       least 14 days before the annual meeting~7 and ffiU-s-t- be posted in
475       a conspicuous place on the condominium property at least 14

                                                      Page 19 of 52

      CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                              hb0623-02-c2
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/H B623                                                                   2020




476       continuous days before the annual meeting. Written notice of a
477       meeting other than an annual meeting must include an agenda; be
478       mailed, hand delivered, or electronically transmitted to each
479       unit owner; and be posted in a conspicuous place on the
480       condominium property in accordance with the minimum period of
481       time for posting a notice as set forth in the bylaws, and if the
482       bylaws do not provide such notice requirements, then at least 14
483       continuous days before the meeting. Upon notice to the unit
484       owners, the board shall, by duly adopted rule, designate a
485       specific location on the condominium property where all notices
486       of unit owner meetings must be posted. This requirement does not
487       apply if there is no condominium property for posting notices.
488       In lieu of, or in addition to, the physical posting of meeting
489       notices, the association may, by reasonable rule, adopt a
490       procedure for conspicuously posting and repeatedly broadcasting
491       the notice and the agenda on a closed-circuit cable television
492       system serving the condominium association. However, if
493       broadcast notice is used in lieu of a notice posted physically
494       on the condominium property, the notice and agenda must be
495       broadcast at least four times every broadcast hour of each day
496       that a posted notice is otherwise required under this section.
497       If broadcast notice is provided, the notice and agenda must be
498       broadcast in a manner and for a sufficient continuous length of
499       time so as to allow an average reader to observe the notice and
500       read and comprehend the entire content of the notice and the

                                                      Page 20 of 52

      CODING: Words striokeR are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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/H B623                                                                   2020




501       agenda. In addition to any of the authorized means of providing
502       notice of a meeting of the board, the association may, by rule,
503       adopt a procedure for conspicuously posting the meeting notice
504       and the agenda on a website serving the condominium association
505       for at least the minimum period of time for which a notice of a
506       meeting is also required to be physically posted on the
507       condominium property. Any rule adopted shall, in addition to
508       other matters, include a requirement that the association send
509       an electronic notice in the same manner as a notice for a
510       meeting of the members, which must include a hyperlink to the
511       website where the notice is posted, to unit owners whose e-mail
512       addresses are included in the association's official records.
513       Unless a unit owner waives in writing the right to receive
514       notice of the annual meeting, such notice must be hand
515       delivered, mailed, or electronically transmitted to each unit
516       owner. Notice for meetings and notice for all other purposes
517       must be mailed to each unit owner at the address last furnished
518       to the association by the unit owner, or hand delivered to each
519       unit owner. However, if a unit is owned by more than one person,
520       the association must provide notice to the address that the
521       developer identifies for that purpose and thereafter as one or
522       more of the owners of the unit advise the association in
523       writing, or if no address is given or the owners of the unit do
524       not agree, to the address provided on the deed of record. An
525       officer of the association, or the manager or other person

                                                      Page 21 of 52

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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/H B623                                                                   2020



526       providing notice of the association meeting, must provide an
527       affidavit or United States Postal Service certificate of
528       mailing, to be included in the official records of the
529       association affirming that the notice was mailed or hand
530       delivered in accordance with this provision.
531               4.     The members of the board of a residential condominium
532       shall be elected by written ballot or voting machine. Proxies
533       may not be used in electing the board in general elections or
534       elections to fill vacancies caused by recall, resignation, or
535       otherwise, unless otherwise provided in this chapter. This
536       subparagraph does not apply to an association governing a
537       timeshare condominium.
538               a.     At least 60 days before a scheduled election, the
539       association shall mail, deliver, or electronically transmit, by
540       separate association mailing or included in another association
541       mailing, delivery, or transmission, including regularly
542       published newsletters, to each unit owner entitled to a vote, a
543       first notice of the date of the election. A unit owner or other
544       eligible person desiring to be a candidate for the board must
545       give written notice of his or her intent to be a candidate to
546       the association at least 40 days before a scheduled election.
547       Together with the written notice and agenda as set forth in
548       subparagraph 3., the association shall mail, deliver, or
549       electronically transmit a second notice of the election to all
550       unit owners entitled to vote, together with a ballot that lists

                                                      Page 22 of 52

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                  2020




551       all candidates not less than 14 days or more than 34 days before
552       the date of the election. Upon request of a candidate, an
553       information sheet, no larger than 8 1/2 inches by 11 inches,
554       which must be furnished by the candidate at least 35 days before
555       the election, must be included with the mailing, delivery, or
556       transmission of the ballot, with the costs of mailing, delivery,
557       or electronic transmission and copying to be borne by the
558       association. The association is not liable for the contents of
559       the information sheets prepared by the candidates. In order to
560       reduce costs, the association may print or duplicate the
561       information sheets on both sides of the paper. The division
562       shall by rule establish voting procedures consistent with this
563       sub-subparagraph, including rules establishing procedures for
564       giving notice by electronic transmission and rules providing for
565       the secrecy of ballots. Elections shall be decided by a
566       plurality of ballots cast. There is no quorum requirement;
567       however, at least 20 percent of the eligible voters must cast a
568       ballot in order to have a valid election. A unit owner may not
569       authorize any other person to vote his or her ballot, and any
570       ballots improperly cast are invalid. A unit owner who violates
571       this provision may be fined by the association in accordance
572       withs. 718.303. A unit owner who needs assistance in casting
573       the ballot for the reasons stated ins. 101.051 may obtain such
574       assistance. The regular election must occur on the date of the
575       annual meeting. Notwithstanding this sub-subparagraph, an

                                                      Page 23 of 52

      CODING: Words striekeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                  2020




576       election is not required unless more candidates file notices of
577       intent to run or are nominated than board vacancies exist.
578               b.     Within 90 days after being elected or appointed to the
579       board of an association of a residential condominium, each newly
580       elected or appointed director shall certify in writing to the
581       secretary of the association that he or she has read the
582       association's declaration of condominium, articles of
583       incorporation, bylaws, and current written policies; that he or
584       she will work to uphold such documents and policies to the best
585       of his or her ability; and that he or she will faithfully
586       discharge his or her fiduciary responsibility to the
587       association's members. In lieu of this written certification,
588       within 90 days after being elected or appointed to the board,
589       the newly elected or appointed director may submit a certificate
590       of having satisfactorily completed the educational curriculum
591       administered by a division-approved condominium education
592       provider within 1 year before or 90 days after the date of
593       election or appointment. The written certification or
594       educational certificate is valid and does not have to be
595       resubmitted as long as the director serves on the board without
596       interruption. A director of an association of a residential
597       condominium who fails to timely file the written certification
598       or educational certificate is suspended from service on the
599       board until he or she complies with this sub-subparagraph. The
600       board may temporarily fill the vacancy during the period of

                                                      Page 24 of 52

      CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                  2020




601       suspension. The secretary shall cause the association to retain
602       a director's written certification or educational certificate
603       for inspection by the members for 5 years after a director's
604       election or the duration of the director's uninterrupted tenure,
605       whichever is longer. Failure to have such written certification
606       or educational certificate on file does not affect the validity
607       of any board action.
608               c.     Any challenge to the election process must be commenced
609       within 60 days after the election results are announced.
610               5.     Any approval by unit owners called for by this chapter
611       or the applicable declaration or bylaws, including, but not
612       limited to, the approval requirement ins. 718.111(8), must be
613       made at a duly noticed meeting of unit owners and is subject to
614       all requirements of this chapter or the applicable condominium
615       documents relating to unit owner decisionmaking, except that
616       unit owners may take action by written agreement, without
617       meetings, on matters for which action by written agreement
618       without meetings is expressly allowed by the applicable bylaws
619       or declaration or any law that provides for such action.
620               6.     Unit owners may waive notice of specific meetings if
621       allowed by the applicable bylaws or declaration or any law.
622       Notice of meetings of the board of administration, unit owner
623       meetings, except unit owner meetings called to recall board
624       members under paragraph (j), and committee meetings may be given
625       by electronic transmission to unit owners who consent to receive

                                                      Page 25 of 52

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                   2020




626       notice by electronic transmission. A unit owner who consents to
627       receiving notices by electronic transmission is solely
628       responsible for removing or bypassing filters that block receipt
629       of mass e-mails emails sent to members on behalf of the
630       association in the course of giving electronic notices.
631               7.     Unit owners have the right to participate in meetings
632       of unit owners with reference to all designated agenda items.
633       However, the association may adopt reasonable rules governing
634       the frequency, duration, and manner of unit owner participation.
635               8.     A unit owner may tape record or videotape a meeting of
636       the unit owners subject to reasonable rules adopted by the
637       division.
638               9.     Unless otherwise provided in the bylaws, any vacancy
639       occurring on the board before the expiration of a term may be
640       filled by the affirmative vote of the majority of the remaining
641       directors, even if the remaining directors constitute less than
642       a quorum,       or by the sole remaining director. In the alternative,
643       a board may hold an election to fill the vacancy, in which case
644       the election procedures must conform to sub-subparagraph 4.a.
645       unless the association governs 10 units or fewer and has opted
646       out of the statutory election process, in which case the bylaws
647       of the association control. Unless otherwise provided in the
648       bylaws, a board member appointed or elected under this section
649       shall fill the vacancy for the unexpired term of the seat being
650       filled.       Filling vacancies created by recall is governed by

                                                      Page 26 of 52

      CODING: Words strisken are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 623                                                           2020




651       paragraph (j) and rules adopted by the division.
652               10.    This chapter does not limit the use of general or
653       limited proxies, require the use of general or limited proxies,
654       or require the use of a written ballot or voting machine for any
655       agenda item or election at any meeting of a timeshare
656       condominium association or nonresidential condominium
657       association.
658
659       Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
660       association of 10 or fewer units may, by affirmative vote of a
661       majority of the total voting interests, provide for different
662       voting and election procedures in its bylaws, which may be by a
663       proxy specifically delineating the different voting and election
664       procedures. The different voting and election procedures may
665       provide for elections to be conducted by limited or general
666       proxy.
667               (i)    Transfer fees.-An association may not H-e charge an
668       applicant any fees, except the actual costs of any background
669       check or screening performed shall be made by the association~
670       or any body thereof in connection with the sale, mortgage,
671       lease, sublease, or other transfer of a unit unless the
672       association is required to approve such transfer and a fee for
673       such approval is provided for in the declaration, articles, or
674       bylaws. Except for the actual costs of any background check or
675       screening performed by the association, any such fee may be

                                                      Page 27 of 52

      CODING: Words stFieken are deletions; words underlined are additions.
                                                                              hb0623-02-c2
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 623                                                                   2020




676       preset, but may not in no event may ouch fee exceed $100 per
677       applicant other than spouses or parent and dependent child, who
678       husband/wife or parent/dependent child, which are considered one
679       applicant. However, if the lease or sublease is a renewal of a
680       lease or sublease with the same lessee or sublessee, a charge
681       may not no charge shall be made. The foregoing notwithstanding,
682       an association may, if the authority to do so appears in the
683       declaration, articles, or bylaws, require that a prospective
684       lessee place a security deposit, in an amount not to exceed the
685       equivalent of 1 month's rent, into an escrow account maintained
686       by the association. The security deposit shall protect against
687       damages to the common elements or association property. Payment
688       of interest, claims against the deposit, refunds, and disputes
689       under this paragraph shall be handled in the same fashion as
690       provided in part II of chapter 83.
691               (k)    Alternative dispute resolution Arbitration.-There must
692       shall be a provision for mandatory alternative dispute
693       resolution nonbinding arbitration as provided for ins. 718.1255
694       for any residential condominium.
695               (p)    Service providers; conflicts of interest. An
696       association, which is not a timeshare condominium association,
697       may not eHlploy or contract with any service provider that is
698       owned or operated by a board member or with any person who has a
699       financial relationship with a board member or officer, or a
700       relative within the third degree of consanguinity by blood or

                                                      Page 28 of 52

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                   2020




701       marriage of a board member or officer. This paragraph does not
702       apply to a service provider in which a board member or officer,
703       or a relative within the third degree of consanguinity by blood
704       or marriage of a board m.effiber or officer, owns less than 1
705       percent of the equity shares.
706               Section 5.        Subsection (8) of section 718.113, Florida
707       Statutes, is amended to read:
708               718.113      Maintenance; limitation upon improvement; display
709       of flag; hurricane shutters and protection; display of religious
710       decorations.-
711               ( 8)   The Legislature finds that the use of electric and
712       natural gas fuel vehicles conserves and protects the state's
713       environmental resources, provides significant economic savings
714       to drivers, and serves an important public interest. The
715       participation of condominium associations is essential to the
716       state's efforts to conserve and protect the state's
717       environmental resources and provide economic savings to drivers.
718       For purposes of this subsection, the term "natural gas fuel'' has
719       the same meaning as ins. 206.9951, and the term "natural gas
720       fuel vehicle" means any motor vehicle, as defined ins. 320.01,
721       that is powered by natural gas fuel. Therefore, the installation
722       of an electric vehicle charging station or natural gas fuel
723       station shall be governed as follows:
724               (a)    A declaration of condominium or restrictive covenant
725       may not prohibit or be enforced so as to prohibit any unit owner

                                                      Page 29 of 52

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/H B623                                                            2020




726       from installing an electric vehicle charging station or natural
727       gas fuel station within the boundaries of the unit owner's
728       limited common element or exclusively designated parking area.
729       The board of administration of a condominium association may not
730       prohibit a unit owner from installing an electric vehicle
731       charging station for an electric vehicle, as defined ins.
732       320.01, or a natural gas fuel station for a natural gas fuel
733       vehicle within the boundaries of his or her limited common
734       element or exclusively designated parking area. The installation
735       of such charging or fuel stations are subject to the provisions
736       of this subsection.
737               (b)    The installation may not cause irreparable damage to
738       the condominium property.
739               (c)    The electricity for the electric vehicle charging
740       station or natural gas fuel station must be separately metered
741       or metered by an embedded meter and payable by the unit owner
742       installing such charging or fuel station or by his or her
743       successor.
744               (d)    The cost for supply and storage of the natural gas
745       fuel must be paid by the unit owner installing the natural gas
746       fuel station or by his or her successor.
747               l.§1-f-a+   The unit owner who is installing an electric
748       vehicle charging station or natural gas fuel station is
749       responsible for the costs of installation, operation,
750       maintenance, and repair, including, but not limited to, hazard

                                                      Page 30 of 52

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb0623-02-c2
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 623                                                                   2020




751       and liability insurance. The association may enforce payment of
752       such costs under pursuant to s. 718.116.
753               l!l-f-e+    If the unit owner or his or her successor decides
754       there is no longer a need for the electronic vehicle charging
755       station or natural gas fuel station, such person is responsible
756       for the cost of removal of such the eleetronie vehicle charging
757       or fuel station. The association may enforce payment of such
758       costs under pursuant to s. 718.116.
759               (g)     The unit owner installing, maintaining, or removing
760       the electric vehicle charging station or natural gas fuel
761       station is responsible for complying with all federal, state, or
762       local laws and regulations applicable to such installation,
763       maintenance, or removal.
764               ll21_-K+    The association may require the unit owner to:
765               1.     Comply with bona fide safety requirements, consistent
766       with applicable building codes or recognized safety standards,
767       for the protection of persons and property.
768               2.     Comply with reasonable architectural standards adopted
769       by the association that govern the dimensions, placement, or
770       external appearance of the electric vehicle charging station or
771       natural gas fuel station, provided that such standards may not
772       prohibit the installation of such charging or fuel station or
773       substantially increase the cost thereof.
774               3.     Engage the services of a licensed and registered firm
775       eleetrieal eontraetor or engineer familiar with the installation

                                                      Page 31 of 52

      CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
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 623                                                                   2020




776       or removal and core requirements of an electric vehicle charging
777       station or natural gas fuel station.
778               4.     Provide a certificate of insurance naming the
779       association as an additional insured on the owner's insurance
780       policy for any claim related to the installation, maintenance,
781       or use of the electric vehicle charging station or natural gas
782       fuel station within 14 days after receiving the association's
783       approval to install such charging or fuel station or notice to
784       provide such a certificate.
785               5.     Reimburse the association for the actual cost of any
786       increased insurance premium amount attributable to the electric
787       vehicle charging station or natural gas fuel station within 14
788       days after receiving the association's insurance premium
789       invoice.
790               lll_~       The association provides an implied easement across
791       the common elements of the condominium property to the unit
792       owner for purposes of the installation of the electric vehicle
793       charging station or natural gas fuel station installation, and
794       the furnishing of electrical power or natural gas fuel supply,
795       including any necessary equipment, to such charging or fuel
796       station, subject to the requirements of this subsection.
797               Section 6.        Subsections (5) and (6) of section 718.1255,
798       Florida Statutes, are renumbered as subsections (6) and (7),
799       respectively, paragraph (a) of subsection (4) of that section is
800       amended, and a new subsection (5) is added to that section, to

                                                      Page 32 of 52

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
FLORIDA                        H    O   U   S   E     0   F      REPRESENTATIVES




         CS/CS/HB 623                                                              2020




801      read:
802              718.1255          Alternative dispute resolution; voluntary
803      mediation; mandatory nonbinding arbitration; legislative
804      findings.-
805               (4)    MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
806      DISPUTES.-The Division of Florida Condominiums, Timeshares, and
807      Mobile Homes of the Department of Business and Professional
808      Regulation may employ full-time attorneys to act as arbitrators
809      to conduct the arbitration hearings provided by this chapter.
810      The division may also certify attorneys who are not employed by
811      the division to act as arbitrators to conduct the arbitration
812      hearings provided by this chapter.~ Ne person may not be
813      employed by the department as a full-time arbitrator unless he
814      or she is a member in good standing of The Florida Bar. A person
815      may only be certified by the division to act as an arbitrator if
816      he or she has been a member in good standing of The Florida Bar
817      for at least 5 years and has mediated or arbitrated at least 10
818      disputes involving condominiums in this state during the 3 years
819      immediately preceding the date of application, mediated or
820      arbitrated at least 30 disputes in any subject area in this
821      state during the 3 years immediately preceding the date of
822      application, or attained board certification in real estate law
823      or condominium and planned development law from The Florida Bar.
824      Arbitrator certification is valid for 1 year. An arbitrator who
825      does not maintain the minimum qualifications for initial

                                                      Page 33 of 52

      CODING: Words stricken are deletions; words underlined are additions.
                                                                               hb0623-02-c2
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 623                                                                   2020




826       certification may not have his or her certification renewed. The
827       department may not enter into a legal services contract for an
828       arbitration hearing under this chapter with an attorney who is
829       not a certified arbitrator unless a certified arbitrator is not
830       available within 50 miles of the dispute. The department shall
831       adopt rules of procedure to govern such arbitration hearings
832       including mediation incident thereto. The decision of an
833       arbitrator is shall be final; however, a decision is shall not
834       ee deemed final agency action. Nothing in this provision shall
835       be construed to foreclose parties from proceeding in a trial de
836       nova unless the parties have agreed that the arbitration is
837       binding. If judicial proceedings are initiated, the final
838       decision of the arbitrator is shall be admissible in evidence in
839       the trial de nova.
840               (a)    Before Prior to the institution of court litigation, a
841       party to a dispute shall either petition the division for
842       nonbinding arbitration or initiate presuit mediation as provided
843       in subsection (5). Arbitration is binding on the parties if all
844       parties in arbitration agree to be bound in a writing filed in
845       arbitration. The petition must be accompanied by a filing fee in
846       the amount of $50. Filing fees collected under this section must
847       be used to defray the expenses of the alternative dispute
848       resolution program.
849               (5)    PRESUIT MEDIATION.-In lieu of the initiation of
850       nonbinding arbitration as set forth in subsections (1)-(4), a

                                                      Page 34 of 52

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
FLORIDA                        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 623                                                                        2020




851      party may submit a dispute to presuit mediation in accordance
852      withs. 720.311. Election and recall disputes are not eligible
853      for mediation and such disputes must be arbitrated by the
854      division or filed with a court of competent jurisdiction.
855              Section 7.         Subsection (1) and paragraph (b) of subsection
856       (3) of section 718.303, Florida Statutes, are amended to read:
857              718.303       Obligations of owners and occupants; remedies.-
858               (1)    Each unit owner, eaeft tenant and other invitee, and
859      eaeft association is governed by,                    and must comply with the
860      provisions of, this chapter, the declaration, the documents
861      creating the association, and the association bylaws which are
862      shall be deemed expressly incorporated into any lease of a unit.
863      Actions at law or in equity for damages or for injunctive
864      relief, or both, for failure to comply with these provisions may
865      be brought by the association or by a unit owner against:
866               (a)    The association.
867               (b)    A unit owner.
868               (c)    Directors designated by the developer, for actions
869      taken by them before control of the association is assumed by
870      unit owners other than the developer.
871               (d)    Any director who willfully and knowingly fails to
872      comply with these provisions.
873               (e)    Any tenant leasing a unit, and any other invitee
874      occupying a unit.
875

                                                      Page 35 of 52

      CODING: Words striekeA are deletions; words underlined are additions.
                                                                                         hb0623-02-c2
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 623                                                                   2020




876       The prevailing party in any such action or in any action in
877       which the purchaser claims a right of voidability based upon
878       contractual provisions as required in s. 718. 503 ( 1) (a) is
879       entitled to recover reasonable attorney attorney's fees. A unit
880       owner prevailing in an action between the association and the
881       unit owner under this subsection section, in addition to
882       recovering his or her reasonable attorney attorney's fees, may
883       recover additional amounts as determined by the court to be
884       necessary to reimburse the unit owner for his or her share of
885       assessments levied by the association to fund its expenses of
886       the litigation. This relief does not exclude other remedies
887       provided by law. Actions arising under this subsection are not
888       considered ffiay not be deeffied to be actions for specific
889       performance.
890               (3)    The association may levy reasonable fines for the
891       failure of the owner of the unit or its occupant, licensee, or
892       invitee to comply with any provision of the declaration, the
893       association bylaws, or reasonable rules of the association. A
894       fine may not become a lien against a unit. A fine may be levied
895       by the board on the basis of each day of a continuing violation,
896       with a single notice and opportunity for hearing before a
897       committee as provided in paragraph (b). However, the fine may
898       not exceed $100 per violation, or $1,000 in the aggregate.
899               (b)    A fine or suspension levied by the board of
900       administration may not be imposed unless the board first

                                                      Page 36 of 52

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
F     L   O   R     D A        H    O   U   S   E     0   F      REPRESENTATIVES




          CS/CS/HB 623                                                             2020




901       provides at least 14 days' written notice to the unit owner and,
902       if applicable, any tenant occupant, licensee, or invitee of the
903       unit owner sought to be fined or suspended, and an opportunity
904       for a hearing before a committee of at least three members
905       appointed by the board who are not officers, directors, or
906       employees of the association, or the spouse, parent, child,
907       brother, or sister of an officer, director, or employee. The
908       role of the committee is limited to determining whether to
909       confirm or reject the fine or suspension levied by the board. If
910       the committee does not approve the proposed fine or suspension
911       by majority vote, the fine or suspension may not be imposed. If
912       the proposed fine or suspension is approved by the committee,
913       the fine payment is due 5 days after notice of the approved fine
914       is provided to the unit owner and, if applicable, to any tenant,
915       licensee, or invitee of the unit owner the date of the coffiffi.ittee
916       meeting at which the fine is approved. The association must
917       provide written notice of such fine or suspension by mail or
918       hand delivery to the unit owner and, if applicable, to any
919       tenant, licensee, or invitee of the unit owner.
920               Section 8.         Section 718.5014, Florida Statutes, is amended
921       to read:
922               718.5014         Ombudsman location.-The ombudsman shall maintain
923       his or her principal office in~ Leon County on the premises of
924       the division or, if suitable space cannot be provided there, at
925       another place convenient to the offices of the division which

                                                      Page 37 of 52

      CODING: Words stricken are deletions; words underlined are additions.
                                                                               hb0623-02-c2
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 623                                                              2020




926       will enable the ombudsman to expeditiously carry out the duties
927       and functions of his or her office. The ombudsman may establish
928       branch offices elsewhere in the state upon the concurrence of
929       the Governor.
930               Section 9.        Subsection (25) of section 719.103, Florida
931       Statutes, is amended to read:
932               719.103       Definitions.-As used in this chapter:
933               (25)     "Unit" means a part of the cooperative property which
934       is subject to exclusive use and possession. A unit may be
935       improvements, land, or land and improvements together, as
936       specified in the cooperative documents. An interest in a unit is
937       an interest in real property.
938               Section 10.          Paragraph (c) of subsection (2) of section
939       719.104, Florida Statutes, is amended to read:
940               719.104       Cooperatives; access to units; records; financial
941       reports; assessments; purchase of leases.-
942               (2)    OFFICIAL RECORDS.-
943               (c)    The official records of the association are open to
944       inspection by any association member or the authorized
945       representative of such member at all reasonable times. The right
946       to inspect the records includes the right to make or obtain
947       copies, at the reasonable expense, if any, of the association
948       member. The association may adopt reasonable rules regarding the
949       frequency, time, location, notice, and manner of record
950       inspections and copying, but may not require a member to

                                                      Page 38 of 52

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                hb0623-02-c2
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 623                                                                   2020




951       demonstrate any purpose or state any reason for the inspection.
952       The failure of an association to provide the records within 10
953       working days after receipt of a written request creates a
954       rebuttable presumption that the association willfully failed to
955       comply with this paragraph. A member unit owner who is denied
956       access to official records is entitled to the actual damages or
957       minimum damages for the association's willful failure to comply.
958       The minimum damages are $50 per calendar day for up to 10 days,
959       beginning on the 11th working day after receipt of the written
960       request. The failure to permit inspection entitles any person
961       prevailing in an enforcement action to recover reasonable
962       attorney fees from the person in control of the records who,
963       directly or indirectly, knowingly denied access to the records.
964       Any person who knowingly or intentionally defaces or destroys
965       accounting records that are required by this chapter to be
966       maintained during the period for which such records are required
967       to be maintained, or who knowingly or intentionally fails to
968       create or maintain accounting records that are required to be
969       created or maintained, with the intent of causing harm to the
970       association or one or more of its members, is personally subject
971       to a civil penalty under pursuant to s. 719.501(1) (d). The
972       association shall maintain an adequate number of copies of the
973       declaration, articles of incorporation, bylaws, and rules, and
974       all amendments to each of the foregoing, as well as the question
975       and answer sheet as described ins. 719.504 and year-end

                                                      Page 39 of 52

      CODING: Words stFiekeA are deletions; words underlined are additions.
                                                                                     hb0623-02-c2
 F     L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




           CS/CS/HB 623                                                            2020




 976       financial information required by the department, on the
 977       cooperative property to ensure their availability to members
 978       unit owners and prospective purchasers, and may charge its
 979       actual costs for preparing and furnishing these documents to
 980       those requesting the same. An association shall allow a member
 981       or his or her authorized representative to use a portable
 982       device, including a smartphone, tablet, portable scanner, or any
 983       other technology capable of scanning or taking photographs, to
 984       make an electronic copy of the official records in lieu of the
 985       association providing the member or his or her authorized
 986       representative with a copy of such records. The association may
 987       not charge a member or his or her authorized representative for
 988       the use of a portable device. Notwithstanding this paragraph,
 989       the following records shall not be accessible to members -llfti-t.
 990       owners:
 991               1.     Any record protected by the lawyer-client privilege as
 992       described ins. 90.502 and any record protected by the work-
 993       product privilege, including any record prepared by an
 994       association attorney or prepared at the attorney's express
 995       direction which reflects a mental impression, conclusion,
 996       litigation strategy, or legal theory of the attorney or the
 997       association, and which was prepared exclusively for civil or
 998       criminal litigation or for adversarial administrative
 999       proceedings, or which was prepared in anticipation of such
1000       litigation or proceedings until the conclusion of the litigation

                                                       Page 40 of 52

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                               hb0623-02-c2
 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 623                                                                  2020




1001       or proceedings.
1002               2.     Information obtained by an association in connection
1003       with the approval of the lease, sale, or other transfer of a
1004       unit.
1005               3.     Personnel records of association or management company
1006       employees, including, but not limited to, disciplinary, payroll,
1007       health, and insurance records. For purposes of this
1008       subparagraph, the term "personnel records'' does not include
1009       written employment agreements with an association employee or
1010       management company, or budgetary or financial records that
1011       indicate the compensation paid to an association employee.
1012               4.     Medical records of unit owners.
1013               5.     Social security numbers, driver license numbers, credit
1014       card numbers, e-mail addresses, telephone numbers, facsimile
1015       numbers, emergency contact information, addresses of a unit
1016       owner other than as provided to fulfill the association's notice
1017       requirements, and other personal identifying information of any
1018       person, excluding the person's name, unit designation, mailing
1019       address, property address, and any address, e-mail address, or
1020       facsimile number provided to the association to fulfill the
1021       association's notice requirements. Notwithstanding the
1022       restrictions in this subparagraph, an association may print and
1023       distribute to unit parcel owners a directory containing the
1024       name, unit parcel address, and all telephone numbers of each
1025       unit parcel owner. However, an owner may exclude his or her

                                                       Page 41 of 52

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 FLORIDA                        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 623                                                                   2020



1026      telephone numbers from the directory by so requesting in writing
1027      to the association. An owner may consent in writing to the
1028      disclosure of other contact information described in this
1029      subparagraph. The association is not liable for the inadvertent
1030      disclosure of information that is protected under this
1031      subparagraph if the information is included in an official
1032      record of the association and is voluntarily provided by an
1033      owner and not requested by the association.
1034              6.     Electronic security measures that are used by the
1035      association to safeguard data, including passwords.
1036              7.     The software and operating system used by the
1037      association which allow the manipulation of data, even if the
1038      owner owns a copy of the same software used by the association.
1039      The data is part of the official records of the association.
1040              Section 11.           Paragraph (b) of subsection (1) of section
1041      719.106, Florida Statutes, is amended, and subsection (3) is
1042      added to that section, to read:
1043              719.106       Bylaws; cooperative ownership.-
1044               (1)    MANDATORY PROVISIONS.-The bylaws or other cooperative
1045      documents shall provide for the following, and if they do not,
1046      they shall be deemed to include the following:
1047               (b)    Quorum; voting requirements; proxies.-
1048              1.     Unless otherwise provided in the bylaws, the percentage
1049      of voting interests required to constitute a quorum at a meeting
1050      of the members shall be a majority of voting interests, and

                                                       Page 42 of 52

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 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 623                                                                  2020




1051       decisions shall be made by owners of a majority of the voting
1052       interests. Unless otherwise provided in this chapter, or in the
1053       articles of incorporation, bylaws, or other cooperative
1054       documents, and except as provided in subparagraph (d)l.,
1055       decisions shall be made by owners of a majority of the voting
1056       interests represented at a meeting at which a quorum is present.
1057               2.     Except as specifically otherwise provided herein, after
1058       January 1, 1992, unit owners may not vote by general proxy, but
1059       may vote by limited proxies substantially conforming to a
1060       limited proxy form adopted by the division. Limited proxies and
1061       general proxies may be used to establish a quorum. Limited
1062       proxies shall be used for votes taken to waive or reduce
1063       reserves in accordance with subparagraph (j)2., for votes taken
1064       to waive the financial reporting requirements of s.
1065       719. 104 ( 4) (b) , for votes taken to amend the articles of
1066       incorporation or bylaws pursuant to this section, and for any
1067       other matter for which this chapter requires or permits a vote
1068       of the unit owners. Except as provided in paragraph (d), after
1069       January 1, 1992, no proxy, limited or general, shall be used in
1070       the election of board members. General proxies may be used for
1071       other matters for which limited proxies are not required, and
1072       may also be used in voting for nonsubstantive changes to items
1073       for which a limited proxy is required and given. Notwithstanding
1074       the provisions of this section, unit owners may vote in person
1075       at unit owner meetings. Nothing contained herein shall limit the

                                                       Page 43 of 52

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 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/H B623                                                                   2020




1076       use of general proxies or require the use of limited proxies or
1077       require the use of limited proxies for any agenda item or
1078       election at any meeting of a timeshare cooperative.
1079               3.     Any proxy given shall be effective only for the
1080       specific meeting for which originally given and any lawfully
1081       adjourned meetings thereof. In no event shall any proxy be valid
1082       for a period longer than 90 days after the date of the first
1083       meeting for which it was given. Every proxy shall be revocable
1084       at any time at the pleasure of the unit owner executing it.
1085               4.     A member of the board of administration or a committee
1086       may submit in writing his or her agreement or disagreement with
1087       any action taken at a meeting that the member did not attend.
1088       This agreement or disagreement may not be used as a vote for or
1089       against the action taken and may not be used for the purposes of
1090       creating a quorum.
1091               5.     A board or committee member participating in a meeting
1092       via telephone, real-time video conferencing, or similar real-
1093       time electronic or video communication counts toward a quorum,
1094       and such member may vote as if physically present When some or
1095       all of the board or committee members meet by telephone
1096       conference, those board or committee members attending by
1097       telephone conference may be counted toward obtaining a quorum
1098       and may vote by telephone. A telephone speaker must shall be
1099       used utilized so that the conversation of such those board or
1100       committee members attending by telephone may be heard by the

                                                       Page 44 of 52

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 FLORIDA                        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 623                                                                    2020




1101      board or committee members attending in person, as well as by
1102      any unit owners present at a meeting.
1103               (3)    GENERALLY.-Any provision of the declaration, the
1104      association bylaws, or reasonable rules or regulations of the
1105      association which diminish or infringe upon any right protected
1106      under the Fourteenth Amendment to the United States Constitution
1107      ors. 2, Art. I of the State Constitution is void and
1108      unenforceable without further action of the association. The
1109      association may record a notice in the public records of the
1110      county in which the cooperative is located evidencing its
1111      intention to not enforce such provision. The failure of the
1112      association to record a notice in the public record may not be
1113      the basis for liability or evidence of discrimination or a
1114      discriminatory intention.
1115              Section 12.           Paragraph (1) of subsection (4) of section
1116      720.303, Florida Statutes, is redesignated as paragraph (m),
1117      paragraph (c) of subsection (2) is amended, and a new paragraph
1118       (1) is added to subsection (4) of that section, to read:
1119              720.303       Association powers and duties; meetings of board;
1120      official records; budgets; financial reporting; association
1121      funds; recalls.-
1122               (2)    BOARD MEETINGS.-
1123               (c)    The bylaws shall provide the following for giving
1124      notice to parcel owners and members of all board meetings and,
1125      if they do not do so, shall be deemed to include the following:

                                                       Page 45 of 52

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 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 623                                                                   2020




1126               1.     Notices of all board meetings must be posted in a
1127       conspicuous place in the community at least 48 hours in advance
1128       of a meeting, except in an emergency. In the alternative, if
1129       notice is not posted in a conspicuous place in the community,
1130       notice of each board meeting must be mailed or delivered to each
1131       member at least 7 days before the meeting, except in an
1132       emergency. Notwithstanding this general notice requirement, for
1133       communities with more than 100 members, the association bylaws
1134       may provide for a reasonable alternative to posting or mailing
1135       of notice for each board meeting, including publication of
1136       notice, provision of a schedule of board meetings, or the
1137       conspicuous posting and repeated broadcasting of the notice on a
1138       closed-circuit cable television system serving the homeowners'
1139       association. However, if broadcast notice is used in lieu of a
1140       notice posted physically in the community, the notice must be
1141       broadcast at least four times every broadcast hour of each day
1142       that a posted notice is otherwise required. When broadcast
1143       notice is provided, the notice and agenda must be broadcast in a
1144       manner and for a sufficient continuous length of time so as to
1145       allow an average reader to observe the notice and read and
1146       comprehend the entire content of the notice and the agenda. In
1147       addition to any of the authorized means of providing notice of a
1148       meeting of the board, the association may, by rule, adopt a
1149       procedure for conspicuously posting the meeting notice and the
1150       agenda on the association's website for at least the minimum

                                                       Page 46 of 52

       CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 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 623                                                                   2020




1151       period of time for which a notice of a meeting is also required
1152       to be physically posted on the association property. Any rule
1153       adopted shall, in addition to other matters, include a
1154       requirement that the association send an electronic notice in
1155       the same manner as is required for a notice of a meeting of the
1156       members, which must include a hyperlink to the website where the
1157       notice is posted, to members whose e-mail addresses are included
1158       in the association's official records. The association may
1159       provide notice by electronic transmission in a manner authorized
1160       by law for meetings of the board of directors, committee
1161       meetings requiring notice under this section, and annual and
1162       special meetings of the members to any member who has provided a
1163       facsimile number or e-mail address to the association to be used
1164       for such purposes; however, a member must consent in writing to
1165       receiving notice by electronic transmission.
1166               2.     An assessment may not be levied at a board meeting
1167       unless the notice of the meeting includes a statement that
1168       assessments will be considered and the nature of the
1169       assessments. Written notice of any meeting at which special
1170       assessments will be considered or at which amendments to rules
1171       regarding parcel use will be considered must be mailed,
1172       delivered, or electronically transmitted to the members and
1173       parcel owners and posted conspicuously on the property or
1174       broadcast on closed-circuit cable television not less than 14
1175       days before the meeting.

                                                       Page 47 of 52

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 FLORIDA                        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 623                                                                    2020




1176              3.     Directors may not vote by proxy or by secret ballot at
1177      board meetings, except that secret ballots may be used in the
1178      election of officers. This subsection also applies to the
1179      meetings of any committee or other similar body, when a final
1180      decision will be made regarding the expenditure of association
1181      funds, and to any body vested with the power to approve or
1182      disapprove architectural decisions with respect to a specific
1183      parcel of residential property owned by a member of the
1184      community.
1185               (4)    OFFICIAL RECORDS.-The association shall maintain each
1186      of the following items, when applicable, which constitute the
1187      official records of the association:
1188               (1)    Ballots, sign-in sheets, voting proxies, and all other
1189      papers and electronic records relating to voting by parcel
1190      owners, which must be maintained for at least 1 year after the
1191      date of the election, vote, or meeting.
1192              ~-f-±+       All other written records of the association not
1193      specifically included in this subsection the foregoing which are
1194      related to the operation of the association.
1195              Section 13.           Subsections (1) and (2) of section 720.305,
1196      Florida Statutes, are amended to read:
1197              720.305        Obligations of members; remedies at law or in
1198      equity; levy of fines and suspension of use rights.-
1199               (1)    Each member and the member's tenants, guests, and
1200      invitees, and each association, are governed by, and must comply

                                                       Page 48 of 52

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 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 623                                                                   2020




1201       with, this chapter andT the governing documents of the
1202       community, and the rules of the association. Actions at law or
1203       in equity, or both, to redress alleged failure or refusal to
1204       comply with these provisions may be brought by the association
1205       or by any member against:
1206               (a)    The association;
1207               (b)    A member;
1208               (c)    Any director or officer of an association who
1209       willfully and knowingly fails to comply with these provisions;
1210       and
1211               (d)    Any tenants, guests, or invitees occupying a parcel or
1212       using the common areas.
1213
1214       The prevailing party in any such litigation is entitled to
1215       recover reasonable attorney fees and costs. A member prevailing
1216       in an action between the association and the member under this
1217       section, in addition to recovering his or her reasonable
1218       attorney fees, may recover additional amounts as determined by
1219       the court to be necessary to reimburse the member for his or her
1220       share of assessments levied by the association to fund its
1221       expenses of the litigation. This relief does not exclude other
1222       remedies provided by law. This section does not deprive any
1223       person of any other available right or remedy.
1224               (2)    An .!ffte association may levy reasonable fines. A fine
1225       may not exceed $100 per violation against any member or any

                                                       Page 49 of 52

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 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 623                                                                      2020




1226       member's tenant, guest, or invitee for the failure of the owner
1227       of the parcel or its occupant, licensee, or invitee to comply
1228       with any provision of the declaration, the association bylaws,
1229       or reasonable rules of the association unless otherwise provided
1230       in the governing documents. A fine may be levied by the board
1231       for each day of a continuing violation, with a single notice and
1232       opportunity for hearing, except that the fine may not exceed
1233       $1,000 in the aggregate unless otherwise provided in the
1234       governing documents. A fine of less than $1,000 may not become a
1235       lien against a parcel. In any action to recover a fine,                 the
1236       prevailing party is entitled to reasonable attorney fees and
1237       costs from the nonprevailing party as determined by the court.
1238               (a)    An association may suspend, for a reasonable period of
1239       time, the right of a member, or a member's tenant, guest, or
1240       invitee, to use common areas and facilities for the failure of
1241       the owner of the parcel or its occupant, licensee, or invitee to
1242       comply with any provision of the declaration, the association
1243       bylaws, or reasonable rules of the association. This paragraph
1244       does not apply to that portion of common areas used to provide
1245       access or utility services to the parcel. A suspension may not
1246       prohibit an owner or tenant of a parcel from having vehicular
1247       and pedestrian ingress to and egress from the parcel, including,
1248       but not limited to, the right to park.
1249               (b)    A fine or suspension levied by the board of
1250       administration may not be imposed unless the board first

                                                       Page 50 of 52

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                         hb0623-02-c2
 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 623                                                                   2020




1251       provides at least 14 days' notice to the parcel owner and, if
1252       applicable, any occupant, licensee, or invitee of the parcel
1253       owner, sought to be fined or suspended and an opportunity for a
1254       hearing before a committee of at least three members appointed
1255       by the board who are not officers, directors, or employees of
1256       the association, or the spouse, parent, child, brother, or
1257       sister of an officer, director, or employee. If the committee,
1258       by majority vote, does not approve a proposed fine or
1259       suspension, the proposed fine or suspension may not be imposed.
1260       The role of the committee is limited to determining whether to
1261       confirm or reject the fine or suspension levied by the board. If
1262       the proposed fine or suspension levied by the board is approved
1263       by the committee, the fine payment is due 5 days after notice of
1264       the approved fine is provided to the parcel owner and, if
1265       applicable, to any occupant, licensee, or invitee of the parcel
1266       owner the date of the cofllfll.ittee meeting at which the fine is
1267       approved. The association must provide written notice of such
1268       fine or suspension by mail or hand delivery to the parcel owner
1269       and, if applicable, to any occupant tenant, licensee, or invitee
1270       of the parcel owner.
1271               Section 14.          Paragraph (g) of subsection (1) of section
1272       720.306, Florida Statutes, is amended to read:
1273               720.306      Meetings of members; voting and election
1274       procedures; amendments.-
1275               (1)    QUORUM; AMENDMENTS.-

                                                       Page 51 of 52

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
 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 623                                                                   2020




1276               (g)    A notice required under this section must be mailed or
1277       delivered to the address identified as the parcel owner's
1278       mailing address in the official records of the association as
1279       required under s. 720.303(4) on the property appraiser's website
1280       for the county in which the parcel is located, or electronically
1281       transmitted in a manner authorized by the association if the
1282       parcel owner has consented, in writing, to receive notice by
1283       electronic transmission.
1284               Section 15.           Subsection (6) is added to section 720.3075,
1285       Florida Statutes, to read:
1286               720.3075         Prohibited clauses in association documents.-
1287               (6)    Any provision of the declaration, the association
1288       bylaws, or reasonable rules or regulations of the association
1289       which diminish or infringe upon any right protected under the
1290       Fourteenth Amendment to the United States Constitution ors. 2,
1291       Art. I of the State Constitution is void and unenforceable
1292       without further action of the association. The association may
1293       record a notice in the public records of the county in which the
1294       community is located evidencing its intention to not enforce
1295       such provision. The failure of the association to record a
1296       notice in the public record may not be the basis for liability
1297       or evidence of discrimination or a discriminatory intention.
1298               Section 16.           This act shall take effect July 1, 2020.




                                                       Page 52 of 52

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                      hb0623-02-c2
                                  COMMERCE COMMITTEE

                                   HB 623 by Rep. Shoaf
                                  Community Associations

                                  AMENDMENT SUMMARY
                                    February 27, 2020


Amendment 1 by Rep. Shoaf (Strike-all amendment):
The strike-all amendment:
   • Increases the fee for transfer of a condominium from $100 to $150, and the fees shall be
        adjusted every 5 years for inflation.
   • Provides that any provision in any title transaction that violates any right under the 14th
        Amendment of the U.S. Constitution or article I, section 2 of the Florida Constitution is
        unenforceable, and any such provision in a previously recorded title transaction is
        extinguished and severed from the recorded title transaction.
   • Provides that an association board may, at the request of an owner, remove a restriction
        that violates any right under the 14th Amendment of the U.S. Constitution or article I,
        section 2 of the Florida Constitution.
   • Allows a condominium developer to withdraw escrow funds from the sale of a
        condominium unit for the costs incurred by the developer instead of the actual
        construction costs to develop the condominium.
   • Provides that if the governing documents of an HOA do not obligate a developer to
        create reserve accounts or the HOA has not provided for reserve accounts by majority
        vote, the HOA must include a statement on its financial reports.
   • Repeals current law providing that if a developer initially funds a reserve account for an
        HOA, the developer has created a reserve account, which must be funded unless
        waived by the members.
   • Requires condominiums to maintain official records in a manner determined by DBPR,
        and allows DBPR to investigate complaints related to the maintenance of official records.
   • Requires condominiums to provide a checklist to a unit owner who is requesting official
        records.
   • Defines the term "financial issue" and authorizes DBPR to investigate complaints related
        to the financial issues of a condominium.
   • Allows DBPR to adopt rules to establish requirements for certain training programs.
   • Provides that the installation of a natural gas fuel station may not be the basis for filing a
        lien against a condominium association, but it may be the basis for filing a lien against
        the unit owner installing the station.
   • Makes conforming changes to the Condominium Act, Cooperative Act, and the HOA Act
        related to arbitration and mediation and DBPR's arbitration program.
   • Provides that amendments to an HOA's governing documents related to the prohibition
        or regulation of rentals only applies to owners consenting to the amendment or owners
        who acquire a parcel after the effective date of the amendment. However, amendments
        prohibiting or regulating rentals that are for less than six months or prohibiting or
        regulating parcels that are rented more than three times in a calendar year apply to all
        parcel owners.
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. CS/CS/HB 623   (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 Shoaf offered the following:
 3
 4          Amendment (with title amendment)
 5             Remove everything after the enacting clause and insert:
 6             Section 1.     Paragraph (a) of subsection (2) of section
 7     514.0115, Florida Statutes, is amended to read:
 8             514.0115     Exemptions from supervision or regulation;
 9     variances.-
10             (2) (a)    Pools serving condominium, cooperative, and
11     homeowners' associations, as well as other property
12     associations, which have no more than 32 condominium or
13     cooperative units or parcels and which are not operated as a
14     public lodging establishments are establishment shall be exempt
15     from supervision under this chapter, except for water quality.


     079453 - h623-strike.docx
      Published On: 2/26/2020 7:30:56 PM
                                       Page 1 of 79
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. CS/CS/HB 623    (2020)
      Amendment No. 1



16          Section 2.   Subsection (4) of section 627.714, Florida
17     Statutes, is amended to read:
18          627.714   Residential condominium unit owner coverage; loss
19     assessment coverage required.-
20          (4)   Every individual unit owner's residential property
21     policy must contain a provision stating that the coverage
22     afforded by such policy is excess coverage over the amount
23     recoverable under any other policy covering the same property.
24     If a condominium association's insurance policy does not provide
25     rights for subrogation against the unit owners in the
26     association, an insurance policy issued to an individual unit
27     owner located in the association may not provide rights of
28     subrogation against the condominium association.
29          Section 3.   Section 712.065, Florida Statutes, is created
30     to read:
31          712.065   Extinguishment of discriminatory restrictions.-
32          (1)   As used in this section, the term "discriminatory
33     restriction" means a provision in a title transaction recorded
34     in this state which restricts the ownership, occupancy, or use
35     of any real property in this state by any natural person on the
36     basis of a characteristic that has been held, or is held after
37     July 1, 2020, by the United States Supreme Court or the Florida
38     Supreme Court to be protected against discrimination under the
39     Fourteenth Amendment to the United States Constitution or under


     079453 - h623-strike.docx
     Published On: 2/26/2020 7:30:56 PM
                                  Page 2 of 79
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 623   (2020)
       Amendment No. 1



40     s. 2, Art. I of the State Constitution, including race, color,
41     national origin, religion, gender, or physical disability.
42          (2)   A discriminatory restriction is not enforceable in
43     this state, and all discriminatory restrictions contained in any
44     title transaction recorded in this state are unlawful, are
45     unenforceable, and are declared null and void. Any
46     discriminatory restriction contained in a previously recorded
47     title transaction is extinguished and severed from the recorded
48     title transaction and the remainder of the title transaction
49     remains enforceable and effective except for the severed
50     discriminatory restriction. The recording of any notice
51     preserving or protecting interests or rights pursuant to s.
52     712.05 does not reimpose or preserve any discriminatory
53     restriction that is extinguished under this section.
54          (3)   Upon request of a parcel owner, a discriminatory
55     restriction appearing in a covenant or restriction affecting the
56     parcel may be removed from the covenant or restriction by an
57     amendment approved by a majority vote of the board of directors
58     of the respective property owners' association or an owners'
59     association in which all owners may voluntarily join,
60     notwithstanding any other requirements for approval of an
61     amendment of the covenant or restriction. Unless the amendment
62     also changes other provisions of the covenant or restriction,
63     the recording of an amendment removing a discriminatory


     079453 - h623-strike.docx
      Published On: 2/26/2020 7:30:56 PM
                                  Page 3 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623       (2020)
      Amendment No. 1



64     restriction does not constitute a title transaction occurring
65     after the root of title for purposes of s. 712.03(4).
66          Section 4.     Paragraphs (a),   (b),   (c),   (f) and (g) of
67     subsection (12) of section 718.111, Florida Statutes, are
68     amended to read:
69          718.111     The association.-
70          (12)     OFFICIAL RECORDS.-
71          (a)     From the inception of the association, the association
72     shall maintain each of the following items, if applicable, which
73     constitutes the official records of the association:
74          1.     A copy of the plans, permits, warranties, and other
75     items provided by the developer under pursuant to s. 718.301(4).
76          2.     A photocopy of the recorded declaration of condominium
77     of each condominium operated by the association and each
78     amendment to each declaration.
79          3.     A photocopy of the recorded bylaws of the association
80     and each amendment to the bylaws.
81          4.     A certified copy of the articles of incorporation of
82     the association, or other documents creating the association,
83     and each amendment thereto.
84          5.     A copy of the current rules of the association.
85          6.     A book or books that contain the minutes of all
86     meetings of the association, the board of administration, and
87     the unit owners.


     079453 - h623-strike.docx
      Published On: 2/26/2020 7:30:56 PM
                                     Page 4 of 79
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



 88          7.    A current roster of all unit owners and their mailing
 89     addresses, unit identifications, voting certifications, and, if
 90     known, telephone numbers. The association shall also maintain
 91     the e-mail addresses and facsimile numbers of unit owners
 92     consenting to receive notice by electronic transmission. Thee-
 93     mail addresses and facsimile numbers are not accessible to unit
 94     owners if consent to receive notice by electronic transmission
 95     is not provided in accordance with sub-subparagraph (c)3.e.
 96     However, the association is not liable for an inadvertent
 97     disclosure of the e-mail address or facsimile number for
 98     receiving electronic transmission of notices.
 99          8.    All current insurance policies of the association and
100     condominiums operated by the association.
101          9.    A current copy of any management agreement, lease, or
102     other contract to which the association is a party or under
103     which the association or the unit owners have an obligation or
104     responsibility.
105          10.    Bills of sale or transfer for all property owned by
106     the association.
107          11.    Accounting records for the association and separate
108     accounting records for each condominium that the association
109     operates. Any person who knowingly or intentionally defaces or
110     destroys such records, or who knowingly or intentionally fails
111     to create or maintain such records, with the intent of causing
112     harm to the association or one or more of its members, is
      079453 - h623-strike.docx
      Published On: 2/26/2020 7:30:56 PM
                                    Page 5 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



113     personally subject to a civil penalty under s. 718.501(2) (d)
114     pursuant to s. 718.501(1) (d). The accounting records must
115     include, but are not limited to:
116          a.    Accurate, itemized, and detailed records of all
117     receipts and expenditures.
118          b.    A current account and a monthly, bimonthly, or
119     quarterly statement of the account for each unit designating the
120     name of the unit owner, the due date and amount of each
121     assessment, the amount paid on the account, and the balance due.
122          c.    All audits, reviews, accounting statements, and
123     financial reports of the association or condominium.
124          d.    All contracts for work to be performed. Bids for work
125     to be performed are also considered official records and must be
126     maintained by the association for at least 1 year after receipt
127     of the bid.
128          12.    Ballots, sign-in sheets, voting proxies, and all other
129     papers and electronic records relating to voting by unit owners,
130     which must be maintained for 1 year from the date of the
131     election, vote, or meeting to which the document relates,
132     notwithstanding paragraph (b).
133          13.    All rental records if the association is acting as
134     agent for the rental of condominium units.
135          14.    A copy of the current question and answer sheet as
136     described ins. 718.504.


      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                     Page 6 of 79
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/CS/HB 623    (2020)
        Amendment No. 1



137           15.      All other written records of the association not
138     specifically included in the foregoing which are related to the
139     operation of the association.
140           15.-1-6-.--   A copy of the inspection report as described ins.
141     718. 301 (4) (p).
142           16.-1--1-.-   Bids for materials, equipment, or services.
143           17.      All other written records of the association not
144     specifically included in subparagraphs 1.-16. which are related
145     to the operation of the association.
146           (b)      The official records specified in subparagraphs     (a)l.-
147     6. must be permanently maintained from the inception of the
148     association. Bids for work to be performed or for materials,
149     equipment, or services must be maintained for at least 1 year
150     after receipt of the bid. All other official records must be
151     maintained within the state for at least 7 years, unless
152     otherwise provided by general law. All official records must be
153     maintained in a manner and format determined by the division so
154     that the records are easily accessible for inspection. The
155     records of the association shall be made available to a unit
156     owner within 45 miles of the condominium property or within the
157     county in which the condominium property is located within 10
158     working days after receipt of a written request by the board or
159     its designee. However, such distance requirement does not apply
160     to an association governing a timeshare condominium. This
161     paragraph may be complied with by having a copy of the official

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                         Page 7 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
       Amendment No. 1



162     records of the association available for inspection or copying
163     on the condominium property or association property, or the
164     association may offer the option of making the records available
165     to a unit owner electronically via the Internet or by allowing
166     the records to be viewed in electronic format on a computer
167     screen and printed upon request. The association is not
168     responsible for the use or misuse of the information provided to
169     an association member or his or her authorized representative in
170     pursuant to the compliance with requirements of this chapter
171     unless the association has an affirmative duty not to disclose
172     such information under pursuant to this chapter.
173          (c)l.   The official records of the association are open to
174     inspection by any association member or the authorized
175     representative of such member at all reasonable times. The right
176     to inspect the records includes the right to make or obtain
177     copies, at the reasonable expense, if any, of the member or
178     authorized representative of such member. A renter of a unit
179     only has a right to inspect and copy the declaration of
180     condominium and association's bylaws and rules. The association
181     must provide a checklist to the member or the authorized
182     representative of such member of all records that are made
183     available for inspection and copying in response to a written
184     request. If any of the association's official records are not
185     available, such records must be identified on the checklist
186     provided to the person requesting the records. The checklist

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 8 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



187     must be signed by a manager, licensed pursuant to chapter 468
188     who certifies that the checklist is accurate to the best of his
189     or her knowledge and belief, or the association must provide the
190     person requesting the records with a sworn affidavit attesting
191     to the veracity of the checklist and executed by the person
192     responding to the written request on behalf of the association.
193     The association must maintain a copy of the checklist and
194     affidavit for at least 7 years. Delivery of the checklist and,
195     if required, the sworn affidavit to the person requesting the
196     records creates a rebuttable presumption that the association
197     complied with this paragraph. The association may adopt
198     reasonable rules regarding the frequency, time, location,
199     notice, and manner of record inspections and copying, but may
200     not require a member to demonstrate any purpose or state any
201     reason for the inspection. The failure of an association to
202     provide the records within 10 working days after receipt of a
203     written request creates a rebuttable presumption that the
204     association willfully failed to comply with this paragraph. A
205     unit owner who is denied access to official records is entitled
206     to the actual damages or minimum damages for the association's
207     willful failure to comply. Minimum damages are $50 per calendar
208     day for up to 10 days, beginning on the 11th working day after
209     receipt of the written request. The failure to permit inspection
210     entitles any person prevailing in an enforcement action to
211     recover reasonable attorney fees from the person in control of
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                  Page 9 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



212     the records who, directly or indirectly, knowingly denied access
213     to the records.
214           2.   Any person who knowingly or intentionally defaces or
215     destroys accounting records that are required by this chapter to
216     be maintained during the period for which such records are
217     required to be maintained, or who knowingly or intentionally
218     fails to create or maintain accounting records that are required
219     to be created or maintained, with the intent of causing harm to
220     the association or one or more of its members, is personally
221     subject to a civil penalty under 718.501(2) (d) pursuant to s.
222     718. 501 (1) (d).
223           3.   The association shall maintain an adequate number of
224     copies of the declaration, articles of incorporation, bylaws,
225     and rules, and all amendments to each of the foregoing, as well
226     as the question and answer sheet as described ins. 718.504 and
227     year-end financial information required under this section, on
228     the condominium property to ensure their availability to unit
229     owners and prospective purchasers, and may charge its actual
230     costs for preparing and furnishing these documents to those
231     requesting the documents. An association shall allow a member or
232     his or her authorized representative to use a portable device,
233     including a smartphone, tablet, portable scanner, or any other
234     technology capable of scanning or taking photographs, to make an
235     electronic copy of the official records in lieu of the
236     association's providing the member or his or her authorized
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                    Page 10 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



237     representative with a copy of such records. The association may
238     not charge a member or his or her authorized representative for
239     the use of a portable device. Notwithstanding this paragraph,
240     the following records are not accessible to unit owners:
241             a.   Any record protected by the lawyer-client privilege as
242     described ins. 90.502 and any record protected by the work-
243     product privilege, including a record prepared by an association
244     attorney or prepared at the attorney's express direction, which
245     reflects a mental impression, conclusion, litigation strategy,
246     or legal theory of the attorney or the association, and which
247     was prepared exclusively for civil or criminal litigation or for
248     adversarial administrative proceedings, or which was prepared in
249     anticipation of such litigation or proceedings until the
250     conclusion of the litigation or proceedings.
251             b.   Information obtained by an association in connection
252     with the approval of the lease, sale, or other transfer of a
253     unit.
254             c.   Personnel records of association or management company
255     employees, including, but not limited to, disciplinary, payroll,
256     health, and insurance records. For purposes of this sub-
257     subparagraph, the term ''personnel records" does not include
258     written employment agreements with an association employee or
259     management company, or budgetary or financial records that
260     indicate the compensation paid to an association employee.
261             d.   Medical records of unit owners.
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                      Page 11 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
       Amendment No. 1



262          e.   Social security numbers, driver license numbers, credit
263     card numbers, e-mail addresses, telephone numbers, facsimile
264     numbers, emergency contact information, addresses of a unit
265     owner other than as provided to fulfill the association's notice
266     requirements, and other personal identifying information of any
267     person, excluding the person's name,· unit designation, mailing
268     address, property address, and any address, e-mail address, or
269     facsimile number provided to the association to fulfill the
270     association's notice requirements. Notwithstanding the
271     restrictions in this sub-subparagraph, an association may print
272     and distribute to unit parcel owners a directory containing the
273     name, unit parcel address, and all telephone numbers of each
274     unit parcel owner. However, an owner may exclude his or her
275     telephone numbers from the directory by so requesting in writing
276     to the association. An owner may consent in writing to the
277     disclosure of other contact information described in this sub-
278     subparagraph. The association is not liable for the inadvertent
279     disclosure of information that is protected under this sub-
280     subparagraph if the information is included in an official
281     record of the association and is voluntarily provided by an
282     owner and not requested by the association.
283          f.   Electronic security measures that are used by the
284     association to safeguard data, including passwords.
285          g.   The software and operating system used by the
286     association which allow the manipulation of data, even if the

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 12 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623    (2020)
       Amendment No. 1



287     owner owns a copy of the same software used by the association.
288     The data is part of the official records of the association.
289          (f)     An outgoing board or committee member must relinquish
290     all official records and property of the association in his or
291     her possession or under his or her control to the incoming board
292     within 5 days after the election. The division shall impose a
293     civil penalty as set forth ins. 718.501(2) (d)6. -s.-
294     718.501(1) (d)6. against an outgoing board or committee member
295     who willfully and knowingly fails to relinquish such records and
296     property.
297          (g)l.     By January 1, 2019, an association managing a
298     condominium with 150 or more units which does not contain
299     timeshare units shall post digital copies of the documents
300     specified in subparagraph 2. on its website or make such
301     documents available through an application that can be
302     downloaded on a mobile device.
303          a.     The association's website or application must be:
304          (I)     An independent website, application, or web portal
305     wholly owned and operated by the association; or
306          (II)     A website, application, or web portal operated by a
307     third-party provider with whom the association owns, leases,
308     rents, or otherwise obtains the right to operate a web page,
309     subpage, web portal, e-r collection of subpages or web portalsL
310     or application which is dedicated to the association's


      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                     Page 13 of 79
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



311     activities and on which required notices, records, and documents
312     may be posted or made available by the association.
313          b.   The association's website or application must be
314     accessible through the Internet and must contain a subpage, web
315     portal, or other protected electronic location that is
316     inaccessible to the general public and accessible only to unit
317     owners and employees of the association.
318          c.   Upon a unit owner's written request, the association
319     must provide the unit owner with a username and password and
320     access to the protected sections of the association's website or
321     application that contain any notices, records, or documents that
322     must be electronically provided.
323          2.   A current copy of the following documents must be
324     posted in digital format on the association's website or
325     application:
326          a.   The recorded declaration of condominium of each
327     condominium operated by the association and each amendment to
328     each declaration.
329          b.   The recorded bylaws of the association and each
330     amendment to the bylaws.
331          c.   The articles of incorporation of the association, or
332     other documents creating the association, and each amendment to
333     the articles of incorporation or other documents thereto. The
334     copy posted pursuant to this sub-subparagraph must be a copy of


      079453 - h623-strike.docx
      Published On: 2/26/2020 7:30:56 PM
                                   Page 14 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
       Amendment No. 1



335     the articles of incorporation filed with the Department of
336     State.
337          d.    The rules of the association.
338          e.    A list of all executory contracts or documents to which
339     the association is a party or under which the association or the
340     unit owners have an obligation or responsibility and, after
341     bidding for the related materials, equipment, or services has
342     closed, a list of bids received by the association within the
343     past year. Summaries of bids for materials, equipment, or
344     services which exceed $500 must be maintained on the website or
345     application for 1 year. In lieu of summaries, complete copies of
346     the bids may be posted.
347          f.    The annual budget required bys. 718.112(2) (f) and any
348     proposed budget to be considered at the annual meeting.
349          g.    The financial report required by subsection (13) and
350     any monthly income or expense statement to be considered at a
351     meeting.
352          h.    The certification of each director required bys.
353     718.112(2) (d)4.b.
354          i.    All contracts or transactions between the association
355     and any director, officer, corporation, firm, or association
356     that is not an affiliated condominium association or any other
357     entity in which an association director is also a director or
358     officer and financially interested.


      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                    Page 15 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
       Amendment No. 1



359          j.   Any contract or document regarding a conflict of
360     interest or possible conflict of interest as provided in ss.
361     468.436(2) (b)6. and 718.3027(3).
362          k.   The notice of any unit owner meeting and the agenda for
363     the meeting, as required bys. 718.112(2) (d)3., no later than 14
364     days before the meeting. The notice must be posted in plain view
365     on the front page of the website or application, or on a
366     separate subpage of the website or application labeled ''Notices"
367     which is conspicuously visible and linked from the front page.
368     The association must also post on its website or application any
369     document to be considered and voted on by the owners during the
370     meeting or any document listed on the agenda at least 7 days
371     before the meeting at which the document or the information
372     within the document will be considered.
373          1.   Notice of any board meeting, the agenda, and any other
374     document required for the meeting as required bys.
375     718.112(2) (c), which must be posted no later than the date
376     required for notice under pursuant to s. 718.112(2) (c).
377          3.   The association shall ensure that the information and
378     records described in paragraph (c), which are not allowed to be
379     accessible to unit owners, are not posted on the association's
380     website or application. If protected information or information
381     restricted from being accessible to unit owners is included in
382     documents that are required to be posted on the association's
383     website or application, the association shall ensure the

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 16 of 79
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/CS/HB 623        (2020)
        Amendment No. 1



384     information is redacted before posting the documents online.
385     Notwithstanding the foregoing, the association or its agent is
386     not liable for disclosing information that is protected or
387     restricted under pursuant to this paragraph unless such
388     disclosure was made with a knowing or intentional disregard of
389     the protected or restricted nature of such information.
390          4.    The failure of the association to post information
391     required under subparagraph 2. is not in and of itself
392     sufficient to invalidate any action or decision of the
393     association's board or its committees.
394          Section 5.     Paragraphs (d),   (i),   (j),   (k), and (p) of
395     subsection (2) of section 718.112, Florida Statutes, are
396     amended, and paragraph (c) is added to subsection (1) of that
397     section, to read:
398          718.112     Bylaws.-
399          (1)    GENERALLY.-
400          (c)    The association may extinguish a discriminatory
401     restriction, as defined ins. 712.065(1) pursuant to s. 712.065.
402          (2)    REQUIRED PROVISIONS.-The bylaws shall provide for the
403     following and, if they do not do so, shall be deemed to include
404     the following:
405          (d)    Unit owner meetings.-
406          l.    An annual meeting of the unit owners must be held at
407     the location provided in the association bylaws and, if the
408     bylaws are silent as to the location, the meeting must be held
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                     Page 17 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



409     within 45 miles of the condominium property. However, such
410     distance requirement does not apply to an association governing
411     a timeshare condominium.
412          2.   Unless the bylaws provide otherwise, a vacancy on the
413     board caused by the expiration of a director's term must be
414     filled by electing a new board member, and the election must be
415     by secret ballot. An election is not required if the number of
416     vacancies equals or exceeds the number of candidates. For
417     purposes of this paragraph, the term ''candidate" means an
418     eligible person who has timely submitted the written notice, as
419     described in sub-subparagraph 4.a., of his or her intention to
420     become a candidate. Except in a timeshare or nonresidential
421     condominium, or if the staggered term of a board member does not
422     expire until a later annual meeting, or if all members' terms
423     would otherwise expire but there are no candidates, the terms of
424     all board members expire at the annual meeting, and such members
425     may stand for reelection unless prohibited by the bylaws. Board
426     members may serve terms longer than 1 year if permitted by the
427     bylaws or articles of incorporation. A board member may not
428     serve more than 8 consecutive years unless approved by an
429     affirmative vote of unit owners representing two-thirds of all
430     votes cast in the election or unless there are not enough
431     eligible candidates to fill the vacancies on the board at the
432     time of the vacancy. Only board service that occurs on or after
433     July 1, 2018, may be used when calculating a board member's term

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 18 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



434     limit. If the number of board members whose terms expire at the
435     annual meeting equals or exceeds the number of candidates, the
436     candidates become members of the board effective upon the
437     adjournment of the annual meeting. Unless the bylaws provide
438     otherwise, any remaining vacancies shall be filled by the
439     affirmative vote of the majority of the directors making up the
440     newly constituted board even if the directors constitute less
441     than a quorum or there is only one director. In a residential
442     condominium association of more than 10 units or in a
443     residential condominium association that does not include
444     timeshare units or timeshare interests, co-owners of a unit may
445     not serve as members of the board of directors at the same time
446     unless they own more than one unit or unless there are not
447     enough eligible candidates to fill the vacancies on the board at
448     the time of the vacancy. A unit owner in a residential
449     condominium desiring to be a candidate for board membership must
450     comply with sub-subparagraph 4.a. and must be eligible to be a
451     candidate to serve on the board of directors at the time of the
452     deadline for submitting a notice of intent to run in order to
453     have his or her name listed as a proper candidate on the ballot
454     or to serve on the board. A person who has been suspended or
455     removed by the division under this chapter, or who is delinquent
456     in the payment of any monetary obligation due to the
457     association, is not eligible to be a candidate for board
458     membership and may not be listed on the ballot. A person who has

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                  Page 19 of 79
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 623     (2020)
        Amendment No. 1



459     been convicted of any felony in this state or in a United States
460     District or Territorial Court, or who has been convicted of any
461     offense in another jurisdiction which would be considered a
462     felony if committed in this state, is not eligible for board
463     membership unless such felon's civil rights have been restored
464     for at least 5 years as of the date such person seeks election
465     to the board. The validity of an action by the board is not
466     affected if it is later determined that a board member is
467     ineligible for board membership due to having been convicted of
468     a felony. This subparagraph does not limit the term of a member
469     of the board of a nonresidential or timeshare condominium.
470          3.   The bylaws must provide the method of calling meetings
471     of unit owners, including annual meetings. Written notice of an
472     annual meeting must include an agenda~, must be mailed, hand
473     delivered, or electronically transmitted to each unit owner at
474     least 14 days before the annual meeting~, and rn-u-s-t- be posted in
475     a conspicuous place on the condominium property at least 14
476     continuous days before the annual meeting. Written notice of a
477     meeting other than an annual meeting must include an agenda; be
478     mailed, hand delivered, or electronically transmitted to each
479     unit owner; and be posted in a conspicuous place on the
480     condominium property in accordance with the minimum period of
481     time for posting a notice as set forth in the bylaws, and if the
482     bylaws do not provide such notice requirements, then at least 14
483     continuous days before the meeting. Upon notice to the unit

      079453 - h623-strike.docx
      Published On: 2/26/2020 7:30:56 PM
                                    Page 20 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



484     owners, the board shall, by duly adopted rule, designate a
485     specific location on the condominium property where all notices
486     of unit owner meetings must be posted. This requirement does not
487     apply if there is no condominium property for posting notices.
488     In lieu of, or in addition to, the physical posting of meeting
489     notices, the association may, by reasonable rule, adopt a
490     procedure for conspicuously posting and repeatedly broadcasting
491     the notice and the agenda on a closed-circuit cable television
492     system serving the condominium association. However, if
493     broadcast notice is used in lieu of a notice posted physically
494     on the condominium property, the notice and agenda must be
495     broadcast at least four times every broadcast hour of each day
496     that a posted notice is otherwise required under this section.
497     If broadcast notice is provided, the notice and agenda must be
498     broadcast in a manner and for a sufficient continuous length of
499     time so as to allow an average reader to observe the notice and
500     read and comprehend the entire content of the notice and the
501     agenda. In addition to any of the authorized means of providing
502     notice of a meeting of the board, the association may, by rule,
503     adopt a procedure for conspicuously posting the meeting notice
504     and the agenda on a website serving the condominium association
505     for at least the minimum period of time for which a notice of a
506     meeting is also required to be physically posted on the
507     condominium property. Any rule adopted shall, in addition to
508     other matters, include a requirement that the association send
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                  Page 21 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
       Amendment No. 1



509     an electronic notice in the same manner as a notice for a
510    meeting of the members, which must include a hyperlink to the
511     website where the notice is posted, to unit owners whose e-mail
512     addresses are included in the association's official records.
513     Unless a unit owner waives in writing the right to receive
514     notice of the annual meeting, such notice must be hand
515     delivered, mailed, or electronically transmitted to each unit
516     owner. Notice for meetings and notice for all other purposes
517     must be mailed to each unit owner at the address last furnished
518     to the association by the unit owner, or hand delivered to each
519     unit owner. However, if a unit is owned by more than one person,
520     the association must provide notice to the address that the
521     developer identifies for that purpose and thereafter as one or
522     more of the owners of the unit advise the association in
523     writing, or if no address is given or the owners of the unit do
524     not agree, to the address provided on the deed of record. An
525     officer of the association, or the manager or other person
526     providing notice of the association meeting, must provide an
527     affidavit or United States Postal Service certificate of
528     mailing, to be included in the official records of the
529     association affirming that the notice was mailed or hand
530     delivered in accordance with this provision.
531          4.   The members of the board of a residential condominium
532     shall be elected by written ballot or voting machine. Proxies
533     may not be used in electing the board in general elections or

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 22 of 79
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 623   (2020)
       Amendment No. 1



534     elections to fill vacancies caused by recall, resignation, or
535     otherwise, unless otherwise provided in this chapter. This
536     subparagraph does not apply to an association governing a
537     timeshare condominium.
538          a.   At least 60 days before a scheduled election, the
539     association shall mail, deliver, or electronically transmit, by
540     separate association mailing or included in another association
541     mailing, delivery, or transmission, including regularly
542     published newsletters, to each unit owner entitled to a vote, a
543     first notice of the date of the election. A unit owner or other
544     eligible person desiring to be a candidate for the board must
545     give written notice of his or her intent to be a candidate to
546     the association at least 40 days before a scheduled election.
547     Together with the written notice and agenda as set forth in
548     subparagraph 3., the association shall mail, deliver, or
549     electronically transmit a second notice of the election to all
550     unit owners entitled to vote, together with a ballot that lists
551     all candidates not less than 14 days or more than 34 days before
552     the date of the election. Upon request of a candidate, an
553     information sheet, no larger than 8 1/2 inches by 11 inches,
554     which must be furnished by the candidate at least 35 days before
555     the election, must be included with the mailing, delivery, or
556     transmission of the ballot, with the costs of mailing, delivery,
557     or electronic transmission and copying to be borne by the
558     association. The association is not liable for the contents of
      079453 - h623-strike.docx
      Published On: 2/26/2020 7:30:56 PM
                                   Page 23 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



559     the information sheets prepared by the candidates. In order to
560     reduce costs, the association may print or duplicate the
561     information sheets on both sides of the paper. The division
562     shall by rule establish voting procedures consistent with this
563     sub-subparagraph, including rules establishing procedures for
564     giving notice by electronic transmission and rules providing for
565     the secrecy of ballots. Elections shall be decided by a
566     plurality of ballots cast. There is no quorum requirement;
567     however, at least 20 percent of the eligible voters must cast a
568     ballot in order to have a valid election. A unit owner may not
569     authorize any other person to vote his or her ballot, and any
570     ballots improperly cast are invalid. A unit owner who violates
571     this provision may be fined by the association in accordance
572     withs. 718.303. A unit owner who needs assistance in casting
573     the ballot for the reasons stated ins. 101.051 may obtain such
574     assistance. The regular election must occur on the date of the
575     annual meeting. Notwithstanding this sub-subparagraph, an
576     election is not required unless more candidates file notices of
577     intent to run or are nominated than board vacancies exist.
578          b.   Within 90 days after being elected or appointed to the
579     board of an association of a residential condominium, each newly
580     elected or appointed director shall certify in writing to the
581     secretary of the association that he or she has read the
582     association's declaration of condominium, articles of
583     incorporation, bylaws, and current written policies; that he or

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 24 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



584     she will work to uphold such documents and policies to the best
585     of his or her ability; and that he or she will faithfully
586     discharge his or her fiduciary responsibility to the
587     association's members. In lieu of this written certification,
588     within 90 days after being elected or appointed to the board,
589     the newly elected or appointed director may submit a certificate
590     of having satisfactorily completed the educational curriculum
591     administered by a division-approved condominium education
592     provider within 1 year before or 90 days after the date of
593     election or appointment. The written certification or
594     educational certificate is valid and does not have to be
595     resubmitted as long as the director serves on the board without
596     interruption. A director of an association of a residential
597     condominium who fails to timely file the written certification
598     or educational certificate is suspended from service on the
599     board until he or she complies with this sub-subparagraph. The
600     board may temporarily fill the vacancy during the period of
601     suspension. The secretary shall cause the association to retain
602     a director's written certification or educational certificate
603     for inspection by the members for 5 years after a director's
604     election or the duration of the director's uninterrupted tenure,
605     whichever is longer. Failure to have such written certification
606     or educational certificate on file does not affect the validity
607     of any board action.


      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                  Page 25 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



608          c.   Any challenge to the election process must be commenced
609     within 60 days after the election results are announced.
610          5.   Any approval by unit owners called for by this chapter
611     or the applicable declaration or bylaws, including, but not
612     limited to, the approval requirement ins. 718.111(8), must be
613     made at a duly noticed meeting of unit owners and is subject to
614     all requirements of this chapter or the applicable condominium
615     documents relating to unit owner decisionmaking, except that
616     unit owners may take action by written agreement, without
617     meetings, on matters for which action by written agreement
618     without meetings is expressly allowed by the applicable bylaws
619     or declaration or any law that provides for such action.
620          6.   Unit owners may waive notice of specific meetings if
621     allowed by the applicable bylaws or declaration or any law.
622     Notice of meetings of the board of administration, unit owner
623     meetings, except unit owner meetings called to recall board
624     members under paragraph (j), and committee meetings may be given
625     by electronic transmission to unit owners who consent to receive
626     notice by electronic transmission. A unit owner who consents to
627     receiving notices by electronic transmission is solely
628     responsible for removing or bypassing filters that block receipt
629     of mass e-mails emails sent to members on behalf of the
630     association in the course of giving electronic notices.
631          7.   Unit owners have the right to participate in meetings
632     of unit owners with reference to all designated agenda items.
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 26 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623     (2020)
        Amendment No. 1



633     However, the association may adopt reasonable rules governing
634     the frequency, duration, and manner of unit owner participation.
635          8.     A unit owner may tape record or videotape a meeting of
636     the unit owners subject to reasonable rules adopted by the
637     division.
638          9.     Unless otherwise provided in the bylaws, any vacancy
639     occurring on the board before the expiration of a term may be
640     filled by the affirmative vote of the majority of the remaining
641     directors, even if the remaining directors constitute less than
642     a quorum, or by the sole remaining director. In the alternative,
643     a board may hold an election to fill the vacancy, in which case
644     the election procedures must conform to sub-subparagraph 4.a.
645     unless the association governs 10 units or fewer and has opted
646     out of the statutory election process, in which case the bylaws
647     of the association control. Unless otherwise provided in the
648     bylaws, a board member appointed or elected under this section
649     shall fill the vacancy for the unexpired term of the seat being
650     filled. Filling vacancies created by recall is governed by
651     paragraph (j) and rules adopted by the division.
652          10.     This chapter does not limit the use of general or
653     limited proxies, require the use of general or limited proxies,
654     or require the use of a written ballot or voting machine for any
655     agenda item or election at any meeting of a timeshare
656     condominium association or nonresidential condominium
657     association.
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                     Page 27 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
       Amendment No. 1



658
659     Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
660     association of 10 or fewer units may, by affirmative vote of a
661    majority of the total voting interests, provide for different
662     voting and election procedures in its bylaws, which may be by a
663     proxy specifically delineating the different voting and election
664     procedures. The different voting and election procedures may
665     provide for elections to be conducted by limited or general
666     proxy.
667          (i)   Transfer fees.-No charge shall be made by the
668     association or any body thereof in connection with the sale,
669     mortgage, lease, sublease, or other transfer of a unit unless
670     the association is required to approve such transfer and a fee
671     for such approval is provided for in the declaration, articles,
672     or bylaws. Any such fee may be preset, but in no event may such
673     fee exceed $150-$-±-&& per applicant other than husband/wife or
674     parent/dependent child, which are considered one applicant.
675     However, if the lease or sublease is a renewal of a lease or
676     sublease with the same lessee or sublessee, no charge shall be
677     made. The fees specified in this subsection shall be adjusted
678     every 5 years in an amount equal to the total of the annual
679     increases for that 5-year period in the Consumer Price Index for
680     All Urban Consumers, U.S. City Average, All Items. The
681     Department of Business and Professional Regulation shall
682     periodically calculate the fees,    rounded to the nearest dollar,

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 28 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



683     and publish the amounts, as adjusted, on its website. The
684     foregoing notwithstanding, an association may, if the authority
685     to do so appears in the declaration, articles, or bylaws,
686     require that a prospective lessee place a security deposit, in
687     an amount not to exceed the equivalent of 1 month's rent, into
688     an escrow account maintained by the association. The security
689     deposit shall protect against damages to the common elements or
690     association property. Payment of interest, claims against the
691     deposit, refunds, and disputes under this paragraph shall be
692     handled in the same fashion as provided in part II of chapter
693     83.
694           (j)   Recall of board members.-Subject to s. 718.301, any
695     member of the board of administration may be recalled and
696     removed from office with or without cause by the vote or
697     agreement in writing by a majority of all the voting interests.
698     A special meeting of the unit owners to recall a member or
699     members of the board of administration may be called by 10
700     percent of the voting interests giving notice of the meeting as
701     required for a meeting of unit owners, and the notice shall
702     state the purpose of the meeting. Electronic transmission may
703     not be used as a method of giving notice of a meeting called in
704     whole or in part for this purpose.
705           1.    If the recall is approved by a majority of all voting
706     interests by a vote at a meeting, the recall will be effective
707     as provided in this paragraph. The board shall duly notice and
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                     Page 29 of 79
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 623    (2020)
        Amendment No. 1



708     hold a board meeting within 5 full business days after the
709     adjournment of the unit owner meeting to recall one or more
710     board members. Such member or members shall be recalled
711     effective immediately upon conclusion of the board meeting,
712     provided that the recall is facially valid. A recalled member
713     must turn over to the board, within 10 full business days after
714     the vote, any and all records and property of the association in
715     their possession.
716          2.   If the proposed recall is by an agreement in writing by
717     a majority of all voting interests, the agreement in writing or
718     a copy thereof shall be served on the association by certified
719     mail or by personal service in the manner authorized by chapter
720     48 and the Florida Rules of Civil Procedure. The board of
721     administration shall duly notice and hold a meeting of the board
722     within 5 full business days after receipt of the agreement in
723     writing. Such member or members shall be recalled effective
724     immediately upon the conclusion of the board meeting, provided
725     that the recall is facially valid. A recalled member must turn
726     over to the board, within 10 full business days, any and all
727     records and property of the association in their possession.
728          3.   If the board fails to duly notice and hold a board
729     meeting within 5 full business days after service of an
730     agreement in writing or within 5 full business days after the
731     adjournment of the unit owner recall meeting, the recall shall
732     be deemed effective and the board members so recalled shall turn

      079453 - h623-strike.docx
      Published On: 2/26/2020 7:30:56 PM
                                   Page 30 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



733     over to the board within 10 full business days after the vote
734     any and all records and property of the association.
735          4.   If the board fails to duly notice and hold the required
736     meeting or at the conclusion of the meeting determines that the
737     recall is not facially valid, the unit owner representative may
738     file a petition or action pursuant to s. 718.1255 challenging
739     the board's failure to act or challenging the board's
740     determination on facial validity. The petition or action must be
741     filed within 60 days after the expiration of the applicable 5-
742     full-business-day period. The review of a petition or action
743     under this subparagraph is limited to the sufficiency of service
744     on the board and the facial validity of the written agreement or
745     ballots filed.
746          5.   If a vacancy occurs on the board as a result of a
747     recall or removal and less than a majority of the board members
748     are removed, the vacancy may be filled by the affirmative vote
749     of a majority of the remaining directors, notwithstanding any
750     provision to the contrary contained in this subsection. If
751     vacancies occur on the board as a result of a recall and a
752     majority or more of the board members are removed, the vacancies
753     shall be filled in accordance with procedural rules to be
754     adopted by the division, which rules need not be consistent with
755     this subsection. The rules must provide procedures governing the
756     conduct of the recall election as well as the operation of the


      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 31 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



757     association during the period after a recall but before the
758     recall election.
759          6.   A board member who has been recalled may file a
760     petition or action pursuant to s. 718.1255 challenging the
761     validity of the recall. The petition or action must be filed
762     within 60 days after the recall. The association and the unit
763     owner representative shall be named as the respondents. The
764     petition or action may challenge the facial validity of the
765     written agreement or ballots filed or the substantial compliance
766     with the procedural requirements for the recall. If the
767     arbitrator or court determines the recall was invalid, the
768     petitioning board member shall immediately be reinstated and the
769     recall is null and void. A board member who is successful in
770     challenging a recall is entitled to recover reasonable attorney
771     fees and costs from the respondents. The arbitrator or court may
772     award reasonable attorney fees and costs to the respondents if
773     they prevail, if the arbitrator or court makes a finding that
774     the petitioner's claim is frivolous.
775          7.   The division or a court of competent jurisdiction may
776     not accept for filing a recall petition or action, whether filed
777     pursuant to subparagraph 1., subparagraph 2., subparagraph 4.,
778     or subparagraph 6. when there are 60 or fewer days until the
779     scheduled reelection of the board member sought to be recalled
780     or when 60 or fewer days have elapsed since the election of the
781     board member sought to be recalled.

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 32 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623    (2020)
         Amendment No. 1



782           (k)   Alternative Dispute Resolution Arbitration.- There
783      must shall be a provision for mandatory alternative dispute
784      resolution nonbinding arbitration as provided for ins. 718.1255
785      for any residential condominium.
786           (p)   Service providers; conflicts of interest. ~n
787      association, which is not a timeshare condominium association,
788      may not employ or contract with any service provider that is
789      owned or operated by a board member or with any person who has a
790      financial relationship with a board member or officer, or a
791      relative within the third degree of consanguinity by blood or
7 92     marriage of a board member or officer. This paragraph does not
793      apply to a service provider in ',vhich a board member or officer,
7 94     or a relative within the third degree of consanguinity by blood
795      or marriage of a board member or officer, owns less than 1
796      percent of the equity shares.
7 97          Section 6.    Subsection (8) of section 718.113, Florida
7 98     Statutes, is amended to read:
799           718.113    Maintenance; limitation upon improvement; display
800      of flag; hurricane shutters and protection; display of religious
801      decorations.-
802           (8)   The Legislature finds that the use of electric and
803      natural gas fuel vehicles conserves and protects the state's
804      environmental resources, provides significant economic savings
805      to drivers, and serves an important public interest. The
806      participation of condominium associations is essential to the

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                     Page 33 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



807     state's efforts to conserve and protect the state's
808     environmental resources and provide economic savings to drivers.
809     For purposes of this subsection, the term "natural gas fuel" has
810     the same meaning as ins. 206.9951, and the term "natural gas
811     fuel vehicle" means any motor vehicle, as defined ins. 320.01,
812     that is powered by natural gas fuel. Therefore, the installation
813     of an electric vehicle charging station or natural gas fuel
814     station shall be governed as follows:
815          (a)   A declaration of condominium or restrictive covenant
816     may not prohibit or be enforced so as to prohibit any unit owner
817     from installing an electric vehicle charging station or natural
818     gas fuel station within the boundaries of the unit owner's
819     limited common element or exclusively designated parking area.
820     The board of administration of a condominium association may not
821     prohibit a unit owner from installing an electric vehicle
822     charging station for an electric vehicle, as defined ins.
823     320.01, or a natural gas fuel station for a natural gas fuel
824     vehicle within the boundaries of his or her limited common
825     element or exclusively designated parking area. The installation
826     of such charging or fuel stations are subject to the provisions
827     of this subsection.
828          (b)   The installation may not cause irreparable damage to
829     the condominium property.
830          (c)   The electricity for the electric vehicle charging
831     station or natural gas fuel station must be separately metered
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                    Page 34 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623     (2020)
       Amendment No. 1



832     or metered by an embedded meter and payable by the unit owner
833     installing such charging or fuel station or by his or her
834     successor.
835          (d}     The cost for supply and storage of the natural gas
836     fuel must be paid by the unit owner installing the natural gas
837     fuel station or by his or her successor.
838          (e)-fe+     The unit owner who is installing an electric
839     vehicle charging station or natural gas fuel station is
840     responsible for the costs of installation, operation,
841     maintenance, and repair, including, but not limited to, hazard
842     and liability insurance. The association may enforce payment of
843     such costs under pursuant to s. 718.116.
844          (f)-fet     If the unit owner or his or her successor decides
845     there is no longer a need for the electronic vehicle charging
846     station or natural gas fuel station, such person is responsible
847     for the cost of removal of such the electronic vehicle charging
848     or fuel station. The association may enforce payment of such
849     costs under pursuant to s. 718.116.
850          (g)     The unit owner installing, maintaining, or removing
851     the electric vehicle charging station or natural gas fuel
852     station is responsible for complying with all federal, state, or
853     local laws and regulations applicable to such installation,
854     maintenance, or removal.
855          J..bl-tf+   The association may require the unit owner to:


      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                      Page 35 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



856          1.    Comply with bona fide safety requirements, consistent
857     with applicable building codes or recognized safety standards,
858     for the protection of persons and property.
859          2.    Comply with reasonable architectural standards adopted
860     by the association that govern the dimensions, placement, or
861     external appearance of the electric vehicle charging station or
862     natural gas fuel station, provided that such standards may not
863     prohibit the installation of such charging or fuel station or
864     substantially increase the cost thereof.
865          3.    Engage the services of a licensed and registered firm
866     electrical contractor or engineer familiar with the installation
867     or removal and core requirements of an electric vehicle charging
868     station or natural gas fuel station.
869          4.    Provide a certificate of insurance naming the
870     association as an additional insured on the owner's insurance
871     policy for any claim related to the installation, maintenance,
872     or use of the electric vehicle charging station or natural gas
873     fuel station within 14 days after receiving the association's
874     approval to install such charging or fuel station or notice to
875     provide such a certificate.
876          5.    Reimburse the association for the actual cost of any
877     increased insurance premium amount attributable to the electric
878     vehicle charging station or natural gas fuel station within 14
879     days after receiving the association's insurance premium
880     invoice.
      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                    Page 36 of 79
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



881          J.jJ_+J+-     The association provides an implied easement across
882     the common elements of the condominium property to the unit
883     owner for purposes of the installation of the electric vehicle
884     charging station or natural gas fuel station installation, and
885     the furnishing of electrical power or natural gas fuel supply,
886     including any necessary equipment, to such charging or fuel
887     station, subject to the requirements of this subsection.
888          Section 7.        Subsection (16) of section 718.117, Florida
889     Statutes, is amended to read:
890          718.117        Termination of condominium.-
891          (16)        RIGHT TO CONTEST.-A unit owner or lienor may contest
892     a plan of termination by initiating a petition in accordance
893     with for mandatory nonbinding arbitration pursuant to s.
894     718.1255 within 90 days after the date the plan is recorded. A
895     unit owner or lienor may only contest the fairness and
896     reasonableness of the apportionment of the proceeds from the
897     sale among the unit owners, that the liens of the first
898     mortgages of unit owners other than the bulk owner have not or
899     will not be satisfied to the extent required by subsection (3),
900     or that the required vote to approve the plan was not obtained.
901     A unit owner or lienor who does not contest the plan within the
902     90-day period is barred from asserting or prosecuting a claim
903     against the association, the termination trustee, any unit
904     owner, or any successor in interest to the condominium property.
905     In an action contesting a plan of termination, the person

      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                        Page 37 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



906     contesting the plan has the burden of pleading and proving that
907     the apportionment of the proceeds from the sale among the unit
908     owners was not fair and reasonable or that the required vote was
909     not obtained. The apportionment of sale proceeds is presumed
910     fair and reasonable if it was determined pursuant to the methods
911     prescribed in subsection (12). If the petition is filed with the
912     division for arbitration, the arbitrator shall determine the
913     rights and interests of the parties in the apportionment of the
914     sale proceeds. If the arbitrator determines that the
915     apportionment of sales proceeds is not fair and reasonable, the
916     arbitrator may void the plan or may modify the plan to apportion
917     the proceeds in a fair and reasonable manner pursuant to this
918     section based upon the proceedings and order the modified plan
919     of termination to be implemented. If the arbitrator determines
920     that the plan was not properly approved, or that the procedures
921     to adopt the plan were not properly followed, the arbitrator may
922     void the plan or grant other relief it deems just and proper.
923     The arbitrator shall automatically void the plan upon a finding
924     that any of the disclosures required in subparagraph (3) (c)5.
925     are omitted, misleading, incomplete, or inaccurate. Any
926     challenge to a plan, other than a challenge that the required
927     vote was not obtained, does not affect title to the condominium
928     property or the vesting of the condominium property in the
929     trustee, but shall only be a claim against the proceeds of the


      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                  Page 38 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



930     plan. In any such action, the prevailing party shall recover
931     reasonable attorney fees and costs.
932          Section 8.   Subsection (2) of section 718.121, Florida
933     Statutes, is amended to read:
934          718.121   Liens.-
935          (2)   Labor performed on or materials furnished to a unit
936     shall not be the basis for the filing of a lien pursuant to part
937     I of chapter 713, the Construction Lien Law, against the unit or
938     condominium parcel of any unit owner not expressly consenting to
939     or requesting the labor or materials. Labor performed on or
940     materials furnished for the installation of a natural gas fuel
941     station or an electronic vehicle charging station pursuant to s.
942     718.113(8) may not be the basis for filing a lien under part I
943     of chapter 713 against the association, but such a lien may be
944     filed against the unit owner. Labor performed on or materials
945     furnished to the common elements are not the basis for a lien on
946     the common elements, but if authorized by the association, the
947     labor or materials are deemed to be performed or furnished with
948     the express consent of each unit owner and may be the basis for
949     the filing of a lien against all condominium parcels in the
950     proportions for which the owners are liable for common expenses.
951          Section 9.   Subsections (5) and (6) of section 718.1255,
952     Florida Statutes, are renumbered as subsections (6) and (7),
953     respectively, paragraph (a) of subsection (4) of that section is


      079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 39 of 79
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. CS/CS/HB 623        (2020)
        Amendment No. 1



954      amended, and a new subsection (5)        is added to that section, to
955      read:
956              718.1255    Alternative dispute resolution; voluntary
957     mediation; mandatory nonbinding arbitration; legislative
958      findings.-
959              ( 4)   HZ'1HD.7'1TORY NONBINDING ARBITRATION AND MEDIATION OF

960      DISPUTES.-The Division of Florida Condominiums, Timeshares, and
961     Mobile Homes of the Department of Business and Professional
962      Regulation may employ full-time attorneys to act as arbitrators
963      to conduct the arbitration hearings provided by this chapter.
964      The division may also certify attorneys who are not employed by
965      the division to act as arbitrators to conduct the arbitration
966      hearings provided by this chapter.~ fte person may not be
967      employed by the department as a full-time arbitrator unless he
968      or she is a member in good standing of The Florida Bar. A person
969      may only be certified by the division to act as an arbitrator if
970      he or she has been a member in good standing of The Florida Bar
971      for at least 5 years and has mediated or arbitrated at least 10
972      disputes involving condominiums in this state during the 3 years
973      immediately preceding the date of application, mediated or
974      arbitrated at least 30 disputes in any subject area in this
97 5     state during the 3 years immediately preceding the date of
97 6     application, or attained board certification in real estate law
977      or condominium and planned development law from The Florida Bar.
978      Arbitrator certification is valid for 1 year. An arbitrator who

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                         Page 40 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



 979     does not maintain the minimum qualifications for initial
 980     certification may not have his or her certification renewed. The
 981     department may not enter into a legal services contract for an
 982     arbitration hearing under this chapter with an attorney who is
 983     not a certified arbitrator unless a certified arbitrator is not
 984     available within 50 miles of the dispute. The department shall
 985     adopt rules of procedure to govern such arbitration hearings
 986     including mediation incident thereto. The decision of an
 987     arbitrator is shall be final; however, a decision is shall not
 988     be deemed final agency action. Nothing in this provision shall
 989     be construed to foreclose parties from proceeding in a trial de
 990     novo unless the parties have agreed that the arbitration is
 991     binding. If judicial proceedings are initiated, the final
 992     decision of the arbitrator is shall be admissible in evidence in
 993     the trial de nova.
 994          (a)   Before Prior to the institution of court litigation, a
 995     party to a dispute shall either petition the division for
 996     nonbinding arbitration or initiate presuit mediation as provided
 997     in subsection (5). Arbitration is binding on the parties if all
 998     parties in arbitration agree to be bound in a writing filed in
 999     arbitration. The petition must be accompanied by a filing fee in
1000     the amount of $50. Filing fees collected under this section must
1001     be used to defray the expenses of the alternative dispute
1002     resolution program.


       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 41 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 62 3     ( 2 02 0)
        Amendment No. 1



1003          (5)   PRESUIT MEDIATION.-In lieu of the initiation of
1004     nonbinding arbitration as set forth in subsections (1)-(4), a
1005     party may submit a dispute to presuit mediation in accordance
1006     withs. 720.311. Election and recall disputes are not eligible
1007     for mediation and such disputes must be arbitrated by the
1008     division or filed with a court of competent jurisdiction.
1009          Section 10.   Subsection (3) of section 718.202, Florida
1010     Statutes, is amended to read:
1011          718.202   Sales or reservation deposits prior to closing.-
1012          (3)   If the contract for sale of the condominium unit so
1013     provides, the developer may withdraw escrow funds in excess of
1014     10 percent of the purchase price from the special account
1015     required by subsection (2) when the construction of improvements
1016     has begun. He or she may use the funds for the actual costs
1017     incurred by the developer in the actual construction and
1018     development of the condominium property in which the unit to be
1019     sold is located. Actual costs include, but are not limited to,
1020     expenditures for demolition, site clearing, permit fees,        impact
1021     fees, and utility reservation fees, as well as architectural,
1022     engineering, and surveying fees that directly relate to
1023     construction and development. However, no part of these funds
1024     may be used for salaries, commissions, or expenses of
1025     salespersons~ e-r for advertising, marketing, or promotional
1026     purposes; or for loan fees,   costs or interest, attorney fees,
1027     accounting fees, or insurance. A contract which permits use of

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 42 of 79
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1028     the advance payments for these purposes shall include the
1029     following legend conspicuously printed or stamped in boldfaced
1030     type on the first page of the contract and immediately above the
1031     place for the signature of the buyer: ANY PAYMENT IN EXCESS OF
1032     10 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO
1033     CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION
1034     PURPOSES BY THE DEVELOPER.
1035          Section 11.   Subsection (1) and paragraph (b) of subsection
1036     (3) of section 718.303, Florida Statutes, are amended to read:
1037          718.303   Obligations of owners and occupants; remedies.-
1038          (1)   Each unit owner, ea€ft tenant and other invitee, and
1039     ea€ft association is governed by,    and must comply with the
1040     provisions of, this chapter, the declaration, the documents
1041     creating the association, and the association bylaws which are
1042     shall be deemed expressly incorporated into any lease of a unit.
1043     Actions at law or in equity for damages or for injunctive
1044     relief, or both, for failure to comply with these provisions may
1045     be brought by the association or by a unit owner against:
1046          (a)   The association.
1047          (b)   A unit owner.
1048          (c)   Directors designated by the developer, for actions
1049     taken by them before control of the association is assumed by
1050     unit owners other than the developer.
1051          (d)   Any director who willfully and knowingly fails to
1052     comply with these provisions.
       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                       Page 43 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623    (2020)
         Amendment No. 1



1053          (e)   Any tenant leasing a unit, and any other invitee
1054     occupying a unit.
1055
1056     The prevailing party in any such action or in any action in
1057     which the purchaser claims a right of voidability based upon
1058     contractual provisions as required ins. 718.503(1) (a)    is
1059     entitled to recover reasonable attorney attorney's fees. A unit
1060     owner prevailing in an action between the association and the
1061     unit owner under this subsection section, in addition to
1062     recovering his or her reasonable attorney attorney's fees, may
1063     recover additional amounts as determined by the court to be
1064     necessary to reimburse the unit owner for his or her share of
1065     assessments levied by the association to fund its expenses of
1066     the litigation. This relief does not exclude other remedies
1067     provided by law. Actions arising under this subsection are not
1068     considered may not be deemed to be actions for specific
1069     performance.
1070          (3)   The association may levy reasonable fines for the
1071     failure of the owner of the unit or its occupant, licensee, or
1072     invitee to comply with any provision of the declaration, the
1073     association bylaws, or reasonable rules of the association. A
1074     fine may not become a lien against a unit. A fine may be levied
1075     by the board on the basis of each day of a continuing violation,
1076     with a single notice and opportunity for hearing before a


       079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                    Page 44 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



1077     committee as provided in paragraph (b). However, the fine may
1078     not exceed $100 per violation, or $1,000 in the aggregate.
1079          (b)   A fine or suspension levied by the board of
1080     administration may not be imposed unless the board first
1081     provides at least 14 days' written notice to the unit owner and,
1082     if applicable, any tenant occupant, licensee, or invitee of the
1083     unit owner sought to be fined or suspended, and an opportunity
1084     for a hearing before a committee of at least three members
1085     appointed by the board who are not officers, directors, or
1086     employees of the association, or the spouse, parent, child,
1087     brother, or sister of an officer, director, or employee. The
1088     role of the committee is limited to determining whether to
1089     confirm or reject the fine or suspension levied by the board. If
1090     the committee does not approve the proposed fine or suspension
1091     by majority vote, the fine or suspension may not be imposed. If
1092     the proposed fine or suspension is approved by the committee,
1093     the fine payment is due 5 days after notice of the approved fine
1094     is provided to the unit owner and, if applicable, to any tenant,
1095     licensee, or invitee of the unit owner the date of the committee
1096     meeting at which the fine is approved. The association must
1097     provide written notice of such fine or suspension by mail or
1098     hand delivery to the unit owner and, if applicable, to any
1099     tenant, licensee, or invitee of the unit owner.
1100          Section 12.   Present subsections (1) and (2) of section
1101     718.501, Florida Statutes, are redesignated as subsections (2)
       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 45 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1102     and (3), respectively, a new subsection (1)    is added to that
1103     section and paragraphs (h) and (j) of present subsection (1) of
1104     that section are amended, to read:
1105          718.501   Authority, responsibility, and duties of Division
1106     of Florida Condominiums, Timeshares, and Mobile Homes.-
1107          (1)   As used in this section, the term ''financial issue"
1108     means an issue related to operating budgets; reserve schedules;
1109     accounting records under s. 718.111(12) (a)ll.; notices of
1110     meetings; minutes of meetings discussing budget or financial
1111     issues; assessments for common expenses, fees, or fines; the
1112     commingling of funds; and any other record necessary to
1113     determine the revenues and expenses of the association. The
1114     division may adopt rules to further define what a financial
1115     issue is under this section and may adopt a rule outlining the
1116     requirements of the checklist under s. 718.lll(c)l.
1117          (2)   The division may enforce and ensure compliance with
1118     the provisions of this chapter and rules relating to the
1119     development, construction, sale, lease, ownership, operation,
1120     and management of residential condominium units. In performing
1121     its duties, the division has complete jurisdiction to
1122     investigate complaints and enforce compliance with respect to
1123     associations that are still under developer control or the
1124     control of a bulk assignee or bulk buyer pursuant to part VII of
1125     this chapter and complaints against developers, bulk assignees,
1126     or bulk buyers involving improper turnover or failure to

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 46 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623      (2020)
        Amendment No. 1



1127     turnover, pursuant to s. 718.301. However, after turnover has
1128     occurred, the division has jurisdiction to investigate
1129     complaints related only to financial issues, elections, and the
1130    maintenance of and unit owner access to association records
1131     under pursuant to s. 718.111(12).
1132          (h)   The division shall furnish each association that pays
1133     the fees required by paragraph (3) (a)   (2) (a) a copy of this
1134     chapter, as amended, and the rules adopted thereto on an annual
1135     basis.
1136          (j)   The division shall provide training and educational
1137     programs for condominium association board members and unit
1138     owners. The training may, in the division's discretion, include
1139     web-based electronic media, and live training and seminars in
1140     various locations throughout the state. The division may review
1141     and approve education and training programs for board members
1142     and unit owners offered by providers and shall maintain a
1143     current list of approved programs and providers and make such
1144     list available to board members and unit owners in a reasonable
1145     and cost-effective manner. The division may adopt rules to
1146     establish requirements for the training and educational programs
1147     required in this paragraph.
1148          Section 13.    Section 718.5014, Florida Statutes, is amended
1149     to read:
1150          718.5014    Ombudsman location.-The ombudsman shall maintain
1151     his or her principal office in a Leon County on the premises of

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                     Page 47 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1152     the division or, if suitable space cannot be provided there, at
1153     another place convenient to the offices of the division which
1154     will enable the ombudsman to expeditiously carry out the duties
1155     and functions of his or her office. The ombudsman may establish
1156     branch offices elsewhere in the state upon the concurrence of
1157     the Governor.
1158          Section 14.    Subsection (25) of section 719.103, Florida
1159     Statutes, is amended to read:
1160          719.103    Definitions.-As used in this chapter:
1161          (25)    "Unit" means a part of the cooperative property which
1162     is subject to exclusive use and possession. A unit may be
1163     improvements, land, or land and improvements together, as
1164     specified in the cooperative documents. An interest in a unit is
1165     an interest in real property.
1166          Section 15.    Paragraph (c) of subsection (2) of section
1167     719.104, Florida Statutes, is amended to read:
1168          719.104    Cooperatives; access to units; records; financial
1169     reports; assessments; purchase of leases.-
1170          (2)    OFFICIAL RECORDS.-
1171          (c)    The official records of the association are open to
1172     inspection by any association member or the authorized
1173     representative of such member at all reasonable times. The right
1174     to inspect the records includes the right to make or obtain
1175     copies, at the reasonable expense, if any, of the association
1176     member. The association may adopt reasonable rules regarding the

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                     Page 48 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1177     frequency, time, location, notice, and manner of record
1178     inspections and copying, but may not require a member to
1179     demonstrate any purpose or state any reason for the inspection.
1180     The failure of an association to provide the records within 10
1181     working days after receipt of a written request creates a
1182     rebuttable presumption that the association willfully failed to
1183     comply with this paragraph. A member unit owner who is denied
1184     access to official records is entitled to the actual damages or
1185     minimum damages for the association's willful failure to comply.
1186     The minimum damages are $50 per calendar day for up to 10 days,
1187     beginning on the 11th working day after receipt of the written
1188     request. The failure to permit inspection entitles any person
1189     prevailing in an enforcement action to recover reasonable
1190     attorney fees from the person in control of the records who,
1191     directly or indirectly, knowingly denied access to the records.
1192     Any person who knowingly or intentionally defaces or destroys
1193     accounting records that are required by this chapter to be
1194     maintained during the period for which such records are required
1195     to be maintained, or who knowingly or intentionally fails to
1196     create or maintain accounting records that are required to be
1197     created or maintained, with the intent of causing harm to the
1198     association or one or more of its members, is personally subject
1199     to a civil penalty under pursuant to s. 719.501(1) (d). The
1200     association shall maintain an adequate number of copies of the
1201     declaration, articles of incorporation, bylaws, and rules, and

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                   Page 49 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623    (2020)
         Amendment No. 1



1202     all amendments to each of the foregoing, as well as the question
1203     and answer sheet as described ins. 719.504 and year-end
1204     financial information required by the department, on the
1205     cooperative property to ensure their availability to members
1206     unit owners and prospective purchasers, and may charge its
1207     actual costs for preparing and furnishing these documents to
1208     those requesting the same. An association shall allow a member
1209     or his or her authorized representative to use a portable
1210     device, including a smartphone, tablet, portable scanner, or any
1211     other technology capable of scanning or taking photographs, to
1212     make an electronic copy of the official records in lieu of the
1213     association providing the member or his or her authorized
1214     representative with a copy of such records. The association may
1215     not charge a member or his or her authorized representative for
1216     the use of a portable device. Notwithstanding this paragraph,
1217     the following records shall not be accessible to members -llfri-t-
1218     owners:
1219          1.   Any record protected by the lawyer-client privilege as
1220     described ins. 90.502 and any record protected by the work-
1221     product privilege, including any record prepared by an
1222     association attorney or prepared at the attorney's express
1223     direction which reflects a mental impression, conclusion,
1224     litigation strategy, or legal theory of the attorney or the
1225     association, and which was prepared exclusively for civil or
1226     criminal litigation or for adversarial administrative
       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                     Page 50 of 79
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1227     proceedings, or which was prepared in anticipation of such
1228     litigation or proceedings until the conclusion of the litigation
1229     or proceedings.
1230             2.   Information obtained by an association in connection
1231     with the approval of the lease, sale, or other transfer of a
1232     unit.
1233             3.   Personnel records of association or management company
1234     employees, including, but not limited to, disciplinary, payroll,
1235     health, and insurance records. For purposes of this
1236     subparagraph, the term ''personnel records" does not include
1237     written employment agreements with an association employee or
1238     management company, or budgetary or financial records that
1239     indicate the compensation paid to an association employee.
1240             4.   Medical records of unit owners.
1241             5.   Social security numbers, driver license numbers, credit
1242     card numbers, e-mail addresses, telephone numbers, facsimile
1243     numbers, emergency contact information, addresses of a unit
1244     owner other than as provided to fulfill the association's notice
1245     requirements, and other personal identifying information of any
1246     person, excluding the person's name, unit designation, mailing
1247     address, property address, and any address, e-mail address, or
1248     facsimile number provided to the association to fulfill the
1249     association's notice requirements. Notwithstanding the
1250     restrictions in this subparagraph, an association may print and
1251     distribute to unit parcel owners a directory containing the

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                       Page 51 of 79
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1252     name, unit parcel address, and all telephone numbers of each
1253     unit parcel owner. However, an owner may exclude his or her
1254     telephone numbers from the directory by so requesting in writing
1255     to the association. An owner may consent in writing to the
1256     disclosure of other contact information described in this
1257     subparagraph. The association is not liable for the inadvertent
1258     disclosure of information that is protected under this
1259     subparagraph if the information is included in an official
1260     record of the association and is voluntarily provided by an
1261     owner and not requested by the association.
1262          6.    Electronic security measures that are used by the
1263     association to safeguard data, including passwords.
1264          7.    The software and operating system used by the
1265     association which allow the manipulation of data, even if the
1266     owner owns a copy of the same software used by the association.
1267     The data is part of the official records of the association.
1268          Section 16.    Paragraphs (b),    (f), and (1) of subsection (1)
1269     of section 719.106, Florida Statutes, is amended, and subsection
1270     (3) is added to that section, to read:
1271          719.106    Bylaws; cooperative ownership.-
1272          (1)   MANDATORY PROVISIONS.-The bylaws or other cooperative
1273     documents shall provide for the following, and if they do not,
1274     they shall be deemed to include the following:
1275          (b)    Quorum; voting requirements; proxies.-


       079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                     Page 52 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



1276          1.   Unless otherwise provided in the bylaws, the percentage
1277     of voting interests required to constitute a quorum at a meeting
1278     of the members shall be a majority of voting interests, and
1279     decisions shall be made by owners of a majority of the voting
1280     interests. Unless otherwise provided in this chapter, or in the
1281     articles of incorporation, bylaws, or other cooperative
1282     documents, and except as provided in subparagraph (d)l.,
1283     decisions shall be made by owners of a majority of the voting
1284     interests represented at a meeting at which a quorum is present.
1285          2.   Except as specifically otherwise provided herein, after
1286     January 1, 1992, unit owners may not vote by general proxy, but
1287     may vote by limited proxies substantially conforming to a
1288     limited proxy form adopted by the division. Limited proxies and
1289     general proxies may be used to establish a quorum. Limited
1290     proxies shall be used for votes taken to waive or reduce
1291     reserves in accordance with subparagraph (j)2., for votes taken
1292     to waive the financial reporting requirements of s.
1293     719.104(4) (b), for votes taken to amend the articles of
1294     incorporation or bylaws pursuant to this section, and for any
1295     other matter for which this chapter requires or permits a vote
1296     of the unit owners. Except as provided in paragraph (d), after
1297     January 1, 1992, no proxy, limited or general, shall be used in
1298     the election of board members. General proxies may be used for
1299     other matters for which limited proxies are not required, and
1300     may also be used in voting for nonsubstantive changes to items

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 53 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623    (2020)
         Amendment No. 1



1301     for which a limited proxy is required and given. Notwithstanding
1302     the provisions of this section, unit owners may vote in person
1303     at unit owner meetings. Nothing contained herein shall limit the
1304     use of general proxies or require the use of limited proxies or
1305     require the use of limited proxies for any agenda item or
1306     election at any meeting of a timeshare cooperative.
1307          3.   Any proxy given shall be effective only for the
1308     specific meeting for which originally given and any lawfully
1309     adjourned meetings thereof. In no event shall any proxy be valid
1310     for a period longer than 90 days after the date of the first
1311     meeting for which it was given. Every proxy shall be revocable
1312     at any time at the pleasure of the unit owner executing it.
1313          4.   A member of the board of administration or a committee
1314     may submit in writing his or her agreement or disagreement with
1315     any action taken at a meeting that the member did not attend.
1316     This agreement or disagreement may not be used as a vote for or
1317     against the action taken and may not be used for the purposes of
1318     creating a quorum.
1319          5.   A board or committee member participating in a meeting
1320     via telephone, real-time video conferencing, or similar real-
1321     time electronic or video communication counts toward a quorum,
1322     and such member may vote as if physically present When some or
1323     all of the board or coffiffiittee members meet by telephone
1324     conference, those board or coffiffiittee members attending by
1325     telephone conference may be counted toward obtaining a quorum

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                     Page 54 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1326     and may vote by telephone. A telephone speaker must shall be
1327     used utilized so that the conversation of such those board or
1328     committee members attending by telephone may be heard by the
1329     board or committee members attending in person, as well as by
1330     any unit owners present at a meeting.
1331          (f)   Recall of board members.-Subject to s. 719.301, any
1332     member of the board of administration may be recalled and
1333     removed from office with or without cause by the vote or
1334     agreement in writing by a majority of all the voting interests.
1335     A special meeting of the voting interests to recall any member
1336     of the board of administration may be called by 10 percent of
1337     the unit owners giving notice of the meeting as required for a
1338     meeting of unit owners, and the notice shall state the purpose
1339     of the meeting. Electronic transmission may not be used as a
1340     method of giving notice of a meeting called in whole or in part
1341     for this purpose.
1342          1.    If the recall is approved by a majority of all voting
1343     interests by a vote at a meeting, the recall shall be effective
1344     as provided in this paragraph. The board shall duly notice and
1345     hold a board meeting within 5 full business days after the
1346     adjournment of the unit owner meeting to recall one or more
1347     board members. At the meeting, the board shall either certify
1348     the recall, in which case such member or members shall be
1349     recalled effective immediately and shall turn over to the board
1350     within 5 full business days any and all records and property of
       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                     Page 55 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



1351     the association in their possession, or shall proceed as set
1352     forth in subparagraph 3.
1353          2.   If the proposed recall is by an agreement in writing by
1354     a majority of all voting interests, the agreement in writing or
1355     a copy thereof shall be served on the association by certified
1356    mail or by personal service in the manner authorized by chapter
1357     48 and the Florida Rules of Civil Procedure. The board of
1358     administration shall duly notice and hold a meeting of the board
1359     within 5 full business days after receipt of the agreement in
1360     writing. At the meeting, the board shall either certify the
1361     written agreement to recall members of the board, in which case
1362     such members shall be recalled effective immediately and shall
1363     turn over to the board, within 5 full business days, any and all
1364     records and property of the association in their possession, or
1365     proceed as described in subparagraph 3.
1366          3.   If the board determines not to certify the written
1367     agreement to recall members of the board, or does not certify
1368     the recall by a vote at a meeting, the board shall, within 5
1369     full business days after the board meeting, file with the
1370     division a petition for binding arbitration pursuant to the
1371     procedures of s. 719.1255 or file an action with a court of
1372     competent jurisdiction. For purposes of this paragraph, the unit
1373     owners who voted at the meeting or who executed the agreement in
1374     writing shall constitute one party under the petition for
1375     arbitration or action with a court of competent jurisdiction. If

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 56 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623    (2020)
         Amendment No. 1



1376     the arbitrator or court certifies the recall as to any member of
1377     the board, the recall shall be effective upon the final order of
1378     the court or the mailing of the final order of arbitration to
1379     the association. If the association fails to comply with the
1380     order of the arbitrator or court, the division may take action
1381     pursuant to s. 719.501. Any member so recalled shall deliver to
1382     the board any and all records and property of the association in
1383     the member's possession within 5 full business days after the
1384     effective date of the recall.
1385          4.   If the board fails to duly notice and hold a board
1386     meeting within 5 full business days after service of an
1387     agreement in writing or within 5 full business days after the
1388     adjournment of the unit owner recall meeting, the recall shall
1389     be deemed effective and the board members so recalled shall
1390     immediately turn over to the board any and all records and
1391     property of the association.
1392          5.   If the board fails to duly notice and hold the required
1393     meeting or fails to file the required petition or action, the
1394     unit owner representative may file a petition pursuant to s.
1395     719.1255 or file an action in a court of competent jurisdiction
1396     challenging the board's failure to act. The petition or action
1397     must be filed within 60 days after the expiration of the
1398     applicable 5-full-business-day period. The review of a petition
1399     or action under this subparagraph is limited to the sufficiency


       079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                    Page 57 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



1400     of service on the board and the facial validity of the written
1401     agreement or ballots filed.
1402          6.   If a vacancy occurs on the board as a result of a
1403     recall and less than a majority of the board members are
1404     removed, the vacancy may be filled by the affirmative vote of a
1405     majority of the remaining directors, notwithstanding any
1406     provision to the contrary contained in this chapter. If
1407     vacancies occur on the board as a result of a recall and a
1408     majority or more of the board members are removed, the vacancies
1409     shall be filled in accordance with procedural rules to be
1410     adopted by the division, which rules need not be consistent with
1411     this chapter. The rules must provide procedures governing the
1412     conduct of the recall election as well as the operation of the
1413     association during the period after a recall but before the
1414     recall election.
1415          7.   A board member who has been recalled may file a
1416     petition pursuant to s. 719.1255 or file an action in a court of
1417     competent jurisdiction challenging the validity of the recall.
1418     The petition or action must be filed within 60 days after the
1419     recall is deemed certified. The association and the unit owner
1420     representative shall be named as the respondents.
1421          8.   The division or a court of competent jurisdiction may
1422     not accept for filing a recall petition or action, whether filed
1423     pursuant to subparagraph 1., subparagraph 2., subparagraph 5.,
1424     or subparagraph 7. and regardless of whether the recall was

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 58 of 79
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1425     certified, when there are 60 or fewer days until the scheduled
1426     reelection of the board member sought to be recalled or when 60
1427     or fewer days have not elapsed since the election of the board
1428     member sought to be recalled.
1429            (1)    Alternative Dispute Resolution ~rbitration.-There
1430     shall be a provision for mandatory nonbinding alternative
1431     dispute resolution arbitration of internal disputes arising from
1432     the operation of the cooperative in accordance withs. 719.1255.
1433            (3)    GENERALLY.-The association may extinguish a
1434     discriminatory restriction, as defined ins. 712.065(1),
1435     pursuant to s. 712.065.
1436            Section 17.    Paragraph (1) of subsection (4) of section
1437     720.303, Florida Statutes, is redesignated as paragraph (m), a
1438     new paragraph (1) is added to that subsection, and paragraph (c)
1439     of subsection (2), present paragraph (1) of subsection (4), and
1440     paragraphs (c) and (d) of subsection (6), and paragraphs (b),
1441     (d),   (g),   (k), and (1) of subsection (10) of that section are
1442     amended, to read:
1443            720.303    Association powers and duties; meetings of board;
1444     official records; budgets; financial reporting; association
1445     funds; recalls.-
1446            (2)    BOARD MEETINGS.-
1447            (c)    The bylaws shall provide the following for giving
1448     notice to parcel owners and members of all board meetings and,
1449     if they do not do so, shall be deemed to include the following:
       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                          Page 59 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



1450          1.   Notices of all board meetings must be posted in a
1451     conspicuous place in the community at least 48 hours in advance
1452     of a meeting, except in an emergency. In the alternative, if
1453     notice is not posted in a conspicuous place in the community,
1454     notice of each board meeting must be mailed or delivered to each
1455    member at least 7 days before the meeting, except in an
1456     emergency. Notwithstanding this general notice requirement, for
1457     communities with more than 100 members, the association bylaws
1458    may provide for a reasonable alternative to posting or mailing
1459     of notice for each board meeting, including publication of
1460     notice, provision of a schedule of board meetings, or the
1461     conspicuous posting and repeated broadcasting of the notice on a
1462     closed-circuit cable television system serving the homeowners'
1463     association. However, if broadcast notice is used in lieu of a
1464     notice posted physically in the community, the notice must be
1465     broadcast at least four times every broadcast hour of each day
1466     that a posted notice is otherwise required. When broadcast
1467     notice is provided, the notice and agenda must be broadcast in a
1468     manner and for a sufficient continuous length of time so as to
1469     allow an average reader to observe the notice and read and
1470     comprehend the entire content of the notice and the agenda. In
1471     addition to any of the authorized means of providing notice of a
1472     meeting of the board, the association may, by rule, adopt a
1473     procedure for conspicuously posting the meeting notice and the
1474     agenda on the association's website or mobile application for at

       079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                    Page 60 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1475     least the minimum period of time for which a notice of a meeting
1476     is also required to be physically posted on the association
1477     property. Any rule adopted shall, in addition to other matters,
1478     include a requirement that the association send an electronic
1479     notice in the same manner as is required for a notice of a
1480     meeting of the members, which must include a hyperlink to the
1481     website or mobile appliation where the notice is posted, to
1482     members whose e-mail addresses are included in the association's
1483     official records. The association may provide notice by
1484     electronic transmission in a manner authorized by law for
1485     meetings of the board of directors, committee meetings requiring
1486     notice under this section, and annual and special meetings of
1487     the members to any member who has provided a facsimile number or
1488     e-mail address to the association to be used for such purposes;
1489     however, a member must consent in writing to receiving notice by
1490     electronic transmission.
1491          2.   An assessment may not be levied at a board meeting
1492     unless the notice of the meeting includes a statement that
1493     assessments will be considered and the nature of the
1494     assessments. Written notice of any meeting at which special
1495     assessments will be considered or at which amendments to rules
1496     regarding parcel use will be considered must be mailed,
1497     delivered, or electronically transmitted to the members and
1498     parcel owners and posted conspicuously on the property or


       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 61 of 79
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1499     broadcast on closed-circuit cable television not less than 14
1500     days before the meeting.
1501          3.    Directors may not vote by proxy or by secret ballot at
1502     board meetings, except that secret ballots may be used in the
1503     election of officers. This subsection also applies to the
1504     meetings of any committee or other similar body, when a final
1505     decision will be made regarding the expenditure of association
1506     funds, and to any body vested with the power to approve or
1507     disapprove architectural decisions with respect to a specific
1508     parcel of residential property owned by a member of the
1509     community.
1510          (4)     OFFICIAL RECORDS.-The association shall maintain each
1511     of the following items, when applicable, which constitute the
1512     official records of the association:
1513          (1)     Ballots, sign-in sheets, voting proxies, and all other
1514     papers and electronic records relating to voting by parcel
1515     owners, which must be maintained for at least 1 year after the
1516     date of the election, vote, or meeting.
1517          (m)-f-±+   All other written records of the association not
1518     specifically included in this subsection the foregoing which are
1519     related to the operation of the association.
1520          (6)     BUDGETS.-
1521          (c)l.      If the budget of the association does not provide
1522     for reserve accounts pursuant to paragraph (d), or the
1523     declaration of covenants, articles, or bylaws do not obligate

       079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                       Page 62 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1524     the developer to create reserves, and the association is
1525     responsible for the repair and maintenance of capital
1526     improvements that may result in a special assessment if reserves
1527     are not provided or not fully funded, then each financial report
1528     for the preceding fiscal year required by subsection (7) must
1529     contain the following statement in conspicuous type:
1530
1531     THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDING
1532     RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES AND DEFERRED
1533     MAINTENANCE THAT MAY RESULT IN SPECIAL ASSESSMENTS REGARDING
1534     THOSE ITEMS. OWNERS MAY ELECT TO PROVIDE FOR FULLY FUNDING
1535     RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6), FLORIDA
1536     STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL
1537     VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A
1538     MEETING OR BY WRITTEN CONSENT.
1539
1540          2.   If the budget of the association does provide for
1541     funding accounts for deferred expenditures, including, but not
1542     limited to, funds for capital expenditures and deferred
1543     maintenance, but such accounts are not created or established
1544     pursuant to paragraph (d), each financial report for the
1545     preceding fiscal year required under subsection (7) must also
1546     contain the following statement in conspicuous type:
1547


       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 63 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



1548     THE BUDGET OF THE ASSOCIATION PROVIDES FOR LIMITED VOLUNTARY
1549     DEFERRED EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES
1550     AND DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED
1551     IN OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED
1552     TO PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6),
1553     FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE
1554     RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR
1555     ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE.
1556          (d)   An association is deemed to have provided for reserve
1557     accounts if reserve accounts have been initially established by
1558     the developer or if the membership of the association
1559     affirmatively elects to provide for reserves. If reserve
1560     accounts are established by the developer, the budget must
1561     designate the components for which the reserve accounts may be
1562     used. If reserve accounts are not initially provided by the
1563     developer, the membership of the association may elect to do so
1564     upon the affirmative approval of a majority of the total voting
1565     interests of the association. Such approval may be obtained by
1566     vote of the members at a duly called meeting of the membership
1567     or by the written consent of a majority of the total voting
1568     interests of the association. The approval action of the
1569     membership must state that reserve accounts shall be provided
1570     for in the budget and must designate the components for which
1571     the reserve accounts are to be established. Upon approval by the
1572     membership, the board of directors shall include the required

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 64 of 79
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1573     reserve accounts in the budget in the next fiscal year following
1574     the approval and each year thereafter. Once established as
1575     provided in this subsection, the reserve accounts must be funded
1576     or maintained or have their funding waived in the manner
1577     provided in paragraph (f).
1578          (10)     RECALL OF DIRECTORS.-
1579          (b)l.     Board directors may be recalled by an agreement in
1580     writing or by written ballot without a membership meeting. The
1581     agreement in writing or the written ballots, or a copy thereof,
1582     shall be served on the association by certified mail or by
1583     personal service in the manner authorized by chapter 48 and the
1584     Florida Rules of Civil Procedure.
1585          2.     The board shall duly notice and hold a meeting of the
1586     board within 5 full business days after receipt of the agreement
1587     in writing or written ballots. At the meeting, the board shall
1588     either certify the written ballots or written agreement to
1589     recall a director or directors of the board, in which case such
1590     director or directors shall be recalled effective immediately
1591     and shall turn over to the board within 5 full business days any
1592     and all records and property of the association in their
1593     possession, or proceed as described in paragraph (d).
1594          3.     When it is determined by the department pursuant to
1595     binding arbitration proceedings or a court of competent
1596     jurisdiction that an initial recall effort was defective,
1597     written recall agreements or written ballots used in the first

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                      Page 65 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623    (2020)
        Amendment No. 1



1598     recall effort and not found to be defective may be reused in one
1599     subsequent recall effort. However, in no event is a written
1600     agreement or written ballot valid for more than 120 days after
1601     it has been signed by the member.
1602          4.    Any rescission or revocation of a member's written
1603     recall ballot or agreement must be in writing and, in order to
1604     be effective, must be delivered to the association before the
1605     association is served with the written recall agreements or
1606     ballots.
1607          5.    The agreement in writing or ballot shall list at least
1608     as many possible replacement directors as there are directors
1609     subject to the recall, when at least a majority of the board is
1610     sought to be recalled; the person executing the recall
1611     instrument may vote for as many replacement candidates as there
1612     are directors subject to the recall.
1613          (d)    If the board determines not to certify the written
1614     agreement or written ballots to recall a director or directors
1615     of the board or does not certify the recall by a vote at a
1616     meeting, the board shall, within 5 full business days after the
1617     meeting, file an action with a court of competent jurisdiction
1618     or file with the department a petition for binding arbitration
1619     pursuant to the applicable procedures in ss. 718.112(2) (j) and
1620     718.1255 and the rules adopted thereunder. For the purposes of
1621     this section, the members who voted at the meeting or who
1622     executed the agreement in writing shall constitute one party

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                     Page 66 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



1623     under the petition for arbitration or action in a court of
1624     competent jurisdiction. If the arbitrator or court certifies the
1625     recall as to any director or directors of the board, the recall
1626     will be effective upon the final order of the court or the
1627     mailing of the final order of arbitration to the association.
1628     The director or directors so recalled shall deliver to the board
1629     any and all records of the association in their possession
1630     within 5 full business days after the effective date of the
1631     recall.
1632          (g)   If the board fails to duly notice and hold the
1633     required meeting or fails to file the required petition or
1634     action, the unit owner representative may file an action in a
1635     court of competent jurisdiction or a petition pursuant to s.
1636     718.1255 challenging the board's failure to act. The petition or
1637     action must be filed within 60 days after the expiration of the
1638     applicable 5-full-business-day period. The review of a petition
1639     or action under this paragraph is limited to the sufficiency of
1640     service on the board and the facial validity of the written
1641     agreement or ballots filed.
1642          (k)   A board member who has been recalled may file an
1643     action with a court of competent jurisdiction or file a petition
1644     pursuant toss. 718.112(2) (j) and 718.1255 and the rules adopted
1645     challenging the validity of the recall. The petition or action
1646     must be filed within 60 days after the recall is deemed


       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 67 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



1647     certified. The association and the unit owner representative
1648     shall be named as respondents.
1649          (1)   The division or a court of competent jurisdiction may
1650     not accept for filing a recall petition or action, whether filed
1651     pursuant to paragraph (b), paragraph (c), paragraph (g), or
1652     paragraph (k) and regardless of whether the recall was
1653     certified, when there are 60 or fewer days until the scheduled
1654     reelection of the board member sought to be recalled or when 60
1655     or fewer days have not elapsed since the election of the board
1656    member sought to be recalled.
1657          Section 18.   Subsections (1) and (2) of section 720.305,
1658     Florida Statutes, are amended to read:
1659          720.305   Obligations of members; remedies at law or in
1660     equity; levy of fines and suspension of use rights.-
1661          (1)   Each member and the member's tenants, guests, and
1662     invitees, and each association, are governed by, and must comply
1663     with, this chapter andT the governing documents of the
1664     community, and the rules of the association. Actions at law or
1665     in equity, or both, to redress alleged failure or refusal to
1666     comply with these provisions may be brought by the association
1667     or by any member against:
1668          (a)   The association;
1669          (b)   A member;




       079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                       Page 68 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623    (2020)
         Amendment No. 1



1670           (c)   Any director or officer of an association who
1671     willfully and knowingly fails to comply with these provisions;
1672     and
1673           (d)   Any tenants, guests, or invitees occupying a parcel or
1674     using the common areas.
1675
1676     The prevailing party in any such litigation is entitled to
1677     recover reasonable attorney fees and costs. A member prevailing
1678     in an action between the association and the member under this
1679     section, in addition to recovering his or her reasonable
1680     attorney fees, may recover additional amounts as determined by
1681     the court to be necessary to reimburse the member for his or her
1682     share of assessments levied by the association to fund its
1683     expenses of the litigation. This relief does not exclude other
1684     remedies provided by law. This section does not deprive any
1685     person of any other available right or remedy.
1686           (2)   An !f.fte association may levy reasonable fines. A fine
1687     may not exceed $100 per violation against any member or any
1688     member's tenant, guest, or invitee for the failure of the owner
1689     of the parcel or its occupant, licensee, or invitee to comply
1690     with any provision of the declaration, the association bylaws,
1691     or reasonable rules of the association unless otherwise provided
1692     in the governing documents. A fine may be levied by the board
1693     for each day of a continuing violation, with a single notice and
1694     opportunity for hearing, except that the fine may not exceed

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                      Page 69 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1695     $1,000 in the aggregate unless otherwise provided in the
1696     governing documents. A fine of less than $1,000 may not become a
1697     lien against a parcel. In any action to recover a fine, the
1698     prevailing party is entitled to reasonable attorney fees and
1699     costs from the nonprevailing party as determined by the court.
1700          (a)   An association may suspend, for a reasonable period of
1701     time, the right of a member, or a member's tenant, guest, or
1702     invitee, to use common areas and facilities for the failure of
1703     the owner of the parcel or its occupant, licensee, or invitee to
1704     comply with any provision of the declaration, the association
1705     bylaws, or reasonable rules of the association. This paragraph
1706     does not apply to that portion of common areas used to provide
1707     access or utility services to the parcel. A suspension may not
1708     prohibit an owner or tenant of a parcel from having vehicular
1709     and pedestrian ingress to and egress from the parcel, including,
1710     but not limited to, the right to park.
1711          (b)   A fine or suspension levied by the board of
1712     administration may not be imposed unless the board first
1713     provides at least 14 days' notice to the parcel owner and, if
1714     applicable, any occupant, licensee, or invitee of the parcel
1715     owner, sought to be fined or suspended and an opportunity for a
1716     hearing before a committee of at least three members appointed
1717     by the board who are not officers, directors, or employees of
1718     the association, or the spouse, parent, child, brother, or
1719     sister of an officer, director, or employee. If the committee,
       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 70 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623    (2020)
         Amendment No. 1



1720     by majority vote, does not approve a proposed fine or
1721     suspension, the proposed fine or suspension may not be imposed.
1722     The role of the committee is limited to determining whether to
1723     confirm or reject the fine or suspension levied by the board. If
1724     the proposed fine or suspension levied by the board is approved
1725     by the committee, the fine payment is due 5 days after notice of
1726     the approved fine is provided to the parcel owner and, if
1727     applicable, to any occupant, licensee, or invitee of the parcel
1728     owner the date of the coffiffiittee meeting at which the fine is
1729     approved. The association must provide written notice of such
1730     fine or suspension by mail or hand delivery to the parcel owner
1731     and, if applicable, to any occupant tenant, licensee, or invitee
1732     of the parcel owner.
1733          Section 19.   Paragraph (g) of subsection (1) and paragraph
1734     (c) of subsection 9 of section 720.306, Florida Statutes, are
1735     amended, and paragraph (h) is added to subsection (1) to read:
1736          720.306   Meetings of members; voting and election
1737     procedures; amendments.-
1738          (1)   QUORUM; AMENDMENTS.-
1739          (g)   A notice required under this section must be mailed or
1740     delivered to the address identified as the parcel owner's
1741     mailing address in the official records of the association as
1742     required under s. 720.303(4) on the property appraiser's website
1743     for the county in which the parcel is located, or electronically
1744     transmitted in a manner authorized by the association if the
       079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                    Page 71 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
          Amendment No. 1



1745      parcel owner has consented, in writing, to receive notice by
1746      electronic transmission.
1747           (h)l. Except as provided herein, an amendment to any
1748      governing document enacted after July 1, 2020, that prohibits a
1749      parcel owner from renting his or her parcel, alters the
1750      authorized duration of a rental term, or specifies or limits the
1751      number of times that a parcel owner may rent his or her parcel
1752      during a specified period, applies only to a parcel owner who
1753      consents, individually or through a representative, to the
1754      amendment, and to parcel owners who acquire title to a parcel
1755      after the effective date of the amendment.
1756           2.   Notwithstanding subparagraph 1. an association may
1757      amend its governing documents to prohibit or regulate rental
1758      durations that are for terms of less than six months, and
1759      prohibit a parcel owner from renting his or parcel more than
1760      three times in a calendar year. Any such amendments apply to all
1761      parcel owners.
17 62          3.   Nothing in this paragraph shall affect the amendment
1763      restrictions for associations of 15 or fewer parcel owners as
1764      provided ins. 720.303(1).
1765           4.   For purposes of this paragraph, a change of ownership
1766      does not occur when a parcel owner conveys the parcel to an
17 67     affiliated entity or when beneficial ownership of the parcel
17 68     does not change. For purposes of this paragraph, the term
1769      "affiliated entity" means an entity which controls, is
        079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                      Page 72 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1770     controlled by, or is under common control with the parcel owner
1771     or that becomes a parent or successor entity by reason of
1772     transfer, merger, consolidation, public offering,
1773     reorganization, dissolution or sale of stock, or transfer of
1774     membership partnership interests. For a conveyance to be
1775     recognized as one made to an affiliated entity, the entity must
1776     furnish the association a document certifying that this
1777     paragraph applies, as well as providing any organizational
1778     documents for the parcel owner and the affiliated entity that
1779     support the representations in the certificate, as requested by
1780     the association.
1781          (9)   ELECTIONS AND BOARD VACANCIES.-
1782          (c)   Any election dispute between a member and an
1783     association must be submitted to mandatory binding arbitration
1784     with the division or filed with a court of competent
1785     jurisdiction. Such proceedings that are submitted to mandatory
1786     binding arbitration with the division must be conducted in the
1787     manner provided bys. 718.1255 and the procedural rules adopted
1788     by the division. Unless otherwise provided in the bylaws, any
1789     vacancy occurring on the board before the expiration of a term
1790     may be filled by an affirmative vote of the majority of the
1791     remaining directors, even if the remaining directors constitute
1792     less than a quorum, or by the sole remaining director. In the
1793     alternative, a board may hold an election to fill the vacancy,
1794     in which case the election procedures must conform to the
       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                    Page 73 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1795     requirements of the governing documents. Unless otherwise
1796     provided in the bylaws, a board member appointed or elected
1797     under this section is appointed for the unexpired term of the
1798     seat being filled.    Filling vacancies created by recall is
1799     governed bys. 720.303(10) and rules adopted by the division.
1800          Section 20.     Subsection (1) of section 720.311, Florida
1801     Statutes, is amended to read:
1802          720.311   Dispute resolution.-
1803          (1)   The Legislature finds that alternative dispute
1804     resolution has made progress in reducing court dockets and
1805     trials and in offering a more efficient, cost-effective option
1806     to litigation. The filing of any petition for arbitration or the
1807     serving of a demand for presuit mediation as provided for in
1808     this section shall toll the applicable statute of limitations.
1809     Any recall dispute filed with the department pursuant to s.
1810     720.303(10) shall be conducted by the department in accordance
1811     with the provisions of ss. 718.112(2) (j) and 718.1255~ and the
1812     rules adopted by the division. In addition, the department shall
1813     conduct mandatory binding arbitration of election disputes
1814     between a member and an association pursuant to s. 718.1255 and
1815     rules adopted by the division. Neither election disputes nor
1816     recall disputes are eligible for presuit mediation; these
1817     disputes shall be arbitrated by the department or filed in a
1818     court of competent jurisdiction. At the conclusion of a tBe
1819     proceeding filed for arbitration with the department, the
       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                      Page 74 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1820     department shall charge the parties a fee in an amount adequate
1821     to cover all costs and expenses incurred by the department in
1822     conducting the proceeding. Initially, the petitioner shall remit
1823     a filing fee of at least $200 to the department. The fees paid
1824     to the department shall become a recoverable cost in the
1825     arbitration proceeding, and the prevailing party in an
1826     arbitration proceeding shall recover its reasonable costs and
1827     attorney's fees in an amount found reasonable by the arbitrator.
1828     The department shall adopt rules to effectuate the purposes of
1829     this section.
1830          Section 21.    Subsection (6) is added to section 720.3075,
1831     Florida Statutes, to read:
1832          720.3075     Prohibited clauses in association documents.-
1833          (6)   The association may extinguish a discriminatory
1834     restriction, as defined ins. 712.065(1), pursuant to s.
1835     712.065.
1836          Section 22.    This act shall take effect July 1, 2020.
1837
1838
1839
1840                          T I T L E   A ME N D ME N T
1841          Remove everything before the enacting clause and insert:
1842          An act relating to community associations; amending s.
1843          514.0015, F.S.; exempting certain property association
1844          pools from Department of Health regulations; amending
       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                      Page 75 of 79
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1845          s. 627.714, F.S.; prohibiting subrogation rights
1846          against a condominium association under certain
1847          circumstances; creating s. 712.065, F.S.; defining the
1848          term ''discriminatory restriction"; providing that
1849          discriminatory restrictions are unlawful,
1850          unenforceable, and declared null and void; providing
1851          that certain discriminatory restrictions are
1852          extinguished and severed from recorded title
1853          transactions; specifying that the recording of certain
1854          notices does not reimpose or preserve a discriminatory
1855          restriction; providing requirements for a parcel owner
1856          to remove a discriminatory restriction from a covenant
1857          or restriction; amending s. 718.111, F.S.; requiring
1858          that certain records be maintained for a specified
1859          time; requiring associations to maintain official
1860          records in a specified manner; requiring an
1861          association to provide a checklist or affidavit
1862          relating to certain records to certain persons;
1863          providing a timeframe for maintaining such checklist
1864          and affidavit; creating a rebuttable presumption;
1865          prohibiting an association from requiring certain
1866          actions relating to the inspection of records;
1867          revising requirements relating to the posting of
1868          digital copies of certain documents by certain
1869          condominium associations; conforming cross-references;

       079453 - h623-strike.docx
       Published On: 2/26/2020 7:30:56 PM
                                   Page 76 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1870          amending s. 718.112, F.S.; authorizing condominium
1871          associations to extinguish discriminatory
1872          restrictions; specifying that only board service that
1873          occurs on or after a specified date may be used for
1874          calculating a board member's term limit; providing
1875          requirements for certain notices; revising the fees an
1876          association may charge for transfers; conforming
1877          provisions to changes made by the act; deleting a
1878          prohibition against employing or contracting with
1879          certain service providers; amending s. 718.113, F.S.;
1880          defining the terms "natural gas fuel" and "natural gas
1881          fuel vehicle"; revising legislative findings; revising
1882          requirements for electric vehicle charging stations;
1883          providing requirements for the installation of natural
1884          gas fuel stations on property governed by condominium
1885          associations; amending s. 718.1255, F.S.; authorizing
1886          parties to initiate presuit mediation under certain
1887          circumstances; specifying when arbitration is binding
1888          on the parties; providing requirements for presuit
1889          mediation; amending s. 718.117, F.S.; conforming
1890          provisions to changes made by the act; amending s.
1891          718.121, F.S.; providing when the installation of a
1892          natural gas fuel station may be the basis of a lien;
1893          amending s. 718.202, F.S.; revising how developers may
1894          use certain withdrawn escrow funds; amending s.

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                   Page 77 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
        Amendment No. 1



1895          718.303, F.S.; revising requirements for certain
1896          actions for failure to comply with specified
1897          provisions; revising requirements for certain fines;
1898          amending s. 718.501, F.S.; defining the term
1899          ''financial issue"; authorizing the Division of
1900          Condominiums, Timeshares, and Mobile Homes to adopt
1901          rules; amending s. 718.5014, F.S.; revising where the
1902          principal office of the Office of the Condominium
1903          Ombudsman must be maintained; amending s. 719.103,
1904          F.S.; revising the definition of the term ''unit" to
1905          specify that an interest in a cooperative unit is an
1906          interest in real property; amending s. 719.104, F.S.;
1907          prohibiting an association from requiring certain
1908          actions relating to the inspection of records; making
1909          technical changes; amending s. 719.106, F.S.; revising
1910          provisions relating to a quorum and voting rights for
1911          members remotely participating in meetings; amending
1912          procedure to challenge a board member recall;
1913          conforming provisions to changes made by the act;
1914          authorizing cooperative associations to extinguish
1915          discriminatory restrictions; amending s. 720.303,
1916          F.S.; authorizing an association to adopt procedures
1917          for electronic meeting notices; revising the documents
1918          that constitute the official records of an
1919          association; revising when a specified statement must

       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                   Page 78 of 79
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 623   (2020)
         Amendment No. 1



1920          be included in an association's financial report for
1921          the preceding fiscal year; revising requirements for
1922          such statement; revising when an association is deemed
1923          to have provided for reserve accounts; amending
1924          procedure to challenge a board member recall; amending
1925          s. 720.305, F.S.; providing requirements for certain
1926          fines; amending s. 720.306, F.S.; revising
1927          requirements for providing certain notices; providing
1928          limitations on associations when a parcel owner
1929          attempts to rent or lease his or her parcel; amending
1930          the procedure for election disputes; amending s.
1931          720.311, F.S.; amending procedure for election
1932          disputes; amending s. 720.3075, F.S.; authorizing
1933          homeowners' associations to extinguish discriminatory
1934          restrictions; providing an effective date.




       079453 - h623-strike.docx
        Published On: 2/26/2020 7:30:56 PM
                                   Page 79 of 79
                                 COMMERCE COMMITTEE

                                  HB 623 by Rep. Shoaf
                                 Community Associations

                                 AMENDMENT SUMMARY
                                   February 27, 2020


Amendment to amendment 1 by Rep. LaRosa (line 1656):
The amendment to the amendment:
   • Provides that an owner in a homeowner's association may display another state's flag,
      including any U.S. territory or commonwealth, in addition to being able to display the flag
      of the United States, the State of Florida, a branch of the United States military, or a
      POW-MIA flag.
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/CS/HB 623   (2020)
       Amendment No. al




               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 La Rosa offered the following:
 3

 4          Amendment to Amendment (079453) by Representative Shoaf
 5     (with title amendment)
 6             Between lines 1656 and 1657 of the amendment, insert:
 7             Section 1.    Paragraphs (a) and (b) of subsection (2) of
 8     section 720.304, Florida Statutes, are amended to read:
 9             720.304    Right of owners to peaceably assemble; display of
10     flag; SLAPP suits prohibited.-
11             (2) (a)   Any homeowner may display one portable, removable
12     United States flag or official flag of the State of Florida in a
13     respectful manner, and one portable, removable official flag,          in
14     a respectful manner, not larger than 4 1/2 feet by 6 feet, which
15     represents any state, as defined ins. 624.08, or the United
16     States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a
     235713 - h0623-line1656al.docx
      Published On: 2/26/2020 7:56:04 PM
                                       Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 623    (2020)
       Amendment No. al



17     POW-MIA flag,    regardless of any covenants, restrictions, bylaws,
18     rules, or requirements of the association.
19          (b)     Any homeowner may erect a freestanding flagpole no
20     more than 20 feet high on any portion of the homeowner's real
21     property, regardless of any covenants, restrictions, bylaws,
22     rules, or requirements of the association, if the flagpole does
23     not obstruct sightlines at intersections and is not erected
24     within or upon an easement. The homeowner may further display in
25     a respectful manner from that flagpole,     regardless of any
26     covenants, restrictions, bylaws, rules, or requirements of the
27     association, one official United States flag, not larger than 4
28     1/2 feet by 6 feet,    and may additionally display one official
29     flag of the State of Florida, any state, as defined ins.
30     624.08, or the United States Army, Navy, Air Force, Marines, or
31     Coast Guard, or a POW-MIA flag. Such additional flag must be
32     equal in size to or smaller than the United States flag. The
33     flagpole and display are subject to all building codes, zoning
34     setbacks, and other applicable governmental regulations,
35     including, but not limited to, noise and lighting ordinances in
36     the county or municipality in which the flagpole is erected and
37     all setback and locational criteria contained in the governing
38     documents.
39
40
41                          T I T L E   A ME N D ME N T

     235713 - h0623-line1656al.docx
      Published On: 2/26/2020 7:56:04 PM
                                     Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 623   (2020)
       Amendment No. al



42          Remove line 1925 of the amendment and insert:
43     amending s. 720.304, F.S.; regarding display of flags; amending
44     s. 720.305, F.S.; providing requirements for certain




     235713 - h0623-line1656al.docx
      Published On: 2/26/2020 7:56:04 PM
                                  Page 3 of 3
C')

-
(/)
:I:
m
.....
N
w
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 723   Peer-to-Peer Car Sharing
SPONSOR(S): Insurance & Banking Subcommittee; Fischer and others
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                              14 Y, 1 N, As CS         Lloyd               Cooper

    2) State Affairs Committee                                       19 Y, 2 N                Roth                Williamson

    3) Commerce Committee                                                                     Lloyd               Hamon


                                                         SUMMARY ANALYSIS
In recent years, the private market, through the Internet and smart phone technology, has allowed the
development of new forms of direct person-to-person economic arrangements. Companies have emerged to
facilitate the sharing of motor vehicles such that a private passenger vehicle is given over to another individual
to operate for a period. This is known as "peer-to-peer car-sharing." These services are different from
transportation network companies, like Uber, Sidecar, and Lyft, in that another person takes over possession
and control of the motor vehicle from the owner, rather than simply obtaining a ride. There are similar
commercial services available where one can rent a car from a business on an hourly basis; these are known
as car-sharing services and are similar to but distinct from traditional rental car companies. Unlike
transportation network companies and car-sharing services, there are no statutes directly regulating peer-to-
peer car-sharing.

The bill establishes statutory requirements for peer-to-peer car-sharing, including liabilities and insurance
obligations among participants. The bill:

    •    Defines the term "peer-to-peer car-sharing" as the authorized use of a motor vehicle by an individual
         other than the vehicle's owner through a peer-to-peer car-sharing program. The term does not include
         the renting of a motor vehicle through a rental company, the use of a for-hire vehicle, or joint use of
         motor vehicles, such as ridesharing or carpooling.
    •    Establishes insurance requirements for each party involved in peer-to-peer car-sharing. During the
         period that the owner is sharing the car with another driver, the peer-to-peer car-sharing program (e.g.,
         Turo, Drift, and Getaround) is responsible for providing motor vehicle insurance at or above the
         statutory minimums for private passenger motor vehicles. It coordinates coverage if there are multiple
         insurance policies involved and depending on the circumstances. If the owner's or driver's policy lapses
         or is inadequate, the program is responsible for the insurance requirements.
    •    Allows motor vehicle insurers insuring the shared vehicle owner to exclude coverage for use of the
         vehicle in car-sharing.
    •    Provides that the peer-to-peer car-sharing program and vehicle owner are not vicariously liable for the
         actions and damages of the driver during periods of peer-to-peer car-sharing use.
    •    Specifies recordkeeping requirements and retention periods.
    •    Includes requirements for consumer protection notifications.
    •    Addresses the repair, use, and non-use of motor vehicles under a safety recall notice.
    •    Provides that the bill does not limit the liability of the peer-to-peer car-sharing program for its acts or
         omissions that cause bodily harm during peer-to-peer car-sharing; nor, the owner or driver to the peer-
         to-peer car-sharing program for economic losses due to a breach of contract.

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

The bill is effective March 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0723d COM.DOCX
DATE: 2/25/2020
                                                   FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
          Background

         In recent years, the private market, using the Internet and smart phone technology, has allowed the
         development of new forms of direct person-to-person economic arrangements. Transportation network
         companies (TNCs) have organized to allow individuals to earn extra income by sharing rides in their
         personal cars. Entities like Uber, Lyft, and Sidecar facilitate the connection of individuals seeking rides
         with those offering rides and manage payment transactions for the service. Because of questions over
         safety, regulations, and insurance considerations, the Legislature passed CS/HB 221 1 in 2017 to
         preempt local regulations and establish statutory requirements for TNCs, including defining insurance
         liabilities and standards.

          In a manner similar to TNCs, new companies have emerged to facilitate the sharing of motor vehicles
          such that a private passenger vehicle is provided to another individual to operate for a period. This is
          known as peer-to-peer car-sharing.

          Currently, there are three motor vehicle rental or sharing models available. They are motor vehicle
          rental companies, car-sharing services, and peer-to-peer car-sharing programs. Motor vehicle rental
          companies and car-sharing services 2 are regulated by statute; however, there are no statutes
          specifically regulating the standards and requirements applicable to peer-to-peer car-sharing.

          For-Hire Vehicles

         With certain exceptions, offering for lease or rent any motor vehicle in the state qualifies the vehicle as
         a "for-hire vehicle." Specifically, s. 320.01(15)(a}, F.S., provides:

                   "For-hire vehicle" means any motor vehicle, when used for transporting persons or
                   goods for compensation; let or rented to another for consideration; offered for rent
                   or hire as a means of transportation for compensation; advertised in a newspaper
                   or generally held out as being for rent or hire; used in connection with a travel
                   bureau; or offered or used to provide transportation for persons solicited through
                   personal contact or advertised on a "share-expense" basis. When goods or
                   passengers are transported for compensation in a motor vehicle outside a
                   municipal corporation of this state, or when goods are transported in a motor
                   vehicle not owned by the person owning the goods, such transportation is "for hire."
                   The carriage of goods and other personal property in a motor vehicle by a
                   corporation or association for its stockholders, shareholders, and members,
                   cooperative or otherwise, is transportation "for hire."

          Renting a Motor Vehicle to Another

         Current law establishes the requirements for a person (including natural persons and businesses) who
         wishes to rent a motor vehicle to another. 3 These include requiring: inspection of the driver license of
         the person to whom the vehicle is to be rented; and, comparing and verifying the signature thereon with
         the signature of such person written in his or her presence before the vehicle can be rented. Further, a
         record must be kept of the registration number of the motor vehicle rented, the name and address of
         the person renting, and the number, date, and place of issue.

1
  Ch. 2017-12, Laws of Fla.
2
  S. 212.0606, F.S.
3
  S. 322.38, F.S.,
STORAGE NAME: h0723d.COM.DOCX                                                                                 PAGE: 2
DATE: 2/25/2020
          Car-Sharing Service

          For the purposes of defining the applicability of the rental car surcharge 4 authorized bys. 212.0606,
          F.S., a "car-sharing service" is a membership-based organization or business that requires the payment
          of an application or membership fee and provides member access to motor vehicles:

               •    Only at locations that are not staffed by car-sharing service personnel employed solely for the
                    purpose of interacting with car-sharing service members;
               •    Twenty-four hours per day, seven days per week;
               •    Only through automated means, which may include, but are not limited to, smartphone
                    applications or electronic membership cards;
               •    On hourly or shorter increments;
               •    Without a separate fee for refueling the motor vehicle;
               •    Without a separate fee for minimum financial responsibility liability insurance; and
               •    Owned or controlled by the car-sharing service or its affiliates.

          The car rental surcharge applicable to car-sharing services does not apply to the lease, rental, or usage
          of a motor vehicle from a location-owned, operated, or leased by or for the benefit of an airport or
          airport authority. 5

          Peer-to-Peer Car-sharing

          In peer-to-peer car-sharing, owners interested in sharing their vehicles can register as a host on a peer-
          to-peer car-sharing site. 6 Sites require photos of the car and help the owner determine a fee based on
          the location and type of vehicle. The host then specifies the vehicle's availability. The host may choose
          to have the vehicle picked up at his or her house, deliver the vehicle, or have it picked up at another
          location, such as an airport. Hosts typically receive between 65 and 75 percent of fees collected on
          their behalf by the site from the guest. Payments are typically made to the owner through direct
          deposit. 7 The site provides the recordkeeping necessary to the transaction and in compliance with
          requirements of law.

          Guests also register with the peer-to-peer car-sharing site. The site will conduct a background check
          and look at the guests' driving records before approving them. The process involves choosing an
          available vehicle, reserving a date and time, and providing credit card information, if it is not already on
          file. At the end of the sharing period, the driver replaces any consumed fuel before returning the vehicle
          to its pickup location. 8

          One peer-to-peer car-sharing website, Turo.com, reports that its company has users in 56 countries in
          over 5,500 cities across the world. It also has over 850 makes and models of vehicles and offers up to
          $1 million in liability insurance. 9 The average host earns $500 per month. Hosts with three or more
          vehicles average over $3,000 per month. 10




4
  A rental car surcharge of $2.00 per day for each day of the first 30 days of a car rental and $1.00 per day for a car sharing service, if the rental by
the service is less than 24 hours, is required to be collected and paid to the state. S. 212.0606, F.S.
5 S. 212.0606(2), F.S.
6
  Turo, Getaround, and Avail are examples of car sharing websites/applications.
7
  Russ Heaps, The Good, Bad and Ugly of Peer-to-Peer Car Sharing, Autotrader, (Feb. 2015), https://www.autotrader.com/car-shopping/good-bad-
and-ugly-peer-peer-car-sharing-234961 (last visited Jan. 25, 2020).
s Id.
9
  Turo, About Turo, https://turo.com/en-us/about (last visited Jan. 25, 2020).
10 Id.
STORAGE NAME: h0723d.C0M.D0CX                                                                                                                     PAGE: 3
DATE: 2/25/2020
          Documentation Required for Operation of a Vehicle

          Section 320.0605(1), F.S., requires that at all times while a vehicle is being used or operated on the
          roads of Florida, the operator of the vehicle must be in the possession of:

               •     The registration certificate or an official copy;
               •     A true copy of rental or lease documentation issued for a motor vehicle or issued for a
                     replacement vehicle in the same registration period;
               •     A temporary receipt printed upon self-initiated electronic renewal of a registration via the
                     Internet; or
                •    A cab card issued for a vehicle registered under the International Registration Plan.

          The certificate or document must be shown upon demand of any authorized law enforcement officer or
          agent of the Department of Highway Safety and Motor Vehicles (DHSMV), except for a registered fleet
          vehicle. 11 This provision does not apply during the first 30 days after purchase of a replacement vehicle.
          A violation is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in
          ch. 318, F.S. 12

          Section 320.0605(2), F.S., specifies that for a vehicle rented from a motor vehicle rental company, the
          rental or lease documentation must include:

                •    Date of rental and time of exit from rental facility;
                •    Rental station identification;
                •    Rental agreement number;
                •    Rental vehicle identification number;
                •    Rental vehicle license plate number and state of registration;
                •    Vehicle's make, model, and color;
                •    Vehicle's mileage; and
                •    Authorized renter's name.

           Effect of the Bill

          The bill creates a new section of the Florida Insurance Code 13 providing requirements for "peer-to-peer
          car-sharing," also called "car-sharing" in the bill. Peer-to-peer car-sharing is the authorized use of a
          shared vehicle (vehicle or car) through a peer-to-peer car-sharing program (program) by an individual,
          the shared vehicle driver (driver), who is not the shared vehicle owner (owner).

          "Peer-to-peer car-sharing" does not include the renting of a motor vehicle through a rental company,
          the use of a for-hire vehicle, or joint use of motor vehicles, such as ridesharing or carpooling. The bill
          defines the term "peer-to-peer car-sharing program" (program) as a business platform that enables
          peer-to-peer car-sharing by connecting motor vehicle owners with drivers for financial consideration. It
          does not include a rental car company, taxi cab association, the owner of a for-hire vehicle, or a car-
          sharing service. 14




11 A fleet vehicle registered under s. 320.0657, F.S., provides for the permanent registration of fleet license plates.
12 Chapter 318, F.S., relates to the disposition of traffic infractions.
13
  The Florida Insurance Code is chapters 624-632, 634,635,636,641,642,648, and 651, F.S. S. 624.01, F.S.
14
  A "for-hire vehicle" means any motor vehicle, when used for transporting persons or goods for compensation; let or rented to another for
consideration; offered for rent or hire as a means of transportation for compensation; advertised in a newspaper or generally held out as being for rent
or hire; used in connection with a travel bureau; or offered or used to provide transportation for persons solicited through personal contact or
advertised on a "share-expense" basis. When goods or passengers are transported for compensation in a motor vehicle outside a municipal
corporation of this state, or when goods are transported in a motor vehicle not owned by the person owning the goods, such transportation is "for
hire." The carriage of goods and other personal property in a motor vehicle by a corporation or association for its stockholders, shareholders, and
members, cooperative or otherwise, is transportation "for hire." S. 320.0 I (15), F.S.
STORAGE NAME: h0723d.COM.D0CX                                                                                                                  PAGE: 4
DATE: 2/25/2020
          Peer-to-Peer Car-Sharing Insurance Requirements

          The bill requires the program to ensure that, during each car-sharing period, the owner and driver of the
          vehicle have the following minimum coverage for motor vehicle insurance, which are the current
          statutory minimums required for private passenger motor vehicles, during peer-to-peer car-sharing
          periods:

               •    Property damage coverage of at least $10,000;
               •    Bodily injury coverage of at least $10,000 for injury to one person and $20,000 for injury to two
                    or more persons;
               •    Personal injury protection of $10,000; and
               •    Uninsured/underinsured motorist coverage, as required bys. 627.727, F.S. 15

          The program must also ensure that the insurance policy either recognizes the use of the vehicle in
          peer-to-peer car-sharing or does not exclude shared use. Compliant insurance coverage may be
          maintained by the vehicle owner, driver, the program, or any combination thereof, which will be the
          primary insurance coverage during periods the vehicle is shared. If the owner's or driver's insurance
          lapses or does not provide the required coverage, the program's coverage must provide coverage as if
          it were primary from day one, i.e., provide coverage from the first dollar claimed. Further, the program's
          coverage must not require that a claim be denied by another insurer. The program is authorized to
          maintain multiple insurance policies to meet its obligations. 16

          Liabilities and Exclusions

          If it is determined that the vehicle owner was in control 17 of the vehicle at the time of a loss, the owner
          must indemnify the program to the extent of the insurer's obligation.

          During shared periods, the program assumes the liability of the vehicle owner for bodily injury and
          property damage to third parties, uninsured/underinsured motorists, and personal injury protection
          coverages in the amount specified in the car-sharing agreement, which must meet statutory minimums.
          This shifting of liability is void if the owner makes an intentional or fraudulent material misrepresentation
          or omission to the program before the sharing period when the loss occurred or if the owner acts in
          concert with a vehicle driver who fails to return the vehicle as provided in the peer-to-peer car-sharing
          agreement.

          If a dispute exists about who was in control of a vehicle at the time of a loss and the program does not
          have, did not retain, or fails to provide specific required information, the program will have primary
          liability for a claim.

          If the owner's insurer defends or indemnifies a claim related to a vehicle that it has excluded from
          coverage and for which it is not liable under the bill, the owner's insurer is entitled to contribution from
          the program's insurer under certain conditions.




15
   While uninsured/underinsured motorist coverage is required to be offered to every purchaser of motor vehicle insurance in this state, the purchaser
may reject such coverage in writing. S. 627.727(1), F.S. Therefore, such insurance is elective.
16
   The program has an insurable interest in the shared vehicle. Also, it may meet its insurance obligations by purchasing insurance from an admitted
insurer, which means claims are backed by the Florida Insurance Guaranty Association, in the event the insurer becomes insolvent, or the insurance
may be purchased from an authorized surplus lines company, provided the company carries a minimum rating specified by the bill.
17
   See Section III.C. Drafting Issues or Other Comments.
STORAGE NAME: h0723d.C0M.D0CX                                                                                                                 PAGE: 5
DATE: 2/25/2020
         Exemption from Vicarious Liability

         The program and the shared vehicle owner are exempted from vicarious liability under any local or
         state law that imposes liability based on vehicle ownership. 18 This means that the actions and liabilities
         of the driver cannot be imputed to be those of the program or the vehicle owner.

          Motor Vehicle Insurance Policy Exclusions

         The bill specifies that a motor vehicle insurer may exclude coverage and the duty to defend or
         indemnify any claim under an owner's policy, including, but not limited to, all types of motor vehicle
         coverage. The bill provides current insurance policies approved for use in Florida that exclude
         coverage of vehicles offered for rent, sharing, or hire or for any business use are not invalidated or
         limited.

          Notification Regarding Liens

          If the vehicle has a lien against it at the time it is registered for use within the program, the program
          must notify the owner that using the vehicle for car-sharing may violate the terms of the contract with
          the lienholder.

          Required Recordkeeping

          The program must collect and verify records regarding vehicle use, including the times used, fees paid
          by the driver, and revenues received by the owner. These records must be retained for at least the
          duration of the statute of limitations for personal injuries and provided on request to the vehicle owner,
          the owner's insurer, or the vehicle driver's insurer. The program must also keep the following records: 19

               •   The name and address of the driver;
               •   The driver license number of the driver and each other person, if any, who will operate the
                   vehicle; and
               •   The place of issuance of the driver license.

          Consumer Protections

          The peer-to-peer car-sharing agreement must include the following disclosures to the owner and driver:

               •   Any right of the program to seek indemnification from either the owner or driver for economic
                   losses due to a breach of contract;
               •   A motor vehicle insurance policy issued to the owner for the vehicle or to the driver does not
                   provide a defense or indemnification for any claim asserted by the program;
               •   The program's insurance is only in effect during the sharing period;
               •   If the driver uses the vehicle beyond the agreed termination time, the owner and driver may not
                   have insurance coverage;
               •   The daily rate, fees, and, if applicable, any insurance or protection package costs that are
                   charged to the owner or the driver;
               •   The vehicle owner's motor vehicle liability insurance may exclude coverage for a vehicle;

18
   The bill references the federal Graves Amendment, 49 U.S.C. 30106 (2005). The Graves Amendment provides that the owner ofa motor vehicle
who engages in the business of renting or leasing vehicles and has not been negligent or committed a crime is not liable for the damages caused by a
renter/lessee during the rental or lease period merely based on being the owner of the rented or leased vehicle. The Graves Amendment defines owner
as a person who is-
    (A) a record or beneficial owner, holder of title, lessor, or lessee of a motor vehicle;
    (B) entitled to the use and possession of a motor vehicle subject to a security interest in another person; or
    (C) a lessor, lessee, or a bailee of a motor vehicle, in the trade or business of renting or leasing motor vehicles, having the use or possession
    thereof, under a lease, bailment, or otherwise.
19 See Section III.C. Drafting Issues or Other Comments.

STORAGE NAME: h0723d.COM.DOCX                                                                                                               PAGE: 6
DATE: 2/25/2020
                •   An emergency telephone number of the personnel capable of fielding calls for roadside
                    assistance and other customer service inquiries; and
                •   Any conditions under which a vehicle driver must maintain a personal motor vehicle insurance
                    policy with certain coverage on a primary basis in order to book a vehicle.

             The program may not enter into an agreement with a driver, unless the driver:

                •   Holds a Florida driver license of the type required for the class of vehicle shared;
                •   Holds a driver license issued by the driver's state or country of the type required for the class of
                    vehicle and the driver is the minimum age to operate a vehicle in Florida; or
                •   Is specifically authorized by DHSMV to drive vehicles of the class shared.

             The program is solely responsible for program equipment installed in or on the vehicle for the purposes
             of allowing use of the vehicle in car-sharing through the program. The program must indemnify the
             owner for any damage to or theft of such equipment during share periods that is not caused by the
             owner; the program may seek indemnification from the driver for such damage.

             Motor Vehicle Safety Recalls

             The program must verify the recall and repair status of the vehicle when it is registered for use with the
             program. The owner must be notified by the program that: vehicles under recall cannot be shared until
             repaired; if the owner receives a recall notice while the vehicle is available for sharing, the vehicle must
             be removed from sharing as soon as practicable; and, if the vehicle is in the possession of a driver, the
             owner must notify the program as soon as practicable so that it can be repaired. 20

             Construction

             The bill specifically provides that it does not limit the liability of the program for acts and omissions by
             the program that cause bodily harm to a person as a result of peer-to-peer car-sharing. It also provides
             that it does not limit the program's right to contract for indemnification from owners or drivers for
             economic losses due to a breach of contract.

           B. SECTION DIRECTORY:
             Section 1. Creates s. 627.7483, F.S., relating to peer-to-peer car sharing; insurance requirements.

             Section 2. Provides an effective date of March 1, 2021.

                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

           A. FISCAL IMPACT ON STATE GOVERNMENT:

             1. Revenues:
                None known.

             2. Expenditures:
                None known.

           B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

             1. Revenues:
                None known.

20   Id.
STORAGE NAME: h0723d.C0M.D0CX                                                                                      PAGE: 7
DATE: 2/25/2020
       2. Expenditures:
           None known.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Providing specific requirements and delineating insurance obligations and liabilities of the various
       parties to a peer-to-peer car-sharing agreement may increase economic activity and avoid litigation
       over the scope of each party's liability.

   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
         action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
         raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
         municipalities.

       2. Other:
          None.

   8. RULE-MAKING AUTHORITY:
       The bill neither authorizes nor requires administrative rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The bill defines a "shared vehicle owner'' as the registered owner, or a natural person or entity
       designated by the registered owner, of a motor vehicle made available for sharing to shared vehicle
       drivers through a peer-to-peer car-sharing program. The bill uses the term "shared vehicle owner"
       exclusively in the context of the role of the registered owner of the motor vehicle. It does not provide a
       separate context for when an individual or entity designated by the owner would act on behalf of the
       owner or limit the liability of designated person or entity to only the liabilities that could arise from their
       actions performed in the interest of the owner. Therefore, all responsibilities, obligations, and liabilities
       that the bill places on the owner are shared by the designee, without limitation. This may create a
       situation where a person is designated only to facilitate delivery or return of a vehicle and they become
       liable for all of the owner's insurance obligations with respect to the vehicle and the program.

       The bill requires the peer-to-peer car-sharing program to ensure that the owner and driver of a vehicle
       have uninsured/underinsured motorist coverage as required by law. The uninsured/underinsured
       motorist coverage statute is elective. However, on lines 175-182, the bill shifts liability for specified
       coverages from the owner to the program, including liability to uninsured/underinsured motorists. This
       language implies that the program is required to provide uninsured/underinsured motorist coverage
       meeting or exceeding statutory minimums. It is unclear if the intent of the bill is to require
       uninsured/underinsured motorist coverage, despite its elective status or to allow the program to accept
       arrangements and be free from liability where the owner and or the driver have rejected
       uninsured/underinsured motorist coverage.

       The bill provides that the "car-sharing termination time" is when agreed use time ends and the vehicle is
       returned to the agreed upon location, the vehicle is returned to an alternate agreed upon location, or
STORAGE NAME: h0723d.COM.DOCX                                                                                   PAGE: 8
DATE: 2/25/2020
       the vehicle owner takes possession and control of the vehicle. In three instances, the bill provides for
       limitations or liabilities when the vehicle owner is in control of the vehicle. It is unclear if references to
       "in control" and "in possession and control" are intended to have the same meaning. Further, it is
       unclear if the term "in control" refers to an individual actively operating the vehicle or if it means the
       general responsibility for a vehicle by means of being able to exclude others from its use without
       permission. Since a clear understanding of this term is needed to understand the extent of liability
       shifting between the owner and the program, the use of the term may need to be clarified.

       On lines 289-291, the bill requires designation of personnel capable of fielding calls for roadside
       assistance and other customer service inquiries. It is not clear to whom the term "personnel" refers to
       for this purpose or who will designate them.

       On lines 313-318, the bill specifies certain records that the program must keep. This occurs in a section
       titled "Consumer Protections" rather than in an earlier section titled "Recordkeeping." The bill requires
       the retention of a non-exclusive list of specified records for a designated period. It is unclear if listing
       additional recordkeeping requirements in another portion of the bill is subject to the same retention
       period. It may avoid confusion to list all recordkeeping requirements in a single section of the bill.

                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   On January 28, 2020, the Insurance & Banking Subcommittee considered the bill, adopted two
   amendments, and reported the bill favorably as a committee substitute. The amendments clarified the term
   "person" is a "natural person," for purposes of designating someone to act on behalf of a vehicle owner,
   and replaced the term "network" where context indicated that the term should be "peer-to-peer car-sharing
   program."

   The staff analysis reflects the committee substitute.




STORAGE NAME: h0723d.C0M.D0CX                                                                                    PAGE: 9
DATE: 2/25/2020
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/HB 723                                                                      2020




    1                                         A bill to be entitled
    2               An act relating to peer-to-peer car sharing; creating
    3               s. 627.7483, F.S.; providing definitions; providing
    4               motor vehicle insurance requirements for peer-to-peer
    5               car sharing; providing that peer-to-peer car-sharing
    6               programs have an insurable interest in shared vehicles
    7               in specified periods; authorizing peer-to-peer car-
    8               sharing programs to own and maintain certain policies
    9               of motor vehicle insurance; providing liabilities
10                  under certain circumstances; providing applicability;
11                  requiring shared vehicle owners' insurers to indemnify
12                  networks under certain circumstances; providing
13                  exemptions from vicarious liabilities; authorizing
14                  motor vehicle insurance policies to exclude specified
15                  coverages under certain circumstances; authorizing
16                  specified insurers to seek contributions against
17                  indemnifications under certain circumstances;
18                  providing requirements for notifications of
19                  implications of liens; providing requirements for
20                  recordkeeping; requiring specified disclosures to
21                  shared vehicle drivers and owners; requiring driver
22                  license verification and data retention under certain
23                  circumstances; providing responsibilities and
24                  indemnifications for specified equipment; providing
25                  requirements for verification and notification

                                                         Page 1 of 15

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0723-01-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 723                                                                       2020



26              relating to motor vehicle safety recalls; providing
27              construction; providing an effective date.
28
29      Be It Enacted by the Legislature of the State of Florida:
30
31              Section 1.         Section 627.7483, Florida Statutes, is created
32      to read:
33              627.7483          Peer-to-peer car sharing; insurance
34      requirements.-
35               (1)    DEFINITIONS.-As used in this section, the term:
36               (a)    "Car-sharing delivery period" means the period of time
37      during which a shared vehicle is being delivered to the location
38      of the car-sharing start time, if applicable, as documented by
39      the governing peer-to-peer car-sharing program agreement.
40               (b)    "Car-sharing period" means the period of time that
41      commences either at the car-sharing delivery period or, if there
42      is no car-sharing delivery period, at the car-sharing start time
43      and that ends at the car-sharing termination time.
44               (c)    "Car-sharing start time" means the time when the
45      shared vehicle is under the control of the shared vehicle
46      driver, which time occurs at or after the time the reservation
47      of the shared vehicle is scheduled to begin, as documented in
48      the records of a peer-to-peer car-sharing program.
49               (d)    "Car-sharing termination time" means the earliest of
50      the following events:

                                                      Page 2 of 15

     CODING: Words strioken are deletions; words underlined are additions.
                                                                                    hb0723-01-c1
FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        CS/HB 723                                                                2020



51              1.      The expiration of the agreed-upon period of time
52      established for the use of a shared vehicle according to the
53      terms of the peer-to-peer car-sharing program agreement if the
54      shared vehicle is delivered to the location agreed upon in the
55      peer-to-peer car-sharing program agreement;
56              2.      The time the shared vehicle is returned to a location
57      as alternatively agreed upon by the shared vehicle owner and
58      shared vehicle driver, as communicated through a peer-to-peer
59      car-sharing program; or
60              3.      The time the shared vehicle owner takes possession and
61      control of the shared vehicle.
62               (e)     "Peer-to-peer car sharing" or "car sharing" means the
63      authorized use of a motor vehicle by an individual other than
64      the vehicle's owner through a peer-to-peer car-sharing program.
65      For the purposes of this section, the term does not include the
66      renting of a motor vehicle through a rental car company, the use
67      of a for-hire vehicle as defined ins. 320.01(15), ridesharing
68      as defined ins. 341.031(9), carpool as defined ins. 450.28(3),
69      or the use of a motor vehicle under an agreement for a car-
70      sharing service as defined ins. 212.0606(2).
71               ( f)    "Peer-to-peer car-sharing program" means a business
72      platform that enables peer-to-peer car sharing by connecting
73      motor vehicle owners with drivers for financial consideration.
74      For the purposes of this section, the term does not include a
75      rental car company, a car-sharing service as defined ins.

                                                      Page 3 of 15

     CODING: Words stricken are deletions; words underlined are additions.
                                                                             hb0723-01-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 723                                                                       2020



 76      212.0606(2), a taxicab association, or the owner of a for-hire
 77      vehicle as defined ins. 320.01(15).
 78               (g)    "Peer-to-peer car-sharing program agreement'' means the
 79      terms and conditions established by the peer-to-peer car-sharing
 80      program which are applicable to a shared vehicle owner and a
 81      shared vehicle driver and which govern the use of a shared
 82      vehicle through a peer-to-peer car-sharing program. For the
 83      purposes of this section, the term does not include a rental
 84      agreement or an agreement for a for-hire vehicle as defined in
 85      s. 320.01(15) or for a car-sharing service as defined ins.
 86      212.0606(2).
 87               (h)    "Shared vehicle" means a motor vehicle that is
 88      available for sharing through a peer-to-peer car-sharing
 89      program. For the purposes of this section, the term does not
 90      include a rental car, a for-hire vehicle as defined ins.
 91      320.01(15), or a motor vehicle used for ridesharing as defined
 92      ins. 341.031(9), for carpool as defined ins. 450.28(3), or for
 93      car-sharing service as defined ins. 212.0606(2).
 94               (i)    "Shared vehicle driver" means an individual who has
 95      been authorized by the shared vehicle owner to drive the shared
 96      vehicle under the peer-to-peer car-sharing program agreement.
 97               (j)    "Shared vehicle owner" means the registered owner, or
 98      a natural person or entity designated by the registered owner,
 99      of a motor vehicle made available for sharing to shared vehicle
100      drivers through a peer-to-peer car-sharing program. For the

                                                       Page 4 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0723-01-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 723                                                                       2020



101      purposes of this section, the term does not include an owner of
102      a for-hire vehicle as defined ins. 320.01(15).
103               (2)     INSURANCE COVERAGE REQUIREMENTS.-
104               (a)l.     A peer-to-peer car-sharing program shall ensure
105      that, during each car-sharing period, the shared vehicle owner
106      and the shared vehicle driver are insured under a motor vehicle
107      insurance policy that provides all of the following:
108              a.     Property damage liability coverage that meets the
109      minimum coverage amounts required under s. 324.022.
110              b.     Bodily injury liability coverage limits as described in
111      s. 324.021(7) (a) and (b).
112              c.     Personal injury protection benefits that meet the
113      minimum coverage amounts required under s. 627.736.
114              d.     Uninsured and underinsured vehicle coverage as required
115      under s. 627.727.
116              2.     The peer-to-peer car-sharing program shall also ensure
117      that the motor vehicle insurance policy under subparagraph 1.:
118              a.     Recognizes that the shared vehicle insured under the
119      policy is made available and used through a peer-to-peer car-
120      sharing program; or
121              b.     Does not exclude the use of a shared vehicle by a
122      shared vehicle driver.
123               (b)l.     The insurance described under paragraph (a) may be
124      satisfied by a motor vehicle insurance policy maintained by:
125              a.     A shared vehicle owner;

                                                       Page 5 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0723-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 723                                                                2020




126              b.     A shared vehicle driver;
127              c.     A peer-to-peer car-sharing program; or
128              d.     A combination of a shared vehicle owner, a shared
129      vehicle driver, and a peer-to-peer car-sharing program.
130              2.     The insurance policy maintained in subparagraph 1.
131      which satisfies the insurance requirements under paragraph (a)
132      is primary during each car-sharing period.
133              3.a.      If the insurance maintained by a shared vehicle owner
134      or shared vehicle driver in accordance with subparagraph 1. has
135      lapsed or does not provide the coverage required under paragraph
136       (a), the insurance maintained by the peer-to-peer car-sharing
137      program must provide the coverage required under paragraph (a),
138      beginning with the first dollar of a claim, and must defend such
139      claim, except under circumstances as set forth in subparagraph
140       (3) (a) 2.

141              b.     Coverage under a motor vehicle insurance policy
142      maintained by the peer-to-peer car-sharing program must not be
143      dependent on another motor vehicle insurer first denying a
144      claim, and another motor vehicle insurance policy is not
145      required to first deny a claim.
146              c.     Notwithstanding any other law, statute, rule, or
147      regulation to the contrary, a peer-to-peer car-sharing program
148      has an insurable interest in a shared vehicle during the car-
149      sharing period. This sub-subparagraph does not create liability
150      for a peer-to-peer car-sharing program for maintaining the

                                                       Page 6 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb0723-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 723                                                                2020



151      coverage required under paragraph (a) and under this paragraph,
152      if applicable.
153              d.      A peer-to-peer car-sharing program may own and maintain
154      as the named insured one or more policies of motor vehicle
155      insurance which provide coverage for:
156               (I)     Liabilities assumed by the peer-to-peer car-sharing
157      program under a peer-to-peer car-sharing program agreement;
158               (II)     Liability of the shared vehicle owner;
159               (III)     Liability of the shared vehicle driver;
160               (IV)     Damage or loss to the shared motor vehicle; or
161               (V)     Damage, loss, or injury to persons or property to
162      satisfy the personal injury protection and uninsured and
163      underinsured motorist coverage requirements of this section.
164              e. Insurance required under paragraph (a), when maintained
165      by a peer-to-peer car-sharing program, may be provided by an
166      insurer authorized to do business in this state which is a
167      member of the Florida Insurance Guaranty Association or an
168      eligible surplus lines insurer that has a superior, excellent,
169      exceptional, or equivalent financial strength rating by a rating
170      agency acceptable to the office. A peer-to-peer car-sharing
171      program is not transacting in insurance when it maintains the
172      insurance required under this section.
173               (3)     LIABILITIES AND INSURANCE EXCLUSIONS.-
174               (a)     Liability.-
175              1.      A peer-to-peer car-sharing program shall assume

                                                       Page 7 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb0723-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 723                                                                2020




176      liability, except as provided in subparagraph 2., of a shared
177      vehicle owner for bodily injury or property damage to third
178      parties or uninsured and underinsured motorist or personal
179      injury protection losses during the car-sharing period in an
180      amount stated in the peer-to-peer car-sharing program agreement,
181      which amount may not be less than those set forth in ss.
182      324.021(7) (a) and (b), 324.022, 627.727, and 627.736,
183      respectively.
184              2.    The assumption of liability under subparagraph 1. does
185      not apply if a shared vehicle owner:
186              a.    Makes an intentional or fraudulent material
187      misrepresentation or omission to the peer-to-peer car-sharing
188      program before the car-sharing period in which the loss occurs;
189      or
190              b.    Acts in concert with a shared vehicle driver who fails
191      to return the shared vehicle pursuant to the terms of the peer-
192      to-peer car-sharing program agreement.
193              3.    A peer-to-peer car-sharing program shall assume primary
194      liability for a claim when it is in whole or in part providing
195      the insurance required under paragraph (2) (a) and:
196              a. A dispute exists as to who was in control of the shared
197      motor vehicle at the time of the loss; and
198              b. The peer-to-peer car-sharing program does not have
199      available, did not retain, or fails to provide the information
200      required under subsection (5).

                                                       Page 8 of 15

      CODING: Words strioken are deletions; words underlined are additions.
                                                                              hb0723-01-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 723                                                                       2020




201
202      The shared vehicle owner's insurer shall indemnify the peer-to-
203      peer car-sharing program to the extent of the insurer's
204      obligation, if any, under the applicable insurance policy if it
205      is determined that the shared vehicle owner was in control of
206      the shared motor vehicle at the time of the loss.
207               (b}    Vicarious liability.-A peer-to-peer car-sharing
208      program and a shared vehicle owner are exempt from vicarious
209      liability consistent with 49 U.S.C. s. 30106 (2005) under any
210      state or local law that imposes liability solely based on
211      vehicle ownership.
212               (c}    Exclusions in motor vehicle insurance policies.-An
213      authorized insurer that writes motor vehicle liability insurance
214      in this state may exclude any and all coverage and the duty to
215      defend or indemnify for any claim afforded under a shared
216      vehicle owner's motor vehicle insurance policy, including, but
217      not limited to:
218              1.     Liability coverage for bodily injury and property
219      damage;
220              2.     Personal injury protection coverage;
221              3.     Uninsured and underinsured motorist coverage;
222              4.     Medical payments coverage;
223              5.     Comprehensive physical damage coverage; and
224              6.     Collision physical damage coverage.
225

                                                       Page 9 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0723-01-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 723                                                                       2020




226      This paragraph does not invalidate or limit any exclusion
227      contained in a motor vehicle insurance policy, including any
228      insurance policy in use or approved for use which excludes
229      coverage for motor vehicles made available for rent, sharing, or
230      hire or for any business use.
231               (d)    Contribution against indemnification.-A shared vehicle
232      owner's motor vehicle insurer that defends or indemnifies a
233      claim against a shared vehicle which is excluded under the terms
234      of its policy has the right to seek contribution against the
235      motor vehicle insurer of the peer-to-peer car-sharing program if
236      the claim is:
237              1.     Made against the shared vehicle owner or the shared
238      vehicle driver for loss or injury that occurs during the car-
239      sharing period; and
240              2.     Excluded under the terms of its policy.
241               (4)    NOTIFICATION OF IMPLICATIONS OF LIEN.-At the time a
242      motor vehicle owner registers as a shared vehicle owner on a
243      peer-to-peer car-sharing program and before the shared vehicle
244      owner may make a shared vehicle available for car sharing on the
245      peer-to-peer car-sharing program, the peer-to-peer car-sharing
246      program must notify the shared vehicle owner that, if the shared
247      vehicle has a lien against it, the use of the shared vehicle
248      through a peer-to-peer car-sharing program, including the use
249      without physical damage coverage, may violate the terms of the
250      contract with the lienholder.

                                                      Page 10 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0723-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 723                                                                             2020




251               (5)    RECORDKEEPING.-A peer-to-peer car-sharing program
252      shall:
253               (a)    Collect and verify records pertaining to the use of a
254      shared vehicle, including, but not limited to, the times used,
255      fees paid by the shared vehicle driver, and revenues received by
256      the shared vehicle owner.
257               (b)    Retain the records in paragraph (a)                  for a time period
258      not less than the applicable personal injury statute of
259      limitations.
260               (c)    Provide the information contained in the records in
261      paragraph (a) upon request to the shared vehicle owner, the
262      shared vehicle owner's insurer, or the shared vehicle driver's
263      insurer to facilitate a claim coverage investigation.
264               (6)    CONSUMER PROTECTIONS.-
265               (a)    Disclosures.-Each peer-to-peer car-sharing program
266      agreement made in this state must disclose to the shared vehicle
267      owner and the shared vehicle driver:
268              1.     Any right of the peer-to-peer car-sharing program to
269      seek indemnification from the shared vehicle owner or the shared
270      vehicle driver for economic loss resulting from a breach of the
271      terms and conditions of the peer-to-peer car-sharing program
272      agreement.
273              2.     That a motor vehicle insurance policy issued to the
274      shared vehicle owner for the shared vehicle or to the shared
275      vehicle driver does not provide a defense or indemnification for

                                                      Page 11 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                           hb0723-01-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 723                                                                       2020




276      any claim asserted by the peer-to-peer car-sharing program.
277              3.     That the peer-to-peer car-sharing program's insurance
278      coverage on the shared vehicle owner and the shared vehicle
279      driver is in effect only during each car-sharing period and
280      that, for any use of the shared vehicle by the shared vehicle
281      driver after the car-sharing termination time, the shared
282      vehicle driver and the shared vehicle owner may not have
283      insurance coverage.
284              4.     The daily rate, fees, and, if applicable, any insurance
285      or protection package costs that are charged to the shared
286      vehicle owner or the shared vehicle driver.
287              5.     That the shared vehicle owner's motor vehicle liability
288      insurance may exclude coverage for a shared vehicle.
289              6.     An emergency telephone number of the personnel capable
290      of fielding calls for roadside assistance and other customer
291      service inquiries.
292              7.     Any conditions under which a shared vehicle driver must
293      maintain a personal motor vehicle insurance policy with certain
294      applicable coverage limits on a primary basis in order to book a
295      shared vehicle.
296               (b)    Driver license verification and data retention.-
297              1.     A peer-to-peer car-sharing program may not enter into a
298      peer-to-peer car-sharing program agreement with a driver unless
299      the driver:
300              a.     Holds a driver license issued under chapter 322 which

                                                      Page 12 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0723-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 723                                                                2020




301      authorizes the driver to drive vehicles of the class of the
302      shared vehicle;
303              b.      Is a nonresident who:
304               (I)     Holds a driver license issued by the state or country
305      of the driver's residence which authorizes the driver in that
306      state or country to drive vehicles of the class of the shared
307      vehicle; and
308               (II)     Is at least the same age as that required of a
309      resident to drive; or
310              c.      Is otherwise specifically authorized by the Department
311      of Highway Safety and Motor Vehicles to drive vehicles of the
312      class of the shared vehicle.
313              2.      A peer-to-peer car-sharing program shall keep a record
314      of:
315              a.      The name and address of the shared vehicle driver;
316              b.      The number of the driver license of the shared vehicle
317      driver and each other person, if any, who will operate the
318      shared vehicle; and
319              c.      The place of issuance of the driver license.
320               (c)     Responsibility for equipment.-A peer-to-peer car-
321      sharing program has sole responsibility for any equipment that
322      is put in or on the shared vehicle to monitor or facilitate the
323      peer-to-peer car-sharing transaction, including a GPS system.
324      The peer-to-peer car-sharing program shall indemnify and hold
325      harmless the shared vehicle owner for any damage to or theft of

                                                      Page 13 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb0723-01-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 723                                                                       2020




326      such equipment during the car-sharing period which is not caused
327      by the shared vehicle owner. The peer-to-peer car-sharing
328      program may seek indemnity from the shared vehicle driver for
329      any damage to or loss of such equipment which occurs during the
330      car-sharing period.
331               (d)    Motor vehicle safety recalls.-At the time a motor
332      vehicle owner registers as a shared vehicle owner on a peer-to-
333      peer car-sharing program and before the shared vehicle owner may
334      make a shared vehicle available for car sharing on the peer-to-
335      peer car-sharing program, the peer-to-peer car-sharing program
336      must:
337              1.     Verify that the shared vehicle does not have any safety
338      recalls on the vehicle for which the repairs have not been made;
339      and
340              2.     Notify the shared vehicle owner that if the shared
341      vehicle owner:
342              a.     Has received an actual notice of a safety recall on the
343      vehicle, he or she may not make a vehicle available as a shared
344      vehicle on the peer-to-peer car-sharing program until the safety
345      recall repair has been made.
346              b.     Receives an actual notice of a safety recall on a
347      shared vehicle while the shared vehicle is made available on the
348      peer-to-peer car-sharing program, he or she shall remove the
349      shared vehicle as available on the peer-to-peer car-sharing
350      program as soon as practicably possible after receiving the

                                                      Page 14 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0723-01-c1
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/HB 723                                                                  2020




351      notice of the safety recall and until the safety recall repair
352      has been made.
353              c.     Receives an actual notice of a safety recall while the
354      shared vehicle is in the possession of a shared vehicle driver,
355      he or she shall notify the peer-to-peer car-sharing program
356      about the safety recall as soon as practicably possible after
357      receiving the notice of the safety recall, so that he or she may
358      address the safety recall repair.
359               (7)    CONSTRUCTION.-This section does not limit:
360               (a)    The liability of a peer-to-peer car-sharing program
361      for any act or omission of the peer-to-peer car-sharing program
362      which results in the bodily injury to a person as a result of
363      the use of a shared vehicle through peer-to-peer car sharing; or
364               (b)    The ability of a peer-to-peer car-sharing program to
365      seek, by contract, indemnification from the shared vehicle owner
366      or the shared vehicle driver for economic loss resulting from a
367      breach of the terms and conditions of the peer-to-peer car-
368      sharing program agreement.
369              Section 2.         This act shall take effect March 1, 2021.




                                                      Page 15 of 15

      CODING: Words strioken are deletions; words underlined are additions.
                                                                                hb0723-01-c1
                               COMMERCE COMMITTEE

                              CS/HB 723 by Rep. Fischer
                               Peer-to-Peer Car Sharing

                               AMENDMENT SUMMARY
                                 February 27, 2020

Amendment 1 by Rep. Fischer (Line 76): The amendment clarifies that the bill does not apply
to someone that is using hardware or software that might otherwise be considered a peer-to-
peer car-sharing program, if it is not used to pay for use of a shared vehicle.
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. CS/HB 723   (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
 5             Remove lines 76-77 and insert:
 6     212.0606(2), a taxicab association, the owner of a for-hire
 7     vehicle as defined ins. 320.01(15), or a service provider who
 8     is solely providing hardware or software as a service to a
 9     person or entity that is not effectuating payment of financial
10     consideration for use of a shared vehicle.
11




     843871 - h0723-line 76.docx
      Published On: 2/26/2020 7:22:08 PM
                                     Page 1 of 1
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 771    Motor Vehicle Insurance
SPONSOR(S): Grall
TIED BILLS:        IDEN./SIM. BILLS: SB 378

  REFERENCE                                                       ACTION                   ANALYST                STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                              13 Y, 1 N               Lloyd                  Cooper

  2) Government Operations & Technology                           8 Y, 4 N                 Helpling               Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                                    Lloyd        ••        Hamon


                                                        SUMMARY ANALYSIS
The Florida Motor Vehicle No-Fault Law (also known as personal injury protection or PIP) requires owners and
operators to obtain and maintain PIP, which provides $10,000 in medical, disability, and funeral expenses,
without regard to fault, subject to a limit of $2,500 for non-emergency medical care. In exchange for providing
PIP coverage, vehicle owners and operators are immune from tort claims within the limits of the PIP law.
The owner is also required to obtain and maintain coverage of at least $10,000 for property damage (PD). In
response to an accident, they must also provide proof of bodily injury (Bl) coverage. Bl coverage requires the
ability to respond for at least $10,000 in damages due to the bodily injury or death of any one person and
$20,000 for bodily injury or death to two or more persons. An insurance policy or allowable form of self-
insurance is acceptable proof of Bl coverage.
The bill repeals PIP. By repealing PIP, the bill removes the limitation on tort liability provided under PIP. When
drivers are at fault in an accident, they are fully liable for any damages they cause. Due to this change, the bill
expands the scope of legal liabilities covered under an uninsured/underinsured motorist policy.
In place of PIP, Bl coverage is required at the time of registration of a motor vehicle. It increases the minimum
Bl coverage limits to $25,000 in damages due to the bodily injury or death of any one person and $50,000 for
bodily injury or death to two or more persons. The minimum PD coverage limit is not changed. The minimum
security limits for self-insurance of Bl and PD requirements are increased. The bill also increases minimum
coverage limits applicable to garage liability policies and commercial motor vehicle coverage.
The bill requires insurers to offer medical payments coverage prior to issuing the policy, which the prospective
insured may reject in writing. Coverage may be selected at $5,000, $10,000 or in amounts exceeding $5,000.
The insurer may offer deductibles from zero to $500.
Motor vehicle policies issued on or after January 1, 2021, may not include PIP coverage. The bill provides for
continued enforcement of suspensions, revocations, and anti-fraud measures for actions occurring under the
PIP law.
The bill provides for the transition of motor vehicle insurance policies issued prior to January 1, 2021, from PIP
requirements to Bl requirements. In addition, insurers are required to provide their policyholders a notice
describing the effect of the elimination of PIP and change to Bl, by September 1, 2020. The notice is subject to
approval by the Office of Insurance Regulation (OIR).
The bill provides that resident relatives must be included in coverage provided by motor vehicle liability
policies. It also allows insurers to exclude named individuals from coverage. It also allows exclusion of
coverage of motor vehicles that are not identified on the policy, if an individual insured by the policy has owned
the vehicle, or the temporary vehicle was furnished for regular use, for more than 30 consecutive days.
An appropriation of $83,651 is provided to OIR to implement changes made by the bill. The bill has an
indeterminate negative fiscal impact on state revenues and expenditures and no fiscal impact on local
government. The bill has indeterminate positive and negative impacts on the private sector.
The bill is effective January 1, 2020, except as otherwise expressly provided by the bill.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0771d.COM.DOCX
DATE: 2/25/2020
                                                          FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Financial Responsibility Law

         Florida's Financial Responsibility Law requires proof of ability to pay monetary damages for bodily
         injury (Bl) and property damage (PD) liability arising out of a motor vehicle accident or serious traffic
         violation. 1 The owner or operator of a motor vehicle is not required to provide proof of Bl coverage at
         the time of vehicle registration. Motorcycle owners also are not required to provide proof of Bl coverage
         at the time of registration. Proof of such coverage is only required after an accident. 2 At that time, a
         driver proves financial responsibility by furnishing an active motor vehicle liability policy, a certificate
         showing a qualifying security deposit with the Department of Highway Safety and Motor Vehicles
         (DHSMV), or proof of qualifying self-insurance. 3

         The required minimum amounts of Bl insurance coverages are $10,000, in the event of bodily injury to,
         or death of, one person, and $20,000, in the event of bodily injury to, or death of, two or more persons.
         The required minimum amount of PD insurance coverage is $10,000, in the event of damage to
         property of others, or $30,000 combined for both Bl and PD coverage. 4 Some refer to these coverage
         amounts in a summary manner, i.e., $10,000/$20,000/$10,000 or 10/20/10.

         A driver's license and vehicle registration are subject to suspension for failure to comply with the PD
         coverage requirement. 5 One may obtain driver's license and registration reinstatement by obtaining a
         liability policy and by paying a fee to DHSMV. 6

         Financial responsibility requirements are common. All states have financial responsibility laws that
         require persons involved in auto accidents (or serious traffic infractions) to furnish proof of Bl and PD
         liability insurance. The minimum coverage amounts vary among the states.

         Florida Motor Vehicle No-Fault Law

         Florida's Motor Vehicle No-Fault Law (No-Fault Law)7 requires motorists to carry no-fault insurance
         known as personal injury protection (PIP) coverage. The purpose of PIP coverage under the No-Fault
         Law is to provide for medical, surgical, funeral, and disability insurance benefits without regard to who
         is responsible for a motor vehicle accident. In return for assuring payment of these benefits, the No-
         Fault Law provides limitations on the right to bring lawsuits arising from motor vehicle accidents. Florida
         motorists are required to carry $10,000 of PIP coverage. 8 However, motorcycles are excluded from this
         requirement.

1 Ch. 324, F.S.
2
  Ss. 320.02 and 324.011, F.S.
3
  Ss. 324.031, 324.061, 324.161, and 324.171, F.S. Businesses that choose to self-insure the financial responsibility requirements must
deposit $30,000 per vehicle, up to a maximum of $120,000, with the DHSMV and maintain excess insurance with limits of
$125,000/$250,000/$300,000. Individuals that choose to self-insure must deposit $30,000 with the DHSMV. Individuals and businesses
can also obtain a certificate of self-insurance to satisfy the financial responsibility requirements. Individuals must have an
unencumbered net worth of $40,000 and businesses must have either an unencumbered net worth of $40,000 for the first vehicle and
$20,000 for each additional vehicle or a sufficient net worth determined by the DHSMV by rule. Currently, the applicable rule provides
that $40,000 for the first vehicle and an amount less than $20,000 for each additional vehicle is sufficient if the applicant carries excess
insurance in the amounts of $25,000/$50,000/$100,000. The amount applicable to each additional vehicle is determined annually under
a "Manual of Financial Responsibility Rates" (Revised 05-89) adopted by rule by the Office of Insurance Regulation. Rule 15A-3.011,
F.A.C.
4
  S. 324.022, F.S.
5
  S. 324.0221 (2), F.S. Failure to maintain PIP coverage results in suspension of the driver's license and vehicle registration.
6 S. 324.0221 (3), F.S.
7
  Ss. 627.730-627.7405, F.S.
8
  S. 627.7275, F.S. Under Florida's Financial Responsibility Law (ch. 324, F.S.), motorists must also provide proof of ability to pay
monetary damages for Bodily Injury and Property Damage liability at the time of motor vehicle accidents or when serious traffic
violations occur. The Financial Responsibility Law requires $10,000, per person, and $20,000, per incident, of Bodily Injury coverage,
and $10,000 of Property Damage liability coverage.
STORAGE NAME: h0771d.C0M.D0CX                                                                                                      PAGE: 2
DATE: 2/25/2020
         PIP General Provisions

             Required Coverage                   All owners or registrants of motor vehicles with four or more wheels,
                                                 except school buses, limos, and taxicabs, are required to carry PIP. 9
             Individuals Covered                 The named insured, relatives living in the same household, persons
                                                 operating the vehicle, passengers in the vehicle, and persons struck
                                                 and injured while not occupying the vehicle.
             Tort Limitation                     Limited exemption from tort liability; injured persons may pursue
                                                 certain tort claims as specified by the PIP law.
             Benefits                            $10,000 in emergency medical and disability benefits (limited to
                                                 $2,500 in medical benefits for non-emergency medical conditions) and
                                                 $5,000 in death benefits. Coverage of 60 percent of lost income due
                                                 to disability, not to exceed the $10,000 overall benefit limitation.
             Timely Treatment                    Medical benefits are paid only if initial treatment is received within 14
                                                 days of the accident.
             Timely Payment                      Payments are overdue if not paid within 30 days of insurer receipt of
                                                 written notice.
             Medical Reimbursement               80 percent of reasonable medical expenses paid to eligible medical
                                                 providers. 10
             Excluded Treatment                  Massage and acupuncture are not PIP medical benefits. Services,
                                                 supplies, or care that is not reimbursable under Medicare or workers'
                                                 compensation is not required to be reimbursed by the insurer.
             Attorney Fees                       Prevailing insureds and beneficiaries may receive a reasonable
                                                 attorney fees award.


         PIP in Other States

         Over the last couple of decades, 24 jurisdictions have repealed their No-Fault laws or made them non-
         compulsory.11 Only 17 jurisdictions have compulsory PIP laws. Of those with compulsory PIP laws, only
         nine have No-Fault laws. Five jurisdictions, including some that do not have compulsory PIP laws, give
         the insured the option to choose No-Fault protections.

                            Jurisdiction                    Compulsory PIP                 No-Fault
                            Arizona                             Yes                          No
                            Delaware                            Yes                          No
                            District of Columbia                 No                        Optional
                            Florida                             Yes                          Yes
                            Hawaii                              Yes                          Yes
                            Kansas                              Yes                          Yes
                            Kentucky                             No                        Optional
                            Maryland                            Yes                          No
                            Massachusetts                       Yes                          Yes
                            Michigan                            Yes                          Yes
                            Minnesota                           Yes                          Yes


9
   This includes non-resident owners who keep a vehicle in Florida for more than 90 days during the previous 365 day. S. 627.733(2),
F.S.
10
    Insurers may limit reimbursements to a fee schedule tied to the Medicare allowed amount. S. 627.736(5)(a)1., F.S. For many
services, 80 percent of 200 percent of the Medicare allowed amount is the standard reimbursement under this fee schedule.
11
    National Association of Insurance Commissioners, Final Auto Study Group Report (Nov. 18, 2014) and Insurance Information
Institute, Compulsory Auto/Uninsured Motorists (Sept. 2017) http://www.iii.org/issue-update/compulsory-auto-uninsured-motorists (last
visited Feb. 1, 2020).
STORAGE NAME: h0771d.C0M.D0CX                                                                                                 PAGE: 3
DATE: 2/25/2020
                           New Jersey                       Yes                 Optional
                           New York                         Yes                  Yes
                           North Dakota                     Yes                  Yes
                           Oregon                           Yes                   No
                           Pennsylvania                     No                  Optional
                           Texas                            Yes                 Optional
                           Utah                             Yes                  Yes
                           Virgin Islands                   Yes                   No
                           Washington                       Yes                   No

           Recent Legislative History

           The Legislature revised the PIP law multiple times following a Statewide Grand Jury in 2000 that found
           rampant fraud in the PIP system. The Legislature enacted PIP reform legislation in 2001 and 2003. The
           2003 legislation included a sunset of the PIP law on October 1, 2007. A Governor's veto of a bill
           extending the sunset of the law resulted in the law expiring in 2007. Following a 2007 Special Session,
           the PIP law was revived effective January 1, 2008. The Legislature again revised the PIP law in 2012.

           PIP Reform

           The reforms enacted between 2001 and 2012 included:

           •    Establishing requirements for and limiting access to motor vehicle crash reports;
           •    Providing limitations on medical services, reimbursement, and eligible providers;
           •    Requiring provider licensing;
           •    Requiring pre-suit demand letters;
           •    Increasing criminal penalties;
           •    Defining certain activities by claims handlers as unfair and deceptive trade practices;
           •    Establishing limitations on benefits for emergency and non-emergency medical conditions; and
           •    Creating limitations on attorney's fees.

           The 2012 reform required insurers to make rate filings by October 1, 2012, and January 1, 2014, that
           provided a minimum 10 percent and 25 percent decrease in PIP premiums, respectively. However, this
           reform permitted insurers to file and the Office of Insurance Regulation (OIR) to approve smaller
           decreases or increases, if appropriately justified. This resulted in an estimated average statewide rate
           decrease in PIP premiums of 13.2 percent, as of January 22, 2014. This legislation also required OIR
           to issue a PIP data call and report the results. OIR reported the data call results on January 1, 2015
           (see Recent Reports by OIR, below).

           PIP Repeal Proposals

           The PIP law has been the subject of multiple repeal proposals over the last several years. The House
           considered bills in 2013, 2014, 2015, and 2017 that would have repealed PIP and required increased
           Bl coverage under the Financial Responsibility Law. 12 A 2016 bill would have repealed PIP, effective
           January 1, 2019, but would have maintained current Bl and PD requirements. Except for 2017, the
           House bills died in the Insurance & Banking Subcommittee. CS/HB 1063 (2017) passed the House on
           April 19, 2017, and died in the Senate Appropriations Subcommittee on Health and Human Services.

           Recent Changes

           As part of a pair of broader insurance related bills, the Legislature amended the PIP law in 2015 and
           2016. HB 165 (2015) clarified the application of the PIP medical reimbursement fee schedule. HB 165
           (2015) and HB 659 (2016) each created an additional exemption from a licensure requirement under
           the PIP law that permits reimbursement of certain health care clinics for PIP related medical services.

12
     Ch. 324, F.S.
STORAGE NAME: h0771d.COM.DOCX                                                                                PAGE: 4
DATE: 2/25/2020
         Recent Reports by OIR

         PIP Data Call

         The 2012 reform, HB 119, required OIR to perform a comprehensive data call regarding PIP. Thirty-five
         insurers representing 83.5 percent of the market participated in the data call. This included the top 25
         insurers, by market share. The report did not rely on information from several insurers due to data
         quality issues. OIR published their analysis of the data call on January 1, 2015. The report provided
         detailed information on seven of the eight required elements mentioned in the bill. The bill required the
         report to address, at a minimum, the following points:

           1. Quantity of personal injury protection claims.
           2. Type or nature of claimants.
           3. Amount and type of personal injury protection benefits paid and expenses incurred.
           4. Type and quantity of, and charges for, medical benefits.
           5. Attorney fees related to bringing and defending actions for benefits.
           6. Direct earned premiums for personal injury protection coverage, pure loss ratios, pure premiums,
              and other information related to premiums and losses.
           7. Licensed drivers and accidents.
           8. Fraud and enforcement.

         The published report did not include detail or analysis regarding item 5. However, the report included
         limited information about insurer costs related to defense of claims, which includes attorney fees. OIR
         documented and analyzed all other items in detail.

         While OIR did not provide a summary of their findings in the body of the report, they summarized their
         findings in a press release dated January 5, 2015, 13 as follows:

                 The findings showed a general decrease in the per claim costs and the overall
                 number of claims (frequency and severity) for PIP since the implementation of
                 HB 119 on January 1, 2013. The regional analysis concludes that South Florida
                 and the Tampa/St. Petersburg regions experienced the most significant
                 decreases in Florida. However, the data also exposed that other coverages, such
                 as Bodily Injury (81) and Uninsured Motorists (UM), experienced increases in
                 both frequency and severity when some benefits covered under PIP moved to
                 these coverages. These trends are expected to continue over the next year.

                 Prior to 2012 and the passage of this law, the pervasive nature of PIP fraud and
                 staged auto accidents created an unsustainable cost trajectory of PIP claims.
                 The Division of Insurance Fraud (DIF), within the Department of Financial
                 Services (DFS), is responsible for investigating this type of fraud. According to
                 the DIF, there has been a substantial decline in PIP fraud since the
                 implementation of HB 119 with a projected 16% decrease during Fiscal Year
                 2013 - 2014 from Fiscal Year 2011 -2012.

                 The Office also compiled a summary of the rate filings effective on or after
                 January 1, 2011 for the top 25 insurers representing 80.9% of the total personal
                 auto market in Florida. These filings were segregated into two sets of data: Pre-
                 HB 119 and Post-HS 119 (to include all filings submitted since, and including, the
                 first required HB 119 filing due on October 1, 2012). The average statewide
                 approved rate changes were:




13 FLORIDA OFFICE OF INSURANCE REGULATION, News Releases, Office Releases Personal Injury Protection (PIP) Insurance Data Call
Report, http://www.floir.com/PressReleases/viewmediarelease.aspx?id=2094 (last visited Feb. 1, 2020).
STORAGE NAME: h0771d.COM.DOCX                                                                                             PAGE: 5
DATE: 2/25/2020
                                                               Pre-HB 119                     HB 119
                    PIP                                          +46.3%                       -13.6%
                    Liability (incl. PIP)                        +20.9%                        -0.5%
                    Overall (incl. Comp. & Coll.)                +12.9%                        -0.1%

                    The report noted many insurers had residual rate need due to deteriorating PIP
                    experience prior to the implementation of the bill that were used to offset some of
                    the expected savings from HB 119. For an individual policyholder, the rate
                    changes may vary considerably from the statewide averages listed above, taking
                    into account other factors, such as differences by insurer, by territory, etc.

                    Overall, there was limited data available to determine the true impact of HB 119;
                    however, the data call analysis reveals the law has had a major impact on the
                    personal auto market and changed the trajectory of trends being seen prior to its
                    enactment.

           The report also documented an increase in the frequency of automobile crashes in Florida during 2013
           and 2014. Data from the DHSMV shows that this trend continued through 2015. OIR reported that
           crash frequency per 100 licensed drivers in Florida had dropped by 13.7 percent from 2004 to 2011. In
           2011, there were 1.48 crashes per 100 licensed drivers. For 2015, crash frequency increased over 61
           percent to 2.40 crashes per 100 licensed drivers.

           OIR Cost Projection on Certain PIP Reform Proposals

           In June 2016, OIR contracted with Pinnacle Actuarial Resources (Pinnacle) for actuarial services to
           produce a "Review of PIP Legislation." 14 The objective of the review was to "provide a draft and final
           report documenting [a] comprehensive study on the effect of HB 119 and the potential impact to
           Floridians if the personal injury protection coverage requirements were repealed and replaced with
           varying levels of Bodily Injury coverage, or if the current requirements to purchase auto insurance were
           completely repealed." Pinnacle is the same vendor that produced the 2012 rate impact analysis that
           was required by HB 119 (2012). 15

           Pinnacle issued their report on September 13, 2016. 16 They found that:

           •   The study of HB 119 evaluated sixteen provisions of the bill and concluded that the HB 119 reforms
               produced an estimated aggregate savings since enactment in PIP claim costs of 17.5 percent and
               an estimated statewide average savings in PIP premiums of 15.1 percent.
           •   If no-fault insurance were repealed in Florida, there could be an estimated overall reduction in
               premiums of 9.6 percent on the liability coverage package or $81 per car annually for the average
               driver. For a// coverages combined, the estimated premium decrease is 6.7 percent.
           •   Finally, an analysis of premium impacts if the requirement to purchase auto insurance was repealed
               in addition to the repeal of no-fault insurance found there could be an estimated additional reduction
               in the PIP repeal savings of 0.2 percent to 0.4 percent.

           Pinnacle also provided estimates that considered the outcome if the consumer purchased Medical
           Payments (Med Pay) coverage, at either $2,500 or $5,000 coverage limits, and if the Bl limit was
           increased by law to $25K/$50K. The following table illustrates the estimated savings in each scenario.




14
     DFS OIR RFP 15/16-15, Actuarial Consulting Services for Review of PIP Legislation.
15 In 2012, Pinnacle Actuarial Resources, Inc., was retained by OIR to conduct an independent actuarial study to calculate the savings to

be expected because of HB 119 (2012). S. 15, HB 119 (2012). OIR published the report on August 21, 2012. FLORIDA OFFICE OF
INSURANCE REGULATION, Press Release, http://www.floir.com/PressReleases/viewrnediarelease.aspx?id=1956 (last visited Feb. 1, 2020).
16
   Pinnacle Actuarial Resources, Inc., Florida Office of Insurance Regulation: Review of Personal Injury Protection Legislation, Sept. 13,
2016, available at https://www.floir.com/siteDocurnents/FLOIRReviewPIP20160913.pdf (last visited Feb. 1, 2020).
STORAGE NAME: h0771d.COM.D0CX                                                                                                     PAGE: 6
DATE: 2/25/2020
                                  Estimated Savings on Auto Insurance Premiums, by Scenario
                 Situation               Coverage Type                Require 81 at $1 OK/$20K      Require 81 at $25K/$50K
                                         Liabilities, only 17                  9.6%                            8.1%
                 PIP repeal
                                              Overall                          6.7%                            5.6%

              PIP repeal and              Liabilities, only                    4.9%                            3.4%
             $2,500 Med Pay                   Overall                          3.4%                            2.4%

              PIP repeal and              Liabilities, only                    1.0%                            -0.5%
             $5,000 Med Pay                   Overall                          0.7%                            -0.3%

           Overview of Colorado PIP Insurance Reform
           Colorado had a no-fault auto insurance law from 1974 to 2003. In reaction to increasing costs of auto
           insurance, including a 38 percent increase in auto premiums from 1992 to 2002, Colorado repealed
           their no-fault law, effective July 2003. Colorado now handles crash liabilities through the tort system.
           Under the tort system, the person at fault in an auto crash is responsible for paying the losses of the
           victim and the victim enforces their rights in civil court.
           Prior to the change, Colorado had the ninth highest premium per insured auto in the nation. For 2014
           (the most current year available), Colorado had the 21 51 highest auto premium in the nation. According
           to the Colorado Legislative Council Staff, auto premiums in the state as of January 2007 had
           decreased ten to 14 percent following the elimination of the no-fault system. 18
           In comparison, according to data from the National Association of Insurance Commissioners and
           reported by the Insurance Information Institute, from 2006 through 2014, Florida has consistently
           ranked fifth in the nation for highest average auto insurance cost per vehicle. Florida ranked as low as
           sixth in 2009 and 2014 and as high as fourth in 2008 and 2012, with the remaining years being ranked
           fifth. 19

                                             Colorado                                            Florida
                                                                  Percent                                       Percent
                           Average Auto        National                       Average Auto       National
                                                                Change over                                   Change over
                           Premium Cost         Rank                          Premium Cost        Rank
                                                                 2002 Cost                                     2003 Cost
                 2002          $921.00             9                                 n/a            n/a
                 2003          $923.00             12                           $1,018.00            5
                 2004          $850.00             18              -7.7%        $1,062.00            5             4.3%
                 2005          $829.00             21             -10.0%        $1,064.00            6             4.5%
                 2006          $785.00             23             -14.8%        $1,069.00            5             5.0%
                 2007          $738.00             24             -19.9%        $1,043.00            5             2.5%
                 2008          $728.67             26             -20.9%        $1,054.89            5             3.6%
                 2009          $741.28             22             -19.5%        $1,006.20            6            -1.2%
                 2010          $730.42             25             -20.7%        $1,037.36            5             1.9%
                 2011          $723.61             27             -21.4%        $1,090.58            5             7.1%
                 2012          $737.95             25             -19.9%        $1,128.53            4            10.9%
                 2013          $777.95             23             -15.5%        $1,143.73            5            12.4%
                 2014          $821.19             21             -10.8%        $1,140.84            6            12.1%




17
     "Liabilities, only" includes Bodily Injury, Personal Injury Protection, Uninsured Motorist, and Property Damage coverages.
18 Colorado Legislative Council, Issue Brief Number 07-01, Automobile Insurance in Colorado, Jan. 2007.
19 INSURANCE INFORMATION INSTITUTE, Auto Insurance, Costs and Expenditures, http://www.iii.org/table-archive/21247 (last visited Feb. 1,

2020).
STORAGE NAME: h0771d.COM.D0CX                                                                                                     PAGE: 7
DATE: 2/25/2020
        Private Passenger Auto Insurance Requirement Comparison

                                               Colorado                                      Florida
                                                                             $10,000 medical, disability and funeral
             No-fault/PIP                        None                       Non-emergency medical limited to $2,500
                                                                               Mandatory for vehicle registration
                                                                                     $10,000 per person,
                                       $25,000 per person,                         $20,000 per accident, or
            Bodily Injury or
                                      $50,000 per accident                            $30,000 single limit
                Death
                                  Mandatory for vehicle registration           Mandatory, may be secured post-
                                                                                          reoistration
                                              $15,000                                       $10,000
        Property Damage
                                  Mandatory for vehicle registration           Mandatory for vehicle registration
        Uninsured/Under-        Mandatory offer at Bl/PD limits, written      Mandatory coverage at Bl limits, if Bl
         insured Motorist                rejection required                   purchased; written rejection required
                               $5,000 mandatory offer, written rejection
         Medical Payment                                                                      Optional
                                              required

        Impacts of the Colorado Reform

        In February 2008, the Office of the Governor of Colorado published a report that studied the impacts of
        the repeal of the no-fault system on auto insurance, health insurance, the trauma system, Medicaid and
        Colorado Indigent Care Program, and consumers. 20 The report's findings include the following:

        AUTO INSURANCE


        •     For the eight largest auto insurers in Colorado by market share, average auto insurance premiums
              declined 35 percent from July 2003 to December 2007.
        •     The average premium decrease attributable to the elimination of PIP was 22 percent immediately
              following the repeal of no-fault. 21
        •     Colorado's national rank for average annual auto insurance premium per vehicle fell following the
              repeal.
        •     Premiums for each of the non-PIP auto coverage types increased, except comprehensive coverage
              (no baseline data was available for medical payment coverage, so the effect was unknown).
        •     Ninety-nine percent of Colorado auto insurers were offering medical payment coverage post-reform
              and 31 percent of consumers were purchasing this coverage.

        HEAL TH INSURANCE


        •     Based on the responses of health insurers (totaling 1.57 million policyholders) to a 2003 survey by
              the Colorado Division of Insurance, health insurance premiums increased by an estimated 1.6
              percent.

         TRAUMA SYSTEM

        Hospitals

        •     The report could not quantify the impact on acute care hospital reimbursements for emergency and
              outpatient services.
        •     Comparing payments for 2002 to those for 2006 for inpatient care of auto accident patients at acute
              care hospitals, the percentage of payments from private insurance, which includes both auto and
              health insurance, decreased by about one third (75.4 percent for 2002 and 49.3 percent for 2006).

20 BBC Research & Consulting, Auto Insurance/Trauma System Study, 5, Feb. 2008.
21
   Information in Issue Brief Number 07-01 and the Auto Insurance/Trauma System Study are seemingly at odds regarding the change
in auto premiums post-reform. The reason for the difference may be that Issue Brief Number 07-01 is referencing the change in
average premiums for Colorado overall at January 2007 and the Auto Insurance/Trauma System Study is only focused on the eight
largest auto insurers in Colorado at December 2007.
STORAGE NAME: h0771d.COM.DOCX                                                                                            PAGE: 8
DATE: 2/25/2020
             The proportion of payment by all other payer types increased. The greatest increase was in self-
             payment (13.4 percent in 2002 and 27.2 percent in 2006). Self-payment may also include self-filing
             of insurance. Medicare showed the next highest increase (2.9 percent in 2002 and 7.7 percent in
             2006).
             o A similar pattern was seen in all inpatient cases; however, the amount of the decrease in the
                  proportion of private insurance payments was much less (51.1 percent for 2002 and 46.6
                  percent for 2006).
         •   The reimbursement rate (percent of charge reimbursed) for acute care hospital inpatient auto crash
             patients fell from 60 percent to 36 percent for hospitals that responded to a survey. The report
             asserted the cause of the reduction to be more patients without insurance and, for patients with
             insurance, more payments based on negotiated rates (non-PIP insurers allegedly rely more on
             negotiated rates).

         Emergency Medical First Responders

         •    Based on a small sample of first responders, i.e., those that could provide detailed billing and
              reimbursement information, non-reimbursed charges increased 37 percent for 2006 over 2002.
              Governmental first responders indicated that they made up deficits related to lower patient
              care/transfer reimbursements from non-user sources such as taxes and general fund transfers.
         •    The average number of days to collect first responder payment on auto crash related cases
              increased from 74 days in 2002 to 144 days in 2006.

         MEDICAID AND COLORADO INDIGENT CARE PROGRAM

         •    Medicaid - the Medicaid program's exposure to auto crash claims increased, but the report could
              not quantify the cost.
         •    Colorado Indigent Care Program - while exposure was increased, caps on the federal and state
              portions of the program's funding limited increases in expenditures. This increased unreimbursed
              provider charges.

         Effect of the Bill

         Effective January 1, 2021, the bill repeals portions of the Florida Motor Vehicle No-Fault Law (PIP).
         However, it provides for continued enforcement of suspensions, 22 revocations, and anti-fraud measures
         for actions occurring under the No-Fault Law.

         Changes to Financial Responsibility

         Beginning January 1, 2021, proof of compliance with the Financial Responsibility Law (Bl coverage) is
         required at the time of registration of a motor vehicle, 23 instead of post-registration or at the time of an
         accident as is currently required. It increases the minimum Bl coverage limits from $10,000 per person
         and $20,000 per incident to $25,000 per person and $50,000 per incident. The minimum PD coverage
         limit is not changed. 24 This results in required 25/50/10 coverage in most instances.

         The bill increases minimum security limits for self-insurance of financial responsibility requirements in
         the following ways:

         •    Certificate of deposit for individuals and businesses: 25
              o increased from $30,000 per vehicle (max. $120,000) to $60,000 per vehicle (max. $240,000). In
                 addition, such person must maintain motor vehicle liability policy in excess of the certificate of

22 The bill also expands DHSMV's authority to suspend the registrations and licenses of drivers who fail to maintain Bl when required

under ss. 324.023 (DUI conviction), 324.032 (for-hire transportation), 627.7415 (commercial motor vehicles), and 627.742, F.S. (non-
public sector buses), and who fail to carry proof of Bl when operating a motor vehicle.
23 Proof of compliance with the Financial Responsibility Law does not change for motorcycles.
24
   The allowed combined coverage limit of $30,000 for property damage and bodily injury is increased to $60,000.
25 Proof of the certificate of deposit maintained in a financial institution insured by the Federal Deposit Insurance Corporation or the

National Credit Union Administration must be submitted annually to DHSMV.
STORAGE NAME: h0771d.COM.DOCX                                                                                                     PAGE: 9
DATE: 2/25/2020
                  deposit providing bodily injury coverage of $125,000, per person, $250,000, per accident, and
                  $50,000 for property damage, or $300,000, combined property damage and bodily injury.

         •    Certificate of self-insurance - minimum unencumbered net worth increases from:
              o For individuals - $40,000 to $100,000, and
              o For businesses - $40,000 for the first vehicle and $20,000 for each additional vehicle to
                 $100,000 and $50,000, respectively. 26

         Garage Liability Insurance - The bill increases minimum security limits for garage liability insurance
         from $25,000 combined single limit for bodily injury and property damage to $60,000 combined.

         For-Hire Passenger Transportation Vehicle - no change; current 125/250/50.

          Commercial Motor Vehicles - minimum combined bodily injury and property damage coverage:
            • For vehicles between 26,000 pounds and 35,000 pounds - increases from $50,000 per
               occurrence to $60,000 per occurrence,
            • For vehicles 35,000 pounds or more but less than 44,000 pounds - no change ($120,000 per
               occurrence), and
            • For vehicles between 44,000 pounds or more - no change ($300,000 per occurrence).

         Non-public Sector Buses - no change; current 100/300/50 or combined 300.

         Transportation Network Companies - no change; current 50/100/25 when logged on, but no rider, and
         $1 million when connected to a rider.

         Transition of Coverages

         The bill provides for the transition of motor vehicle insurance policies into compliance with the changes
         made by the bill if the policies were issued prior to January 1, 2021, but are in force on that date. Those
         issued on or after January 1, 2021, are prohibited from including PIP coverage. In force policies that
         were issued in compliance with law at the time of issuance are deemed to meet the new requirements
         until renewed, nonrenewed, or canceled. Insurers are required to allow policyholders with PIP coverage
         to obtain Bl coverage that complies with the changes made by the bill without charge other than
         changes in premium due. Payment of the change in premium and refunds, if either result from the
         change in coverage, depending upon the actual coverages on the policy, are required.

         Notice Requirements

         Insurers are required to provide a notice, by September 1, 2020, informing motor vehicle policyholders
         that effective January 1, 2021:

         •    The Florida Motor Vehicle No-Fault Law (PIP) is repealed January 1, 2021,
         •    The policyholder is no longer required to carry PIP coverage,
         •    PIP is no longer available for purchase,
         •    New or renewal coverage will not include PIP,
         •    New Bl requirements begin on January 1, 2021, which are 25/50/10,
         •    That insurers must offer medical payments coverage with selectable limits of $5,000 and $10,000,
              or at limits greater than $5,000; optional deductible of $500; death benefit of $5,000; and describe
              the nature of medical payments coverage,
         •    A policyholder may obtain uninsured/underinsured motorist coverage to protect themselves and
              their insureds from damages caused by an uninsured/underinsured driver,
         •    Policies that comply with the requirements of law at the time of issue are deemed to meet the new
              requirements, until the policy is renewed, nonrenewed, or canceled,


26 In the alternative, businesses may qualify for self-insurance by maintaining a sufficient net worth determined annually by DHSMV by

rule. S. 324.171, F.S.
STORAGE NAME: h0771d.COM.D0CX                                                                                                 PAGE: 10
DATE: 2/25/2020
         •   They may change their policy to comply with the new requirements, and
         •   They may contact the name and telephone number provided in the notice with questions.

         The notice is also required to state that PIP provides medical payments coverage for the policyholder,
         passengers, and resident relatives, 27 while Bl protects the insured against loss if they are at fault in an
         accident and are legally responsible for bodily injuries or deaths of others. The notice is subject to
         approval by OIR.

         Optional Medical Payments Coverage

         The bill requires motor vehicle insurers to offer medical payments coverage before issuing an initial
         policy. Unless the insured rejects medical payments coverage in writing, medical payments coverage is
         deemed included with $10,000 in coverage.

         The insurer is required to offer:

              •   A $5,000 coverage limit,
              •   A $10,000 coverage limit, or
              •   Coverage limits exceeding $5,000.

         The insurer is allowed to offer medical payments coverage deductibles from zero to $500. The insurer
         must notify the policyholder annually of the availability of medical payments coverage.

         The bill establishes insurer reserve requirements tied to medical payments coverage claims. Medical
         payments coverage benefits are not a lien on personal recoveries associated with the claim event, nor
         does the insurer have a right to sue a recipient of medical coverage payments unless the payments
         were the result of fraud. The insurer may claim subrogation rights against persons that are not insured
         on the policy, but the right is subordinate to the insured's own right against such person. The insurer
         may recover from an insured who receives full payment for damages that impairs the insurer's
         subrogation rights in specified circumstances. Death benefits may not be subrogated.

         Named Driver Exclusion

         The bill provides that resident relatives must be included in coverage provided by motor vehicle liability
         policies, but authorizes insurers and policyholders to exclude named drivers, including a resident
         relative, from a private passenger motor vehicle insurance policy. An individual is not covered for
         damages that occur while operating a motor vehicle that is insured under a policy that excludes the
         individual by name. The bill prohibits exclusion for periods when the excluded named driver is not
         operating a motor vehicle covered under the policy (e.g., when they are a passenger in the vehicle}, if
         the exclusion is unfairly discriminatory by law, as determined by the OIR, or if the exclusion is
         inconsistent with the underwriting guidelines filed by the insurer with OIR. The exclusion of a named
         driver is contingent upon the written consent of a policyholder. The bill requires insurers to list excluded
         named drivers on the policy's declarations page or on a policy endorsement. Individuals who are
         named as excluded drivers on a particular policy may secure their insurance obligations under another
         policy.

         Newly Acquired and Temporary Substitute Motor Vehicles

         The bill allows insurers to exclude coverage of motor vehicles not named on a policy if the vehicle does
         not qualify as a "newly acquired vehicle" 28 or "temporary substitute" 29 vehicle and was owned by the
         insured or given to them for their use for more than 30 days prior to the claim event.


27
   A "resident relative" is defined as "a person related to a named insured by any degree by blood, marriage, or adoption, including a
ward or foster child, who usually makes her or his home in the same family unit as the named insured, whether or not he or she is
temporarily living elsewhere."
28
   "Newly acquired vehicle" means a vehicle owned by a named insured or resident relative of the named insured which was acquired
within 30 days before an accident.
STORAGE NAME: h0771d.COM.DOCX                                                                                                  PAGE: 11
DATE: 2/25/2020
         Rate Filings

         Initial insurer rate filings for motor vehicle liability submitted to OIR on or after January 1, 2021, are
         required to be based on the new requirements and may only be approved through the file and use
         approval process.

         Tort Liability

         By repealing PIP, the bill removes the limitation on tort liability provided under PIP. When drivers are at
         fault in an accident, they are fully liable for any damages they cause. Due to this change, the bill
         removes the conditional exclusion 30 of tort damages for pain, suffering, mental anguish, and
         inconvenience. Beginning January 1, 2021, the bill makes uninsured motorist insurers subject to tort
         damages for pain, suffering, disability or physical impairment, disfigurement, mental anguish,
         inconvenience, and the loss of capacity for the enjoyment of life experienced in the past and to be
         experienced in the future.

         Appropriation

         The bill appropriates $83,651 from the Insurance Regulatory Trust Fund to OIR to implement changes
         made by the bill.

    B. SECTION DIRECTORY:
         Section 1:  Repeals ss. 627.730, 627.731, 627.7311, 627.732, 627.733, 627.734, 627.736, 627.737,
                     627.739, 627.7401, 627.7403, and 627.7405, F.S., relating to Florida Motor Vehicle No-
                     Fault Law.
         Section 2: Repeals s. 627.7407, F.S., relating to application of the Florida Motor Vehicle No-Fault
                     Law.
         Section 3: Amends s. 316.646, F.S., relating to security required; proof of security and display
                     thereof.
         Section 4: Amends s. 318.18, F.S., relating to amount of penalties.
         Section 5: Amends s. 320.02, F.S., relating to registration required; application for registration; forms.
         Section 6: Amends s. 320.0609, F.S., relating to transfer and exchange of registration license plates;
                     transfer fee.
         Section 7: Amends s. 320.27, F.S., relating to motor vehicle dealers.
         Section 8: Amends s. 320.771, F.S., relating to license required of recreational vehicle dealers.
         Section 9: Amends s. 322.251, F.S., relating to notice of cancellation, suspension, revocation, or
                     disqualification of license.
         Section 10: Amends s. 322.34, F.S., relating to driving while license suspended, revoked, canceled, or
                     disqualified.
         Section 11: Amends s. 324.011, F.S., relating to purpose of chapter.
         Section 12: Amends s. 324.021, F.S., relating to definitions; minimum insurance required.
         Section 13: Amends s. 324.022, F.S., relating to financial responsibility for property damage.
         Section 14: Amends s. 324.0221, F.S., relating to reports by insurers to the department; suspension of
                     driver license and vehicle registrations; reinstatement.
         Section 15: Creates s. 324.0222, F.S., relating to application of suspensions for failure to maintain
                     security; reinstatement.

29 "Temporary substitute vehicle" means any motor vehicle as defined in s. 320.01 (1) which is not owned by the named insured and

which is temporarily used with the permission of the owner as a substitute for the owned motor vehicle designated on the policy when
the owned vehicle is withdrawn from normal use because of breakdown, repair, servicing, loss, or destruction.
30 An uninsured motorist coverage insurer is liable for tort damages for pain, suffering, mental anguish, and inconvenience if the

damages exceed the "verbal threshold" provided ins. 627.737(2)(a)-(d), F.S. The verbal threshold allows a plaintiff to recover such
damages if the injury or disease consists in whole or in part of:
     •    Significant and permanent loss of an important bodily function.
     •    Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
     •    Significant and permanent scarring or disfigurement.
     •    Death.
STORAGE NAME: h0771d.C0M.D0CX                                                                                                PAGE: 12
DATE: 2/25/2020
       Section 16: Amends s. 324.023, F.S., relating to financial responsibility for bodily injury or death.
       Section 17: Amends s. 324.031, F.S., relating to manner of proving financial responsibility.
       Section 18: Amends s. 324.032, F.S., relating to manner of proving financial responsibility; for-hire
                   passenger transportation vehicles.
       Section 19: Amends s. 324.051, F.S., relating to reports of crashes; suspensions of licenses and
                   registrations.
       Section 20: Amends s. 324.071, F.S., relating to reinstatement; renewal of license; reinstatement fee.
       Section 21: Amends s. 324.091, F.S., relating to notice to department; notice to insurer.
       Section 22: Amends s. 324.151, F.S., relating to motor vehicle liability policies; required provisions.
       Section 23: Amends s. 324.161, F.S., relating to proof of financial responsibility; deposit.
       Section 24: Amends s. 324.171, F.S., relating to self-insurer.
       Section 25: Amends s. 324.251, F.S., relating to short title.
       Section 26: Amends s. 400.9905, F.S., relating to definitions.
       Section 27: Amends s. 400.991, F.S., relating to license requirements; background screenings;
                   prohibitions.
       Section 28: Amends s. 400.9935, F.S., relating to clinic responsibilities.
       Section 29: Amends s. 409.901, F.S., relating to definitions.
       Section 30: Amends s. 409.910, F.S., relating to responsibility for payments on behalf of Medicaid-
                   eligible persons when other parties are liable.
       Section 31: Amends s. 456.057, F.S., relating to ownership and control of patient records; report or
                   copies of records to be furnished; disclosure of information.
       Section 32: Amends s. 456.072, F.S., grounds for discipline; penalties; enforcement.
       Section 33: Amends s. 626.9541, F.S., relating to unfair methods of competition and unfair or
                   deceptive acts or practices defined.
       Section 34: Amends s. 626.989, F.S., relating to investigation by department or Division of
                   Investigative and Forensic Services; compliance; immunity; confidential information;
                   reports to division; division investigator's power of arrest.
       Section 35: Amends s. 627.06501, F.S., relating to insurance discounts for certain persons completing
                   driver improvement course.
       Section 36: Amends s. 627.0651, F.S., relating to making and use of rates for motor vehicle insurance.
       Section 37: Amends s. 627.0652, F.S., relating to insurance discounts for certain persons completing
                   safety course.
       Section 38: Amends s. 627.0653, F.S., relating to insurance discounts for specified motor vehicle
                   equipment.
       Section 39: Amends s. 627.4132, F.S., relating to stacking of coverages prohibited.
       Section 40: Amends s. 627.7263, F.S., relating to rental and leasing driver's insurance to be primary;
                   exception.
       Section 41: Creates s. 627.7265, F.S., relating to motor vehicle insurance; medical payments
                   coverage.
       Section 42: Amends s. 627.727, F.S., relating to motor vehicle insurance; uninsured and underinsured
                   vehicle coverage; insolvent insurer protection.
       Section 43: Amends s. 627.7275, F.S., relating to motor vehicle liability.
       Section 44: Creates s. 627.7278, F.S., relating to applicability and construction; notice to
                   policyholders.
       Section 45: Amends s. 627.728, F.S., relating to cancellations; nonrenewals.
       Section 46: Amends s. 627.7295, F.S., relating to motor vehicle insurance contracts.
       Section 47: Amends s. 627.7415, F.S., relating to commercial motor vehicles; additional liability
                   insurance coverage.
       Section 48: Creates s. 627.747, F.S., relating to named driver exclusion.
       Section 49: Effective upon becoming law, amends s. 627.748, F.S., relating to transportation network
                   companies.
       Section 50: Amends s. 627.749, F.S., relating to autonomous vehicles; insurance requirements.
       Section 51: Amends s. 627.8405, F.S., relating to prohibited acts; financing companies.
       Section 52: Amends s. 627.915, F.S., relating to insurer experience reporting.
       Section 53: Amends s. 628.909, F.S., relating to applicability of other laws.
       Section 54: Amends s. 705.184, F.S., relating to derelict or abandoned motor vehicles on the premises
                   of public-use airports.
STORAGE NAME: h0771d.C0M.D0CX                                                                         PAGE: 13
DATE: 2/25/2020
           Section 55: Amends s. 713.78, F.S., relating to liens for recovering, towing, or storing vehicles and
                       vessels.
           Section 56: Amends s. 817.234, F.S., relating to false and fraudulent insurance claims.
           Section 57: Makes an appropriation.
           Section 58: Provides an effective date of January 1, 2021, except as otherwise expressly provided by
                       the bill.

                                II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

       A. FISCAL IMPACT ON STATE GOVERNMENT:

           1. Revenues:
                Indeterminate. Premium tax revenues may be affected to the extent that lost revenues associated
                with PIP premiums are offset by changes in revenues associated with expected increases in Bl
                premiums.

           2. Expenditures:
                Indeterminate. Hospitals may experience increased costs to the extent that medical
                reimbursements previously funded through PIP are shifted to secondary coverages or are lost
                through lack of secondary coverage. OIR is required to approve new forms and rates related to
                medical payments coverage and will receive filings to implement the coverage changes made by
                the bill. The bill appropriates $83,651 to OIR for this purpose.

                There will be impacts related to Florida Driver License Information System and MyDMV Portal and
                Mainframe within the Department of Highway Safety and Motor vehicles. There will be programming
                needed to modify the Financial Responsibility process to replace Personal Injury Protection with
                Bodily Injury, as specified in the bill. 31 However, these modifications can be completed utilizing
                existing department resources. 32

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

           1. Revenues:
                None.

           2. Expenditures:
                Indeterminate. Local governments are likely to achieve savings on motor vehicle insurance,
                depending upon the amount of coverage secured. Local governments operating hospitals may
                experience increased costs to the extent that medical reimbursements previously funded through
                PIP are shifted to secondary coverages or are lost through lack of secondary coverage.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
            Indeterminate. Motor vehicle insurers are required to file new forms and rates and adjust their practices
            consistent with the changes made by the bill. Individuals and businesses must secure coverage that
            complies with these changes, as well.

            In a September 2016 report from OIR, Pinnacle Actuarial Resources estimated the premium impacts of
            PIP repeal on consumers that carry a complete set of automobile insurance coverages. 33 Pinnacle also
            provided estimates that considered the outcome if the Bl limit increased by law to 25/50. They
            estimated that consumers might save 8.1 percent in liabilities only34 premiums and 5.6 percent in


31
     Highway Safety and Motor Vehicles, Agency Analysis of 2020 SB 378, p. 6 (Oct. 30, 2019).
32 Email from Susan Carey, Chief Financial Officer, Florida Department of Highway Safety and Motor Vehicles, RE: HB 771 Motor

Vehicle Insurance Fiscal (Feb. 6, 2020).
33 Supra note 16 at app. 3, p. 1 (p. 272).
34
     "Liabilities, only" includes Bodily Injury, Personal Injury Protection, Uninsured Motorist, and Property Damage coverages.
STORAGE NAME: h0771d.COM.DOCX                                                                                                     PAGE: 14
DATE: 2/25/2020
       overall motor vehicle premiums or $68.12 per car annually. Pinnacle also projected some negative
       impact on health care providers and health care insurance premiums due to the elimination of PIP.

   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, but any rules that reference personal
       injury protection or restate bodily injury coverage requirements that are changed by the bill may require
       revision.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                        IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0771d.COM.DOCX                                                                           PAGE: 15
DATE: 2/25/2020
FLORIDA                       H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



        HB 771                                                                        2020




 1                                         A bill to be entitled
 2               An act relating to motor vehicle insurance; repealing
 3               ss. 627. 730, 627. 731, 627. 7311, 627. 732, 627. 733,
 4               627. 734, 627. 736, 627. 737, 627. 739, 627. 7401,
 5               627.7403, and 627.7405, F.S., which comprise the
 6               Florida Motor Vehicle No-Fault Law; repealing s.
 7               627.7407, F.S., relating to application of the Florida
 8               Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
 9               revising a requirement for proof of security on a
10               motor vehicle and the applicability of the
11               requirement; amending s. 318.18, F.S.; conforming a
12               provision to changes made by the act; amending s.
13               320.02, F.S.; revising the motor vehicle insurance
14               coverages that an applicant must show to register
15               certain vehicles with the Department of Highway Safety
16               and Motor Vehicles; conforming a provision to changes
17               made by the act; revising construction; amending s.
18               320.0609, F.S.; conforming a provision to changes made
19               by the act; amending s. 320.27, F.S.; defining the
20               term "garage liability insurance"; revising garage
21               liability insurance requirements for motor vehicle
22               dealer applicants; conforming a provision to changes
23               made by the act; amending s. 320.771, F.S.; revising
24               garage liability insurance requirements for
25               recreational vehicle dealer license applicants;

                                                     Page 1 of 117

     CODING: Words strisken are deletions; words underlined are additions.
                                                                                     hb0771-00
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 771                                                                       2020




26                amending ss. 322.251 and 322.34, F.S.; conforming
27                provisions to changes made by the act; amending s.
28                324.011, F.S.; revising legislative intent; amending
29                s. 324.021, F.S.; revising definitions of the terms
30                "motor vehicle" and "proof of financial
31                responsibility"; revising minimum coverage
32                requirements for proof of financial responsibility for
33                specified motor vehicles; defining the term "for-hire
34                passenger transportation vehicle"; conforming
35                provisions to changes made by the act; amending s.
36                324.022, F.S.; revising minimum liability coverage
37                requirements for motor vehicle owners or operators;
38                revising authorized methods for meeting such
39                requirements; deleting a provision relating to an
40                insurer's duty to defend certain claims; revising the
41                vehicles that are excluded from the definition of the
42                term "motor vehicle"; providing security requirements
43                for certain excluded vehicles; conforming provisions
44                to changes made by the act; conforming cross-
45                references; amending s. 324.0221, F.S.; revising
46                coverages that subject a policy to certain insurer
47                reporting and notice requirements; conforming
48                provisions to changes made by the act; creating s.
49                324.0222, F.S.; providing that driver license or
50                registration suspensions for failure to maintain

                                                     Page 2 of 117

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb0771-00
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 771                                                                       2020




51                required security which were in effect before a
52                specified date remain in full force and effect;
53                providing that such suspended licenses or
54                registrations may be reinstated as provided in a
55                specified section; amending s. 324.023, F.S.;
56                conforming cross-references; amending s. 324.031,
57                F.S.; specifying a method of proving financial
58                responsibility; revising the amount of a certificate
59                of deposit required to elect a certain method of proof
60                of financial responsibility; revising excess liability
61                coverage requirements for a person electing to use
62                such method; amending s. 324.032, F.S.; revising
63                financial responsibility requirements for owners or
64                lessees of for-hire passenger transportation vehicles;
65                amending ss. 324.051, 324.071, and 324.091, F.S.;
66                making technical changes; amending s. 324.151, F.S.;
67                revising requirements for motor vehicle liability
68                insurance policies relating to coverage, and exclusion
69                from coverage, for certain drivers and vehicles;
70                defining terms; conforming provisions to changes made
71                by the act; making technical changes; amending s.
72                324.161, F.S.; revising requirements for a certificate
73                of deposit that is required if a person elects a
74                certain method of proving financial responsibility;
75                amending s. 324.171, F.S.; revising the minimum net

                                                     Page 3 of 117

     CODING: Words striekeA are deletions; words underlined are additions.
                                                                                     hb0771-00
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 771                                                                       2020




 76                worth requirements to qualify certain persons as self-
 77                insurers; conforming provisions to changes made by the
 78                act; amending s. 324.251, F.S.; revising the short
 79                title and an effective date; amending s. 400.9905,
 80                F.S.; revising the definition of the term "clinic";
 81                amending ss. 400.991 and 400.9935, F.S.; conforming
 82                provisions to changes made by the act; amending s.
 83                409.901, F.S.; revising the definition of the term
 84                "third-party benefit"; amending s. 409.910, F.S.;
 85                revising the definition of the term "medical
 86                coverage"; amending s. 456.057, F.S.; conforming a
 87                cross-reference; amending s. 456.072, F.S.; revising
 88                specified grounds for discipline for certain health
 89                professions; amending s. 626.9541, F.S.; conforming a
 90                provision to changes made by the act; revising the
 91                type of insurance coverage applicable to a certain
 92                prohibited act; amending s. 626.989, F.S.; revising
 93                the definition of the term "fraudulent insurance act";
 94                amending s. 627.06501, F.S.; revising coverages that
 95                may provide for a reduction in motor vehicle insurance
 96                policy premium charges under certain circumstances;
 97                amending s. 627.0651, F.S.; specifying requirements
 98                for initial rate filings for motor vehicle liability
 99                policies submitted to the Office of Insurance
100                Regulation beginning on a specified date; amending s.

                                                      Page 4 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0771-00
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                               2020



101                627.0652, F.S.; revising coverages that must provide a
102                premium charge reduction under certain circumstances;
103                amending s. 627.0653, F.S.; revising coverages subject
104                to premium discounts for specified motor vehicle
105                equipment; amending s. 627.4132, F.S.; revising the
106                coverages of a motor vehicle policy which are subject
107                to a stacking prohibition; amending s. 627.7263, F.S.;
108                revising coverages that are deemed primary, except
109                under certain circumstances, for the lessor of a motor
110                vehicle for lease or rent; revising a notice that is
111                required if the lessee's coverage is to be primary;
112                creating s. 627.7265, F.S.; specifying persons whom
113                medical payments coverage must protect; specifying the
114                minimum medical expense and death benefit limits;
115                specifying coverage options an insurer must and may
116                offer; providing that motor vehicle liability
117                insurance policies are deemed to have medical payments
118                coverage at a certain limit and with no deductible
119                unless rejected or modified by the policyholder by
120                certain means; specifying requirements for certain
121                forms approved by the office; requiring insurers to
122                provide policyholders with a certain annual notice;
123                providing construction relating to limits on certain
124                other coverages; requiring insurers, upon receiving
125                certain notice of an accident, to hold a specified

                                                      Page 5 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                              hb0771-00
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 771                                                                       2020




126                reserve for certain purposes for a certain timeframe;
127                providing that the reserve requirement does not
128                require insurers to establish a claim reserve for
129                accounting purposes; specifying that an insurer
130                providing medical payments coverage benefits may not
131                have a lien on a certain recovery and may not have a
132                certain cause of action; authorizing insurers to
133                include policy provisions allowing for subrogation,
134                under certain circumstances, for medical payments
135                benefits paid; providing construction; specifying a
136                requirement for an insured for repayment of medical
137                payments benefits under certain circumstances;
138                prohibiting insurers from including policy provisions
139                allowing for subrogation for death benefits paid;
140                amending s. 627.727, F.S.; revising the legal
141                liability of an uninsured motorist coverage insurer;
142                conforming provisions to changes made by the act;
143                amending s. 627.7275, F.S.; revising required
144                coverages for a motor vehicle insurance policy;
145                conforming provisions to changes made by the act;
146                creating s. 627.7278, F.S.; defining the term "minimum
147                security requirements"; providing a prohibition,
148                requirements, applicability, and construction relating
149                to motor vehicle insurance policies as of a certain
150                date; requiring insurers to allow certain insureds to

                                                      Page 6 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0771-00
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 771                                                                       2020



151                make certain coverage changes, subject to certain
152                conditions; requiring an insurer to provide, by a
153                specified date, a specified notice to policyholders
154                relating to requirements under the act; amending s.
155                627.728, F.S.; conforming a provision to changes made
156                by the act; amending s. 627.7295, F.S.; revising the
157                definitions of the terms "policy" and "binder";
158                revising the coverages of a motor vehicle insurance
159                policy for which a licensed general lines agent may
160                charge a specified fee; conforming a provision to
161                changes made by the act; amending s. 627.7415, F.S.;
162                revising additional liability insurance requirements
163                for commercial motor vehicles; creating s. 627.747,
164                F.S.; providing that private passenger motor vehicle
165                policies may exclude certain identified individuals
166                from specified coverages under certain circumstances;
167                providing that such policies may not exclude coverage
168                under certain circumstances; amending s. 627.748,
169                F.S.; revising insurance requirements for
170                transportation network company drivers; conforming
171                provisions to changes made by the act; amending s.
172                627.749, F.S.; conforming a provision to changes made
173                by the act; amending s. 627.8405, F.S.; revising
174                coverages in a policy sold in combination with an
175                accidental death and dismemberment policy which a

                                                      Page 7 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 771                                                                                         2020



176               premium finance company may not finance; revising
177               rulemaking authority of the Financial Services
178               Commission; amending ss. 627.915,                     628.909, 705.184,
179               and 713.78, F.S.; conforming provisions to changes
180               made by the act; amending s. 817.234, F.S.; revising
181               coverages that are the basis of specified prohibited
182               false and fraudulent insurance claims; conforming
183               provisions to changes made by the act; providing an
184               appropriation; providing effective dates.
185
186      Be It Enacted by the Legislature of the State of Florida:
187
188               Section 1.        Sections 627.730,            627.731,      627.7311,     627.732,
189      627. 733,      627. 734,      627. 736,    627. 737,      627. 739,    627. 7401,    627. 7403,
190      and 627.7405, Florida Statutes, are repealed.
191               Section 2.        Section 627.7407, Florida Statutes, is
192      repealed.
193               Section 3.        Subsection (1) of section 316.646, Florida
194      Statutes, is amended to read:
195               316.646       Security required; proof of security and display
196      thereof.-
197               (1)    Any person required bys. 324.022 to maintain
198      liability security for property damageL liability security,
199      required bys. 324.023 to ffiaintain liability security for bodily
200      injuryL or death, or required bys. 627.733 to ffiaintain personal

                                                      Page 8 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                                     hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020




201      injury protection security on a motor vehicle shall have in his
202      or her immediate possession at all times while operating such
203      motor vehicle proper proof of maintenance of the required
204      security required under s. 324.021(7).
205               (a)     Such proof must shall be in a uniform paper or
206      electronic format, as prescribed by the department, a valid
207      insurance policy, an insurance policy binder, a certificate of
208      insurance, or such other proof as may be prescribed by the
209      department.
210               (b)l.     The act of presenting to a law enforcement officer
211      an electronic device displaying proof of insurance in an
212      electronic format does not constitute consent for the officer to
213      access any information on the device other than the displayed
214      proof of insurance.
215               2.    The person who presents the device to the officer
216      assumes the liability for any resulting damage to the device.
217               Section 4.        Paragraph (b) of subsection (2) of section
218      318.18, Florida Statutes, is amended to read:
219               318.18      Amount of penalties.-The penalties required for a
220      noncriminal disposition pursuant to s. 318.14 or a criminal
221      offense listed ins. 318.17 are as follows:
222               (2)     Thirty dollars for all nonmoving traffic violations
223      and:
224               (b)     For all violations of ss. 320.0605, 320.07(1),
225      322.065, and 322.15(1). A Any person who is cited for a

                                                      Page 9 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 771                                                                2020



226      violation of s. 320.07(1) shall be charged a delinquent fee
227      pursuant to s. 320.07(4).
228               1.    If a person who is cited for a violation of s. 320.0605
229      ors. 320.07 can show proof of having a valid registration at
230      the time of arrest, the clerk of the court may dismiss the case
231      and may assess a dismissal fee of up to $10, from which the
232      clerk shall remit $2.50 to the Department of Revenue for deposit
233      into the General Revenue Fund. A person who finds it impossible
234      or impractical to obtain a valid registration certificate must
235      submit an affidavit detailing the reasons for the impossibility
236      or impracticality. The reasons may include, but are not limited
237      to, the fact that the vehicle was sold, stolen, or destroyed;
238      that the state in which the vehicle is registered does not issue
239      a certificate of registration; or that the vehicle is owned by
240      another person.
241               2.    If a person who is cited for a violation of s. 322.03,
242      s. 322.065, ors. 322.15 can show a driver license issued to him
243      or her and valid at the time of arrest, the clerk of the court
244      may dismiss the case and may assess a dismissal fee of up to
245      $10, from which the clerk shall remit $2.50 to the Department of
246      Revenue for deposit into the General Revenue Fund.
247               3.    If a person who is cited for a violation of s. 316.646
248      can show proof of security as required bys. 324.021(7) s-.
249      627.733, issued to the person and valid at the time of arrest,
250      the clerk of the court may dismiss the case and may assess a

                                                      Page 10 of 117

      CODING: Words striekeR are deletions; words underlined are additions.
                                                                              hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020



251      dismissal fee of up to $10, from which the clerk shall remit
252      $2.50 to the Department of Revenue for deposit into the General
253      Revenue Fund. A person who finds it impossible or impractical to
254      obtain proof of security must submit an affidavit detailing the
255      reasons for the impracticality. The reasons may include, but are
256      not limited to, the fact that the vehicle has since been sold,
257      stolen, or destroyed: that the owner or registrant of the
258      vehicle is not required bys. 627.733 to ffiaintain personal
259      injury protection insurance: or that the vehicle is owned by
260      another person.
261               Section 5.        Paragraphs (a) and (d) of subsection (5) of
262      section 320.02, Florida Statutes, are amended to read:
263               320.02      Registration required; application for
264      registration; forms.-
265               ( 5) (a)    Proof that bodily injury liability coverage and
266      property damage liability coverage personal injury protection
267      benefits have been purchased if required under s. 324.022, s.
268      324.032, ors. 627.742 s. 627.733, that property daffiage
269      liability coverage has been purchased as required under s.
270      324.022, that bodily injury liability or death coverage has been
271      purchased if required under s. 324.023, and that combined bodily
272      liability insurance and property damage liability insurance have
273      been purchased if required under s. 627.7415 must shall be
274      provided in the manner prescribed by law by the applicant at the
275      time of application for registration of any motor vehicle that

                                                      Page 11 of 117

      CODING: Words strieken are deletions; words underlined are additions.
                                                                                      hb0771-00
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 771                                                                             2020



276       is subject to such requirements. The issuing agent may not shall
277       refuse to issue registration if such proof of purchase is not
278       provided. Insurers shall furnish uniform proof-of-purchase cards
279       in a paper or electronic format in a form prescribed by the
280       department and include the name of the insured's insurance
281       company, the coverage identification number, and the make, year,
282       and vehicle identification number of the vehicle insured. The
283       card must contain a statement notifying the applicant of the
284       penalty specified under s. 316.646(4). The card or insurance
285       policy, insurance policy binder, or certificate of insurance or
286       a photocopy of any of these; an affidavit containing the name of
287       the insured's insurance company, the insured's policy number,
288       and the make and year of the vehicle insured; or such other
289       proof as may be prescribed by the department constitutes shall
290       constitute sufficient proof of purchase. If an affidavit is
291       provided as proof, it must be in substantially the following
292       form:
293
294       Under penalty of perjury, I                 ... (Name of insured) ... do hereby
295       certify that I have ... (bodily injury liability and Personal
296       Injury Protection, property damage liability, and, if required,
297       Bodily Injury Liability) ... insurance currently in effect with
298       ... (Name of insurance company) ... under ... (policy number) ...
299       covering           (make, year, and vehicle identification number of
300       vehicle) ....       ... (Signature of Insured) ...

                                                      Page 12 of 117

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                            hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020




301
302      Such affidavit must include the following warning:
303
304      WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
305      REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
306      LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
307      SUBJECT TO PROSECUTION.
308
309      If an application is made through a licensed motor vehicle
310      dealer as required under s. 319.23, the original or a photocopy
311      photostatic copy of such card, insurance policy, insurance
312      policy binder, or certificate of insurance or the original
313      affidavit from the insured must shall be forwarded by the dealer
314      to the tax collector of the county or the Department of Highway
315      Safety and Motor Vehicles for processing. By executing the
316      aforesaid affidavit,~ H-e licensed motor vehicle dealer is not
317      will be liable in damages for any inadequacy, insufficiency, or
318      falsification of any statement contained therein. A card must
319      also indicate the existence of any bodily injury liability
320      insurance voluntarily purchased.
321               (d)    The verifying of proof of personal injury protection
322      insurance, proof of property damage liability insurance, proof
323      of combined bodily liability insurance and property damage
324      liability insurance, or proof of financial responsibility
325      insurance and the issuance or failure to issue the motor vehicle

                                                      Page 13 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0771-00
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 771                                                                       2020



326       registration under the provisions of this chapter may not be
327       construed in any court as a warranty of the reliability or
328       accuracy of the evidence of such proof, or as meaning that the
329       provisions of any insurance policy furnished as proof of
330       financial responsibility comply with state law. Neither the
331       department nor any tax collector is liable in damages for any
332       inadequacy, insufficiency, falsification, or unauthorized
333       modification of any item of the proof of personal injury
334       protection insurance, proof of property damage liability
335       insurance, proof of combined bodily liability insurance and
336       property damage liability insurance, or proof of financial
337       responsibility before insurance prior to, during, or subsequent
338       to the verification of the proof. The issuance of a motor
339       vehicle registration does not constitute prima facie evidence or
340       a presumption of insurance coverage.
341                  Section 6.       Paragraph (b) of subsection (1) of section
342       320.0609, Florida Statutes, is amended to read:
343                  320.0609       Transfer and exchange of registration license
344       plates; transfer fee.-
345                  ( 1)

346                  (b}    The transfer of a license plate from a vehicle
347       disposed of to a newly acquired vehicle does not constitute a
348       new registration. The application for transfer must shall be
349       accepted without requiring proof of personal injury protection
350       e-r-   liability insurance.

                                                      Page 14 of 117

      CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020



351               Section 7.        Paragraph (g) is added to subsection (1) of
352      section 320.27, Florida Statutes, and subsection (3) of that
353      section is amended, to read:
354               320.27      Motor vehicle dealers.-
355               (1)    DEFINITIONS.-The following words, terms, and phrases
356      when used in this section have the meanings respectively
357      ascribed to them in this subsection, except where the context
358      clearly indicates a different meaning:
359               (g)    "Garage liability insurance" means, beginning January
360      1, 2021, combined single-limit liability coverage, including
361      property damage and bodily injury liability coverage, in the
362      amount of at least $60,000.
363               (3)    APPLICATION AND FEE.-The application for the license
364      application must shall be in such form as may be prescribed by
365      the department and is shall be subject to such rules -w-i-'E-h,
366      respect thereto as may be so prescribed by the department -i-t-.
367      Such application must shall be verified by oath or affirmation
368      and must shall contain a full statement of the name and birth
369      date of the person or persons applying for the license therefor;
370      the name of the firm or copartnership, with the names and places
371      of residence of all members thereof, if such applicant is a firm
372      or copartnership; the names and places of residence of the
373      principal officers, if the applicant is a body corporate or
374      other artificial body; the name of the state under whose laws
375      the corporation is organized; the present and former place or

                                                      Page 15 of 117

      CODING: Words striekeA are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020



376      places of residence of the applicant; and the prior business in
377      which the applicant has been engaged and its 'E"fte location
378      thereof. The -&treft application must shall describe the exact
379      location of the place of business and must shall state whether
380      the place of business is owned by the applicant and when
381      acquired, or, if leased, a true copy of the lease must shall be
382      attached to the application. The applicant shall certify that
383      the location provides an adequately equipped office and is not a
384      residence; that the location affords sufficient unoccupied space
385      upon and within which adequately to store all motor vehicles
386      offered and displayed for sale; and that the location is a
387      suitable place where the applicant can in good faith carry on
388      such business and keep and maintain books, records, and files
389      necessary to conduct such business, which must shall be
390      available at all reasonable hours to inspection by the
391      department or any of its inspectors or other employees. The
392      applicant shall certify that the business of a motor vehicle
393      dealer is the principal business that will which shall be
394      conducted at that location. The application must shall contain a
395      statement that the applicant is either franchised by a
396      manufacturer of motor vehicles, in which case the name of each
397      motor vehicle that the applicant is franchised to sell must
398      shall be included, or an independent (nonfranchised) motor
399      vehicle dealer. The application must shall contain other
400      relevant information as may be required by the department. The

                                                      Page 16 of 117

      CODING: Words stFieken are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020




401      applicant shall furnish, including evidence, in a form approved
402      by the department, that the applicant is insured under a garage
403      liability insurance policy or a general liability insurance
404      policy coupled with a business automobile policy having the
405      coverages and limits of the garage liability insurance coverage
406      in accordance with paragraph (1) (g), which shall include, at a
407      minimum, $25,000 combined single limit liability coverage
408      including bodily injury and property damage protection and
409      $10,000 personal injury protection. However, a salvage motor
410      vehicle dealer as defined in subparagraph (1) (c)5. is exempt
411      from the requirements for garage liability insurance afTEl
412      personal injury protection insurance on those vehicles that
413      cannot be legally operated on roads, highways, or streets in
414      this state. Franchise dealers must submit a garage liability
415      insurance policy, and all other dealers must submit a garage
416      liability insurance policy or a general liability insurance
417      policy coupled with a business automobile policy. Such policy
418      must shall be for the license period, and evidence of a new or
419      continued policy must shall be delivered to the department at
420      the beginning of each license period. Upon making an initial
421      application, the applicant shall pay to the department a fee of
422      $300 in addition to any other fees required by law. Applicants
423      may choose to extend the licensure period for 1 additional year
424      for a total of 2 years. An initial applicant shall pay to the
425      department a fee of $300 for the first year and $75 for the

                                                      Page 17 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0771-00
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                  2020




426       second year, in addition to any other fees required by law. An
427       applicant for renewal shall pay to the department $75 for a 1-
428       year renewal or $150 for a 2-year renewal, in addition to any
429       other fees required by law. Upon making an application for a
430       change of location, the applicant person shall pay a fee of $50
431       in addition to any other fees now required by law. The
432       department shall, in the case of every application for initial
433       licensure, verify whether certain facts set forth in the
434       application are true. Each applicant, general partner in the
435       case of a partnership, or corporate officer and director in the
436       case of a corporate applicant shall, ffiust file a set of
437       fingerprints with the department for the purpose of determining
438       any prior criminal record or any outstanding warrants. The
439       department shall submit the fingerprints to the Department of
440       Law Enforcement for state processing and forwarding to the
441       Federal Bureau of Investigation for federal processing. The
442       actual cost of state and federal processing must shall be borne
443       by the applicant and is in addition to the fee for licensure.
444       The department may issue a license to an applicant pending the
445       results of the fingerprint investigation, which license is fully
446       revocable if the department subsequently determines that any
447       facts set forth in the application are not true or correctly
448       represented.
449                Section 8.       Paragraph (j) of subsection (3) of section
450       320.771, Florida Statutes, is amended to read:

                                                      Page 18 of 117

      CODING: Words striekeA are deletions; words underlined are additions.
                                                                                 hb0771-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 771                                                                    2020



451               320.771       License required of recreational vehicle dealers.-
452               (3)    APPLICATION.-The application for such license shall be
453      in the form prescribed by the department and subject to such
454      rules as may be prescribed by it. The application shall be
455      verified by oath or affirmation and shall contain:
456               (j)    A statement that the applicant is insured under a
457      garage liability insurance policy in accordance withs.
458      320. 27 ( 1) (g), which shall include, at a minimum, $25,000
459      combined single limit liability coverage, including bodily
460      injury and property damage protection, and $10,000 personal
461      injury protection, if the applicant is to be licensed as a
462      dealer in, or intends to sell, recreational vehicles.
463
464      The department shall, if it deems necessary, cause an
465      investigation to be made to ascertain if the facts set forth in
466      the application are true and shall not issue a license to the
467      applicant until it is satisfied that the facts set forth in the
468      application are true.
469               Section 9.        Subsections (1) and (2) of section 322.251,
470      Florida Statutes, are amended to read:
471               322.251       Notice of cancellation, suspension, revocation, or
472      disqualification of license.-
473               (1)    All orders of cancellation, suspension, revocation, or
474      disqualification issued under the provisions of this chapter,
475      chapter 318, or chapter 324 must, or so. 627.732 627.734 shall

                                                      Page 19 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                  hb0771-00
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 771                                                                       2020



476       be given either by personal delivery thereof to the licensee
477       whose license is being canceled, suspended, revoked, or
478       disqualified or by deposit in the United States mail in an
479       envelope, first class, postage prepaid, addressed to the
480       licensee at his or her last known mailing address furnished to
481       the department. Such mailing by the department constitutes
482       notification, and any failure by the person to receive the
483       mailed order will not affect or stay the effective date or term
484       of the cancellation, suspension, revocation, or disqualification
485       of the licensee's driving privilege.
486                (2)   The giving of notice and an order of cancellation,
487       suspension, revocation, or disqualification by mail is complete
488       upon expiration of 20 days after deposit in the United States
489       mail for all notices except those issued under chapter 324 er
490       so. 627.732 627.734, which are complete 15 days after deposit in
491       the United States mail. Proof of the giving of notice and an
492       order of cancellation, suspension, revocation, or
493       disqualification in either manner must shall be made by entry in
494       the records of the department that such notice was given. The
495       entry is admissible in the courts of this state and constitutes
496       sufficient proof that such notice was given.
497                Section 10.         Paragraph (a) of subsection (8) of section
498       322.34, Florida Statutes, is amended to read:
499                322.34     Driving while license suspended, revoked, canceled,
500       or disqualified.-

                                                      Page 20 of 117

      CODING: Words striekeR are deletions; words underlined are additions.
                                                                                      hb0771-00
F     L   O   R         D A    H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                   2020



501                (8) (a)    Upon the arrest of a person for the offense of
502       driving while the person's driver license or driving privilege
503       is suspended or revoked, the arresting officer shall determine:
504                1.    Whether the person's driver license is suspended or
505       revoked, or the person is under suspension or revocation
506       equivalent status.
507                2.    Whether the person's driver license has remained
508       suspended or revoked, or the person has been under suspension or
509       revocation equivalent status, since a conviction for the offense
510       of driving with a suspended or revoked license.
511                3.    Whether the suspension, revocation, or suspension or
512       revocation equivalent status was made under s. 316.646 ors.
513       627.733, relating to failure to maintain required security, or
514       under s. 322.264, relating to habitual traffic offenders.
515                4.    Whether the driver is the registered owner or co-owner
516       of the vehicle.
517                Section 11.         Section 324.011, Florida Statutes, is amended
518       to read:
519                324.011      Legislative intent and purpose of chapter.-It is
520       the Legislature's intent of this chapter to ensure that the
521       privilege of owning or operating a motor vehicle in this state
522       is exercised recognize the enisting privilege to own or operate
523       a fflotor vehicle on the public streets and highways of this state
524       when ouch vehicles are used with due consideration for others'
525       safety others and their property, afi€i to promote safetyL and to

                                                      Page 21 of 117

      CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                  hb0771-00
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 771                                                                       2020




52 6       provide financial security requirements for -stteft owners and er
527        operators whose responsibility it is to recompense others for
528        injury to person or property caused by the operation of a motor
529        vehicle. Therefore, this chapter requires that every owner or
530        operator of a motor vehicle required to be registered in this
531        state establish, maintain, and it is required herein that the
532        operator of a motor vehicle involved in a crash or convicted of
533        certain traffic offenses meeting the operative provisions of s.
534        324.051(2) shall respond for such damages and show proof of
535        financial ability to respond for damages arising out of the
536        ownership, maintenance, or use of a motor vehicle in future
537        accidents as a requisite to owning or operating a motor vehicle
538        in this state his or her future enercise of such privileges.
539                 Section 12.         Subsections (1) and (7) and paragraph (c) of
540        subsection (9) of section 324.021, Florida Statutes, are
541        amended, and subsection (12) is added to that section, to read:
542                 324.021      Definitions; minimum insurance required.-The
543        following words and phrases when used in this chapter shall, for
544        the purpose of this chapter, have the meanings respectively
545        ascribed to them in this section, except in those instances
546        where the context clearly indicates a different meaning:
547                 (1)   MOTOR VEHICLE.-Every self-propelled vehicle that is
548        designed and required to be licensed for use upon a highway,
549        including trailers and semitrailers designed for use with such
550        vehicles, except traction engines, road rollers, farm tractors,

                                                       Page 22 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
FLORIDA                         H   O   U   S   E     0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020



551      power shovels, and well drillers, and every vehicle that is
552      propelled by electric power obtained from overhead wires but not
553      operated upon rails, but not including any personal delivery
554      device or mobile carrier as defined ins. 316.003, bicycle, or
555      moped. However, the term "motor vehiele" does not inelude a
556      motor vehicle as defined ins. 627.732(3) when the owner of such
557      vehicle has complied with the requirements of ss. 627.730
558      627.7405, inclusive, unless the provisions of s. 324.051 apply;
559      and, in such case, the applicable proof of insurance provisions
560      of s. 320.02 apply.
561                 (7)      PROOF OF FINANCIAL RESPONSIBILITY. That Proof of
562      ability to respond in damages for liability on account of
563      crashes arising out of the ownership, maintenance, or use of a
564      motor vehicle:
565                 (a)      Beginning January 1, 2021, with respect to a motor
566      vehicle that is not a commercial motor vehicle, nonpublic sector
567      bus, or for-hire passenger transportation vehicle, in the amount
568      of:
569                 1.    Twenty-five thousand dollars for $10,000 because of
570      bodily injury to, or the death of, one person in any one crash
571      and,-,..
572               -+et-      subject to such limits for one person, in the amount
573      of $50,000 for $20,000 because of bodily injury to, or the death
574      of, two or more persons in any one crash; and
575                 2.-tet    Ten thousand dollars for damage In the amount of

                                                      Page 23 of 117

      CODING: Words striekeA are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020



576      $10,000 because of injury to, or destruction of, property of
577      others in any one crash.; and
578               J.el-f-Ei+   With respect to commercial motor vehicles aftd-
579      nonpublic sector buses, in the amounts specified ins. 627.7415
580      so. 627.7415 and 627.742, respectively.
581               (c)     With respect to nonpublic sector buses, in the amounts
582      specified ins. 627.742.
583               (d)     With respect to for-hire passenger transportation
584      vehicles, in the amounts specified ins. 324.032.
585               (9)     OWNER; OWNER/LESSOR.-
586               (c)     Application.-
587               1.    The limits on liability in subparagraphs (b)2. and 3.
588      do not apply to an owner of motor vehicles that are used for
589      commercial activity in the owner's ordinary course of business,
590      other than a rental company that rents or leases motor vehicles.
591      For purposes of this paragraph, the term "rental company"
592      includes only an entity that is engaged in the business of
593      renting or leasing motor vehicles to the general public and that
594      rents or leases a majority of its motor vehicles to persons with
595      no direct or indirect affiliation with the rental company. The
596      term also includes a motor vehicle dealer that provides
597      temporary replacement vehicles to its customers for up to 10
598      days. The term "rental company" also includes:
599               a.    A related rental or leasing company that is a
600      subsidiary of the same parent company as that of the renting or

                                                      Page 24 of 117

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                         2020



601      leasing company that rented or leased the vehicle.
602               b.   The holder of a motor vehicle title or an equity
603      interest in a motor vehicle title if the title or equity
604      interest is held pursuant to or to facilitate an asset-backed
605      securitization of a fleet of motor vehicles used solely in the
606      business of renting or leasing motor vehicles to the general
607      public and under the dominion and control of a rental company,
608      as described in this subparagraph, in the operation of such
609      rental company's business.
610               2.   Furthermore, with respect to commercial motor vehicles
611      as defined ins. 207.002 ors. 320.01 s. 627.732, the limits on
612      liability in subparagraphs                  (b)2. and 3. do not apply if, at the
613      time of the incident, the commercial motor vehicle is being used
614      in the transportation of materials found to be hazardous for the
615      purposes of the Hazardous Materials Transportation Authorization
616      Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
617      required pursuant to such act to carry placards warning others
618      of the hazardous cargo, unless at the time of lease or rental
619      either:
620               a.   The lessee indicates in writing that the vehicle will
621      not be used to transport materials found to be hazardous for the
622      purposes of the Hazardous Materials Transportation Authorization
623      Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
624               b.   The lessee or other operator of the commercial motor
625      vehicle has in effect insurance with limits of at least $5

                                                      Page 25 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 771                                                                    2020



626      million $5,000,000 combined property damage and bodily injury
627      liability.
628               (12)      FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.-Every for-
629      hire vehicle as defined ins. 320.01(15) which is offered or
630      used to provide transportation for persons, including taxicabs,
631      limousines, and jitneys.
632               Section 13.          Section 324.022, Florida Statutes, is amended
633      to read:
634               324.022       Financial responsibility requirements for property
635      daFRage.-
636               (1) (a)     Beginning January 1, 2021, every owner or operator
637      of a motor vehicle required to be registered in this state shall
638      establish and continuously maintain the ability to respond in
639      damages for liability on account of accidents arising out of the
640      use of the motor vehicle in the amount of:
641               1.      Twenty-five thousand dollars for bodily injury to, or
642      the death of, one person in any one crash and, subject to such
643      limits for one person, in the amount of $50,000 for bodily
644      injury to, or the death of, two or more persons in any one
645      crash; and
646               2.      Ten thousand dollars for $10,000 because of damage to,
647      or destruction of, property of others in any one crash.
648               J.E.l    The requirements of paragraph (a) this section may be
649      met by one of the methods established ins. 324.031; by self-
650      insuring as authorized bys. 768.28(16); or by maintaining a

                                                      Page 26 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                  hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020




651      motor vehicle liability insurance policy that an insurance
652      policy providing coverage for property damage liability in the
653      amount of at least $10,000 because of damage to, or destruction
654      of, property of others in any one accident arising out of the
655      use of the motor vehicle. The requirements of this section may
656      also be met by having a policy which provides combined property
657      damage liability and bodily injury liability coverage for any
658      one crash arising out of the ownership, maintenance, or use of a
659      motor vehicle and that conforms to the requirements of s.
660      324.151 in the amount of at least $60,000 for every owner or
661      operator subject to the financial responsibility required in
662      paragraph (a)          $30,000 for combined property damage liability and
663      bodily injury liability for any one crash arising out of the use
664      of the motor vehicle. The policy, with respect to coverage for
665      property damage liability, must meet the applicable requirements
666      of s. 324.151, subject to the usual policy e1rclusions that have
667      been approved in policy forms by the Office of Insurance
668      Regulation. No insurer shall have any duty to defend uncovered
669      claims irrespective of their joinder with covered claims.
670               (2)    As used in this section, the term:
671               (a)    "Motor vehicle" means any self-propelled vehicle that
672      has four or more wheels and that is of a type designed and
673      required to be licensed for use on the highways of this state,
674      and any trailer or semitrailer designed for use with such
675      vehicle. The term does not include the following:

                                                      Page 27 of 117

      CODING: Words striakeR are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                         H   O   U   S   E     0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020



676               1.        A mobile home as defined ins. 320.01.
677               2.        A motor vehicle that is used in mass transit and
678      designed to transport more than five passengers, exclusive of
679      the operator of the motor vehicle, and that is owned by a
680      municipality, transit authority, or political subdivision of the
681      state.
682               3.        A school bus as defined ins. 1006.25, which must
683      maintain security as required under s. 316.615.
684               4.        A commercial motor vehicle as defined ins. 207.002 or
685      s. 320.01, which must maintain security as required under ss.
686      324.031 and 627.7415.
687               5.        A nonpublic sector bus, which must maintain security as
688      required under ss. 324.031 and 627.742.
689               6.4-.       A vehicle providing for-hire passenger transportation
690      vehicle, which must that is subject to the provisions of s.
691      32 4. 031. A ta1cicab shall maintain security as required under s.
692      324.032 s. 324.032(1).
693               7.§-:..     A personal delivery device as defined ins. 316.003.
694               (b)        "Owner" means the person who holds legal title to a
695      motor vehicle or the debtor or lessee who has the right to
696      possession of a motor vehicle that is the subject of a security
697      agreement or lease with an option to purchase.
698               (3)        Each nonresident owner or registrant of a motor
699      vehicle that, whether operated or not, has been physically
700      present within this state for more than 90 days during the

                                                      Page 28 of 117

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020



701      preceding 365 days shall maintain security as required by
702      subsection (1). The security must be that is in effect
703      continuously throughout the period the motor vehicle remains
704      within this state.
705               (4)    An !f.fie owner or registrant of a motor vehicle who is
706      enempt from the requirements of this section if she or he is a
707      member of the United States Armed Forces and is called to or on
708      active duty outside the United States in an emergency situation
709      is exempt from this section while he or she. The eJwmption
710      provided by this subsection applies only as long as the member
711      of the Armed Forces is on such active duty. This exemption
712      outside the United States and applies only while the vehicle
713      covered by the security is not operated by any person. Upon
714      receipt of a written request by the insured to whom the
715      exemption provided in this subsection applies, the insurer shall
716      cancel the coverages and return any unearned premium or suspend
717      the security required by this section. Notwithstanding~
718      324.0221(2) s. 324.0221(3), the department may not suspend the
719      registration or operator's license of an ttfiY owner or registrant
720      of a motor vehicle during the time she or he qualifies for the
721      aR-   exemption under this subsection. An Arty- owner or registrant
722      of a motor vehicle who qualifies for the aR- exemption under this
723      subsection shall immediately notify the department before prior
724      'E'e- and at the end of the expiration of the exemption.

725               Section 14.          Subsections (1) and (2) of section 324.0221,

                                                      Page 29 of 117

      CODING: Words strieken are deletions; words underlined are additions.
                                                                                      hb0771-00
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 771                                                                       2020




726       Florida Statutes, are amended to read:
727                324.0221        Reports by insurers to the department; suspension
728       of driver license and vehicle registrations; reinstatement.-
729                (1) (a)    Each insurer that has issued a policy providing
730       personal injury protection coverage or property damage liability
731       coverage shall report the cancellation or nonrenewal thereof to
732       the department within 10 days after the processing date or
733       effective date of each cancellation or nonrenewal. Upon the
734       issuance of a policy providing personal injury protection
735       coverage or property damage liability coverage to a named
736       insured not previously insured by the insurer during that
737       calendar year, the insurer shall report the issuance of the new
738       policy to the department within 10 days. The report must shall
739       be in the form and format and contain any information required
740       by the department and must be provided in a format that is
741       compatible with the data processing capabilities of the
742       department. Failure by an insurer to file proper reports with
743       the department as required by this subsection constitutes a
744       violation of the Florida Insurance Code. These records may shall
745       be used by the department only for enforcement and regulatory
746       purposes, including the generation by the department of data
747       regarding compliance by owners of motor vehicles with the
748       requirements for financial responsibility coverage.
749                (b)   With respect to an insurance policy providing personal
750       injury protection coverage or property damage liability

                                                      Page 30 of 117

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                      hb0771-00
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 771                                                                       2020



751       coverage, each insurer shall notify the named insured, or the
752       first-named insured in the case of a commercial fleet policy, in
753       writing that any cancellation or nonrenewal of the policy will
754       be reported by the insurer to the department. The notice must
755       also inform the named insured that failure to maintain bodily
756       injury liability personal injury protection coverage and
757       property damage liability coverage on a motor vehicle when
758       required by law may result in the loss of registration and
759       driving privileges in this state and inform the named insured of
760       the amount of the reinstatement fees required by this section.
761       This notice is for informational purposes only, and an insurer
762       is not civilly liable for failing to provide this notice.
763                (2)   The department shall suspend, after due notice and an
764       opportunity to be heard, the registration and driver license of
765       any owner or registrant of a motor vehicle for with respect to
766       which security is required under s. 324.022, s. 324.032, s.
767       627.7415, ors. 627.742 so. 324.022 and 627.733 upon:
768                (a)   The department's records showing that the owner or
769       registrant of such motor vehicle did not have the in full force
770       and effect when required security in full force and e f f e c t ~
771       coffiplies with the requireffients of so. 324.022 and 627.733; or
772                (b)   Notification by the insurer to the department, in a
773       form approved by the department, of cancellation or termination
774       of the required security.
775                Section 15.         Section 324.0222, Florida Statutes, is created

                                                      Page 31 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



         HB 771                                                                        2020




776      to read:
777               324.0222         Application of suspensions for failure to
778      maintain security; reinstatement.-All suspensions for failure to
779      maintain required security as required by law in effect before
780      January 1, 2021, remain in full force and effect on or after
781      January 1, 2021. A driver may reinstate a suspended driver
782      license or registration as provided under s. 324.0221.
783               Section 16.           Section 324.023, Florida Statutes, is amended
784      to read:
785               324.023       Financial responsibility for bodily injury or
786      death.-In addition to any other financial responsibility
787      required by law, every owner or operator of a motor vehicle that
788      is required to be registered in this state, or that is located
789      within this state, and who, regardless of adjudication of guilt,
790      has been found guilty of or entered a plea of guilty or nolo
791      contendere to a charge of driving under the influence under s.
792      316.193 after October 1, 2007, shall, by one of the methods
793      established ins. 324.031(1) (a) or (b) s. 324.031(1) or (2),
794      establish and maintain the ability to respond in damages for
795      liability on account of accidents arising out of the use of a
796      motor vehicle in the amount of $100,000 because of bodily injury
797      to, or death of, one person in any one crash and, subject to
798      such limits for one person, in the amount of $300,000 because of
799      bodily injury to, or death of, two or more persons in any one
800      crash and in the amount of $50,000 because of property damage in

                                                      Page 32 of 117

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                         2020




801      any one crash. If the owner or operator chooses to establish and
802      maintain such ability by furnishing a certificate of deposit
803      pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
804      deposit must be at least $350,000. Such higher limits must be
805      carried for a minimum period of 3 years. If the owner or
806      operator has not been convicted of driving under the influence
807      or a felony traffic offense for a period of 3 years from the
808      date of reinstatement of driving privileges for a violation of
809      s. 316.193, the owner or operator is shall be exempt from this
810      section.
811               Section 17.          Section 324.031, Florida Statutes, is amended
812      to read:
813               324.031      Manner of proving financial responsibility.-
814               ill    The owner or operator of a tanicab, liFRousine,           jitney,
815      or any other for hire passengei transportation vehicle FRay prove
816      financial responsibility by providing satisfactory evidence of
817      holding a FRotor vehicle liability policy as defined ins.
818      324.021(8) ors. 324.1§1, which policy is issued by an insurance
819      carrier which is a FReFRber of the Florida Insurance Guaranty
820      Association. The operator or owner of a motor vehicle other than
821      a for-hire passenger transportation vehicle any other vehicle
822      may prove his or her financial responsibility by:
823               ~+±+        Furnishing satisfactory evidence of holding a motor
824      vehicle liability policy as defined in ss. 324.021(8) and
825      324.151 which provides liability coverage for the motor vehicle

                                                      Page 33 of 117

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



         HB 771                                                                                 2020




826      being operated;
827               J.Ql_-f-2+   Furnishing a certificate of self-insurance showing
828      a deposit of cash in accordance withs. 324.161; or
829               ~-f-3-+-     Furnishing a certificate of self-insurance issued
830      by the department in accordance withs. 324.171.
831               (2) (a)      Beginning January 1, 2021, any person, including
832      any firm, partnership, association, corporation, or other
833      person, other than a natural person, electing to use the method
834      of proof specified in paragraph (1) (b)                        subsection (2) shall
835      furnish a certificate of deposit equal to the number of vehicles
836      owned times $60,000 $30,000, to a maximum of $240,000. $120,0001
837               J.Ql_    In addition, any such person, other than a natural
838      person, shall maintain insurance providing coverage conforming
839      to the requirements of s. 324.151 in excess of the amount of the
840      certificate of deposit, with limits of at least:
841               1.      One hundred twenty-five thousand dollars for bodily
842      injury to, or the death of, one person in any one crash and,
843      subject to such limits for one person, in the amount of $250,000
844      for bodily injury to, or the death of, two or more persons in
845      any one crash, and $50,000 for damage to, or destruction of,
846      property of others in any one crash; or
847               2.      Three hundred thousand dollars for combined bodily
848      injury liability and property damage liability for any one crash
849      $10,000/20,000/10,000 or $30,000 combined single limits, and
850      such mwess insurance shall provide minimum limits of

                                                      Page 34 of 117

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                                               hb0771-00
FLORIDA                         H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                                  2020




851       $125,000/250,000/50,000 or $300,000 coffibiA.ed siA.gle limits.
852       These iA.creased limits shall A.et affect the requiremeA.ts for
853       proviA.g fiA.aA.cial respoA.sibility uA.der s. 324.032(1).
854                Section 18.          Section 324.032, Florida Statutes, is amended
855       to read:
856                324.032      HaA.A.er of proviA.g Financial responsibility for-t-
857       for-hire passenger transportation vehicles. NotwithstaA.diA.g the
858       provisioA.s of s. 324.031:
859                (1)    An owner or lessee of a for-hire passenger
860       transportation vehicle that is required to be registered in this
861       state shall establish and continuously maintain the ability to
862       respond in damages for liability on account of accidents arising
863       out of the ownership, maintenance, or use of the for-hire
864       passenger transportation vehicle, in the amount of:
865                (a)    One hundred twenty-five thousand dollars for bodily
866       injury to, or the death of, one person in any one crash and,
8 67      subject to such limits for one person, in the amount of $250,000
868       for bodily injury to, or the death of, two or more persons in
869       any one crash; and A persoA. who is either the owner or a lessee
870       required to maintaiA. iA.surance under s. 627.733(1) (b) and who
871       operates oA.e or more tauicabs, limousines,                          jitneys, or any other
872       for hire passenger transportatioA. vehicles may prove fiA.ancial
873       responsibility by furnishing satisfactory evidence of holding a
874       motor vehicle liability policy, but with minimUIB limits of
875       $125,000/250,000/50,000.

                                                       Page 35 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                                 hb0771-00
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 771                                                                       2020



876                (b)   Fifty thousand dollars for damage to, or destruction
877       of, property of others in any one crash A person who is either
878       the owner or a lessee required to maintain insurance under o.
879       324.021(9) (b) and who operates limousines, jitneys, or any other
880       for hire passenger vehicles, other than taKieabs, may prove
881       financial responsibility by furnishing satisfactory evidence of
882       holding a motor vehicle liability policy as defined ins.
883       324. 031.
884                (2)   Except as provided in subsection (3), the requirements
885       of this section must be met by the owner or lessee providing
886       satisfactory evidence of holding a motor vehicle liability
887       policy conforming to the requirements of s. 324.151 which is
888       issued by an insurance carrier that is a member of the Florida
889       Insurance Guaranty Association.
890                Jl.l~      An owner or a lessee who is required to maintain
891       insurance under s. 324.021(9) (b) and who operates at least 300
892       taKicabs, limousines, jitneys, or any other for-hire passenger
893       transportation vehicles may provide financial responsibility by
894       complying with the provisions of s. 324.171, which must -G-U€ft
895       compliance to be demonstrated by maintaining at its principal
896       place of business an audited financial statement, prepared in
897       accordance with generally accepted accounting principles, and
898       providing to the department a certification issued by a
899       certified public accountant that the applicant's net worth is at
900       least equal to the requirements of s. 324.171 as determined by

                                                      Page 36 of 117

      CODING: Words strisken are deletions; words underlined are additions.
                                                                                      hb0771-00
F     L   O   R      D A       H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                     2020



901       the Office of Insurance Regulation of the Financial Services
902       Commission, including claims liabilities in an amount certified
903       as adequate by a Fellow of the Casualty Actuarial Society.
904
905       Upon request by the department, the applicant shall ffitr5-'E- provide
906       the department at the applicant's principal place of business in
907       this state access to the applicant's underlying financial
908       information and financial statements that provide the basis of
909       the certified public accountant's certification. The applicant
910       shall reimburse the requesting department for all reasonable
911       costs incurred by it in reviewing the supporting information.
912       The maximum amount of self-insurance permissible under this
913       subsection is $300,000 and must be stated on a per-occurrence
914       basis, and the applicant shall maintain adequate excess
915       insurance issued by an authorized or eligible insurer licensed
916       or approved by the Office of Insurance Regulation. All risks
917       self-insured shall remain with the owner or lessee providing it,
918       and the risks are not transferable to any other person, unless a
919       policy complying with subsections (1) and (2) subsection (1) is
920       obtained.
921                Section 19.         Paragraph (b) of subsection (2) of section
922       324.051, Florida Statutes, is amended to read:
923                324.051      Reports of crashes; suspensions of licenses and
924       registrations.-
925                (2)


                                                      Page 37 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                    hb0771-00
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 771                                                                       2020




926                (b)    This subsection does shall not apply:
927                1.    To such operator or owner if such operator or owner had
928       in effect at the time of such crash or traffic conviction a
929       motor vehicle an automobile liability policy with respect to all
930       of the registered motor vehicles owned by such operator or
931       owner.
932                2.    To such operator, if not the owner of such motor
933       vehicle, if there was in effect at the time of such crash or
934       traffic conviction a motor vehicle an automobile liability
935       policy or bond with respect to his or her operation of motor
936       vehicles not owned by him or her.
937                3.    To such operator or owner if the liability of such
938       operator or owner for damages resulting from such crash is, in
939       the judgment of the department, covered by any other form of
940       liability insurance or bond.
941                4.    To any person who has obtained from the department a
942       certificate of self-insurance, in accordance withs. 324.171, or
943       to any person operating a motor vehicle for such self-insurer.
944
945       No such policy or bond shall be effective under this subsection
946       unless it contains limits of not less than those specified ins.
947       324.021(7).
948                Section 20.         Section 324.071, Florida Statutes, is amended
949       to read:
950                324.071      Reinstatement; renewal of license; reinstatement

                                                      Page 38 of 117

      CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                      hb0771-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 771                                                                      2020



951      fee.-An Arty- operator or owner whose license or registration has
952      been suspended pursuant to s. 324.051(2), s. 324.072, s.
953      324.081, ors. 324.121 may effect its reinstatement upon
954      compliance with the provisions of s. 324.051(2) (a)3. or 4., or
955      s. 324.081(2) and (3), as the case may be, and with one of the
956      provisions of s. 324.031 and upon payment to the department of a
957      nonrefundable reinstatement fee of $15. Only one such fee may
958      shall be paid by any one person regardless irrespective of the
959      number of licenses and registrations to be then reinstated or
960      issued to such person. Al-1- Such fees must shall be deposited to
961      a department trust fund. If Wfi.efi the reinstatement of any
962      license or registration is effected by compliance withs.
963      324.051(2) (a)3. or 4., the department may shall not renew the
964      license or registration within a period of 3 years a f t e r ~
965      such reinstatement, nor may shall any other license or
966      registration be issued in the name of such person, unless the
967      operator continues is continuing to comply with one of the
968      provisions of s. 324.031.
969               Section 21.          Subsection (1) of section 324.091, Florida
970      Statutes, is amended to read:
971               324.091       Notice to department; notice to insurer.-
972               (1)    Each owner and operator involved in a crash or
973      conviction case within the purview of this chapter shall furnish
974      evidence of autoffiobile liability insurance or motor vehicle
975      liability insurance within 14 days after the date of the mailing

                                                      Page 39 of 117

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                    hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020




 976      of notice of crash by the department in the form and manner as
 977      it may designate. Upon receipt of evidence that a an autoffiobile
 978      liability policy or motor vehicle liability policy was in effect
 979      at the time of the crash or conviction case, the department
 980      shall forward to the insurer such information for verification
 981      in a method as determined by the department. The insurer shall
 982      respond to the department within 20 days after the notice as to
 983      whether or not such information is valid. If the department
 984      determines that a an autoffiobile liability policy or motor
 985      vehicle liability policy was not in effect and did not provide
 986      coverage for both the owner and the operator, it must shall take
 987      action as it is authorized to do under this chapter.
 988               Section 22.          Section 324.151, Florida Statutes, is amended
 989      to read:
 990               324.151      Motor vehicle liability policies; required
 991      provisions.-
 992               (1)    A motor vehicle liability policy that serves as to be
 993      proof of financial responsibility under s. 324.031(1) (a) musts-.
 994      324.031(1), shall be issued to owners or operators of motor
 995      vehicles under the following provisions:
 996               (a)    A motor vehicle An owner's liability insurance policy
 997      issued to an owner of a motor vehicle required to be registered
 998      in this state must shall designate by explicit description or by
 999      appropriate reference all motor vehicles for with respect to
1000      which coverage is thereby granted. The policy must and shall

                                                       Page 40 of 117

       CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




           HB 771                                                               2020



1001       insure the person or persons owner named therein and, except for
1002       a named driver excluded pursuant to s. 627.747, must insure any
1003       resident relative of a named insured other person as operator
1004       using such motor vehicle or motor vehicles with the express or
1005       implied permission of such owner against loss from the liability
1006       imposed by law for damage arising out of the ownership,
1007       maintenance, or use of any -s-ueh motor vehicle or motor vehicles
1008       within the United States or the Dominion of Canada, subject to
1009       limits, e1cclusive of interest and costs with respect to each
1010       such motor vehicle as is provided for under s. 324.021(7).
1011       Except for a named driver excluded pursuant to s. 627.747, the
1012       policy must also insure any person operating an insured motor
1013       vehicle with the express or implied permission of a named
1014       insured against loss from the liability imposed by law for
1015       damage arising out of the use of the insured vehicle. However,
1016       the insurer may include provisions in its policy excluding
1017       liability coverage for a motor vehicle not designated as an
1018       insured vehicle on the policy if such motor vehicle does not
1019       qualify as a newly acquired vehicle, does not qualify as a
1020       temporary substitute vehicle, and was owned by the insured or
1021       was furnished for an insured's regular use for more than 30
1022       consecutive days before the event giving rise to the claim.
1023       Insurers may make available, with respect to property damage
1024       liability coverage, a deductible amount not to exceed $500. In
1025       the event of a property damage loss covered by a policy

                                                       Page 41 of 117

       CODING: Words strieken are deletions; words underlined are additions.
                                                                               hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020




1026      containing a property damage deductible provision, the insurer
1027      shall pay to the third-party claimant the amount of any property
1028      damage liability settlement or judgment, subject to policy
1029      limits, as if no deductible existed.
1030               (b)    A motor vehicle liability insurance policy issued to a
1031      person who does not own a motor vehicle must An operator's motor
1032      vehicle liability policy of insurance shall insure the person or
1033      persons named therein against loss from the liability imposed
1034      upon him or her by law for damages arising out of the use by the
1035      person of any motor vehicle not owned by him or her, with the
1036      same territorial limits and subject to the same limits of
1037      liability as referred to above with respect to an owner's policy
1038      of liability insurance.
1039               (c)    All such motor vehicle liability policies must provide
1040      liability coverage with limits, exclusive of interest and costs,
1041      as specified under s. 324.021(7) for accidents occurring within
1042      the United States or Canada. The policies must shall state the
1043      name and address of the named insured, the coverage afforded by
1044      the policy, the premium charged therefor, the policy period, and
1045      the limits of liability, and must shall contain an agreement or
1046      be endorsed that insurance is provided in accordance with the
1047      coverage defined in this chapter as respects bodily injury and
1048      death or property damage or both and is subject to a-1-1-
1049      provisions of this chapter. The -&a-i-d policies must shall also
1050      contain a provision that the satisfaction by an insured of a

                                                       Page 42 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



1051       judgment for such injury or damage may shall not be a condition
1052       precedent to the right or duty of the insurance carrier to make
1053       payment on account of such injury or damage, and must shall also
1054       contain a provision that bankruptcy or insolvency of the insured
1055       or of the insured's estate may shall not relieve the insurance
1056       carrier of any of its obligations under the -s-a44 policy.
1057                (2)   The provisions of This section is shall not ae
1058       applicable to any motor vehicle autoffiobile liability policy
1059       unless and until it is furnished as proof of financial
1060       responsibility for the future pursuant to s. 324.031, and then
1061       applies only from and after the date the -s-a44 policy is s-e
1062       furnished.
1063                (3)   As used in this section, the term:
1064                (a)   "Newly acquired vehicle" means a vehicle owned by a
1065       named insured or resident relative of the named insured which
1066       was acquired within 30 days before an accident.
1067                (b)   "Resident relative" means a person related to a named
1068       insured by any degree by blood, marriage, or adoption, including
1069       a ward or foster child, who usually makes his or her home in the
1070       same family unit or residence as the named insured, whether or
1071       not he or she temporarily lives elsewhere.
1072                (c)   "Temporary substitute vehicle" means any motor vehicle
1073       as defined ins. 320.01(1) which is not owned by the named
1074       insured and which is temporarily used with the permission of the
1075       owner as a substitute for the owned motor vehicle designated on

                                                       Page 43 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020




1076       the policy when the owned vehicle is withdrawn from normal use
1077       because of breakdown, repair, servicing, loss, or destruction.
1078                  Section 23.       Section 324.161, Florida Statutes, is amended
1079       to read:
1080                  324.161    Proof of financial responsibility; deposit.-If a
1081       person elects to prove his or her financial responsibility under
1082       the method of proof specified in s. 324. 031 ( 1) (b), he or she
1083       annually must obtain and submit to the department proof of a
1084       certificate of deposit in the amount required under s.
1085       324.031(2) from a financial institution insured by the Federal
1086       Deposit Insurance Corporation or the National Credit Union
1087       Administration Annually, before any certificate of insurance may
1088       be issued to a person, including any firm, partnership,
1089       association, corporation, or other person, other than a natural
1090       person, proof of a certificate of deposit of $30,000 issued and
1091       held by a financial institution must be submitted to the
1092       department. A power of attorney will be issued to and held by
1093       the department and may be executed upon a judgment issued
1094       against such person making the deposit, for damages for because
1095       B-f-   bodily injury to or death of any person or for damages for
1096       because of injury to or destruction of property resulting from
1097       the use or operation of any motor vehicle occurring after such
1098       deposit was made. Money so deposited is shall not b-e subject to
1099       attachment or execution unless such attachment or execution
1100       arises shall arise out of a lawsuit -s-u-i-t- for such damages a-s-

                                                       Page 44 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                                      2020




1101      aforesaid.
1102               Section 24.          Subsections        (1) and (2)         of section 324.171,
1103      Florida Statutes, are amended to read:
1104               324.171      Self-insurer.-
1105               (1)    A Arty- person may qualify as a self-insurer by
1106      obtaining a certificate of self-insurance from the department~
1107      which may, in its discretion and Upon application of such a
1108      person, the department may issue a -s-a-i-€i certificate of self-
1109      insurance to an applicant who satisfies when such person has
1110      satisfied the requirements of this section. Effective January 1,
1111      2021 to qualify as a self insurer under this section:
1112               (a)    A private individual with private passenger vehicles
1113      shall possess a net unencumbered worth of at least $100,000
1114      $40,000.
1115               (b)    A person, including any firm, partnership,
1116      association, corporation, or other person, other than a natural
1117      person, shall:
1118               1.    Possess a net unencumbered worth of at least $100,000
1119      $40,000 for the first motor vehicle and $50,000 $20,000 for each
1120      additional motor vehicle; or
1121               2.    Maintain sufficient net worth, in an amount determined
1122      by the department, to be financially responsible for potential
1123      losses. The department annually shall determine the minimum net
1124      worth sufficient to satisfy this subparagraph as determined
1125      annually by the department, pursuant to rules adopted

                                                       Page 45 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                     hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



1126      promulgated by the department 7 with the assistance of the Office
1127      of Insurance Regulation of the Financial Services Commission,--t-e
1128      be financially responsible for potential losses. The rules must
1129      consider any shall take into consideration excess insurance
1130      carried by the applicant. The department's determination must
1131      shall be based upon reasonable actuarial principles considering
1132      the frequency, severity, and loss development of claims incurred
1133      by casualty insurers writing coverage on the type of motor
1134      vehicles for which a certificate of self-insurance is desired.
1135               (c)    The owner of a commercial motor vehicle, as defined in
1136      s. 207.002 ors. 320.01, may qualify as a self-insurer subject
1137      to the standards provided~ in subparagraph (b)2.
1138               (2)    The self-insurance certificate must shall provide
1139      limits of liability insurance in the amounts specified under s.
1140      324.021(7) ors. 627.7415 and shall provide personal injury
1141      protection coverage under s. 627.733 (3) (b).
1142               Section 25.           Section 324.251, Florida Statutes, is amended
1143      to read:
1144               324.251       Short title.-This chapter may be cited as the
1145      "Financial Responsibility Law of 2020 -1-9-§.5." and is shall become
1146      effective at 12:01 a.m., January 1, 2021 October 1, 1955.
1147               Section 26.           Subsection (4) of section 400.9905, Florida
1148      Statutes, is amended to read:
1149               400.9905         Definitions.-
1150               (4)M        "Clinic" means an entity where health care services

                                                       Page 46 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



1151      are provided to individuals and which tenders charges for
1152      reimbursement for such services, including a mobile clinic and a
1153      portable equipment provider. As used in this part, the term does
1154      not include and the licensure requirements of this part do not
1155      apply to:
1156               l..:_+a+    Entities licensed or registered by the state under
1157      chapter 395; entities licensed or registered by the state and
1158      providing only health care services within the scope of services
1159      authorized under their respective licenses under ss. 383.30-
1160      383.332, chapter 390, chapter 394, chapter 397, this chapter
1161      except part X, chapter 429, chapter 463, chapter 465, chapter
1162      466, chapter 478, chapter 484, or chapter 651; end-stage renal
1163      disease providers authorized under 42 C.F.R. part 405, subpart
1164      U; providers certified under 42 C.F.R. part 485, subpart B or
1165      subpart H; providers certified by the Centers for Medicare and
1166      Medicaid Services under the federal Clinical Laboratory
1167      Improvement Amendments and the federal rules adopted thereunder;
1168      or any entity that provides neonatal or pediatric hospital-based
1169      health care services or other health care services by licensed
1170      practitioners solely within a hospital licensed under chapter
1171      395.
1172               l..:_-te+   Entities that own, directly or indirectly, entities
1173      licensed or registered by the state pursuant to chapter 395;
1174      entities that own, directly or indirectly, entities licensed or
1175      registered by the state and providing only health care services

                                                       Page 47 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020




1176      within the scope of services authorized pursuant to their
1177      respective licenses under ss. 383.30-383.332, chapter 390,
1178      chapter 394, chapter 397, this chapter except part X, chapter
1179      429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1180      484, or chapter 651; end-stage renal disease providers
1181      authorized under 42 C.F.R. part 405, subpart U; providers
1182      certified under 42 C.F.R. part 485, subpart B or subpart H;
1183      providers certified by the Centers for Medicare and Medicaid
1184      Services under the federal Clinical Laboratory Improvement
1185      Amendments and the federal rules adopted thereunder; or any
1186      entity that provides neonatal or pediatric hospital-based health
1187      care services by licensed practitioners solely within a hospital
1188      licensed under chapter 395.
1189               3.-tet    Entities that are owned, directly or indirectly, by
1190      an entity licensed or registered by the state pursuant to
1191      chapter 395; entities that are owned, directly or indirectly, by
1192      an entity licensed or registered by the state and providing only
1193      health care services within the scope of services authorized
1194      pursuant to their respective licenses under ss. 383.30-383.332,
1195      chapter 390, chapter 394, chapter 397, this chapter except part
1196      X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
1197      478, chapter 484, or chapter 651; end-stage renal disease
1198      providers authorized under 42 C.F.R. part 405, subpart U;
1199      providers certified under 42 C.F.R. part 485, subpart B or
1200      subpart H; providers certified by the Centers for Medicare and

                                                       Page 48 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                          H   O   U   S   E    0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



1201      Medicaid Services under the federal Clinical Laboratory
1202      Improvement Amendments and the federal rules adopted thereunder;
1203      or any entity that provides neonatal or pediatric hospital-based
1204      health care services by licensed practitioners solely within a
1205      hospital under chapter 395.
1206               .!.:_-fe:+-   Entities that are under common ownership, directly
1207      or indirectly, with an entity licensed or registered by the
1208      state pursuant to chapter 395; entities that are under common
1209      ownership, directly or indirectly, with an entity licensed or
1210      registered by the state and providing only health care services
1211      within the scope of services authorized pursuant to their
1212      respective licenses under ss. 383.30-383.332, chapter 390,
1213      chapter 394, chapter 397, this chapter except part X, chapter
1214      429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
1215      484, or chapter 651; end-stage renal disease providers
1216      authorized under 42 C.F.R. part 405, subpart U; providers
1217      certified under 42 C.F.R. part 485, subpart B or subpart H;
1218      providers certified by the Centers for Medicare and Medicaid
1219      Services under the federal Clinical Laboratory Improvement
1220      Amendments and the federal rules adopted thereunder; or any
1221      entity that provides neonatal or pediatric hospital-based health
1222      care services by licensed practitioners solely within a hospital
1223      licensed under chapter 395.
1224               2-.:_-te+-    An entity that is exempt from federal taxation under
1225      26 U.S.C. s. 50l(c) (3) or (4), an employee stock ownership plan

                                                       Page 49 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                2020



1226      under 26 U.S.C. s. 409 that has a board of trustees at least
1227      two-thirds of which are Florida-licensed health care
1228      practitioners and provides only physical therapy services under
1229      physician orders, any community college or university clinic,
1230      and any entity owned or operated by the federal or state
1231      government, including agencies, subdivisions, or municipalities
1232      thereof.
1233               6.-f-£+   A sole proprietorship, group practice, partnership,
1234      or corporation that provides health care services by physicians
1235      covered bys. 627.419, that is directly supervised by one or
1236      more of such physicians, and that is wholly owned by one or more
1237      of those physicians or by a physician and the spouse, parent,
1238      child, or sibling of that physician.
1239               2..:_~    A sole proprietorship, group practice, partnership,
1240      or corporation that provides health care services by licensed
1241      health care practitioners under chapter 457, chapter 458,
1242      chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1243      chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
1244      chapter 490, chapter 491, or part I, part III, part X, part
1245      XIII, or part XIV of chapter 468, ors. 464.012, and that is
1246      wholly owned by one or more licensed health care practitioners,
1247      or the licensed health care practitioners set forth in this
1248      subparagraph paragraph and the spouse, parent, child, or sibling
1249      of a licensed health care practitioner if one of the owners who
1250      is a licensed health care practitioner is supervising the

                                                       Page 50 of 117

       CODING: Words strisken are deletions; words underlined are additions.
                                                                               hb0771-00
 FLORIDA                          H   O   U   S   E    0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



1251      business activities and is legally responsible for the entity's
1252      compliance with all federal and state laws. However, a health
1253      care practitioner may not supervise services beyond the scope of
1254      the practitioner's license, except that, for the purposes of
1255      this part, a clinic owned by a licensee ins. 456.053(3)(b)
1256      which provides only services authorized pursuant to s.
1257      456. 053 ( 3) (b) may be supervised by a licensee specified in s.
1258      456.053(3) (b).
1259               ~-f-R-+-      Clinical facilities affiliated with an accredited
1260      medical school at which training is provided for medical
1261      students, residents, or fellows.
1262               ~+:i:+        Entities that provide only oncology or radiation
1263      therapy services by physicians licensed under chapter 458 or
1264      chapter 459 or entities that provide oncology or radiation
1265      therapy services by physicians licensed under chapter 458 or
1266      chapter 459 which are owned by a corporation whose shares are
1267      publicly traded on a recognized stock exchange.
1268               10.-H+        Clinical facilities affiliated with a college of
1269      chiropractic accredited by the Council on Chiropractic Education
1270      at which training is provided for chiropractic students.
1271               11."'t"'*"t   Entities that provide licensed practitioners to
1272      staff emergency departments or to deliver anesthesia services in
1273      facilities licensed under chapter 395 and that derive at least
1274      90 percent of their gross annual revenues from the provision of
1275      such services. Entities claiming an exemption from licensure

                                                       Page 51 of 117

       CODING: Words striokeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



1276       under this subparagraph paragraph must provide documentation
1277       demonstrating compliance.
1278                12.-f-±-+-     Orthotic, prosthetic, pediatric cardiology, or
1279       perinatology clinical facilities or anesthesia clinical
1280       facilities that are not otherwise exempt under subparagraph 1.
1281       or subparagraph 11. paragraph (a) or paragraph (k) and that are
1282       a publicly traded corporation or are wholly owned, directly or
1283       indirectly, by a publicly traded corporation. As used in this
1284       subparagraph paragraph, a publicly traded corporation is a
1285       corporation that issues securities traded on an exchange
1286       registered with the United States Securities and Exchange
1287       Commission as a national securities exchange.
1288                13.--f-ffi+-   Entities that are owned by a corporation that has
1289       $250 million or more in total annual sales of health care
1290       services provided by licensed health care practitioners where
1291       one or more of the persons responsible for the operations of the
1292       entity is a health care practitioner who is licensed in this
1293       state and who is responsible for supervising the business
1294       activities of the entity and is responsible for the entity's
1295       compliance with state law for purposes of this part.
1296                14.-fi::r+-    Entities that employ 50 or more licensed health
1297       care practitioners licensed under chapter 458 or chapter 459
1298       where the billing for medical services is under a single tax
1299       identification number. The application for exemption under this
1300       subsection must include shall contain information that includes:

                                                       Page 52 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



1301      the name, residence, and business address and telephone phone
1302      number of the entity that owns the practice; a complete list of
1303      the names and contact information of all the officers and
1304      directors of the corporation; the name, residence address,
1305      business address, and medical license number of each licensed
1306      Florida health care practitioner employed by the entity; the
1307      corporate tax identification number of the entity seeking an
1308      exemption; a listing of health care services to be provided by
1309      the entity at the health care clinics owned or operated by the
1310      entityL and a certified statement prepared by an independent
1311      certified public accountant which states that the entity and the
1312      health care clinics owned or operated by the entity have not
1313      received payment for health care services under medical payments
1314      personal injury protection insurance coverage for the preceding
1315      year. If the agency determines that an entity that which is
1316      exempt under this subsection has received payments for medical
1317      services under medical payments personal injury protection
1318      insurance coverage, the agency may deny or revoke the exemption
1319      from licensure under this subsection.
1320               J..el   Notwithstanding paragraph (a) this subsection, an
1321      entity is shall be deemed a clinic and must be licensed under
1322      this part in order to receive medical payments coverage
1323      reimbursement under s. 627.7265 unless the entity is: -t-fte
1324      Florida Heter Vehicle Ho Fault Law, ss. 627.730 627.7405, unless
1325      e1ceFRpted under s. 627.736(5) (h).

                                                       Page 53 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



1326               1.   Wholly owned by a physician licensed under chapter 458
1327      or chapter 459, or by the physician and the spouse, parent,
1328      child, or sibling of the physician;
1329               2.   Wholly owned by a dentist licensed under chapter 466,
1330      or by the dentist and the spouse, parent, child, or sibling of
1331      the dentist;
1332               3.   Wholly owned by a chiropractic physician licensed under
1333      chapter 460, or by the chiropractic physician and the spouse,
1334      parent, child, or sibling of the chiropractic physician;
1335               4.   A hospital or ambulatory surgical center licensed under
1336      chapter 395;
1337               5.   An entity that wholly owns or is wholly owned, directly
1338      or indirectly, by a hospital or hospitals licensed under chapter
1339      395;
1340               6.   A clinical facility affiliated with an accredited
1341      medical school at which training is provided for medical
1342      students, residents, or fellows;
1343               7.    Certified under 42 C.F.R. part 485, subpart H; or
1344               8.   Owned by a publicly traded corporation, either directly
1345      or indirectly through its subsidiaries, which has $250 million
1346      or more in total annual sales of health care services provided
1347      by licensed health care practitioners, if one or more of the
1348      persons responsible for the operations of the entity are health
1349      care practitioners who are licensed in this state and are
1350      responsible for supervising the business activities of the

                                                       Page 54 of 117

       CODING: Words striokeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                      2020




1351      entity and the entity's compliance with state law for purposes
1352      of this subsection.
1353               Section 27.          Subsection (5) of section 400.991, Florida
1354      Statutes, is amended to read:
1355               400.991      License requirements; background screenings;
1356      prohibitions.-
1357               (5)    All agency forms for licensure application or
1358      exemption from licensure under this part must contain the
1359      following statement:
1360
1361               INSURANCE FRAUD NOTICE.-A person commits a fraudulent
1362               insurance act, as defined ins. 626.989, Florida
1363               Statutes, if the person Wfi-6- knowingly submits a false,
1364               misleading, or fraudulent application or other
1365               document when applying for licensure as a health care
1366               clinic, seeking an exemption from licensure as a
1367               health care clinic, or demonstrating compliance with
1368               part X of chapter 400, Florida Statutes, with the
1369               intent to use the license, exemption from licensure,
1370               or demonstration of compliance to provide services or
1371               seek reimbursement under a motor vehicle liability
1372               insurance policy's medical payments coverage 4::fl.e
1373               Florida Heter Vehicle Ho Fault Law, coffifilits a
1374               fraudulent insurance act, as defined ins. 626.989,
1375               Florida Statutes. A person who presents a claim for

                                                       Page 55 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                     hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



1376               benefits under medical payments coverage, personal
1377               injury protection benefits knowing that the payee
1378               knowingly submitted such health care clinic
1379               application or document, commits insurance fraud, as
1380               defined ins. 817.234, Florida Statutes.
1381               Section 28.           Paragraph (g) of subsection (1) of section
1382      400.9935, Florida Statutes, is amended to read:
1383               400.9935         Clinic responsibilities.-
1384               (1)    Each clinic shall appoint a medical director or clinic
1385      director who shall agree in writing to accept legal
1386      responsibility for the following activities on behalf of the
1387      clinic. The medical director or the clinic director shall:
1388               (g)    Conduct systematic reviews of clinic billings to
1389      ensure that the billings are not fraudulent or unlawful. Upon
1390      discovery of an unlawful charge, the medical director or clinic
1391      director shall take immediate corrective action. If the clinic
1392      performs only the technical component of magnetic resonance
1393      imaging, static radiographs, computed tomography, or positron
1394      emission tomography, and provides the professional
1395      interpretation of such services, in a fixed facility that is
1396      accredited by a national accrediting organization that is
1397      approved by the Centers for Medicare and Medicaid Services for
1398      magnetic resonance imaging and advanced diagnostic imaging
1399      services and if, in the preceding quarter, the percentage of
1400      scans performed by that clinic which was billed to motor vehicle

                                                       Page 56 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020




1401       all personal injury protection insurance carriers under medical
1402       payments coverage was less than 15 percent, the chief financial
1403       officer of the clinic may, in a written acknowledgment provided
1404       to the agency, assume the responsibility for the conduct of the
1405       systematic reviews of clinic billings to ensure that the
1406       billings arc not fraudulent or unlawful.
1407                Section 29.         Subsection (28) of section 409.901, Florida
1408       Statutes, is amended to read:
1409                409.901      Definitions; ss. 409.901-409.920.-As used in ss.
1410       409.901-409.920, except as otherwise specifically provided, the
1411       term:
1412                (28)    "Third-party benefit" means any benefit that is or
1413       may be available at any time through contract, court award,
1414       judgment, settlement, agreement, or any arrangement between a
1415       third party and any person or entity, including, without
1416       limitation, a Medicaid recipient, a provider, another third
1417       party, an insurer, or the agency, for any Medicaid-covered
1418       injury, illness, goods, or services, including costs of medical
1419       services related thereto, for bodily personal injury or for
1420       death of the recipient, but specifically excluding policies of
1421       life insurance policies on the recipient, unless available under
1422       terms of the policy to pay medical expenses before prior to
1423       death. The term includes, without limitation, collateral, as
1424       defined in this scction~7 health insurancc~7 any benefit under a
1425       health maintenance organization, a preferred provider

                                                       Page 57 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



1426       arrangement, a prepaid health clinic, liability insurance,
1427       uninsured motorist insurance, or medical payments coverage; or
1428       personal injury protection coverage, medical benefits under
1429       workers' compensation, and any obligation under law or equity to
1430       provide medical support.
1431                Section 30.          Paragraph (f) of subsection (11) of section
1432       409.910, Florida Statutes, is amended to read:
1433                409.910       Responsibility for payments on behalf of Medicaid-
1434       eligible persons when other parties are liable.-
1435                (11)       The agency may, as a matter of right, in order to
1436       enforce its rights under this section, institute, intervene in,
1437       or join any legal or administrative proceeding in its own name
1438       in one or more of the following capacities: individually, as
1439       subrogee of the recipient, as assignee of the recipient, or as
1440       lienholder of the collateral.
1441                (f)     Notwithstanding any provision in this section to the
1442       contrary, in the event of an action in tort against a third
1443       party in which the recipient or his or her legal representative
1444       is a party which results in a judgment, award, or settlement
1445       from a third party, the amount recovered shall be distributed as
1446       follows:
1447                1.     After attorney attorney's fees and taxable costs as
1448       defined by the Florida Rules of Civil Procedure, one-half of the
1449       remaining recovery shall be paid to the agency up to the total
1450       amount of medical assistance provided by Medicaid.

                                                       Page 58 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



1451                2.    The remaining amount of the recovery shall be paid to
1452       the recipient.
1453                3.    For purposes of calculating the agency's recovery of
1454       medical assistance benefits paid, the fee for services of an
1455       attorney retained by the recipient or his or her legal
1456       representative shall be calculated at 25 percent of the
1457       judgment, award, or settlement.
1458                4.    Notwithstanding any other provision of this section to
1459       the contrary, the agency shall be entitled to all medical
1460       coverage benefits up to the total amount of medical assistance
1461       provided by Medicaid. For purposes of this paragraph, the term
1462       "medical coverage" means any benefits under health insurance, a
1463       health maintenance organization, a preferred provider
1464       arrangement, or a prepaid health clinic, and the portion of
1465       benefits designated for medical payments under coverage for
1466       workers' compensation coverage, motor vehicle insurance
1467       coverage, personal injury protection, and casualty coverage.
1468                Section 31.         Paragraph (k) of subsection (2) of section
1469       456.057, Florida Statutes, is amended to read:
1470                456.057      Ownership and control of patient records; report
1471       or copies of records to be furnished; disclosure of
1472       information.-
1473                (2)    As used in this section, the terms "records owner,"
1474       "health care practitioner," and "health care practitioner's
1475       employer" do not include any of the following persons or

                                                       Page 59 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                    2020



1476      entities; furthermore, the following persons or entities are not
1477      authorized to acquire or own medical records, but are authorized
1478      under the confidentiality and disclosure requirements of this
1479      section to maintain those documents required by the part or
1480      chapter under which they are licensed or regulated:
1481               (k)    Persons or entities practicing under s. 627.7265 -s--.
1482      627.736(7).
1483               Section 32.          Paragraphs (ee) and (ff) of subsection (1) of
1484      section 456.072, Florida Statutes, are amended to read:
1485               456.072      Grounds for discipline; penalties; enforcement.-
1486               (1)    The following acts shall constitute grounds for which
1487      the disciplinary actions specified in subsection (2) may be
1488      taken:
1489               (ee)     With respect to making a medical payments coverage
1490      personal injury protection claim under s. 627.7265 as required
1491      bys. 627.736, intentionally submitting a claim, statement, or
1492      bill that has been upcoded. As used in this paragraph, the term
1493      "upcoded" means an action that submits a billing code that would
1494      result in a greater payment amount than would be paid using a
1495      billing code that accurately describes the services performed.
1496      The term does not include an otherwise lawful bill by a magnetic
1497      resonance imaging facility, which globally combines both
1498      technical and professional components, if the amount of the
1499      global bill is not more than the components if billed
1500      separately; however, payment of such a bill constitutes payment

                                                       Page 60 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                   hb0771-00
 FLORIDA                        H    O   U   S   E     0    F     REPRESENTATIVES




          HB 771                                                                               2020



1501      in full for all components of such service "upcoded" as defined
1502      ins. 627.732.
1503               (ff)     With respect to making a medical payments coverage
1504      personal injury protection claim as required under s. 627.7265
1505      bys. 627.736, intentionally submitting a claim, statement, or
1506      bill for payment of services that were not rendered.
1507               Section 33.           Paragraphs        (i) and (o) of subsection (1) of
1508      section 626.9541, Florida Statutes, are amended to read:
1509               626.9541         Unfair methods of competition and unfair or
1510      deceptive acts or practices defined.-
1511               (1)     UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
1512      ACTS.-The following are defined as unfair methods of competition
1513      and unfair or deceptive acts or practices:
1514               (i)     Unfair claim settlement practices.-
1515               1.     Attempting to settle claims on the basis of an
1516      application, when serving as a binder or intended to become a
1517      part of the policy, or any other material document which was
1518      altered without notice to, or knowledge or consent of, the
1519      insured;
1520               2.     A material misrepresentation made to an insured or any
1521      other person having an interest in the proceeds payable under
1522      such contract or policy, for the purpose and with the intent of
1523      effecting settlement of such claims, loss, or damage under such
1524      contract or policy on less favorable terms than those provided
1525      in, and contemplated by, such contract or policy; e-r-

                                                       Page 61 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                              hb0771-00
 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 771                                                                       2020



1526                3.    Corrunitting or performing with such frequency as to
1527       indicate a general business practice any of the following:
1528                a.    Failing to adopt and implement standards for the proper
1529       investigation of claims;
1530                b.    Misrepresenting pertinent facts or insurance policy
1531       provisions relating to coverages at issue;
1532                c.    Failing to acknowledge and act promptly upon
1533       corrununications with respect to claims;
1534                d.    Denying claims without conducting reasonable
1535       investigations based upon available information;
1536                e.    Failing to affirm or deny full or partial coverage of
1537       claims, and, as to partial coverage, the dollar amount or extent
1538       of coverage, or failing to provide a written statement that the
1539       claim is being investigated, upon the written request of the
1540       insured within 30 days after proof-of-loss statements have been
1541       completed;
1542                f.    Failing to promptly provide a reasonable explanation in
1543       writing to the insured of the basis in the insurance policy, in
1544       relation to the facts or applicable law, for denial of a claim
1545       or for the offer of a compromise settlement;
1546                g.    Failing to promptly notify the insured of any
1547       additional information necessary for the processing of a claim;
1548       or
1549                h.    Failing to clearly explain the nature of the requested
1550       information and the reasons why such information is necessary.

                                                       Page 62 of 117

       CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                                 2020




1551                1.    Failing to pay personal injury protection insurance
1552       claims within the time periods required by s. 627. 736 ( 4) (b) . The
1553       office may order the insurer to pay restitution to a
1554       policyholder, medical provider, or other claimant, including
1555       interest at a rate consistent with the amount set forth ins.
1556       55.03(1), for the time period within which an insurer fails to
1557       pay claims as required by law. Restitution is in addition to any
1558       other penalties allowed by law, including, but not limited to,
1559       the suspension of the insurer's certificate of authority.
1560                4.    Failing to pay undisputed amounts of partial or full
1561       benefits owed under first-party property insurance policies
1562       within 90 days after an insurer receives notice of a residential
1563       property insurance claim, determines the amounts of partial or
1564       full benefits, and agrees to coverage, unless payment of the
1565       undisputed benefits is prevented by an act of God, prevented by
1566       the impossibility of performance, or due to actions by the
1567       insured or claimant that constitute fraud,                          lack of cooperation,
1568       or intentional misrepresentation regarding the claim for which
1569       benefits are owed.
1570                (o)    Illegal dealings in premiums; excess or reduced
1571       charges for insurance.-
1572                1.    Knowingly collecting any sum as a premium or charge for
1573       insurance, which is not then provided, or is not in due course
1574       to be provided, subject to acceptance of the risk by the
1575       insurer, by an insurance policy issued by an insurer as

                                                       Page 63 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                                 hb0771-00
 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 771                                                                       2020




1576       permitted by this code.
1577                2.     Knowingly collecting as a premium or charge for
1578       insurance any sum in excess of or less than the premium or
1579       charge applicable to such insurance, in accordance with the
1580       applicable classifications and rates as filed with and approved
1581       by the office, and as specified in the policy; or, in cases when
1582       classifications, premiums, or rates are not required by this
1583       code to be so filed and approved, premiums and charges collected
1584       from a Florida resident in excess of or less than those
1585       specified in the policy and as fixed by the insurer.
1586       Notwithstanding any other provision of law, this provision shall
1587       not be deemed to prohibit the charging and collection, by
1588       surplus lines agents licensed under part VIII of this chapter,
1589       of the amount of applicable state and federal taxes, or fees as
1590       authorized bys. 626.916(4), in addition to the premium required
1591       by the insurer or the charging and collection, by licensed
1592       agents, of the exact amount of any discount or other such fee
1593       charged by a credit card facility in connection with the use of
1594       a credit card, as authorized by subparagraph (q)3., in addition
1595       to the premium required by the insurer. This subparagraph shall
1596       not be construed to prohibit collection of a premium for a
1597       universal life or a variable or indeterminate value insurance
1598       policy made in accordance with the terms of the contract.
1599                3.a.       Imposing or requesting an additional premium for
1600       bodily injury liability coverage, property damage liability

                                                       Page 64 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 F     L   O   R         D A     H   O   U   S   E     0   F      REPRESENTATIVES




           HB 771                                                                    2020



1601       coverage a policy of motor vehicle liability, personal injury
1602       protection, medical payments coverage payment, or collision
1603       coverage in a motor vehicle liability insurance policy insurance
1604       or any combination thereof or refusing to renew the policy
1605       solely because the insured was involved in a motor vehicle
1606       accident unless the insurer's file contains information from
1607       which the insurer in good faith determines that the insured was
1608       substantially at fault in the accident.
1609                b.     An insurer which imposes and collects such a surcharge
1610       or which refuses to renew such policy shall, in conjunction with
1611       the notice of premium due or notice of nonrenewal, notify the
1612       named insured that he or she is entitled to reimbursement of
1613       such amount or renewal of the policy under the conditions listed
1614       below and will subsequently reimburse him or her or renew the
1615       policy, if the named insured demonstrates that the operator
1616       involved in the accident was:
1617                (I)     Lawfully parked;
1618                (II)       Reimbursed by, or on behalf of, a person responsible
1619       for the accident or has a judgment against such person;
1620                (III)      Struck in the rear by another vehicle headed in the
1621       same direction and was not convicted of a moving traffic
1622       violation in connection with the accident;
1623                (IV)       Hit by a "hit-and-run" driver, if the accident was
1624       reported to the proper authorities within 24 hours after
1625       discovering the accident;

                                                       Page 65 of 117

       CODING: Words strickeA are deletions; words underlined are additions.
                                                                                    hb0771-00
 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 771                                                                       2020




1626                (V)     Not convicted of a moving traffic violation in
1627       connection with the accident, but the operator of the other
1628       automobile involved in such accident was convicted of a moving
1629       traffic violation;
1630                (VI)       Finally adjudicated not to be liable by a court of
1631       competent jurisdiction;
1632                (VII)       In receipt of a traffic citation which was dismissed
1633       or nolle prossed; or
1634                (VIII)      Not at fault as evidenced by a written statement
1635       from the insured establishing facts demonstrating lack of fault
1636       which are not rebutted by information in the insurer's file from
1637       which the insurer in good faith determines that the insured was
1638       substantially at fault.
1639                c.     In addition to the other provisions of this
1640       subparagraph, an insurer may not fail to renew a policy if the
1641       insured has had only one accident in which he or she was at
1642       fault within the current 3-year period. However, an insurer may
1643       nonrenew a policy for reasons other than accidents in accordance
1644       withs. 627.728. This subparagraph does not prohibit nonrenewal
1645       of a policy under which the insured has had three or more
1646       accidents, regardless of fault, during the most recent 3-year
1647       period.
1648                4.     Imposing or requesting an additional premium for, or
1649       refusing to renew, a policy for motor vehicle insurance solely
1650       because the insured committed a noncriminal traffic infraction

                                                       Page 66 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



1651       as described ins. 318.14 unless the infraction is:
1652                a.    A second infraction committed within an 18-month
1653       period, or a third or subsequent infraction committed within a
1654       36-month period.
1655                b.    A violation of s. 316.183, when such violation is a
1656       result of exceeding the lawful speed limit by more than 15 miles
1657       per hour.
1658                5.    Upon the request of the insured, the insurer and
1659       licensed agent shall supply to the insured the complete proof of
1660       fault or other criteria which justifies the additional charge or
1661       cancellation.
1662                6.    No insurer shall impose or request an additional
1663       premium for motor vehicle insurance, cancel or refuse to issue a
1664       policy, or refuse to renew a policy because the insured or the
1665       applicant is a handicapped or physically disabled person, so
1666       long as such handicap or physical disability does not
1667       substantially impair such person's mechanically assisted driving
1668       ability.
1669                7.    No insurer may cancel or otherwise terminate any
1670       insurance contract or coverage, or require execution of a
1671       consent to rate endorsement, during the stated policy term for
1672       the purpose of offering to issue, or issuing, a similar or
1673       identical contract or coverage to the same insured with the same
1674       exposure at a higher premium rate or continuing an existing
1675       contract or coverage with the same exposure at an increased

                                                       Page 67 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 F     L   O   R         D A     H   O   U   S   E      0   F      REPRESENTATIVES




           HB 771                                                                 2020



1676       premium.
1677                8.    No insurer may issue a nonrenewal notice on any
1678       insurance contract or coverage, or require execution of a
167 9      consent to rate endorsement, for the purpose of offering to
1680       issue, or issuing, a similar or identical contract or coverage
1681       to the same insured at a higher premium rate or continuing an
1682       existing contract or coverage at an increased premium without
1683       meeting any applicable notice requirements.
1684                9.    No insurer shall, with respect to premiums charged for
1685       motor vehicle insurance, unfairly discriminate solely on the
1686       basis of age, sex, marital status, or scholastic achievement.
1687                10.    Imposing or requesting an additional premium for motor
1688       vehicle comprehensive or uninsured motorist coverage solely
1689       because the insured was involved in a motor vehicle accident or
1690       was convicted of a moving traffic violation.
1691                11.    No insurer shall cancel or issue a nonrenewal notice
1692       on any insurance policy or contract without complying with any
1693       applicable cancellation or nonrenewal provision required under
1694       the Florida Insurance Code.
1695                12.    No insurer shall impose or request an additional
1696       premium, cancel a policy, or issue a nonrenewal notice on any
1697       insurance policy or contract because of any traffic infraction
1698       when adjudication has been withheld and no points have been
1699       assessed pursuant to s. 318.14(9) and (10). However, this
1700       subparagraph does not apply to traffic infractions involving

                                                        Page 68 of 117

        CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                hb0771-00
 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 771                                                                       2020



1701       accidents in which the insurer has incurred a loss due to the
1702       fault of the insured.
1703                Section 34.         Paragraph (a) of subsection (1) of section
1704       626.989, Florida Statutes, is amended to read:
1705                626.989     Investigation by department or Division of
1706       Investigative and Forensic Services; compliance; immunity;
1707       confidential information; reports to division; division
1708       investigator's power of arrest.-
1709                (1)    For the purposes of this section:
1710                (a)    A person commits a "fraudulent insurance act" if the
1711       person:
1712                1.    Knowingly and with intent to defraud presents, causes
1713       to be presented, or prepares with knowledge or belief that it
1714       will be presented, to or by an insurer, self-insurer, self-
1715       insurance fund, servicing corporation, purported insurer,
1716       broker, or any agent thereof, any written statement as part of,
1717       or in support of, an application for the issuance of, or the
1718       rating of, any insurance policy, or a claim for payment or other
1719       benefit pursuant to any insurance policy, which the person knows
1720       to contain materially false information concerning any fact
1721       material thereto or if the person conceals, for the purpose of
1722       misleading another, information concerning any fact material
1723       thereto.
1724                2.    Knowingly submits:
1725                a.    A false, misleading, or fraudulent application or other

                                                       Page 69 of 117

       CODING: Words strisken are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



1726       document when applying for licensure as a health care clinic,
1727       seeking an exemption from licensure as a health care clinic, or
1728       demonstrating compliance with part X of chapter 400 with an
1729       intent to use the license, exemption from licensure, or
1730       demonstration of compliance to provide services or seek
1731       reimbursement under a motor vehicle liability insurance policy's
1732       medical payments coverage the Florida Heter Vehicle ~to Fault
1733       f,a-w.

1734                b.     A claim for payment or other benefit under medical
1735       payments coverage pursuant to a personal injury protection
1736       insurance policy under the Florida Heter Vehicle No Fault Law if
1737       the person knows that the payee knowingly submitted a false,
1738       misleading, or fraudulent application or other document when
1739       applying for licensure as a health care clinic, seeking an
1740       exemption from licensure as a health care clinic, or
1741       demonstrating compliance with part X of chapter 400.
1742                Section 35.         Subsection (1) of section 627.06501, Florida
1743       Statutes, is amended to read:
1744                627.06501       Insurance discounts for certain persons
1745       completing driver improvement course.-
1746                ( 1)   Any rate, rating schedule, or rating manual for the
1747       liability, medical payments personal injury protection, and
1748       collision coverages of a motor vehicle insurance policy filed
1749       with the office may provide for an appropriate reduction in
1750       premium charges as to such coverages if w-heft the principal

                                                       Page 70 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



          HS 771                                                                        2020



1751      operator on the covered vehicle has successfully completed a
1752      driver improvement course approved and certified by the
1753      Department of Highway Safety and Motor Vehicles which is
1754      effective in reducing crash or violation rates, or both, as
1755      determined pursuant to s. 318.1451(5). Any discount, not to
1756      exceed 10 percent, used by an insurer is presumed to be
1757      appropriate unless credible data demonstrates otherwise.
1758               Section 36.           Subsection (15) is added to section 627.0651,
1759      Florida Statutes, to read:
1760               627.0651         Making and use of rates for motor vehicle
1761      insurance.-
1762               ( 15)    Initial rate filings for motor vehicle liability
1763      policies which are submitted to the office on or after January
1764      1, 2021, must reflect the financial responsibility requirements
1765      ins. 324.022, as amended, and may be approved only through the
1766      file and use process under s. 627.0651(1) (a).
1767               Section 37.           Subsection (1) of section 627.0652, Florida
1768      Statutes, is amended to read:
1769               627.0652         Insurance discounts for certain persons
1770      completing safety course.-
1771               (1)     Any rates, rating schedules, or rating manuals for the
1772      liability, medical payments personal injury protection, and
1773      collision coverages of a motor vehicle insurance policy filed
1774      with the office must shall provide for an appropriate reduction
1775      in premium charges as to such coverages if Wftefi- the principal

                                                       Page 71 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                                  2020



1776       operator on the covered vehicle is an insured 55 years of age or
1777       older who has successfully completed a motor vehicle accident
1778       prevention course approved by the Department of Highway Safety
1779       and Motor Vehicles. Any discount used by an insurer is presumed
1780       to be appropriate unless credible data demonstrates otherwise.
1781                Section 3 8.         Subsections ( 1) ,        ( 3) , and ( 6) of section
1782       627.0653, Florida Statutes, are amended to read:
1783                627.0653        Insurance discounts for specified motor vehicle
1784       equipment.-
1785                (1)   Any rates, rating schedules, or rating manuals for the
1786       liability, medical payments personal injury protection, and
1787       collision coverages of a motor vehicle insurance policy filed
1788       with the office must shall provide a premium discount if the
1789       insured vehicle is equipped with factory-installed,                        four-wheel
1790       antilock brakes.
1791                (3)   Any rates, rating schedules, or rating manuals for
1792       personal injury protection coverage and medical payments
1793       coverage, if offered, of a motor vehicle insurance policy filed
1794       with the office must shall provide a premium discount if the
1795       insured vehicle is equipped with one or more air bags that which
1796       are factory installed.
1797                (6)   The Office of Insurance Regulation may approve a
1798       premium discount to any rates, rating schedules, or rating
1799       manuals for the liability, medical payments personal injury
1800       protection, and collision coverages of a motor vehicle insurance

                                                       Page 72 of 117

       CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                                hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020




1801      policy filed with the office if the insured vehicle is equipped
1802      with an automated driving system or electronic vehicle collision
1803      avoidance technology that is factory installed or a retrofitted
1804      system and that complies with National Highway Traffic Safety
1805      Administration standards.
1806               Section 39.           Section 627.4132, Florida Statutes, is amended
1807      to read:
1808               627.4132         Stacking of coverages prohibited.-If an insured
1809      or named insured is protected by any type of motor vehicle
1810      insurance policy for bodily injury and property damage
1811      liability, personal injury protection, or other coverage, the
1812      policy must shall provide that the insured or named insured is
1813      protected only to the extent of the coverage she or he has on
1814      the vehicle involved in the accident. However, if none of the
1815      insured's or named insured's vehicles are -i-fr involved in the
1816      accident, coverage is available only to the extent of coverage
1817      on any one of the vehicles with applicable coverage. Coverage on
1818      any other vehicles may shall not be added to or stacked upon
1819      that coverage. This section does not apply:
1820               (1)    To uninsured motorist coverage that which is
1821      separately governed bys. 627.727.
1822               (2)    To reduce the coverage available by reason of
1823      insurance policies insuring different named insureds.
1824               Section 40.           Section 627.7263, Florida Statutes, is amended
1825      to read:

                                                       Page 73 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
  FLORIDA                         H    O   U   S     E   0   F      R E P R E S E N T A T I V E S



            HB 771                                                                        2020



1826                 627.7263         Rental and leasing driver's insurance to be
1827        primary; exception.-
1828                 (1)    The valid and collectible liability insurance and
182 9       medical payments coverage or personal injury protection
1830        insurance providing coverage for the lessor of a motor vehicle
1831        for rent or lease is primary unless otherwise stated in at least
1832        10-point type on the face of the rental or lease agreement. Such
1833        insurance is primary for the limits of liability and personal
1834        injury protection coverage as required bys. 324.021(7) and the
1835        medical payments coverage limit specified under s. 627.7265 -s-s.-
18 3 6      3 2 4 . 0 21 ( 7 ) and 6 2 7 . 7 3 6 .
1837                 (2)    If the lessee's coverage is to be primary, the rental
1838        or lease agreement must contain the following language, in at
1839        least 10-point type:
1840
1841                 "The valid and collectible liability insurance and
1842                 medical payments coverage personal injury protection
1843                 insurance of an any authorized rental or leasing
1844                 driver is primary for the limits of liability afTEl:
1845                 personal injury protection coverage required under
1846                 section 324.021(7), Florida Statutes, and the medical
1847                 payments coverage limit specified under section
1848                 627.7265 by ss. 324.021(7) and 627.736, Florida
1849                 Statutes."
1850                 Section 41.           Section 627.7265, Florida Statutes, is created

                                                         Page 74 of 117

         CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                         hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020




1851      to read:
1852               627.7265         Motor vehicle insurance; medical payments
1853      coverage.-
1854               (1)    Medical payments coverage must protect the named
1855      insured, resident relatives, persons operating the insured motor
1856      vehicle, passengers in the insured motor vehicle, and persons
1857      who are struck by the insured motor vehicle and suffer bodily
1858      injury while not an occupant of a self-propelled motor vehicle
1859      at a limit of at least $5,000 for medical expense incurred due
1860      to bodily injury, sickness, or disease arising out of the
1861      ownership, maintenance, or use of a motor vehicle. The coverage
1862      must provide an additional death benefit of at least $5,000.
1863               (a)    Before issuing a motor vehicle liability insurance
1864      policy that is furnished as proof of financial responsibility
1865      under s. 324.031, the insurer must offer medical payments
1866      coverage at limits of $5,000 and $10,000. The insurer may also
1867      offer medical payments coverage at any limit greater than
1868      $5,000.
1869               (b)    The medical payments coverage must be offered with an
1870      option with no deductible. The insurer may also offer medical
1871      payments coverage with a deductible not to exceed $500.
1872               (c)    Each motor vehicle liability insurance policy that is
1873      furnished as proof of financial responsibility under s. 324.031
1874      is deemed to have:
1875               1.    Medical payments coverage to a limit of $10,000, unless

                                                       Page 75 of 117

       CODING: Words strisken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                  2020



1876      the insurer obtains the policyholder's written refusal of
1877      medical payments coverage or written selection of medical
1878      payments coverage at a limit other than $10,000. The rejection
1879      or selection of coverage at a limit other than $10,000 must be
1880      made on a form approved by the office.
1881               2.   No medical payments coverage deductible, unless the
1882      insurer obtains the policyholder's written selection of a
1883      deductible of up to $500. The selection of a deductible must be
1884      made on a form approved by the office.
1885               (d)l.     The forms in subparagraphs (c)l. and 2. must fully
1886      advise the applicant of the nature of the coverage being
1887      rejected or the policy limit or deductible being selected. If
1888      the form is signed by a named insured, it is conclusively
1889      presumed that there was an informed, knowing rejection of the
1890      coverage or election of the policy limit or deductible selected.
1891               2.    Unless the policyholder requests in writing the
1892      coverage specified in this section, it need not be provided in
1893      or supplemental to any other policy that renews, insures,
1894      extends, changes, supersedes, or replaces an existing policy if
1895      the policyholder has rejected the coverage specified in this
1896      section or has selected an alternative coverage limit or
1897      deductible. At least annually, the insurer shall provide the
1898      policyholder with a notice of the availability of such coverage
1899      in a form approved by the office. The notice must be part of,
1900      and attached to, the notice of premium and must provide for a

                                                       Page 76 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                               hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



1901      means to allow the insured to request medical payments coverage
1902      at the limits and deductibles required to be offered under this
1903      section. The notice must be given in a manner approved by the
1904      office. Receipt of this notice does not constitute an
1905      affirmative waiver of the insured's right to medical payments
1906      coverage if the insured has not signed a selection or rejection
1907      form.
1908               (e)    This section may not be construed to limit any other
1909      coverage made available by an insurer.
1910               (2)    Upon receiving notice of an accident that is
1911      potentially covered by medical payments coverage benefits, the
1912      insurer must reserve $5,000 of medical payments coverage
1913      benefits for payment to physicians licensed under chapter 458 or
1914      chapter 459 or dentists licensed under chapter 466 who provide
1915      emergency services and care, as defined ins. 395.002, or who
1916      provide hospital inpatient care. The amount required to be held
1917      in reserve may be used only to pay claims from such physicians
1918      or dentists until 30 days after the date the insurer receives
1919      notice of the accident. After the 30-day period, any amount of
1920      the reserve for which the insurer has not received notice of
1921      such claims may be used by the insurer to pay other claims. This
1922      subsection does not require an insurer to establish a claim
1923      reserve for insurance accounting purposes.
1924               (3)    An insurer providing medical payments coverage
1925      benefits may not have a:

                                                       Page 77 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                        2020



192 6               (a)    Lien on any recovery in tort by judgment, settlement,
1927       or otherwise for medical payments coverage benefits, whether
1928       suit has been filed or settlement has been reached without suit;
1929       or
1930                (b)    Cause of action against a person to whom or for whom
1931       medical payments coverage benefits were paid, except when
1932       medical payments coverage benefits are paid by reason of fraud
1933       the person commits.
1934                (4)    An insurer providing medical payments coverage may
1935       include provisions in its policy allowing for subrogation for
1936       medical payments benefits paid if the expenses giving rise to
1937       the payments were caused by the wrongful act or omission of
1938       another who is not also an insured under the policy paying the
1939       medical payments benefits. However, this subrogation right is
1940       inferior to the rights of the injured insured and is available
1941       only after all the insured's damages are recovered and the
1942       insured is made whole. An insured who obtains a recovery from a
1943       third party of the full amount of the damages sustained and
1944       delivers a release or satisfaction that impairs a medical
1945       payments insurer's subrogation right is liable to the insurer
1946       for repayment of medical payments benefits less any expenses of
1947       acquiring the recovery, including a prorated share of attorney
1948       fees and costs, and shall hold that net recovery in trust to be
1949       delivered to the medical payments insurer. The insurer may not
1950       include any provision in its policy allowing for subrogation for

                                                        Page 78 of 117

        CODING: Words striskeA are deletions; words underlined are additions.
                                                                                        hb0771-00
 F     L   O   R      D A       H   O   U   S   E      0   F      REPRESENTATIVES




           HB 771                                                                      2020



1951       any death benefit paid.
1952                Section 42.         Subsections (1) and (7) of section 627.727,
1953       Florida Statutes, are amended to read:
1954                627.727     Motor vehicle insurance; uninsured and
1955       underinsured vehicle coverage; insolvent insurer protection.-
1956                (1)   A Ne motor vehicle liability insurance policy that
1957       which provides bodily injury liability coverage may not shall be
1958       delivered or issued for delivery in this state with respect to
1959       any specifically insured or identified motor vehicle registered
1960       or principally garaged in this state~ unless uninsured motor
1961       vehicle coverage is provided therein or supplemental thereto for
1962       the protection of persons insured thereunder who are legally
1963       entitled to recover damages from owners or operators of
1964       uninsured motor vehicles because of bodily injury, sickness, or
1965       disease, including death, resulting therefrom. However, the
1966       coverage required under this section is not applicable if Wftefi,
1967       or to the extent that, an insured named in the policy makes a
1968       written rejection of the coverage on behalf of all insureds
1969       under the policy. If Wfi.eft a motor vehicle is leased for a period
1970       ~   1 year or longer and the lessor of such vehicle, by the terms
1971       of the lease contract, provides liability coverage on the leased
1972       vehicle, the lessee of such vehicle has shall have the sole
1973       privilege to reject uninsured motorist coverage or to select
1974       lower limits than the bodily injury liability limits, regardless
1975       of whether the lessor is qualified as a self-insurer pursuant to

                                                       Page 79 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                      hb0771-00
 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 771                                                                       2020



1976       s. 324.171. Unless an insured, or~ lessee having the privilege
1977       of rejecting uninsured motorist coverage, requests such coverage
1978       or requests higher uninsured motorist limits in writing, the
1979       coverage or such higher uninsured motorist limits need not be
1980       provided in or supplemental to any other policy that which
1981       renews, extends, changes, supersedes, or replaces an existing
1982       policy with the same bodily injury liability limits when an
1983       insured or lessee had rejected the coverage. When an insured or
1984       lessee has initially selected limits of uninsured motorist
1985       coverage lower than her or his bodily injury liability limits,
1986       higher limits of uninsured motorist coverage need not be
1987       provided in or supplemental to any other policy that which
1988       renews, extends, changes, supersedes, or replaces an existing
1989       policy with the same bodily injury liability limits unless an
1990       insured requests higher uninsured motorist coverage in writing.
1991       The rejection or selection of lower limits must shall be made on
1992       a form approved by the office. The form must shall fully advise
1993       the applicant of the nature of the coverage and must shall state
1994       that the coverage is equal to bodily injury liability limits
1995       unless lower limits are requested or the coverage is rejected.
1996       The heading of the form must shall be in 12-point bold type and
1997       must shall state: "You are electing not to purchase certain
1998       valuable coverage that which protects you and your family or you
1999       are purchasing uninsured motorist limits less than your bodily
2000       injury liability limits when you sign this form. Please read

                                                       Page 80 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020




2001       carefully." If this form is signed by a named insured, it will
2002       be conclusively presumed that there was an informed, knowing
2003       rejection of coverage or election of lower limits on behalf of
2004       all insureds. The insurer shall notify the named insured at
2005       least annually of her or his options as to the coverage required
2006       by this section. Such notice must shall be part of, and attached
2007       to, the notice of premium, must shall provide for a means to
2008       allow the insured to request such coverage, and must shall be
2009       given in a manner approved by the office. Receipt of this notice
2010       does not constitute an affirmative waiver of the insured's right
2011       to uninsured motorist coverage if where the insured has not
2012       signed a selection or rejection form. The coverage described
2013       under this section must shall be over and above, but may shall
2014       not duplicate, the benefits available to an insured under any
2015       workers' compensation law, personal injury protection benefits,
2016       disability benefits law, or similar law; under any automobile
2017       medical payments enpense coverage; under any motor vehicle
2018       liability insurance coverage; or from the owner or operator of
2019       the uninsured motor vehicle or any other person or organization
2020       jointly or severally liable together with such owner or operator
2021       for the accident~T and such coverage must shall cover the
2022       difference, if any, between the sum of such benefits and the
2023       damages sustained, up to the maximum amount of such coverage
2024       provided under this section. The amount of coverage available
2025       under this section may shall not be reduced by a setoff against

                                                       Page 81 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



          HB 771                                                                                  2020



2026      any coverage, including liability insurance. Such coverage does
2027      shall not inure directly or indirectly to the benefit of any
2028      workers' compensation or disability benefits carrier or any
2029      person or organization qualifying as a self-insurer under any
2030      workers' compensation or disability benefits law or similar law.
2031               (7)    The legal liability of an uninsured motorist coverage
2032      insurer includes does not include damages in tort for pain,
2033      suffering, disability or physical impairment, disfigurement,
2034      mental anguish, aH-Ei- inconvenience, and the loss of capacity for
2035      the enjoyment of life experienced in the past and to be
2036      experienced in the future unless the injury or disease is
2037      described in one or more of paragraphs (a)                           (d) of s. 627.737(2).
2038               Section 43.           Subsection (1) and paragraphs (a) and (b) of
2039      subsection (2) of section 627.7275, Florida Statutes, are
2040      amended to read:
2041               627.7275         Motor vehicle liability.-
2042               (1)    A motor vehicle insurance policy providing personal
2043      injury protection as set forth ins. 627.736 may not be
2044      delivered or issued for delivery in this state for a w-i-t-ft
2045      respect to any specifically insured or identified motor vehicle
2046      registered or principally garaged in this state must provide
2047      bodily injury liability coverage and unless the policy also
2048      provides coverage for property damage liability coverage as
2049      required under bys. 324.022.
2050               (2) (a)     Insurers writing motor vehicle insurance in this

                                                       Page 82 of 117

       CODING: Words strisken are deletions; words underlined are additions.
                                                                                                 hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2051      state shall make available, subject to the insurers' usual
2052      underwriting restrictions:
2053               1.    Coverage under policies as described in subsection (1)
2054      to an applicant for private passenger motor vehicle insurance
2055      coverage who is seeking the coverage in order to reinstate the
2056      applicant's driving privileges in this state if the driving
2057      privileges were revoked or suspended pursuant to s. 316.646 or
2058      s. 324.0221 due to the failure of the applicant to maintain
2059      required security.
2060               2.    Coverage under policies as described in subsection (1),
2061      which includes bodily injury also provides liability coverage
2062      and property damage liability coverage, for bodily injury,
2063      death, and property damage arising out of the ownership,
2064      maintenance, or use of the motor vehicle in an amount not less
2065      than the minimum limits required under described ins.
2066      324.021(7) ors. 324.023 and which conforms to the requirements
2067      of s. 324.151, to an applicant for private passenger motor
2068      vehicle insurance coverage who is seeking the coverage in order
2069      to reinstate the applicant's driving privileges in this state
2070      after such privileges were revoked or suspended under s. 316.193
2071      ors. 322.26(2) for driving under the influence.
2072               (b)    The policies described in paragraph (a) must shall be
2073      issued for at least 6 months and, as to the minimum coverages
2074      required under this section, may not be canceled by the insured
2075      for any reason or by the insurer after 60 days, during which

                                                       Page 83 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2076      period the insurer is completing the underwriting of the policy.
2077      After the insurer has completed underwriting the policy, the
2078      insurer shall notify the Department of Highway Safety and Motor
2079      Vehicles that the policy is in full force and effect and is not
2080      cancelable for the remainder of the policy period. A premium
2081      must shall be collected and the coverage is in effect for the
2082      60-day period during which the insurer is completing the
2083      underwriting of the policyL whether or not the person's driver
2084      license, motor vehicle tag, and motor vehicle registration are
2085      in effect. Once the noncancelable provisions of the policy
2086      become effective, the bodily injury liability and property
2087      damage liability coverages for bodily injury, property damage,
2088      and personal injury protection may not be reduced below the
2089      minimum limits required under s. 324.021 ors. 324.023 during
2090      the policy period.
2091               Section 44.           Effective upon this act becoming a law,
2092      section 627.7278, Florida Statutes, is created to read:
2093               627.7278         Applicability and construction; notice to
2094      policyholders.-
2095               (1)    As used in this section, the term "minimum security
2096      requirements" means security that enables a person to respond in
2097      damages for liability on account of crashes arising out of the
2098      ownership, maintenance, or use of a motor vehicle, in the
2099      amounts required bys. 324.021(7).
2100               (2)    Effective January 1, 2021:

                                                       Page 84 of 117

       CODING: Words strisken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2101               (a)    Motor vehicle insurance policies issued or renewed on
2102      or after that date may not include personal injury protection.
2103               (b)    All persons subject to s. 324.022, s. 324.032, s.
2104      627.7415, ors. 627.742 must maintain at least minimum security
2105      requirements.
2106               (c)    Any new or renewal motor vehicle insurance policy
2107      delivered or issued for delivery in this state must provide
2108      coverage that complies with minimum security requirements.
2109               (d)    An existing motor vehicle insurance policy issued
2110      before January 1, 2021, that provides personal injury protection
2111      and property damage liability coverage which meets the
2112      requirements of s. 324.022 on December 31, 2020, but which does
2113      not meet minimum security requirements on or after January 1,
2114      2021, is deemed to meet the security requirements of s. 324.022
2115      until such policy is renewed, nonrenewed, or canceled on or
2116      after January 1, 2021. Sections 400.9905, 400.991, 456.057,
2117      456.072, 626.9541(1) (i), 627.7263, 627.727, 627.730-627.7405,
2118      627.748, and 817.234, Florida Statutes 2019, remain in full
2119      force and effect for motor vehicle accidents covered under a
2120      policy issued under the Florida Motor Vehicle No-Fault Law
2121      before January 1, 2021, until the policy is renewed, nonrenewed,
2122      or canceled on or after January 1, 2021.
2123               (3)    Each insurer shall allow each insured who has a new or
2124      renewal policy providing personal injury protection which
2125      becomes effective before January 1, 2021, and whose policy does

                                                       Page 85 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



2126       not meet minimum security requirements on or after January 1,
2127       2021, to change coverages so as to eliminate personal injury
2128       protection and obtain coverage providing minimum security
2129       requirements, which shall be effective on or after January 1,
2130       2021. The insurer is not required to provide coverage complying
2131       with minimum security requirements in such policies if the
2132       insured does not pay the required premium, if any, by January 1,
2133       2021, or such later date as the insurer may allow. The insurer
2134       must also offer each insured medical payments coverage pursuant
2135       to s. 627.7265. Any reduction in the premium must be refunded by
2136       the insurer. The insurer may not impose on the insured an
2137       additional fee or charge that applies solely to a change in
2138       coverage; however, the insurer may charge an additional required
2139       premium that is actuarially indicated.
2140                ( 4)   By September 1, 2020, each motor vehicle insurer shall
2141       provide notice of this section to each motor vehicle
2142       policyholder who is subject to this section. The notice is
2143       subject to approval by the office and must clearly inform the
2144       policyholder that:
2145                (a)    The Florida Motor Vehicle No-Fault Law is repealed
2146       effective January 1, 2021, and that on or after that date, the
2147       insured is no longer required to maintain personal injury
2148       protection insurance coverage, that personal injury protection
2149       coverage is no longer available for purchase in this state, and
2150       that all new or renewal policies issued on or after that date

                                                       Page 86 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2151      will not contain that coverage.
2152               (b)    Effective January 1, 2021, a person subject to the
2153      financial responsibility requirements of s. 324.022 must
2154      maintain minimum security requirements that enable the person to
2155      respond to damages for liability on account of accidents arising
2156      out of the use of a motor vehicle in the following amounts:
2157               1.    Twenty-five thousand dollars for bodily injury to, or
2158      the death of, one person in any one crash and, subject to such
2159      limits for one person, in the amount of $50,000 for bodily
2160      injury to, or the death of, two or more persons in any one
2161      crash; and
2162               2.    Ten thousand dollars for damage to, or destruction of,
2163      the property of others in any one crash.
2164               (c)    Bodily injury liability coverage protects the insured,
2165      up to the coverage limits, against loss if the insured is
2166      legally responsible for the death of or bodily injury to others
2167      in a motor vehicle accident.
2168               (d)    Effective January 1, 2021, each policyholder of motor
2169      vehicle liability insurance purchased as proof of financial
2170      responsibility must be offered medical payments coverage
2171      benefits that comply withs. 627.7265. The insurer must offer
2172      medical payments coverage at limits of $5,000 and $10,000
2173      without a deductible. The insurer may also offer medical
2174      payments coverage at other limits greater than $5,000, and may
2175      offer coverage with a deductible of up to $500. Medical payments

                                                       Page 87 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020




2176       coverage pays covered medical expenses incurred due to bodily
2177       injury, sickness, or disease arising out of the ownership,
2178       maintenance, or use of the motor vehicle, up to the limits of
2179       such coverage, for injuries sustained in a motor vehicle crash
2180       by the named insured, resident relatives, persons operating the
2181       insured motor vehicle, passengers in the insured motor vehicle,
2182       and persons who are struck by the insured motor vehicle and
2183       suffer bodily injury while not an occupant of a self-propelled
2184       motor vehicle as provided ins. 627.7265. Medical payments
2185       coverage also provides a death benefit of at least $5,000.
2186                (e)   The policyholder may obtain uninsured and underinsured
2187       motorist coverage, which provides benefits, up to the limits of
2188       such coverage, to a policyholder or other insured entitled to
2189       recover damages for bodily injury, sickness, disease, or death
2190       resulting from a motor vehicle accident with an uninsured or
2191       underinsured owner or operator of a motor vehicle.
2192                (f)   If the policyholder's new or renewal motor vehicle
2193       insurance policy is effective before January 1, 2021, and
2194       contains personal injury protection and property damage
2195       liability coverage as required by state law before January 1,
2196       2021, but does not meet minimum security requirements on or
2197       after January 1, 2021, the policy is deemed to meet minimum
2198       security requirements until it is renewed, nonrenewed, or
2199       canceled on or after January 1, 2021.
2200                (g)   A policyholder whose new or renewal policy becomes

                                                       Page 88 of 117

       CODING: Words strisken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2201      effective before January 1, 2021, but does not meet minimum
2202      security requirements on or after January 1, 2021, may change
2203      coverages under the policy so as to eliminate personal injury
2204      protection and to obtain coverage providing minimum security
2205      requirements, including bodily injury liability coverage, which
2206      are effective on or after January 1, 2021.
2207               (h)    If the policyholder has any questions, he or she
2208      should contact the person named at the telephone number provided
2209      in the notice.
2210               Section 45.          Paragraph (a) of subsection (1) of section
2211      627.728, Florida Statutes, is amended to read:
2212               627.728       Cancellations; nonrenewals.-
2213               (1)    As used in this section, the term:
2214               (a)    "Policy" means the bodily injury and property damage
2215      liability, personal injury proteetion, medical payments,
2216      comprehensive, collision, and uninsured motorist coverage
2217      portions of a policy of motor vehicle insurance delivered or
2218      issued for delivery in this state:
2219               1.    Insuring a natural person as named insured or one or
2220      more related individuals who are residents resident of the same
2221      household; and
2222               2.    Insuring only a motor vehicle of the private passenger
2223      type or station wagon type which is not used as a public or
2224      livery conveyance for passengers or rented to others; or
2225      insuring any other four-wheel motor vehicle having a load

                                                       Page 89 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      REPRESENTATIVES




          HB 771                                                                        2020




2226      capacity of 1,500 pounds or less which is not used in the
2227      occupation, profession, or business of the insured other than
2228      farming; other than any policy issued under an automobile
2229      insurance assigned risk plan or covering garage, automobile
2230      sales agency, repair shop, service station, or public parking
2231      place operation hazards.
2232
2233      The term "policy" does not include a binder as defined ins.
2234      627.420 unless the duration of the binder period exceeds 60
2235      days.
2236               Section 46.           Subsection (1), paragraph (a) of subsection
2237       (5), and subsections (6) and (7) of section 627.7295, Florida
2238      Statutes, are amended to read:
2239               627.7295         Motor vehicle insurance contracts.-
2240               (1)    As used in this section, the term:
2241               (a}    "Policy" means a motor vehicle insurance policy that
2242      provides bodily injury liability personal injury protection
2243      coverage and7 property damage liability coverage, or both.
2244               (b}    "Binder" means a binder that provides motor vehicle
2245      bodily injury liability coverage personal injury protection and
2246      property damage liability coverage.
2247               (5) (a)     A licensed general lines agent may charge a per-
2248      policy fee of up to not to exceed $10 to cover the
2249      administrative costs of the agent associated with selling the
2250      motor vehicle insurance policy if the policy covers only bodily

                                                       Page 90 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



2251       injury liability coverage personal injury protection coverage as
2252       provided bys. 627.736 and property damage liability coverage as
                                                            •
2253       provided bys. 627.7275 and if no other insurance is sold or
2254       issued in conjunction with or collateral to the policy. The fee
2255       is not considered part of the premium.
2256                ( 6)    If a motor vehicle owner's driver license, license
2257       plate, and registration have previously been suspended pursuant
2258       to s. 316.646 ors. 627.733, an insurer may cancel a new policy
2259       only as provided ins. 627.7275.
2260                (7)    A policy of private passenger motor vehicle insurance
2261       or a binder for such a policy may be initially issued in this
2262       state only if, before the effective date of such binder or
2263       policy, the insurer or agent has collected from the insured an
2264       amount equal to at least 1 month's premium. An insurer, agent,
2265       or premium finance company may not, directly or indirectly, take
2266       any action that results resulting in the insured paying having
2267       ~        from the insured's own funds an amount less than the 1
2268       month's premium required by this subsection. This subsection
2269       applies without regard to whether the premium is financed by a
2270       premium finance company or is paid pursuant to a periodic
2271       payment plan of an insurer or an insurance agent.
2272                M      This subsection does not apply_£_
2273                1.     If an insured or member of the insured's family is
2274       renewing or replacing a policy or a binder for such policy
2275       written by the same insurer or a member of the same insurer

                                                       Page 91 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2276      group. This subsection docs not apply
2277               2.      To an insurer that issues private passenger motor
2278      vehicle coverage primarily to active duty or former military
2279      personnel or their dependents. This subsection docs not apply
2280               3.      If all policy payments are paid pursuant to a payroll
2281      deduction plan, an automatic electronic funds transfer payment
2282      plan from the policyholder, or a recurring credit card or debit
2283      card agreement with the insurer.
2284               J.EJ_    This subsection and subsection (4) do not apply if~
2285               1.      All policy payments to an insurer are paid pursuant to
2286      an automatic electronic funds transfer payment plan from an
2287      agent, a managing general agent, or a premium finance company
2288      and if the policy includes, at a minimum, bodily injury
2289      liability coverage and personal injury protection pursuant to
2290      ss. 627.730 627.7405; ffiotor vehicle property damage liability
2291      coverage pursuant to s. 627.7275; or and bodily injury liability
2292      in at least the affiount of $10,000 because of bodily injury to,
2293      or death of, one person in any one accident and in the affiount of
2294      $20,000 because of bodily injury to, or death of, two or ffiorc
2295      persons in any one accident. This subsection and subsection (4)
2296      do not apply if
2297               2.      An insured has had a policy in effect for at least 6
2298      months, the insured's agent is terminated by the insurer that
2299      issued the policy, and the insured obtains coverage on the
2300      policy's renewal date with a new company through the terminated

                                                       Page 92 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020




2301      agent.
2302               Section 47.           Section 627.7415, Florida Statutes, is amended
2303      to read:
2304               627.7415         Commercial motor vehicles; additional liability
2305      insurance coverage.-Beginning January 1, 2021, commercial motor
2306      vehicles, as defined ins. 207.002 ors. 320.01, operated upon
2307      the roads and highways of this state must shall be insured with
2308      the following minimum levels of combined bodily liability
2309      insurance and property damage liability insurance in addition to
2310      any other insurance requirements:
2311               (1)    Sixty Fifty thousand dollars per occurrence for a
2312      commercial motor vehicle with a gross vehicle weight of 26,000
2313      pounds or more, but less than 35,000 pounds.
2314               (2)    One hundred twenty thousand dollars per occurrence for
2315      a commercial motor vehicle with a gross vehicle weight of 35,000
2316      pounds or more, but less than 44,000 pounds.
2317               (3)    Three hundred thousand dollars per occurrence for a
2318      commercial motor vehicle with a gross vehicle weight of 44,000
2319      pounds or more.
2320               (4)    All commercial motor vehicles subject to regulations
2321      of the United States Department of Transportation, 49 C.F.R.
2322      part 387, subpart A, and as may be hereinafter amended, shall be
2323      insured in an amount equivalent to the minimum levels of
2324      financial responsibility as set forth in such regulations.
2325

                                                       Page 93 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2326      A violation of this section is a noncriminal traffic infraction,
2327      punishable as a nonmoving violation as provided in chapter 318.
2328               Section 48.          Section 627.747, Florida Statutes, is created
2329      to read:
2330               627.747      Named driver exclusion.-
2331               (1)    A private passenger motor vehicle policy may exclude
2332      an identified individual from the following coverages while the
2333      identified individual is operating a motor vehicle, provided
2334      that the identified individual is specifically excluded by name
2335      on the declarations page or by endorsement, and the policyholder
2336      consents in writing to the exclusion:
2337               (a)    Property damage liability coverage.
2338               (b)    Bodily injury liability coverage.
2339               (c)    Uninsured motorist coverage for any damages sustained
2340      by the identified excluded individual, if the policyholder has
2341      purchased such coverage.
2342               (d)    Any coverage the policyholder is not required by law
2343      to purchase.
2344               (2)    A private passenger motor vehicle policy may not
2345      exclude coverage when:
2346               (a)    The identified excluded individual is injured while
2347      not operating a motor vehicle;
2348               (b)    The exclusion is unfairly discriminatory under the
2349      Florida Insurance Code, as determined by the office; or
2350               (c)    The exclusion is inconsistent with the underwriting

                                                       Page 94 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                             2020



2351      rules filed by the insurer pursuant to s. 627. 0 651 ( 13) (a) .
2352               Section 49.          Paragraphs (b),          (c), and (g) of subsection (7)
2353      and paragraphs (a) and (b) of subsection (8) of section 627.748,
2354      Florida Statutes, are amended to read:
2355               627.748       Transportation network companies.-
2356               (7)    TRANSPORTATION NETWORK COMPANY AND TNC DRIVER
2357      INSURANCE REQUIREMENTS.-
2358               (b)    The following automobile insurance requirements apply
2359      while a participating TNC driver is logged on to the digital
2360      network but is not engaged in a prearranged ride:
2361               1.    Automobile insurance that provides:
2362               a.    A primary automobile liability coverage of at least
2363      $50,000 for death and bodily injury per person, $100,000 for
2364      death and bodily injury per incident, and $25,000 for property
2365      damage; and
2366               b.    Personal injury protection benefits that ffieet the
2367      ffiiniffiuffi coverage affiounts required under ss. 627.730 627.740§;
2368      afi€t
2369               e-.   Uninsured and underinsured vehicle coverage as required
2370      bys. 627.727.
2371               2.    The coverage requirements of this paragraph may be
2372      satisfied by any of the following:
2373               a.    Automobile insurance maintained by the TNC driver;
2374               b.    Automobile insurance maintained by the TNC; or
2375               c.    A combination of sub-subparagraphs a. and b.

                                                       Page 95 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                            hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                  2020



2376               (c)     The following automobile insurance requirements apply
2377      while a TNC driver is engaged in a prearranged ride:
2378               1.     Automobile insurance that provides:
2379               a.     A primary automobile liability coverage of at least $1
2380      million for death, bodily injury, and property damage; and
2381               b.     Personal injury protection benefits that ffieet the
2382      ffiiniffiuffi coverage affiounto required of a liffiouoine under so.
2383      627.730 627.7405; and
2384               e-.-   Uninsured and underinsured vehicle coverage as required
2385      bys. 627.727.
2386               2.     The coverage requirements of this paragraph may be
2387      satisfied by any of the following:
2388               a.     Automobile insurance maintained by the TNC driver;
2389               b.     Automobile insurance maintained by the TNC; or
2390               c.     A combination of sub-subparagraphs a. and b.
2391               (g)     Insurance satisfying the requirements under this
2392      subsection is deemed to satisfy the financial responsibility
2393      requirement for a motor vehicle under chapter 324 and the
2394      security required under o. 627.733 for any period when the TNC
2395      driver is logged onto the digital network or engaged in a
2396      prearranged ride.
2397               (8)     TRANSPORTATION NETWORK COMPANY AND INSURER;
2398      DISCLOSURE; EXCLUSIONS.-
2399               (a)     Before a TNC driver is allowed to accept a request for
2400      a prearranged ride on the digital network, the TNC must disclose

                                                       Page 96 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                 hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2401      in writing to the TNC driver:
2402               1.    The insurance coverage, including the types of coverage
2403      and the limits for each coverage, which the TNC provides while
2404      the TNC driver uses a TNC vehicle in connection with the TNC's
2405      digital network.
2406               2.    That the TNC driver's own automobile insurance policy
2407      might not provide any coverage while the TNC driver is logged on
2408      to the digital network or is engaged in a prearranged ride,
2409      depending on the terms of the TNC driver's own automobile
2410      insurance policy.
2411               3.   That the provision of rides for compensation which are
2412      not prearranged rides subjects the driver to the coverage
2413      requirements imposed under s. 324.032(1) and (2) and that
2414      failure to meet such coverage requirements subjects the TNC
2415      driver to penalties provided ins. 324.221, up to and including
2416      a misdemeanor of the second degree.
2417               (b)l.     An insurer that provides an automobile liability
2418      insurance policy under this part may exclude any and all
2419      coverage afforded under the policy issued to an owner or
2420      operator of a TNC vehicle while driving that vehicle for any
2421      loss or injury that occurs while a TNC driver is logged on to a
2422      digital network or while a TNC driver provides a prearranged
2423      ride. Exclusions imposed under this subsection are limited to
2424      coverage while a TNC driver is logged on to a digital network or
2425      while a TNC driver provides a prearranged ride. This right to

                                                       Page 97 of 117

       CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020




2426       exclude all coverage may apply to any coverage included in an
2427       automobile insurance policy, including, but not limited to:
2428                a.    Liability coverage for bodily injury and property
2429       damage;
2430                b.    Uninsured and underinsured motorist coverage;
2431                c.    Medical payments coverage;
2432                d.    Comprehensive physical damage coverage; and
2433                e.    Collision physical damage coverage; and
2434                f.    Personal injury protection.
2435                2.    The exclusions described in subparagraph 1. apply
2436       notwithstanding any requirement under chapter 324. These
2437       exclusions do not affect or diminish coverage otherwise
2438       available for permissive drivers or resident relatives under the
2439       personal automobile insurance policy of the TNC driver or owner
2440       of the TNC vehicle who are not occupying the TNC vehicle at the
2441       time of loss. This section does not require that a personal
2442       automobile insurance policy provide coverage while the TNC
2443       driver is logged on to a digital network, while the TNC driver
2444       is engaged in a prearranged ride, or while the TNC driver
2445       otherwise uses a vehicle to transport riders for compensation.
2446                3.    This section must not be construed to require an
2447       insurer to use any particular policy language or reference to
2448       this section in order to exclude any and all coverage for any
2449       loss or injury that occurs while a TNC driver is logged on to a
2450       digital network or while a TNC driver provides a prearranged

                                                       Page 98 of 117

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020




2451      ride.
2452               4.     This section does not preclude an insurer from
2453      providing primary or excess coverage for the TNC driver's
2454      vehicle by contract or endorsement.
2455               Section 50.           Paragraph (a) of subsection (2) of section
2456      627.749, Florida Statutes, is amended to read:
2457               627.749      Autonomous vehicles; insurance requirements.-
2458               (2)     INSURANCE REQUIREMENTS.-
2459               (a)    A fully autonomous vehicle with the automated driving
2460      system engaged while logged on to an on-demand autonomous
2461      vehicle network or engaged in a prearranged ride must be covered
2462      by a policy of automobile insurance which provides:
2463               1.     Primary liability coverage of at least $1 million for
2464      death, bodily injury, and property damage.
2465               2.     Personal injury protection benefits that meet the
2466      minimum coverage amounts required under ss. 627.730 627.7405.
2467               -3-.   Uninsured and underinsured vehicle coverage as required
2468      bys. 627.727.
2469               Section 51.           Section 627.8405, Florida Statutes, is amended
2470      to read:
2471               627.8405         Prohibited acts; financing companies.-~ Ne
2472      premium finance company shall, in a premium finance agreement or
2473      other agreement, may not finance the cost of or otherwise
2474      provide for the collection or remittance of dues, assessments,
2475      fees, or other periodic payments of money for the cost of:

                                                       Page 99 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                          2020



2476                ( 1)   A membership in an automobile club.                 The term
2477       "automobile club" means a legal entity that which, in
2478       consideration of dues, assessments, or periodic payments of
2479       money, promises its members or subscribers to assist them in
2480       matters relating to the ownership, operation, use, or
2481       maintenance of a motor vehicle; however, the term '8H:-S-
2482       definition of "automobile club" does not include persons,
2483       associations, or corporations which are organized and operated
2484       solely for the purpose of conducting, sponsoring, or sanctioning
2485       motor vehicle races, exhibitions, or contests upon racetracks,
2486       or upon racecourses established and marked as such for the
2487       duration of such particular events. The term words "motor
2488       vehicle" used herein has fl-a¥€- the same meaning as defined in
2489       chapter 320.
2490                (2)    An accidental death and dismemberment policy sold in
2491       combination with a policy providing only bodily injury liability
2492       coverage personal injury protection and property damage
2493       liability coverage only policy.
2494                (3)    Any product not regulated under the provisions of this
2495       insurance code.
2496
2497       This section also applies to premium financing by any insurance
2498       agent or insurance company under part XVI. The commission shall
2499       adopt rules to assure disclosure, at the time of sale, of
2500       coverages financed with personal injury protection and shall

                                                      Page 100 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                          hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          HB 771                                                                      2020



2501      prescribe the form of such disclosure.
2502               Section 52.          Subsection (1) of section 627.915, Florida
2503      Statutes, is amended to read:
2504               627.915       Insurer experience reporting.-
2505               (1)    Each insurer transacting private passenger automobile
2506      insurance in this state shall report certain information
2507      annually to the office. The information will be due on or before
2508      July 1 of each year. The information must shall be divided into
2509      the following categories: bodily injury liability; property
2510      damage liability; uninsured motorist; personal injury protection
2511      benefits, medical payments; and comprehensive and collision. The
2512      information given must shall be on direct insurance writings in
2513      the state alone and shall represent total limits data. The
2514      information set forth in paragraphs (a)-(f) is applicable to
2515      voluntary private passenger and Joint Underwriting Association
2516      private passenger writings and must shall be reported for each
2517      of the latest 3 calendar-accident years, with an evaluation date
2518      of March 31 of the current year. The information set forth in
2519      paragraphs (g)-(j) is applicable to voluntary private passenger
2520      writings and must shall be reported on a calendar-accident year
2521      basis ultimately seven times at seven different stages of
2522      development.
2523               (a)    Premiums earned for the latest 3 calendar-accident
2524      years.
2525               (b)    Loss development factors and the historic development

                                                      Page 101 of 117

       CODING: Words strickeR are deletions; words underlined are additions.
                                                                                     hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2526      of those factors.
2527               (c}    Policyholder dividends incurred.
2528               (d}    Expenses for other acquisition and general expense.
2529               (e}    Expenses for agents' commissions and taxes, licenses,
2530      and fees.
2531               (f}    Profit and contingency factors as utilized in the
2532      insurer's automobile rate filings for the applicable years.
2533               (g}    Losses paid.
2534               (h}    Losses unpaid.
2535               (i}    Loss adjustment expenses paid.
2536               (j)    Loss adjustment expenses unpaid.
2537               Section 53.          Subsections (2) and (3) of section 628.909,
2538      Florida Statutes, are amended to read:
2539               628.909      Applicability of other laws.-
2540               (2)    The following provisions of the Florida Insurance Code
2541      apply to captive insurance companies that Wfte are not industrial
2542      insured captive insurance companies to the extent that such
2543      provisions are not inconsistent with this part:
2544               (a}    Chapter 624, except for ss. 624.407, 624.408,
2545      624.4085, 624.40851, 624.4095, 624.411, 624.425, and 624.426.
2546               (b}    Chapter 625, part II.
2547               (c}    Chapter 626, part IX.
2548               (d}    Sections 627.730 627.7405, when no fault coverage is
2549      provided.
2550               -+et   Chapter 628.

                                                      Page 102 of 117

       CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                                  2020



2551               (3)    The following provisions of the Florida Insurance Code
2552      shall apply to industrial insured captive insurance companies to
2553      the extent that such provisions are not inconsistent with this
2554      part:
2555               (a)    Chapter 624, except for ss. 624.407, 624.408,
2556      624. 4085,      624. 40851,       624. 4095, 624. 411, 624. 425,       624. 426, and
2557      624.609(1).
2558               (b)    Chapter 625, part II, if the industrial insured
2559      captive insurance company is incorporated in this state.
2560               (c)    Chapter 626, part IX.
2561               (d)    Sections 627.730 627.740§ when no fault coverage is
2562      provided.
2563               -te+   Chapter 628, except for ss. 628.341,                 628.351, and
2564      628.6018.
2565               Section 54.          Subsections (2),           (6), and (7) of section
2566      705.184, Florida Statutes, are amended to read:
2567               705.184       Derelict or abandoned motor vehicles on the
2568      premises of public-use airports.-
2569               (2)    The airport director or the director's designee shall
2570      contact the Department of Highway Safety and Motor Vehicles to
2571      notify that department that the airport has possession of the
2572      abandoned or derelict motor vehicle and to determine the name
2573      and address of the owner of the motor vehicle, the insurance
2574      company insuring the motor vehicle, notwithstanding the
2575      provisions of s. 627.736, and any person who has filed a lien on

                                                      Page 103 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                                 hb0771-00
 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 771                                                                           2020



2576       the motor vehicle. Within 7 business days after receipt of the
2577       information, the director or the director's designee shall send
2578       notice by certified mail, return receipt requested, to the owner
2579       of the motor vehicle, the insurance company insuring the motor
2580       vehicle, notwithstanding the provisions of s. 627.736, and all
2581       persons of record claiming a lien against the motor vehicle. The
2582       notice must shall state the fact of possession of the motor
2583       vehicle, that charges for reasonable towing, storage, and
2584       parking fees,         if any, have accrued and the amount thereof, that
2585       a lien as provided in subsection (6) will be claimed, that the
2586       lien is subject to enforcement pursuant to law, that the owner
2587       or lienholder, if any, has the right to a hearing as set forth
2588       in subsection (4), and that any motor vehicle which, at the end
2589       of 30 calendar days after receipt of the notice, has not been
2590       removed from the airport upon payment in full of all accrued
2591       charges for reasonable towing, storage, and parking fees, if
2592       any, may be disposed of as provided in s. 705.182 (2) (a),               (b),
2593       (d), or (e), including, but not limited to, the motor vehicle
2594       being sold free of all prior liens after 35 calendar days after
2595       the time the motor vehicle is stored if any prior liens on the
2596       motor vehicle are more than 5 years of age or after 50 calendar
2597       days after the time the motor vehicle is stored if any prior
2598       liens on the motor vehicle are 5 years of age or less.
2599                (6)   The airport pursuant to this section or, if used, a
2600       licensed independent wrecker company pursuant to s. 713.78 shall

                                                      Page 104 of 117

       CODING: Words striekeA are deletions; words underlined are additions.
                                                                                           hb0771-00
 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 771                                                                           2020



2601       have a lien on an abandoned or derelict motor vehicle for all
2602       reasonable towing, storage, and accrued parking fees,                 if any,
2603       except that no storage fee may shall be charged if the motor
2604       vehicle is stored less than 6 hours. As a prerequisite to
2605       perfecting a lien under this section, the airport director or
2606       the director's designee must serve a notice in accordance with
2607       subsection (2) on the owner of the motor vehicle, the insurance
2608       company insuring the motor vehicle, notwithstanding the
2609       provisions of s. 627.736, and all persons of record claiming a
2610       lien against the motor vehicle. If attempts to notify the owner,
2611       the insurance company insuring the motor vehicle,
2612       notwithstanding the provisions of s. 627.736, or lienholders are
2613       not successful, the requirement of notice by mail shall be
2614       considered met. Serving of the notice does not dispense with
2615       recording the claim of lien.
2616                ( 7) (a)   For the purpose of perfecting its lien under this
2617       section, the airport shall record a claim of lien which states
2618       shall state:
2619                1.    The name and address of the airport.
2620                2.    The name of the owner of the motor vehicle, the
2621       insurance company insuring the motor vehicle, notwithstanding
2622       the provisions of s. 627.736, and all persons of record claiming
2623       a lien against the motor vehicle.
2624                3.    The costs incurred from reasonable towing, storage, and
2625       parking fees,         if any.

                                                      Page 105 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                           hb0771-00
 FLORIDA                         H   O   U    S   E      0   F     REPRESENTATIVES




           HB 771                                                                                   2020



2 626               4.    A description of the motor vehicle sufficient for
2627       identification.
2628                (b)    The claim of lien must shall be signed and sworn to or
2629       affirmed by the airport director or the director's designee.
2630                (c)    The claim of lien is shall be sufficient if it is in
2631       substantially the following form:
2632
2633                                                  CLAIM OF LIEN
2634       State of ....... .
2635       County of ....... .
2636       Before me, the undersigned notary public, personally appeared
2637       . . . . . . . . , who was duly sworn and says that he/she is the
2638       . . . . . . . . of . . . . . . . . . . . . , whose address is . . . . . . . . ; and that the
2639       following described motor vehicle:
2640       ... (Description of motor vehicle) ...
2641       owned by ........ , whose address is . . . . . . . . , has accrued
2642       $ ••••••••      in fees for a reasonable tow,                   for storage, and for
2643       parking, if applicable; that the lienor served its notice to the
2644       owner, the insurance company insuring the motor vehicle
2645       notwithstanding the provisions of s. 627.736, Florida Statutes,
2646       and all persons of record claiming a lien against the motor
2647       vehicle on .... ,                 (year) ... , by . . . . . . . . .
2648       ... (Signature) .. .
2649       Sworn to (or affirmed) and subscribed before me this .... day of
2650       .... ,         (year) ... , by             (name of person making statement) ....

                                                        Page 106 of 117

        CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                                   hb0771-00
  FLORIDA                         H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



            HB 771                                                                        2020



2651        ... (Signature of Notary Public) ...... (Print, Type, or Stamp
2652        Commissioned name of Notary Public) .. .
2653        Personally Known .... OR Produced .... as identification.
2654
2655        However, the negligent inclusion or omission of any information
2656        in this claim of lien which does not prejudice the owner does
2657        not constitute a default that operates to defeat an otherwise
2658        valid lien.
2659                 (d)    The claim of lien must shall be served on the owner of
2660        the motor vehicle, the insurance company insuring the motor
2661        vehicle, notwithstanding the provisions of s. 627.736, and all
2662        persons of record claiming a lien against the motor vehicle. If
2663        attempts to notify the owner, the insurance company insuring the
2664        motor vehicle notwithstanding the provisions of s. 627.736, or
2665        lienholders are not successful, the requirement of notice by
2666        mail shall be considered met. The claim of lien must shall be so
2667        served before recordation.
2668                 (e)    The claim of lien must shall be recorded with the
2669        clerk of court in the county where the airport is located. The
2670        recording of the claim of lien shall be constructive notice to
2671        all persons of the contents and effect of such claim. The lien
2672        attaches shall attach at the time of recordation and takes shall
2 67 3      ~        priority as of that time.
2674                 Section 55.          Subsection (4) of section 713.78, Florida
2675        Statutes, is amended to read:

                                                        Page 107 of 117

         CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                         hb0771-00
 F     L   O   R      D A        H   O   U   S   E      0   F      REPRESENTATIVES




           HB 771                                                                   2020



2676                713.78      Liens for recovering, towing, or storing vehicles
2677       and vessels.-
2678                (4) (a)     A person regularly engaged in the business of
267 9      recovering, towing, or storing vehicles or vessels who comes
2680       into possession of a vehicle or vessel pursuant to subsection
2681        (2), and who claims a lien for recovery, towing, or storage
2682       services, shall give notice, by certified mail, to the
2683       registered owner, the insurance company insuring the vehicle
2684       notwithstanding s. 627.736, and all persons claiming a lien
2685       thereon, as disclosed by the records in the Department of
2686       Highway Safety and Motor Vehicles or as disclosed by the records
2687       of any corresponding agency in any other state in which the
2688       vehicle is identified through a records check of the National
2689       Motor Vehicle Title Information System or an equivalent
2690       commercially available system as being titled or registered.
2691                (b)    Whenever a law enforcement agency authorizes the
2692       removal of a vehicle or vessel or whenever a towing service,
2693       garage, repair shop, or automotive service, storage, or parking
2694       place notifies the law enforcement agency of possession of a
2695       vehicle or vessel pursuant to s. 715. 07 ( 2) (a) 2., the law
2696       enforcement agency of the jurisdiction where the vehicle or
2697       vessel is stored shall contact the Department of Highway Safety
2698       and Motor Vehicles, or the appropriate agency of the state of
2699       registration, if known, within 24 hours through the medium of
2700       electronic communications, giving the full description of the

                                                       Page 108 of 117

        CODING: Words striskeA are deletions; words underlined are additions.
                                                                                hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2701      vehicle or vessel. Upon receipt of the full description of the
2702      vehicle or vessel, the department shall search its files to
2703      determine the owner's name, the insurance company insuring the
2704      vehicle or vessel, and whether any person has filed a lien upon
2705      the vehicle or vessel as provided ins. 319.27(2) and (3) and
2706      notify the applicable law enforcement agency within 72 hours.
2707      The person in charge of the towing service, garage, repair shop,
2708      or automotive service, storage, or parking place shall obtain
2709      such information from the applicable law enforcement agency
2710      within 5 days after the date of storage and shall give notice
2711      pursuant to paragraph (a). The department may release the
2712      insurance company information to the requestor notwithstanding
2713      s.   627.736.
2714               (c)    The notice of lien must be sent by certified mail to
2715      the registered owner, the insurance company insuring the vehicle
2716      notwithstanding o. 627.736, and all other persons claiming a
2717      lien thereon within 7 business days, excluding Saturday and
2718      Sunday, after the date of storage of the vehicle or vessel.
2719      However, in no event shall the notice of lien be sent less than
2720      30 days before the sale of the vehicle or vessel. The notice
2721      must state:
2722               1.    If the claim of lien is for a vehicle, the last 8
2723      digits of the vehicle identification number of the vehicle
2724      subject to the lien, or, if the claim of lien is for a vessel,
2725      the hull identification number of the vessel subject to the

                                                      Page 109 of 117

       CODING: Words striekeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



2726       lien, clearly printed in the delivery address box and on the
2727       outside of the envelope sent to the registered owner and all
2728       other persons claiming an interest therein or lien thereon.
2729                2.    The name, physical address, and telephone number of the
2730       lienor, and the entity name, as registered with the Division of
2731       Corporations, of the business where the towing and storage
2732       occurred, which must also appear on the outside of the envelope
2733       sent to the registered owner and all other persons claiming an
2734       interest in or lien on the vehicle or vessel.
2735                3.    The fact of possession of the vehicle or vessel.
2736                4.    The name of the person or entity that authorized the
2737       lienor to take possession of the vehicle or vessel.
2738                5.    That a lien as provided in subsection (2) is claimed.
2739                6.    That charges have accrued and include an itemized
2740       statement of the amount thereof.
2741                7.    That the lien is subject to enforcement under law and
2742       that the owner or lienholder, if any, has the right to a hearing
2743       as set forth in subsection (5).
2744                8.    That any vehicle or vessel that remains unclaimed, or
2745       for which the charges for recovery, towing, or storage services
2746       remain unpaid, may be sold free of all prior liens 35 days after
2747       the vehicle or vessel is stored by the lienor if the vehicle or
2748       vessel is more than 3 years of age or 50 days after the vehicle
2749       or vessel is stored by the lienor if the vehicle or vessel is 3
2750       years of age or less.

                                                      Page 110 of 117

       CODING: Words striekeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2751               9.    The address at which the vehicle or vessel is
2752      physically located.
2753               (d)    The notice of lien may not be sent to the registered
2754      owner, the insurance company insuring the vehicle or vessel, and
2755      all other persons claiming a lien thereon less than 30 days
2756      before the sale of the vehicle or vessel.
2757               (e)    If attempts to locate the name and address of the
2758      owner or lienholder prove unsuccessful, the towing-storage
2759      operator shall, after 7 business days, excluding Saturday and
2760      Sunday, after the initial tow or storage, notify the public
2761      agency of jurisdiction where the vehicle or vessel is stored in
2762      writing by certified mail or acknowledged hand delivery that the
2763      towing-storage company has been unable to locate the name and
2764      address of the owner or lienholder and a physical search of the
2765      vehicle or vessel has disclosed no ownership information and a
2766      good faith effort has been made, including records checks of the
2767      Department of Highway Safety and Motor Vehicles database and the
2768      National Motor Vehicle Title Information System or an equivalent
2769      commercially available system. For purposes of this paragraph
2770      and subsection (9), the term "good faith effort" means that the
2771      following checks have been performed by the company to establish
2772      the prior state of registration and for title:
2773               1.    A check of the department's database for the owner and
2774      any lienholder.
2775               2.    A check of the electronic National Motor Vehicle Title

                                                      Page 111 of 117

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2776      Information System or an equivalent commercially available
2777      system to determine the state of registration when there is not
2778      a current registration record for the vehicle or vessel on file
2779      with the department.
2780               3.   A check of the vehicle or vessel for any type of tag,
2781      tag record, temporary tag, or regular tag.
2782               4.   A check of the law enforcement report for a tag number
2783      or other information identifying the vehicle or vessel, if the
2784      vehicle or vessel was towed at the request of a law enforcement
2785      officer.
2786               5.   A check of the trip sheet or tow ticket of the tow
2787      truck operator to determine whether a tag was on the vehicle or
2788      vessel at the beginning of the tow, if a private tow.
2789               6.    If there is no address of the owner on the impound
2790      report, a check of the law enforcement report to determine
2791      whether an out-of-state address is indicated from driver license
2792      information.
2793               7.   A check of the vehicle or vessel for an inspection
2794      sticker or other stickers and decals that may indicate a state
2795      of possible registration.
2796               8.   A check of the interior of the vehicle or vessel for
2797      any papers that may be in the glove box, trunk, or other areas
2798      for a state of registration.
2799               9.   A check of the vehicle for a vehicle identification
2800      number.

                                                      Page 112 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                                   2020



2801               10.    A check of the vessel for a vessel registration
2802      number.
2803               11.    A check of the vessel hull for a hull identification
2804      number which should be carved, burned, stamped, embossed, or
2805      otherwise permanently affixed to the outboard side of the
2806      transom or, if there is no transom, to the outmost seaboard side
2807      at the end of the hull that bears the rudder or other steering
2808      mechanism.
2809               Section 56.          Paragraph (a) of subsection (1), paragraph (c)
2810      of subsection ( 7) , paragraphs (a) ,                    (b) , and ( c) of subsection
2811       (8), and subsections (9) and (10) of section 817.234, Florida
2812      Statutes, are amended to read:
2813               817.234       False and fraudulent insurance claims.-
2814               (1) (a)     A person commits insurance fraud punishable as
2815      provided in subsection (11) if that person, with the intent to
2816      injure, defraud, or deceive any insurer:
2817               1.    Presents or causes to be presented any written or oral
2818      statement as part of, or in support of, a claim for payment or
2819      other benefit pursuant to an insurance policy or a health
2820      maintenance organization subscriber or provider contract,
2821      knowing that such statement contains ttftY false,                     incomplete, or
2822      misleading information concerning any fact or thing material to
2823      such claim;
2824               2.    Prepares or makes any written or oral statement that is
2825      intended to be presented to an ttftY insurer in connection with,

                                                      Page 113 of 117

       CODING: Words stFieken are deletions; words underlined are additions.
                                                                                                  hb0771-00
 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 771                                                                       2020



2826       or in support of, any claim for payment or other benefit
2827       pursuant to an insurance policy or a health maintenance
2828       organization subscriber or provider contract, knowing that such
2829       statement contains aftY false,                  incomplete, or misleading
2830       information concerning any fact or thing material to such claim;
2831                3.a.       Knowingly presents, causes to be presented, or
2832       prepares or makes with knowledge or belief that it will be
2833       presented to an aftY insurer, purported insurer, servicing
2834       corporation, insurance broker, or insurance agent, or any
2835       employee or agent thereof, aftY false, incomplete, or misleading
2836       information or~ written or oral statement as part of, or in
2837       support of, an application for the issuance of, or the rating
2838       of, any insurance policy, or a health maintenance organization
2839       subscriber or provider contract; or
2840                b.     Knowingly conceals information concerning any fact
2841       material to such application; or
2842                4.     Knowingly presents, causes to be presented, or prepares
2843       or makes with knowledge or belief that it will be presented to
2844       any insurer a claim for payment or other benefit under medical
2845       payments coverage in a motor vehicle a personal injury
2846       protection insurance policy if the person knows that the payee
2847       knowingly submitted a false, misleading, or fraudulent
2848       application or other document when applying for licensure as a
2849       health care clinic, seeking an exemption from licensure as a
2850       health care clinic, or demonstrating compliance with part X of

                                                      Page 114of 117

       CODING: Words strioken are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020



2851      chapter 400.
2852               (7)

2853               (c)    An insurer, or any person acting at the direction of
2854      or on behalf of an insurer, may not change an opinion in a
2855      mental or physical report prepared under s. 627.736(7) or direct
2856      the physician preparing the report to change such opinion;
2857      however, this provision does not preclude the insurer from
2858      calling to the attention of the physician errors of fact in the
2859      report based upon information in the claim file. Any person who
2860      violates this paragraph coffiffiits a felony of the third degree,
2861      punishable as provided ins. 775.082, s. 775.083, ors. 775.084.
2862               (8) (a)     It is unlawful for any person intending to defraud
2863      any other person to solicit or cause to be solicited any
2864      business from a person involved in a motor vehicle accident for
2865      the purpose of making, adjusting, or settling motor vehicle tort
2866      claims or claims for benefits under medical payments coverage in
2867      a motor vehicle insurance policy personal injury protection
2868      benefits required bys. 627.736. Any person who violates -t-fi.e.
2869      provisions of this paragraph commits a felony of the second
2870      degree, punishable as provided ins. 775.082, s. 775.083, ors.
2871      775.084. A person who is convicted of a violation of this
2872      subsection shall be sentenced to a minimum term of imprisonment
2873      of 2 years.
2874               (b)    A person may not solicit or cause to be solicited any
2875      business from a person involved in a motor vehicle accident by

                                                      Page 115 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 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 771                                                                       2020



2876       any means of communication other than advertising directed to
2877       the public for the purpose of making motor vehicle tort claims
2878       or claims for benefits under medical payments coverage in a
2879       motor vehicle insurance policy personal injury protection
2880       benefits required bys. 627.736, within 60 days after the
2881       occurrence of the motor vehicle accident. Any person who
2882       violates this paragraph commits a felony of the third degree,
2883       punishable as provided ins. 775.082, s. 775.083, ors. 775.084.
2884                (c)   A lawyer, health care practitioner as defined ins.
2885       456.001, or owner or medical director of a clinic required to be
2886       licensed pursuant to s. 400.9905 may not, at any time after 60
2887       days have elapsed from the occurrence of a motor vehicle
2888       accident, solicit or cause to be solicited any business from a
2889       person involved in a motor vehicle accident by means of in
2890       person or telephone contact at the person's residence, for the
2891       purpose of making motor vehicle tort claims or claims for
2892       benefits under medical payments coverage in a motor vehicle
2893       insurance policy personal injury protection benefits required by
2894       s. 627.736. Any person who violates this paragraph commits a
2895       felony of the third degree, punishable as provided ins.
2896       775.082, s. 775.083, ors. 775.084.
2897                (9)   A person may not organize, plan, or knowingly
2898       participate in an intentional motor vehicle crash or a scheme to
2899       create documentation of a motor vehicle crash that did not occur
2900       for the purpose of making motor vehicle tort claims or claims

                                                      Page 116 of 117

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          HB 771                                                                        2020




2901      for benefits under medical payments coverage in a motor vehicle
2902      insurance policy personal injury protection benefits as required
2903      bys. 627.736. Any person who violates this subsection commits a
2904      felony of the second degree, punishable as provided ins.
2905      775.082, s. 775.083, ors. 775.084. A person who is convicted of
2906      a violation of this subsection shall be sentenced to a minimum
2907      term of imprisonment of 2 years.
2908               (10)     A licensed health care practitioner who is found
2909      guilty of insurance fraud under this section for an act relating
2910      to a motor vehicle personal injury protection insurance policy
2911      loses his or her license to practice for 5 years and may not
2912      receive reimbursement under medical payments coverage in a motor
2913      vehicle insurance policy for personal injury protection benefits
2914      for 10 years.
2915               Section 57.          For the 2020-2021 fiscal year, the sum of
2916      $83,651 in nonrecurring funds is appropriated from the Insurance
2917      Regulatory Trust Fund to the Office of Insurance Regulation for
2918      the purpose of implementing this act.
2919               Section 58.          Except as otherwise expressly provided in this
2920      act and except for this section, which shall take effect upon
2921      this act becoming a law, this act shall take effect January 1,
2922      2021.




                                                      Page 117 of 117

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb0771-00
                                   COMMERCE COMMITTEE

                                    HB 771 by Rep. Grall
                                   Motor Vehicle Insurance

                                   AMENDMENT SUMMARY
                                     February 27, 2020

Amendment 1 by Rep. Sabatini (line 1506): The amendment establishes criteria for
determining an insurer's liability for third-party bad faith for actions brought under s. 624.155,
F.S., or the common law, as follows:

   •   The insured or claimant has the burden of proof;
   •   Negligence is not enough to establish the insurer's liability;
   •   The insured or claimant must prove the insurer:
           o Acted in reckless disregard; and
           o Such action caused damages to any insured;
   •   The conduct (or lack thereof) of the insured or claimant is made relevant to the
       determining the insurer's liability;
   •   An affirmative defense is created that may bar a judgment against the insurer for third-
       party bad faith:
           o If the insured's or claimant's own conduct, in whole or in part, caused an excess
               judgment;
   •   The insurer must be held not liable by the jury or judge, in a bench trial, if the insurer is
       found to have fulfilled certain specified obligations.
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 771   (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 Sabatini offered the following:
 3

 4          Amendment (with title amendment)
 5             Between lines 1506 and 1507, insert:
 6             Section 33.    Section 624.155, Florida Statutes is amended
 7     to read:
 8             624.155    Civil remedy.-
 9             (10)    Notwithstanding subsections (1)-(9), in an action for
10     third party bad faith under this chapter or at common law:
11             (a)    An insured or claimant has the burden to prove that
12     the insurer acted in bad faith. Negligent conduct of the insurer
13     is not enough to establish bad faith, an insured or claimant
14     must prove that the insurer acted in reckless disregard for the
15     rights of any insured and that such reckless disregard caused
16     damage to the insured or claimant.
     524235 - h0771-line 1506.docx
     Published On: 2/26/2020 8:21:48 PM
                                       Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 771   (2020)
       Amendment No. 1



17          (b) The actions or inactions of the insured or claimant are
18     relevant in an action for bad faith. It is an affirmative
19     defense to a claim for bad faith that the insured's or
20     claimant's own conduct, in whole or in part, caused an excess
21     judgment.
22          (c) An insurer must advise the insured of settlement
23     opportunities, advise the insured as to the probable outcome of
24     the litigation, warn the insured of the possibility of an excess
25     judgment, advise the insured of steps to avoid an excess
26     judgment, and defend its insured against a legal action when the
27     complaint alleges facts that fairly and potentially bring the
28     suit within policy coverage. If the insurer fulfills these
29     obligations, and if the trier of fact finds that the insurer
30     stood ready and willing to settle for policy limits, then the
31     insurer is not liable.
32
33
34                       T I T L E     A ME N D ME N T
35          Remove line 1 and insert:
36     An act relating to insurance; repealing
37          Remove line 89 and insert:
38     professions; amending s. 624.155, F.S.; establishing the burden
39     of proof in a common law or statutory claim for third party bad
40     faith; providing that negligent conduct alone is not proof of
41     bad faith by an insurer; creating affirmative defenses to an
     524235 - h0771-line 1506.docx
      Published On: 2/26/2020 8:21:48 PM
                                     Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 771   (2020)
       Amendment No. 1



42     action for third party bad faith; establishing duties of an
43     insurer relevant to a third party action; providing that an
44     insurer who fulfills such duties has no liability for third
45     party bad faith; amending s. 626.9541, F.S.; conforming a




     524235 - h0771-line 1506.docx
      Published On: 2/26/2020 8:21:48 PM
                                     Page 3 of 3
(")

-enen
(")

-
:::c

-
m
w
w
CD
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      CS/CS/HB 1339 Housing
SPONSOR(S): Ways & Means Committee, Local, Federal & Veterans Affairs Subcommittee, Yarborough
TIED BILLS:       IDEN./SIM. BILLS:

     REFERENCE                                                       ACTION                    ANALYST            STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

     1) Local, Federal & Veterans Affairs Subcommittee               12 Y, 0 N, As CS          Renner             Miller

    2) Ways & Means Committee                                        17 Y, 0 N, As CS          Berg               Langston

     3) Commerce Committee                                                                     Brackett           Hamon


                                                         SUMMARY ANALYSIS
The bill addresses several housing issues related to development zoning and impact fees, the provision of affordable
housing, and the regulation, ownership, and tenancy related to mobile homes and mobile home parks. Specifically, the
bill:
      •  Authorizes local governments to approve the development of affordable housing on any parcel zoned for
         residential, commercial, or industrial use.
      •  Requires local governments to adopt an ordinance to allow accessory dwelling units in any area zoned for single-
         family residential use, except in an area of critical state concern.
      •  Requires the reporting of impact fee data within the annual financial audit report submitted to the Department of
         Financial Services.
      •  Requires the evaluation of additional local government contribution criteria within applications submitted for the
         State Apartment Incentive Loan Program funding.
      •  Transitions the "pilot" features of a workforce housing program into the Community Workforce Housing Loan
         Program, administered by the Florida Housing Finance Corporation (Florida Housing).
      •  Establishes biannual regional workshops for local elected officials serving on affordable housing advisory
         committees to identify and share best affordable housing practices.
      • Adds data reporting within a State Housing Initiatives Partnership Program participant's submissions to Florida
         Housing about affordable housing applications approved and denied.
      •  Permits Florida Housing to withhold specified distributions from the Local Government Housing Trust Fund to fund
         the construction of transitional housing for persons aging out of foster care.
      •  Clarifies provisions exempting mobile home park owners from the jurisdiction of the Public Service Commission
         when the park owners provide water and wastewater.
      •  Requires a mobile home park owner to amend the prospectus when expanding the park to include new lots and
         an expansion of more than 15 percent requires increasing facilities or amenities within a reasonable timeframe.
      •  Provides that a mobile home owner may be required to install improvements as disclosed in the prospectus.
      •  Permits a park owner to issue a 90-day lot rental increase notice to multiple tenants, within a single notice,
         regardless of the rental agreement anniversary date.
      •  Permits a mobile home park damaged or destroyed by natural forces to be rebuilt on the same site with the same
         density as was approved, permitted, or built before being damaged or destroyed.
      • Allows a purchaser to assume the seller's prospectus but does not prohibit a park owner from offering the
         purchaser any approved prospectus.
      •  Revises mobile home homeowner association notifications, bylaws, and powers.
      •  Requires certain disputes between a mobile homeowner association and a member be submitted to the Division
         of Condominiums, Timeshares, and Mobile Homes for binding arbitration conducted pursuant to the statute and
         the division's adopted procedural rules.

The bill has fiscal impacts on state and local governments. See Fiscal Comments Section.

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




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1339d.COM.D0CX
DATE: 2/24/2020
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

         Zoning and Impact Fees for Affordable Housing (Sections 1, 3 and 4)

         Present Situation

         Local Government Authority
         The Florida Constitution grants local governments broad home rule authority. Specifically, non-charter
         county governments may exercise those powers of self-government that are provided by general or
         special law. 1 Those counties operating under a county charter have all powers of self-government not
         inconsistent with general law or special law approved by the vote of the electors. 2 Likewise,
         municipalities have those governmental, corporate, and proprietary powers that enable them to conduct
         municipal government, perform their functions and provide services, and exercise any power for
         municipal purposes, except as otherwise provided by law. 3

         Comprehensive Plans and Land Use Regulation
         Local governments regulate aspects of land development by enacting ordinances that address local
         zoning, rezoning, subdivision, building construction, landscaping, tree protection, 4 sign regulations or
         any other regulations controlling the development of land. 5 "Land development regulation" is defined to
         include a general zoning code, but does not include a zoning map, an action that results in zoning or
         rezoning of land, or any building construction standard adopted pursuant to and in compliance with the
         provisions of ch. 553, F.S., on Building Construction Standards. 6

         Section 163.3177, F.S., governs a locality's comprehensive plan which lays out the locations for future
         public facilities, including roads, water and sewer facilities, neighborhoods, parks, schools, and
         commercial and industrial developments.

         Development that does not conform to the comprehensive plan may not be approved by a local
         government unless the local government first amends its comprehensive plan. Among the many
         components of a comprehensive plan is a land use element designating proposed future general
         distribution, location, and extent of the uses of land. 7 Specified use designations include those for
         residential, commercial, industry, agriculture, recreation, conservation, education, and public facilities. 8

         State law requires a proposed comprehensive plan amendment to receive public hearings, with the first
         hearing held by the local planning board. 9 The local government must then hold an initial public hearing
         regarding the proposed amendment and subsequently transmit it to several statutorily identified



1 Art. VIII, s.1(f), Fla. Const.
2 Art. VIII, s.1(g), Fla. Const.
3 Art. VIII, s.2(b), Fla. Const.  See also s.166.021(1), F.S.
4
  S. 163.045, F.S., prohibits a local government from requiring a notice, application, approval, permit, fee, or mitigation for
the pruning, trimming, or removal of a tree on residential property if the tree presents a danger to persons or property, as
documented by a certified arborist or licensed landscape architect.
5 See ss. 163.3164 and 163.3213, F.S. Pursuant to s. 163.3213, F.S., substantially affected persons have the right to

maintain administrative actions which assure that land development regulations implement and are consistent with the
local comprehensive plan.
6 S.163.3213(1)(b), F.S.
7 S. 163.3177(6)(a), F.S.
6
  Id. Section 163. 3164( 4 ), F. S., specifies the designation of an "agricultural enclave." Among other features, to be
considered an agricultural enclave, a parcel must be owned by a single person, used for bona fide agricultural purposes,
and must be surrounded by 75 percent by property that has existing or industrial, commercial, or residential development
or property designated by the local government for such purposes.
9 Ss. 163.3174(4)(a) and 163.3184, F.S.
STORAGE NAME: h1339d.COM.D0CX                                                                                           PAGE: 2
DATE: 2/24/2020
         reviewing agencies, including the Department of Economic Opportunity (DEO), the relevant Regional
         Planning Council, and adjacent local governments that request to participate in the review process. 10

         In 2011, the Legislature bifurcated the process for approving comprehensive plan amendments. 11 Most
         plan amendments are placed into the Expedited State Review Process, while plan amendments
         relating to large-scale developments are placed into the State Coordinated Review Process. 12 The two
         processes operate in much the same way; however, the State Coordinated Review Process provides a
         longer review period and requires all agency comments to be coordinated by DEO, rather than
         communicated directly to the permitting local government by each individual reviewing agency. 13

         Sections 125.66(4), and 166.041(3), F.S., outline regular and emergency ordinance adoption
         procedures for counties and municipalities. Ordinances or resolutions that change the actual list of
         permitted, conditional, or prohibited uses within a zoning category, or ordinances or resolutions initiated
         by the local government that change the actual zoning map designation of a parcel or parcels of land,
         must follow additional enhanced procedures and requirements.

         Affordable Housing
         Affordable housing is generally defined in relation to the annual area median household income
         adjusted for family size. Section 420.0004, F.S., defines the term "affordable" for housing purposes to
         mean that monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not
         exceed 30 percent of the median adjusted gross annual income for qualifying households. 14 Eligible
         households are determined as follows:
             • Extremely-low-income households, i.e., total annual household income does not exceed 30
                percent of the median annual adjusted gross income for households within the state; 15
             • Very-low-income households, i.e., total annual gross household income does not exceed 50
                percent of the median annual income within the state or the metropolitan statistical area,
                whichever is greater; 16
             • Low-income households, i.e., total annual gross household income does not exceed 80 percent
                of the median annual income within the state or the area, whichever is greater; 17
             • Moderate-income households, i.e., total annual gross household income does not exceed 120
                percent of the median annual income within the state or the area, whichever is greater. 18

         Statutory Guidance on County and Municipal Affordable Housing
         Sections 125.01055 and 166.04151, F.S., authorize a county or municipality, notwithstanding any other
         provision of law, to adopt and maintain in effect any law, ordinance, rule, or other measure that is
         adopted for the purpose of increasing the supply of affordable housing using land use mechanisms
         such as inclusionary housing ordinances.

         lnclusionary housing ordinances (sometimes called inclusionary zoning ordinances) are land use
         regulations that require affordable housing units to be provided in conjunction with the development of
         market rate units. The intent of these ordinances is to increase the production of affordable housing in




10 S. 163.3184, F.S.
11 Chapter 2011-139, s. 17, Laws of Fla.
12 Jd.
13 S. 163.3184(3) and (4), F.S.
14 Current limitations are found in the 2019 Income Limits and Rent Limits document producted by the Florida Housing

Finance Corporation, available athttps://www.floridahousing.org/owners-and-managers/compliance/income-limits (last
visited February 14, 2020)
15 S. 420.0004(9), F.S. Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in

lower income counties, extremely low income may exceed 30 percent of area median income and that in higher income
counties, extremely low income may be less than 30 percent of area median income.
16 S. 420.0004(17), F.S.
17 S. 420.0004(11 ), F.S.
1a S. 420.0004(12), F.S.
STORAGE NAME: h1339d.C0M.D0CX                                                                                    PAGE: 3
DATE: 2/24/2020
        general and to increase the production in specific geographic areas that might otherwise not include
        affordable housing. 19

        Chapter 2019-165, Laws of Fla., (2019 Act) amended ss. 125.01055 and 166.04151, F.S., to provide
        that a local inclusionary housing ordinance requiring a developer to provide a specified number of
        affordable housing units or requiring a developer to contribute to a housing fund must provide
        incentives to fully offset all costs to the developer of its affordable housing contribution. The developer
        offset provision does not apply in areas of critical state concern in Monroe County and the City of Key
        West.

        Local Government Impact Fees2°
        Pursuant to home rule authority, counties and municipalities may impose proprietary fees, 21 regulatory
        fees, and special assessments22 to pay the cost of providing a facility or service or regulating an
        activity. As one type of regulatory fee, impact fees are charges imposed by local governments against
        new development to provide for capital facilities' costs made necessary by such growth. 23 Impact fee
        calculations vary from jurisdiction to jurisdiction and upon the type of fee. Impact fees also vary
        extensively depending on local costs, capacity needs, resources, and the local government's
        determination to charge the full cost or only part of the cost of the infrastructure improvement through
        utilization of the impact fee.

        Section 163.31801 (3), F.S., provides requirements and procedures for the adoption of an impact fee.
        An impact fee adopted by ordinance of a county or municipality or by resolution of a special district
        must, at minimum:
           • Require that the calculation of the impact fee be based on the most recent and localized data;
           • Provide for accounting and reporting of impact fee collections and expenditures. If a local
               government imposes an impact fee to address its infrastructure needs, the entity must account
               for the revenues and expenditures of such impact fee in a separate accounting fund;
            • Limit administrative charges for the collection of impact fees to actual costs; and
           • Require that notice be provided at least 90 days before the effective date of an ordinance or
               resolution imposing a new or increased impact fee.

        The 2019 Act amended s. 163.31801, F.S., to codify the 'dual rational nexus test' for impact fees, as
        articulated in case law. This test requires an impact fee to be proportional and have a reasonable
        connection, or rational nexus, between 1) the proposed new development and the need and the impact
        of additional capital facilities, and 2) the expenditure of funds and the benefits accruing to the proposed
        new development. 24 Local governments are prohibited from requiring the payment of impact fees prior
        to issuing a building permit for the subject property. 25

        Additionally, the 2019 Act established that impact fee funds must be earmarked for capital facilities that
        benefit new residents and may not be used to pay existing debt unless specific conditions are met. 26
        Provisions also authorized a local government to provide an exception or waiver for an impact fee for
        affordable housing. If a local government provides such an exception or waiver, it is not required to use
        any revenues to offset the impact. 27 The impact fee provisions do not apply to water and sewer
        connection fees. 28

19 Ross, J. and Dutka, U., The Florida Housing Coalition, lnclusionary Housing: A Challenge Worth Taking, p. 7,

https://www. fl housing .org/wp-contenUuploads/2012/05/1 nclusionary-Housing-A-Challenge-Worth-Taking. pdf (last visited
Jan. 23, 2020).
20 Office of Economic and Demographic Research, The Florida Legislature, 2019 Local Government Financial Handbook,

p. 11, http://edr.state.fl.us/ContenUlocal-governmenUreports/lgfih19.pdf (last visited Jan. 23, 2020).
21 Id. Examples of proprietary fees include admissions fees, franchise fees, user fees, and utility fees.
22 Id at 17. Special assessments are typically used to construct and maintain capital facilities or to fund certain services.

23 See supra note 19.
24 S. 163.31801(3)(f) and (g), F.S.
2s S. 163.31801(3)(e), F.S.
26 S. 163.31801(3)(h) and (i), F.S.

21 S. 163.31801(8), F.S.
28 S. 163.31801(9), F.S.
STORAGE NAME: h1339d.C0M.D0CX                                                                                         PAGE: 4
DATE: 2/24/2020
        Local Government Financial and Economic Status Reporting
        Local governments are accountable for the manner in which they spend public funds, and the
        submission of financial reports required by state law is one method of demonstrating accountability.
        Section 218.39, F.S., requires the completion of an annual financial audit of accounts and records
        within nine months after the end of the fiscal year for counties, district school boards, charter schools,
        and charter technical career centers and certain municipalities and special districts. The statute
        requires filing of these annual financial audit reports with the State of Florida's Auditor General.

        Section 218.32, F.S., requires counties, municipalities, and special districts to complete and submit to
        the Florida Department of Financial Services (DFS) a copy of its annual financial report (AFR) for the
        previous fiscal year no later than nine months after the end of the fiscal year. The AFR is not an audit
        but rather a unique financial document completed using a format prescribed by DFS. 29

        The Bureau of Local Government within DFS has created a web-based AFR system called Local
        Government Electronic Reporting (LOGER) where local government entities complete and
        electronically submit AFRs. 30 DFS personnel verify an entity's data entered in LOGER by comparing
        the data to the financial statements included in the submitted audit report, or with other prescribed
        information from those entities not subject to the audit requirement and contact the entities for
        clarification when the comparisons yield significant differences. 31

        In addition to the above local government financial reporting, ch. 2019-56, Laws of Fla, amended
        ss. 129.03 and 166.241, F.S., to require counties and municipalities, respectively, to report certain
        economic status information to the Office of Economic and Demographic Research. This includes
        information on government spending and debt per resident, median income, average local government
        employee salary, percentage of budget spent on employee salaries and benefits, and the number of
        taxing districts.

        Effect of the Bill

        The bill amends ss. 125.01055 and 166.04151, F.S., to authorize a county commission and the
        governing body of a municipality, respectively, to approve the development of affordable housing on
        any parcel zoned for residential, commercial, or industrial use, notwithstanding any other law or local
        ordinance or regulation to the contrary.

        The bill amends s. 163.31801, F.S., to require the reporting of impact fee data within the annual
        financial report specified under s. 218.32, F.S. The local government must report the specific purpose
        of an impact fee including the specific infrastructure needs that the fee will be used for; a description of
        the impact fee schedule policy and fee calculation methods; the amount assessed for each purpose
        and type of dwelling; and the total amount of impact fees charged by type of dwelling.




29 See Department of Financial Services Bureau of Financial Reporting, Uniform Accounting System Manual for Florida

Local Governments (2014 ), https://www.myfloridacfo.com/Division/AA/Manuals/2014UASManual-7-31-15_Fl NAL. pdf (last
visited Jan. 23, 2020).
30 LOGER, https://apps.fldfs.com/LocalGov/Reports/ (last visited Jan. 23, 2020).
31 See Florida Auditor General, Local Government Financial Reporting System: Performance Audit Report 2019-028 (Sep.

2019), https://flauditor.gov/pages/pdf_files/2019-028.pdf (last visited Jan. 23, 2020).
STORAGE NAME: h1339d.COM.DOCX                                                                                  PAGE: 5
DATE: 2/24/2020
        Accessory Dwelling Units (Section 2)

        Present Situation

        An accessory dwelling unit (ADU) is an ancillary or secondary living unit that has a separate kitchen,
        bathroom, and sleeping area existing either within the same structure, or on the same lot, as the
        primary dwelling unit. 32 The Legislature finds that encouraging local governments to permit ADUs to
        increase the availability of affordable rentals serves a public purpose. 33 A local government may adopt
        an ordinance allowing ADUs in any area zoned for single-family residential use based upon a finding
        that there is a shortage of affordable rentals in its jurisdiction. 34 Each ADU allowed by an ordinance
        must count towards the affordable housing component of the housing element in the local
        government's comprehensive plan. 35 An application for a building permit to construct such ADUs must
        include an affidavit which attests that the unit will be rented at an affordable rate to an extremely-low-
        income, very-low-income, low-income, or moderate-income person or persons. 36

        In 2019, the Florida Housing Coalition, the entity currently providing technical assistance and training
        for the Catalyst Program under s. 420.531, F.S., published the Accessory Dwelling Unit Guidebook. 37
        The stated intent of the Guidebook is to address the challenges and benefits a community might face
        as it considers allowing the implementation of ADUs and presents a range of alternatives for local
        governments and other stakeholders to consider and evaluate. Among other data points, the
        Guidebook found that:
             • Of Florida's 67 counties, 16 did not address ADUs in their land development codes; and
             • Of the 15 most populous cities in Florida, 11 of them explicitly allow ADUs in single-family
                districts.

        Effect of the Bill

        The bill provides a legislative finding that it serves an important public purpose to require (rather than
        encourage) the permitting of ADUs in single-family residential areas. A local government must (rather
        than may) adopt an ordinance to allow ADUs in any area zoned for single family residential use, except
        in an area of critical state concern where the state caps the number of new housing units which may be
        built within a year. The required ordinance would not be conditioned upon a finding that there is a
        shortage of affordable rentals within the local jurisdiction.

        State Apartment Incentive Loan Program: Local Government Contributions (Section 10)

        Present Situation

        The State Apartment Incentive Loan (SAIL) Program 38 provides low-interest loans on a competitive
        basis to affordable housing developers. SAIL is funded through a statutory distribution of documentary
        stamp tax revenues, which are deposited into the State Housing Trust Fund. This money often serves
        to bridge the gap between the primary financing and the total cost of the development. SAIL dollars are
        available to individuals, public entities, nonprofit organizations, or for-profit organizations that propose
        the construction or substantial rehabilitation of multifamily units affordable to very low income
        individuals and families. In most cases, the SAIL loan cannot exceed 25 percent of the total
        development cost and can be used in conjunction with other state and federal programs.


32 S.163.31771 (2)(a), F.S.

33 S. 163.31771(1), F.S.
34 S.163.31771(3), F.S.
35 S. 163.31771(5), F.S.
36 S. 163.31771(4), F.S. The parameters defining the various income designations are specified ins 420.0004, F.S.
37 See Florida Housing Coalition, Accessory Dwelling Unit Guidebook, (May 2019) https://www.flhousing.org/wp-

contenUuploads/2019/08/ADU-Guidebook.pdf (last visited Jan. 23, 2020).
38 Sees. 420.5087, F.S., and Florida Housing Finance Corporation, State Apartment Incentive Loan, Background, for

information cited in this section, http://www.floridahousing.org/programs/developers-multifamily-programs/state-
apartment-incentive-loan (last visited Jan. 23, 2020).
STORAGE NAME: h1339d.COM.DOCX                                                                                       PAGE: 6
DATE: 2/24/2020
          Florida Housing Finance Corporation (Florida Housing) administers the SAIL program and is required
          to establish a review committee for the competitive evaluation and selection of applications submitted.
          The evaluation criteria include local government contributions and local government comprehensive
          planning and activities that promote affordable housing. 39

           Effect of the Bill

           The bill amends provisions of the SAIL Program to require the evaluation of additional components
           within the review and selection process of applications submitted for funding. The additional
           components relate to criteria surrounding local government contributions, including policies that
           promote access to public transportation, reduce the need for on-site parking, and expedite permits for
           affordable housing projects. The bill also modifies the requirement relating to a sponsor's prior
           experience to provide that the sponsor cannot be required to have previously worked with Florida
           Housing in order to qualify for the program. This modification broadens the eligible pool of sponsors
           beyond those who already work with Florida Housing.

           Community Workforce Housing Innovation Pilot Program (Section 11)

           Present Situation

          The Community Workforce Housing Innovation Pilot Program 40 (CWHIP) was created to provide
          affordable rental and home ownership community workforce housing for essential services personnel
          with medium incomes in high-cost and high-growth counties. Designed to use regulatory incentives and
          state and local funds to promote local public-private partnerships and to leverage government and
          private sources, Florida Housing administered the program in 200641 and 2007. 42

           CWHIP targeted households earning higher incomes than traditionally served through other affordable
           housing programs to create homeowner or rental housing for persons such as teachers, firefighters,
           healthcare providers and others as defined by local governments. Households earning up to 140
           percent of AMI could be served through the program with that provision rising up to 150 percent of AMI
           in the Florida Keys. 43

          CWHIP provided priority funding consideration to projects in counties where the disparity between the
          AMI and the median sales price for a single family home was greatest. Priority funding consideration
          was specified where: 44
             • The local jurisdiction established local incentives such as expedited reviews of development
                orders and permits and supported development near transportation hubs;
             • Financial strategies like tax increment financing were utilized; and
             • Projects set aside at least 80 percent of units for workforce housing and at least 50% for
                essential services personnel.

           CWHIP loans were awarded with a 1 to 3 percent interest rate and could be forgiven where long-term
           affordability was provided and where at least 80 percent of the units are set aside for workforce housing
           and at least 50 percent of the units are set aside for essential services. 45

           Florida Housing administered two rounds of funding for CWHIP: $50 million in October of 2006 and
           $62.4 million in December of 2007. 46

39 S.420.5087(6)(c}, F.S.
4 0 Ch. 2006-69, Laws of Fla.
41 Id. at s. 33
42 Specific Appropriations 1694, ch. 2007-72, Laws of Fla. Fiscal Year 2006 and 2007 appropriations were nonrecurring

and no additional funds have been appropriated since.
43 S. 420.5095(3)(a), F.S.
44
     S. 420.5095(8), F.S.
45 S. 420.5095(11), F.S.
46 See Florida Housing Finance Corporation, 2007 Annual Report, p. 21, and 2008 Annual Report, p. 11,

http://www. floridahousi ng. org/docs/defau It-source/data-docs-and-reports/an n ual-reports/2007 Ann ua IReport. pdf and
STORAGE NAME: h1339d.COM.D0CX                                                                                           PAGE: 7
DATE: 2/24/2020
        Effect of the Bill

        The bill transitions the "pilot" features of a workforce housing program into the Community Workforce
        Housing Loan Program, administered by Florida Housing. Workforce housing is defined as housing
        affordable to persons of families whose total annual income does not exceed 80 percent of the area
        median income or 120 percent of the area median income, adjusted for household size in specified
        areas of critical concern. Florida Housing must establish a loan application process pursuant to SAIL
        Program provisions under s. 420.5087, F.S., and award loans at a 1 percent interest rate for a term not
        to exceed 15 years. Projects must be given priority if they set aside at least 50 percent of units for
        workforce housing.

        Affordable Housing Workshops for Locally Elected Officials utilizing Catalyst and SHIP
        (Sections 12 and 15)

        Present Situation

        Affordable Housing Catalyst Program
        Section 420.531, F.S., directs Florida Housing to operate the Affordable Housing Catalyst Program
        (Catalyst Program) to provide specialized technical support to local governments and community-based
        organizations to implement the HOME Investment Partnership Program, State Housing Initiatives
        Partnership Program (SHIP), and other affordable housing programs. 47 Florida Housing currently
        contracts with the Florida Housing Coalition to provide Catalyst Program training and technical
        assistance. 48

        The Florida Housing Coalition's technical assistance team consists of a geographically dispersed
        network of personnel providing on-site and telephone/e-mail technical assistance as well as training
        through workshops and webinars. 49 This technical assistance supports local governments and nonprofit
        organizations and includes:
            • Leveraging program dollars with other public and private funding sources;
            • Working effectively with lending institutions;
            • Implementing regulatory reform;
            • Training for boards of directors;
            • Implementing rehabilitation and emergency repair programs;
            • Assisting with the creation of fiscal and program tracking systems; and
            • Meeting compliance requirements of state and federally funded housing programs.




http://www.floridahousing.org/docs/default-source/data-docs-and-reports/annual-reports/2008AnnualReport_CDfile.pdf
(last visited Jan. 23, 2020).
47 To the maximum extent feasible, the entity to provide the necessary expertise must be recognized by the Internal

Revenue Service as a nonprofit tax-exempt organization.
48 Contract for Affordable Housing Catalyst Services between Florida Housing Finance Corporation and the Florida

Housing Coalition, Inc., (July 1, 2019) https://www.floridahousing.org/docs/default-source/legal/contracts/2019/014-2019--
-the-florida-housing-coalition-inc---affordable-housing-catalyst-program-services.pdf?sfvrsn=c09dea7b_2 (last visited Jan
23, 2020).
49 The 2019/2020 Catalyst Training Schedule, https://www.floridahousing.org/docs/default-source/programs/special-

programs/catalyst/training-schedule-catalyst-2019-2020.pdf?sfvrsn=2 (last visited Jan. 23, 2020). A link to the Florida
Housing Coalition's Work Shop and Webinar Calendar is available at
https:llwww.flhousing.orgleventsllist/?tribe_paged=2&tribe_event_display=list (last visited Jan. 23, 2020).
STORAGE NAME: h1339d.COM.DOCX                                                                                      PAGE: 8
DATE: 2/24/2020
        State Housing Initiatives Partnership Program
        Administered by Florida Housing, the SHIP Program provides funds to all 67 counties and 52
        Community Development Block Grant entitlement cities on a population-based formula to finance and
        preserve affordable housing based on locally adopted housing plans. 50 The program targets very-low,
        low, and moderate-income families. SHIP is funded through a statutory distribution of documentary
        stamp tax revenues that are deposited into the Local Government Housing Trust Fund.

        Subject to specific appropriation, funds are distributed quarterly to local governments participating in
        the program. 51 Funds are expended according to each local government's adopted Local Housing
        Assistance Plan (LHAP), which details the housing strategies for that particular government. 52 Local
        governments submit their LHAPs to Florida Housing for review to ensure that they meet the broad
        statutory guidelines and the requirements of the program rules. Florida Housing must approve an LHAP
        before a local government may receive SHIP funding for the applicable years.

        SHIP Incentive Strategies and Advisory Committee
        Within 12 months of adopting a LHAP, each participating local government must amend the plan to
        include local housing incentive strategies. 53 The strategies must:
            • Assure that permits for affordable housing projects are expedited;
            • Establish an ongoing process to review local policies, ordinances, regulations, and plan
                provisions that actually increase the cost of housing; and
            • Include a schedule for implementing the incentive strategies. 54

        Local governments must appoint members to an Affordable Housing Advisory Committee (AHAC) that
        triennially reviews the established policies and procedures, ordinances, land development regulations,
        and adopted local government comprehensive plan. 55 The AHAC is comprised of local citizens
        representing a range of affordable housing stakeholders. 56 At a minimum, each AHAC must submit a
        report to the local governing body on certain affordable housing incentives including: 57
            • The processing of approvals of development orders or permits for affordable housing.
            • The modification of impact-fee requirements, including reduction or waiver of fees and
                alternative methods of fee payment for affordable housing.
            • The allowance of flexibility in densities for affordable housing.
            • The allowance of affordable accessory residential units in residential zoning districts.
            • The reduction of parking and setback requirements for affordable housing.

        Local governments that receive the minimum allocation under SHIP 58 must perform the initial incentives
        review but may elect to not perform the subsequent triennial reviews.

        Statutorily Authorized Affordable Housing Study Groups
        In 1986, the Affordable Housing Study Commission (Commission) was created to evaluate affordable
        housing policy issues and programs. 59 This commission is charged with recommending public policy
        changes to the Governor and Legislature to stimulate community development and revitalization, as
        well as promoting the production, preservation and maintenance of decent, affordable housing for all
        Floridians. The Commission is comprised of 21 members meeting specific statutory criteria, all of whom




50 See ss. 420.907-420.9089, F.S.
51 S. 420.9073, F.S.
52 S.420.9075, F.S.

s3 S. 420.9076(1), F.S.
54 S. 420.9071(16), F.S.
55 S. 420.9076(4), F.S.

ss S.420.9076(2), F.S.
s1 S. 420.9076(4), F.S.
58 Pursuant to s. 420.9073(3), F.S., the minimum local housing distribution is $350,000.
59 Chapter 86-192 Laws of Fla.
STORAGE NAME: h1339d.COM.DOCX                                                                            PAGE: 9
DATE: 2/24/2020
                                           °
        are appointed by the Governor. 6 Florida Housing provides administrative support to the Commission,
        but the Commission has not received funding or gubernatorial appointments since 2008. 61

        In 2017, the Legislature created a statewide Affordable Housing Workgroup (Workgroup). 62 The 14-
        member body consisted of current and previously elected state and local officials as well as
        stakeholders from the private and non-profit affordable housing community. The Workgroup's final
        report was submitted to the Governor and Legislature and provided findings and recommendations
        addressing the state's affordable housing needs, including strategies and pathways for low-income
        housing in the state. 63

        Effect of the Bill

        The bill amends s. 420.531, F.S., to establish biannual regional workshops for locally elected officials
        serving on affordable housing advisory committees as provided for SHIP ins. 420.9076, F.S. The entity
        providing statewide training and technical assistance for the Catalyst Program will administer and
        conduct the workshops with the intent of facilitating peer-to-peer identification and sharing of best
        affordable housing practices. Workshops must be conducted through teleconferencing or other
        technological means. The entity providing the statewide training and technical assistance must provide
        annual reports summarizing the deliberations, actions, and recommendations of each region, as well as
        attendance records of locally elected officials, to the President of the Senate, the Speaker of the House
        of Representatives, and Florida Housing by March 31 of the following year.

        This section also includes SAIL among the programs listed for which Catalyst Program may provide
        technical support.

        The bill amends s. 420.9076, F.S., to modify requirements of SHIP affordable housing advisory
        committees. The new provisions include ensuring that one locally elected official from each
        participating SHIP county or municipality serves on the advisory committee. This official, or a locally
        elected designee, must attend biannual workshops on affordable housing best practices. If a locally
        elected official fails to attend three consecutive regional workshops, Florida Housing may withhold the
        participating SHIP entity's funds pending the official's attendance at the next regularly scheduled
        biannual meeting.

        The section also requires annual, rather than triennial, affordable housing advisory committee reviews
        of local policies and provisions affecting affordable housing. An annual report of advisory committee
        reviews and recommendations must be submitted to the local governing body and to the entity
        providing statewide training and technical assistance for the Catalyst Program. In addition to currently
        provided information, the report must now also include information on all allowable fee waivers for the
        development or construction of affordable housing.

        Local Housing Distributions for Persons Aging out of Foster Care (Section 13)

        Present Situation

        Affordable Housing Funding for Special Needs Populations
        Section 420.0004(13), F.S., defines a person with special needs as:

                an adult person requiring independent living services in order to maintain housing or
                develop independent living skills and who has a disabling condition; a young adult
                formerly in foster care who is eligible for services under s. 409.1451 (5); a survivor of

60 S. 420.609, F.S.
61 Commission Annual Reports submitted from 1987-2008, http://apps.floridahousing.org/StandAlone/AHSC/AHSC-

AnnualReports.htm (last visited Jan. 23, 2020).
62 Chapter 2017-71, s. 46, Laws of Fla. Legislation creating the workgroup designated Florida Housing Finance

Corporation as the administering entity.
63 The Workgroup's Final Report, meeting agendas, research materials and other information is available at

https://www.floridahousing.org/about-florida-housing/workgroup-on-affordable-housing (last visited Jan. 24, 2020).
STORAGE NAME: h1339d.C0M.D0CX                                                                                        PAGE: 10
DATE: 2/24/2020
                domestic violence as defined in s. 741.28; or a person receiving benefits under the
                Social Security Disability Insurance (SSDI) program or the Supplemental Security
                Income (SSI) program or from veterans' disability benefits.

        Each local government participating in the SHIP Program must use a minimum of 20 percent of its local
        housing distribution to serve persons with special needs. 64 A local government must certify it will meet
        this requirement through existing approved strategies in its LHAP.

        Section 420.507(48), F.S., requires Florida Housing to reserve up to 5 percent of certain annual
        allocations for high-priority affordable housing projects for veterans and their families, and other special
        needs populations. Florida Housing must reserve an additional 5 percent of each allocation for
        affordable housing projects directed to persons with disabling conditions.

        According to the statewide 2019 Rental Market Study, an estimated 104,273 cost burdened renter
        households receive disability-related Social Security, SSl, 65 and veterans' benefits statewide. 66 Based
        on service use, an estimated 7,836 survivors of domestic violence and 2,574 youth exiting foster care
        are in need of affordable housing. 67

        Services and Support for Persons Aging Out of Foster Care
        The Department of Children and Families (DCF) is responsible for administering an array of
        independent living services to eligible young adults ranging in ages 18-22 (not yet 23), including
        supports in making the transition to self-sufficiency. 68

        Extended Foster Care (EFC) provides eligible young adults the option of remaining in foster care until
        the age of 21 or until the age of 22 if they have a disability. EFC is a voluntary program that requires
        the young adult to agree to participate in school, work, or a work training program in accordance with
        federal and state guidelines. Exceptions and accommodations are made for young adults with a
        documented disability. 69

        Effect of the Bill

        The bill authorizes Florida Housing to withhold up to five percent of annual Local Government Housing
        Trust Fund distributions to eligible SHIP entities for the construction of transitional housing for persons
        aging out of foster care. Funds may not be used for the design or planning of transitional housing and
        the housing must be constructed on campus. Florida Housing must consult with the DCF on criteria for
        such housing. Any withheld funds not distributed or committed by the end of the year fiscal year must
        be distributed utilizing existing calculation formulas.




64 S. 420.9075(5)(d), F.S.
65 Supplemental Security Income. See generally 42 U.S.C. §§1381-1385 (Title XVI of the Social Security Act).
66 Shimberg Center for Housing Studies, University of Florida, 2019 Rental Market Study, p. 2 (May 2019),

http://www.shimberg.ufl.edu/publications/RMS_2019.pdf (last visited Jan. 23, 2020). The Rental Market Study defines
'cost burdened' to mean the household is paying at least 40 percent of income toward gross rent. See p. 5.
67 Id.
68 Ss. 39.6251 & 409.1451, F.S.
69 Department of Children and Families, Independent Living Services Annual Report (Jan. 31, 2019),

https://www.myflfamilies.com/service-programs/child-
welfare/docs/2019LMRs/lndependent%20Living%20Services%202018%20Annual%20Report.pdf (last visited Jan. 23,
2020).
STORAGE NAME: h1339d.C0M.D0CX                                                                                  PAGE: 11
DATE: 2/24/2020
        Annual SHIP Entity Reporting Submissions to Florida Housing (Section 14)

        Present Situation

        Each local government participating in SHIP must annually submit a report of its affordable housing
        programs and accomplishments to Florida Housing. The local government's chief elected official or his
        or her designee must certify the report as accurate and complete. Among the many items included in
        the report are: 70
            • The number of households served by income category, age, family size, and race, and data
                regarding any special needs populations.
            • The number of units and the average cost of producing units under each local housing
                assistance strategy.
            • By income category, the number of mortgages made, the average mortgage amount, and the
                rate of default.
            • A description of the status of implementation of each local housing incentive strategy.

        After reviewing the report, if Florida Housing determines a violation of the criteria for a LHAP may have
        occurred, or that an eligible sponsor or eligible person has violated the applicable award conditions,
        Florida Housing reports the violation to its compliance monitoring agent and the Executive Office of the
        Governor. 71 If a violation is deemed to have occurred, the distribution of program funds to the local
        government must be suspended until the violation is corrected. 72

        Effect of the Bill

        The bill amends s. 420.9075, F.S., to require a SHIP entity's annual program reporting to Florida
        Housing include data on the number of affordable housing applications submitted, the number
        approved, and the number denied. The bill also requires the selection criteria developed by each SHIP
        entity to provide priority to applicants who need less assistance under the program. This change is
        meant to maximize the total number of applicants who receive an award under the program.

        Mobile Homes

        Chapter 723, F.S., the "Florida Mobile Home Act" (Mobile Home Act) addresses the unique relationship
        between a mobile home owner and a mobile home park owner. 73 The provisions in the Mobile Home
        Act apply to residential tenancies where a mobile home is placed upon a lot that is rented or leased
        from a mobile home park that has 10 or more lots offered for rent or lease. 74

        The courts recognize the relationship between the mobile home park owner and the mobile home
        owner is not simply one of landlord and tenant but "a hybrid type of property relationship" in which both
        have "basic property rights which must reciprocally accommodate and harmonize." 75 This is due to the
        very nature of the mobile home:

                Mobile homes come to rest in established parks, the wheels are generally removed, they are
                anchored to the ground, because of forces of the wind, connections with electricity, water and
                sewerage are made, awnings are frequently attached, and to a large degree they lose their
                mobility except, unless, and until the wheels are restored, disruption of electrical, water and
                sewer connections is had and a certain amount of dismantling and crating is had, all at a
                substantial expense of the owner of the mobile home who had bought such home with the
                expectation of being able to remain in the park for a not unreasonable time so long as he abides
                by all the reasonable regulations established by the park owner. The removal from one park to

7o S. 420.9075(10), F.S.
71 S. 420.9075(13), F.S.
72 Jd.
73 S.723.004, F.S.
74 S. 723.002(1), F.S. The Mobile Home Act does not apply to tenancies in which both the mobile home and the mobile

home lot are rented or leased by the mobile home resident.
75 Stewart v. Green, 300 So. 2d 889, 892 (Fla. 1974).
STORAGE NAME: h1339d.C0M.D0CX                                                                                 PAGE: 12
DATE: 2/24/2020
                   another becomes more than a mere hitching to a truck or tractor and pulling it away. To a large
                   degree, mobile homes are occupied by people in the lower income brackets who cannot spend
                   several hundred dollars at the mere whim of a lessor park. 76

         Mobile homes are not "mobile" in the same sense as are recreational vehicles or camper trailers. 77
         "Because of the difficulties inherent in moving the home from one settled location to another ... it is hard
         to imagine a situation where the park owner and the tenants are in an equal bargaining position on rent
         increases." 78 To better balance the interests of the park owner and the home owner, the Legislature
         enacted laws culminating in the Mobile Home Act7 9

         Chapter 723.003, F.S., provides the following relevant definitions:
            • "Mobile home park" or "park" means a use of land in which lots or spaces are offered for rent or
               lease for the placement of mobile homes and in which the primary use of the park is
               residential. 80
           • "Mobile home owner," "mobile homeowner," "home owner," or "homeowner'' means a person
               who owns a mobile home and rents or leases a lot within a mobile home park for residential
               use. 81

        Mobile home parks are regulated by the Division of Condominiums, Timeshares, and Mobile Homes
        (division) within the Department of Business and Professional Regulation. A mobile home park owner
        must pay to the division, on or before October 1 of each year, an annual fee of $4 for each mobile
        home lot within the mobile home park owned. 82 If the fee is not paid by December 31 a penalty of 1O
        percent of the amount due must be assessed. Additionally, if the fee is not paid, the park owner does
        not have standing to maintain or defend any action in in court until the amount due, plus any penalty, is
        paid. 83 Additionally, a surcharge of $1 is levied on each annual fee. The surcharge collected must be
        deposited in the Florida Mobile Home Relocation Trust Fund. 84


         Mobile Home Dealer Display Requirements (Section 5}

         Present Situation

        A mobile home dealer must hold a license issued by the DHSMV. 85 The term "dealer" means "any
        person engaged in the business of buying, selling, or dealing in mobile homes or offering or displaying
        mobile homes for sale." 86 The term also includes a mobile home broker. 87 Any person who buys, sells,
        deals in, or offers or displays for sale, or who acts as the agent for the sale of, one or more mobile
        homes in any 12-month period is prima facie presumed to be a dealer. The term "dealer'' does not
        include banks, credit unions, or finance companies that acquire mobile homes as an incident to their
        regular business and does not include mobile home rental and leasing companies that sell mobile
        homes to dealers licensed under this section. 88




76 Palm Beach Mobile Homes v. Strong, 300 So. 2d 881, 886 (Fla. 1974 ).
77 Stewart v.   Green, id.
78 Belcher v. Kier, 558 So.2d 1039, 1042 (Fla. 2d DCA 1990) (citation omitted).
79 Herrick v. Florida Dept. of Business Regulation, 595 So.2d 148, 152 (Fla. 1st DCA 1992).

so S. 723.003(12), F.S.
a1 S. 723.003(11 }, F.S.
a2 S. 723.007(1), F.S.
83 Id.
84 S. 723.007(2), F.S.
85 S. 320.77(2), F.S.
8s S. 320.77(1)(a), F.S.
87 Sees. 320.77(1)(b}, F.S., defining the term "mobile home broker."

88 S. 320.77(1)(a), F.S.
STORAGE NAME: h1339d.COM.DOCX                                                                                PAGE: 13
DATE: 2/24/2020
         The place of business of the mobile home dealer must be at a permanent location, not a tent or a
         temporary stand or other temporary quarters. The location of the place of business must afford
         sufficient unoccupied space to store all mobile homes offered and displayed for sale. 89

         Effect of the Bill

         The bill amends s. 320.77, F.S., to remove the requirement that a place of business of a mobile home
         dealer must afford sufficient unoccupied space to store all mobile homes offered and displayed for sale.
         Under the bill, the place of business of a mobile home dealer must have sufficient space to display a
         manufactured home as a model home.

         Recreational Vehicle Dealers (Section 6)

         Present Situation

         A recreational vehicle dealer must hold a license issued by the DHSMV. 90 The term "dealer" means any
         person engaged in the business of buying, selling, or dealing in recreational vehicles or offering or
         displaying recreational vehicles for sale. The term does not include banks, credit unions, and finance
         companies that acquire recreational vehicles as an incident to their regular business and does not
         include mobile home rental and leasing companies that sell recreational vehicles to dealers licensed
         under s. 320.77, F.S.

         A recreational vehicle is a type of motor vehicle primarily designed as temporary living quarters for
         recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn
         by another vehicle. 91 The basic "entities" of a recreational vehicle include the "park trailer," which is a
         transportable unit that has a body width not exceeding 14 feet and which is built on a single chassis
         and is designed to provide seasonal or temporary living quarters when connected to utilities necessary
         for operation of installed fixtures and appliances. 92

         A recreational vehicle dealer must be insured under a garage liability insurance policy that includes a
         minimum $25,000 combined single-limit liability coverage, including bodily injury and property damage
         protection, and $10,000 personal injury protection. 93

         Effect of the Bill

         The bill amends s. 320.771 (3)(j), F.S., to exempt a recreational vehicle dealer from the requirement to
         be insured under a garage liability insurance policy if the dealer sells only park trailers.

         Repair and Remodeling Codes for Mobile and Manufactured Homes (Sections 7 and 8)

         Present Situation

         Chapter 320, F.S., relates to the regulation and enforcement of motor vehicle standards and licenses
         by the DHSMV. Section 320.01(2)(a), F.S., defines the term "mobile home" to mean:

                 [A] structure, transportable in one or more sections, which is 8 body feet or more in width
                 and which is built on an integral chassis and designed to be used as a dwelling when
                 connected to the required utilities and includes the plumbing, heating, air-conditioning,
                 and electrical systems contained therein. For tax purposes, the length of a mobile home
                 is the distance from the exterior of the wall nearest to the drawbar and coupling
                 mechanism to the exterior of the wall at the opposite end of the home where such walls
                 enclose living or other interior space. Such distance includes expandable rooms, but

B9 S. 320.77(3)(h), F.S.
90 S. 320.771(2), F.S.
91 Sees. 320.01(1) (b), F.S.

s2 S. 320.01(1) (b) 7., F.S.
93 S.320.771 (3) U), F.S.
STORAGE NAME: h1339d.C0M.D0CX                                                                                  PAGE: 14
DATE: 2/24/2020
                 excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions,
                 or other attachments that do not enclose interior space. In the event that the mobile
                 home owner has no proof of the length of the drawbar, coupling, or hitch, then the tax
                 collector may in his or her discretion either inspect the home to determine the actual
                 length or may assume 4 feet to be the length of the drawbar, coupling, or hitch.

        Section 320.01(2)(b), F.S., defines the term "manufactured home" to mean:

                 [A] mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility
                 for installation or assembly at the building site, with each section bearing a seal certifying
                 that it is built in compliance with the federal Manufactured Home Construction and
                 Safety Standard Act.

        Section 320.822(2), F.S., defines the term "code" to include the "Mobile Home Repair and Remodeling
        Code" and the "Used Recreational Vehicle Code."

        Section 320.8232(2), F.S., requires that the provisions of the Repair and Remodeling Code ensure safe
        and livable housing and that the code not be more stringent than those standards required to be met in
        the manufacture of mobile homes. Such provisions must include, but not be limited to, standards for
        structural adequacy, plumbing, heating, electrical systems, and fire and life safety. Section
        320.8232(2), F.S., uses the term "Repair and Remodeling Code" and not the term "Mobile Home
        Repair and Remodeling Code."

        Section 320.822(1), F.S., requires compliance with the "Used Recreational Vehicle Code" for
        recreational vehicles manufactured after January 1, 1968, and sold or offered for sale in this state by a
        dealer or manufacturer.

        Effect of the Bill

        The bill amends s. 320.822, F.S., to revise the term "Mobile Home Repair and Remodeling Code" to the
        "Mobile and Manufactured Home Repair and Remodeling Code."

        The bill amends s. 320.8232, F.S., to require the Mobile and Manufactured Home Repair and
        Remodeling Code to be a uniform code. The bill requires that all repairs and remodeling of mobile and
        manufactured homes must be performed in accordance with rules of the DHSMV.

        Jurisdiction of the Public Service Commission as it relates to Mobile Home Parks and Water and
        Wastewater Systems (Section 9)

        Present Situation

        Currently, the Public Service Commission (PSC) has jurisdiction over 150 water and wastewater
        investor-owned utilities (IOUs) in 38 of 67 counties in Florida. 94

        The remaining water and wastewater customers in the state are not subject to PSC regulation and are
        served either by IOUs in non-jurisdictional counties, by wells and septic tanks, or by systems owned,
        operated, managed, or controlled by governmental authorities or by statutorily exempt utilities (such as
        municipal utilities, cooperatives, and non-profits). 95

        Section 367.022(5), F.S., exempts from regulation by the PSC "landlords providing [water or
        wastewater] service to their tenants without specific compensation for the service." Also exempted from
        regulation is any person who resells water service to his or her tenants or to individually metered


94 Public Service Commission, Data of the Florida Utility Industry, p. 31
                                                                      (June 2019),
http://www.psc.state.fl.us/Files/PDF/Publications/Reports/General/Factsandfigures/June%202019.pdf (last visited Jan. 23,
2020).
95 Sees. 367.022, F.S.
STORAGE NAME: h1339d.COM.DOCX                                                                                     PAGE: 15
DATE: 2/24/2020
        residents for a fee that does not exceed the actual purchase price of the water service plus the actual
        cost of meter reading and billing, not to exceed nine percent of the actual cost of service. 96

        Chapter 723.003, F.S., provides the following relevant definitions:
           • "Mobile home subdivision" means a subdivision of mobile homes where individual lots are
              owned by owners and where a portion of the subdivision or the amenities exclusively serving
              the subdivision are retained by the subdivision developer. 97
           • "Mobile home lot rental agreement" or "rental agreement" means any mutual understanding or
              lease, whether oral or written, between a mobile home owner and a mobile home park owner in
              which the mobile home owner is entitled to place his or her mobile home on a mobile home lot
              for either direct or indirect remuneration of the mobile home park owner. 98
           • "Lot rental amount" means all financial obligations, except user fees, which are required as a
              condition of the tenancy. 99
           • "User fees" means those amounts charged in addition to the lot rental amount for nonessential
              optional services provided by or through the park owner to the mobile home owner under a
              separate written agreement between the mobile home owner and the person furnishing the
              optional service or services. 100

        Effect of the Bill

        The bill includes the reselling of "wastewater service" within the current exemption from regulation by
        the PSC.

        The bill also exempts from regulation by the PSC the owner of a mobile home park operating both as a
        mobile home park and a mobile home subdivision, who provides service within the park and subdivision
        to a combination of both tenants and lot owners, provided that the service to tenants is without specific
        compensation.

        Prospectus or Offering Circular and Rental Agreements (Sections 16 and 17)

        Present Situation

        Prospectus
        The mobile home park prospectus is the document that governs the landlord-tenant relationship
        between the park owner and the mobile home owner. 101 The prospectus or offering circular, together
        with its attached exhibits, is a disclosure document intended to afford protection to homeowners and
        prospective homeowners in a mobile home park. The purpose of the document is to disclose the
        representations of the mobile home park owner concerning the operations of the mobile home park. 102

        The prospectus must include a description of the mobile home park property, including, but not limited
        to:103
            •    The number of lots in each section, the approximate size of each lot, the setback requirements,
                 and the minimum separation distance between mobile homes as required by law.
            •    The maximum number of lots that will use shared facilities of the park; and, if the maximum
                 number of lots will vary, a description of the basis for variation.




96 S. 367.022(9), F.S.

97 S. 723.003(14), F.S.
98 S. 723.003(10), F.S.

99 S. 723.003(6), F.S.
100 S. 723.003(21), F.S.
101 S. 723.012, F.S.
102 S. 723.011 (3), F.S.
103 S. 723.012(4), F.S.
STORAGE NAME: h1339d.C0M.D0CX                                                                             PAGE: 16
DATE: 2/24/2020
          The prospectus must also include a description of all improvements, whether temporary or permanent,
          which are required to be installed by the mobile home owner as a condition of occupancy in the park. 104

          If the tenancy was in existence on the effective date of ch. 723, F.S., (June 4, 1984), 105 the prospectus
          or offering circular offered by the mobile home park owner must contain the same terms and conditions
          as rental agreements offered to all other mobile home owners residing in the park on the effective date
          of the Mobile Home Act, excepting only rent variations based upon lot location and size, and must not
          require any mobile home owner to install any permanent improvements.

          In a mobile home park containing 26 or more lots, the park owner must file a prospectus with the
          division for approval. 106 The division maintains copies of each prospectus and all amendments to each
          prospectus that it has approved. 107

          The park owner must provide a copy of the prospectus with exhibits to each prospective lessee prior to
          the execution of the lot rental agreement or at the time of occupancy, whichever occurs first. The lot
          rental agreement is voidable by the lessee for a period of 15 days after receipt of the prospectus. 108

          By rule of the division, the prospectus distributed to a home owner or prospective home owner is
          binding for the length of the tenancy, including any assumptions of that tenancy, and may not be
          changed except in certain specified circumstances. 109

          Mobile Home Lot Rental Agreements
          Rental agreements in a mobile home park must be consistent with the Mobile Home Act. 110 The
          provisions of ch. 723, F.S., are deemed to apply to every tenancy in a mobile home park whether or not
          a tenancy is covered by a valid written rental agreement. 111

          Park owners are prohibited from offering a rental agreement for a term of less than one year. 112 If there
          is no written rental agreement, the rental term may not be less than one year from the date of initial
          occupancy. The initial term may be less than one year in order to permit the park owner to have all
          rental agreements within the park commence at the same time. Thereafter, all terms must be for a
          minimum of one year. 113

          Effect of the Bill

          The bill amends s. 723.011, F.S., to permit the park owner to disclose in the prospectus permanent
          improvements the mobile home owner must install to the mobile home.

          The bill amends s. 723.012, F.S., to provide that if a park owner intends to include additional property
          and mobile home lots and to increase the number of lots that will use the shared facilities of the park,
          the park owner must amend the prospectus to disclose those additions. If the number of mobile home
          lots in the park increase by more than 15 percent of the total number of lots in the original prospectus,
          the park owner will reasonably offset the impact of the additional lots by increasing the shared facilities.
          The amendment to the prospectus must include a reasonable timeframe for providing the required
          additional shared facilities. The costs and expenses necessary to increase the shared facilities will not
          be passed on or pass through to the existing mobile home owners.

          Mobile Home Owner General Obligations (Section 18)

104 S. 723.012(7). F.S.
105 See Chapter 84-80, Laws of Fla.

10s S. 723.011 (1 )(a), F.S.
101 S. 723.011 (1 )(d), F.S.
10a Ss. 723.011(2) and 723.014(1), F.S.
109 See Rule 618-31.001, F.A.C.
110 S. 723.031(1), F.S.
111 Id. at (2).
112 S.723.031(4), F.S.
113 /d.
STORAGE NAME: h1339d.C0M.D0CX                                                                                 PAGE: 17
DATE: 2/24/2020
          Present Situation

          Section 723.023, F.S., sets forth the mobile home owner's general obligations. A mobile home owner
          must at all times:
             • Comply with building, housing, and health codes, including compliance with all building permits
                 and construction requirements for construction on the mobile home and lot. The homeowner is
                 responsible for all fines imposed by the local government for noncompliance with any local
                 codes.
             • Keep the mobile home lot, which he or she occupies clean, neat, and sanitary, and maintained
                 in compliance with all local codes.
             • Comply with properly promulgated park rules and regulations and require other persons on the
                 premises with his or her consent to comply with such rules and to conduct themselves, and
                 other persons on the premises with his or her consent, in a manner that does not unreasonably
                 disturb other residents of the park or constitute a breach of the peace.

          Effect of the Bill

          The bill requires mobile home owners to:
             • Receive written approval from the mobile home park owner before making any exterior
                  modification or addition to the home.
             • When vacating the premises, remove any debris and other property of any kind that is left on
                  the mobile home lot.

          Mobile Home Park Rent Increases (Sections 19 and 20)

          Present Situation

          A purchaser of a mobile home has the right to assume the remainder of the term of any rental
          agreement in effect between the mobile home park owner and seller. 114 The purchaser is also entitled
          to rely on the terms and conditions of the prospectus or offering circular as delivered to the initial
          recipient. 115

          The mobile home park owner may increase the rental amount upon the expiration of the assumed
          rental agreement "in an amount deemed appropriate by the mobile home park owner." 116 The park
          owner must give affected mobile home owners and the board of directors of the homeowners'
          association, if one has been formed, at least a 90-day notice of a lot rental increase. 117

          The amount of the lot rental increase must be disclosed to the purchaser of a mobile home and agreed
          to in writing by the purchaser. 118 Lot rental increases may not be arbitrary or discriminatory between
          similarly situated tenants in the park, and the lot rental may not increase during the term of the rental
          agreement. 119 However, the mobile home park owner may pass on, at any time during the term of the
          rental agreement, ad valorem property taxes and utility charges, or increases of either, if the passing on
          of these costs was disclosed prior to the tenancy. 120

          A park owner is deemed to have disclosed the passing on of ad valorem property taxes and non-ad
          valorem assessments if ad valorem property taxes or non-ad valorem assessments were disclosed as
          a factor for increasing the lot rental amount in the prospectus or rental agreement. 121


114 S. 723.059(3), F.S.
115 /d.
116 S. 723.059(4), F.S.

m S. 723.037(1), F.S.
118 S. 723.031(5), F.S.
119 /d.
120 S. 723.031 (5)(c), F.S.
121 Id.
STORAGE NAME: h1339d.C0M.D0CX                                                                               PAGE: 18
DATE: 2/24/2020
          A park owner must give written notice to each affected mobile home owner and the board of directors
          of the homeowners' association, if one has been formed, at least 90 days before any increase in lot
          rental amount or reduction in services or utilities provided by the park owner or change in rules and
          regulations. 122 The notice must identify all other affected homeowners, which may be by lot number,
          name, group, or phase. If the affected homeowners are not identified by name, the park owner shall
          make the names and addresses available upon request. 123

          A committee of no more than five people, designated by a majority of the owners or by the board of
          directors of the homeowners' association (if formed), and the park owner must meet no later than 60
          days before the effective date of a rent increase to discuss the reasons for the increase. 124 At the
          meeting, the park owner or subdivision developer must in good faith disclose and explain all material
          factors resulting in the decision to increase the lot rental amount, reduce services or utilities, or change
          rules and regulations, including how those factors justify the specific change proposed. 125

          If the meeting does not resolve the issue, then additional meetings may be requested. If subsequent
          meetings are unsuccessful, within 30 days of the last scheduled meeting, the mobile home owners may
          petition the division to initiate mediation. 126 If the mediation does not successfully resolve the dispute,
          then the parties may file an action in circuit court to challenge the rental increase as unreasonable. 127

          Effect of the Bill

          The bill amends s. 723.031, F.S., to require ad valorem property taxes or non-ad valorem assessments
          be disclosed in the prospectus or rental agreement as a separate charge or a factor in order for a park
          owner to be deemed to have disclosed the passing on of ad valorem property taxes and non-ad
          valorem assessments.

          The bill prohibits a park owner from charging or collecting from the mobile home owners any sum of ad
          valorem taxes or non-ad valorem taxes in an amount in excess of the sums remitted by the park owner
          to the tax collector.

          The bill amends s. 723.037, F.S., to permit the park owner to give notice of all rent increases for
          multiple anniversary dates in the same 90-day notice. The bill provides that the requirement for the park
          owner to make available, upon request, the identifying information for homeowners affected by a rent
          increase does not authorize the park owner to release of the names, addresses, or other private
          information about the homeowners to the association or any other person for any other purpose.

          The bill provides that the committee must address all lot rental amount increases that are specified in
          the notice of lot rental amount increase, regardless of the effective date of the increase.

          Replacing Mobile Homes in Mobile Home Parks (Section 21)

          Present Situation

          Except as expressly preempted by the requirements of DHSMV, a mobile home owner or the park
          owner is authorized to "site any size new or used mobile home and appurtenances on a mobile home
          lot in accordance with the lot sizes, separation and setback distances, and other requirements in effect
          at the time of the approval of the mobile home park." 128

          Effect of the Bill


122 S. 723.037(1 ), F.S.

123 /d.
124 S. 723.037(4)(a), F.S.
12s S. 723.037(4)(b), F.S.
12s S. 723.037(5)(a), F.S.
127 S. 723.0381, F.S.
128 S. 723.041(4), F.S.
STORAGE NAME: h1339d.C0M.D0CX                                                                                  PAGE: 19
DATE: 2/24/2020
         The bill provides that a mobile home park that is damaged or destroyed due to wind, water, or other
         natural force may be rebuilt on the same site with the same density as was approved, permitted, and
         built before the park was damaged or destroyed.

         The bill provides that the regulation of the uniform fire safety standards established under s. 633.206,
         F.S., are not limited by this section of the Mobile Home Act. However, the section supersedes any other
         density, separation, setback, or lot size regulation adopted after initial permitting and construction of the
         mobile home park.

         Park Owner Disclosures Prior to Residence (Section 22)

         Present Situation

         A mobile home park owner or developer may not require a person, as a precondition to occupancy in
         the mobile home park, to provide any improvement unless the requirement is disclosed pursuant to
         s. 723.011, F.S, which requires the park owner to deliver a prospectus to the prospective homeowner
         before the rental of a mobile home lot. 129

         In a mobile home park containing 26 or more lots, the park owner must file a prospectus with the
         division. 130 The prospectus must include a "description of all improvements, whether temporary or
         permanent, which are required to be installed by the mobile home owner as a condition of his or her
         occupancy in the park." 131

         Effect of the Bill

         The bill provides that a mobile home park owner or developer may not require a person, as a
         precondition to occupancy in the mobile home park, to provide any improvement unless the
         requirement is disclosed in the prospectus as required under s. 723.012(7), F.S.




129 S. 723.011 (2), F.S.
130 S. 723.011(1), F.S.
131 S. 723.012(7), F.S.
STORAGE NAME: h1339d.COM.DOCX                                                                                PAGE: 20
DATE: 2/24/2020
        Purchasers of a Mobile Home within Mobile Home Park (Section 23)

        Present Situation

        The purchaser of a mobile home has the right to assume the remainder of the term of any rental
        agreement in effect between the mobile home park owner and the seller. The purchaser is entitled to
        rely on the terms and conditions of the prospectus or offering circular as delivered to the initial
        recipient. 132

        Upon the expiration of the assumed rental agreement, the mobile home park owner may increase the
        rental amount if the increase is disclosed to the purchaser prior to his or her occupancy and is imposed
        in a manner consistent with the initial offering circular or prospectus and ch. 723, F.S. 133

        Effect of the Bill

        The bill provides that while that the purchaser of a mobile home on a rented lot may assume the seller's
        prospectus, nothing prohibits the park owner from offering the purchaser any approved prospectus.

        The bill requires a mobile home park owner to disclose the lot rental amount to be charged for a new
        tenancy prior to the applicant paying a screening fee and applying for approval of the tenancy.

        Termination of a Tenancy (Section 24)

        Present Situation

        Section 723.061, F.S., provides the following grounds for termination of a rental agreement:
           • Nonpayment of rent;
           • Conviction of a violation of a federal or state law or local ordinance, if the violation is detrimental
               to the health, safety, or welfare of other residents of the mobile home park;
           • A violation of the park rules or of the rental agreement;
           • A change in land use; or
           • Failure to qualify as, and to obtain approval to become, a tenant or occupant of the home, if
               such approval is required by a properly promulgated rule.

        Notice of an eviction must be posted on the premises and sent to the mobile home owner and tenant or
        occupant by certified or registered mail, return receipt requested. 134

        Effect of the Bill

        The bill requires a park owner to send the change in use eviction notice to the division within 20 days.
        The division must then provide the executive director of the Florida Mobile Home Relocation
        Corporation with a copy of the notice.

        The bill provides that a park owner's acceptance of any portion of a lot rental amount may constitute a
        waiver of the right to terminate the rental agreement or the right to bring a civil action for the
        noncompliance for any subsequent or continuing noncompliance. Any rent so received by the park
        owner must be accounted for at the final hearing.




132 S. 723.059(3), F.S.
133 S. 723.059(4), F.S.

134 S. 723.061(4), F.S.
STORAGE NAME: h1339d.COM.D0CX                                                                               PAGE: 21
DATE: 2/24/2020
         Homeowners' Association Incorporation (Section 25)

         Present Situation

         In order to exercise the rights of a homeowners' association (association}, mobile home owners must
         form an association that must be either a for profit or not for profit corporation and of which not less
         than two-thirds of all the mobile home owners within the park must have consented in writing to
         become members or shareholders. The term "member'' or "shareholder'' means a mobile home owner
         who consents to be bound by the articles of incorporation, bylaws, and polices of the incorporated
         homeowners' association. 135

         Upon receiving its certificate of incorporation the association must notify the park owner in writing of its
         creation and must advise the park owner of the names and addresses of the association officers. This
         notice must be made by personal delivery upon the park owner's representative as designated in the
         prospectus or by certified mail, return receipt requested. 136

         Effect of the Bill

         The bill amends s. 723.076, F.S., to specify that the association must notify the park owner in writing by
         certified mail, return receipt requested, of names and addresses of newly elected or appointed officers
         or members to the association.

         Homeowners' Association Bylaws (Section 26)

         Present Situation

         Voting Requirements and Proxies
         Unless otherwise provided in the bylaws, 30 percent of the total membership is required to constitute a
         quorum for a meeting of the association. 137 A member may not vote by general proxy, but may vote by
         limited proxies substantially conforming to a limited proxy form adopted by the division. However,
         members may cast votes for association board members by limited or general proxy. 138 If a mobile
         home or subdivision lot is jointly owned, the owners of the mobile home or subdivision lot must be
         counted as one for the purpose of determining the number of votes required for a majority. Only one
         vote per mobile home or subdivision lot will be counted. Any number greater than 50 percent of the
         total number of votes constitutes a majority. 139

         Board of directors' and committee meetings
         Meetings of the board of directors and meetings of its committees at which a quorum is present must
         be open to all members. This requirement does not apply to meetings held for the purpose of
         discussing personnel matters or meetings with the association's attorney where the contents of the
         discussion would be governed by the attorney-client privilege. 140

        Member Meetings
        The association must conduct at least one member meeting annually during which members of the
        board of the directors are elected. The association's bylaws may not restrict the nomination from the
        floor of any member desiring to be a candidate for board membership. All nominations from the floor
        must be made at a meeting of the members held at least 30 days before the annual meeting. Unless
        waived in writing, the notice of the annual meeting must be mailed, hand delivered, or electronically
        transmitted to each member to at least 14 days before the meeting. An officer of the association must



135 S. 723.075(1), F.S.
136 S. 723.076(1 ), F.S.

131 S. 723.078(2)(b)1., F.S.
13s S. 723.078(2)(b)2., F.S.
139 S. 723.078(2)(b)2, F.S.
140 S. 723.078(2)(c), F.S.
STORAGE NAME: h1339d.COM.DOCX                                                                                 PAGE: 22
DATE: 2/24/2020
        provide an affidavit affirming that the notices were mailed or hand delivered to each member at the
        address last furnished to the corporation. 141

        Minutes of Meetings
        The minutes of all meetings of members of the association, the board of directors, and a committee
        must be maintained in writing and approved by the members, board, or committee, as applicable. A
        vote or abstention from voting on each matter voted upon for each director present at a board meeting
        must be recorded in the minutes. The minutes of all meetings of members and of the board of directors
        must be maintained, available for inspection, and retained for at least seven years. 142

        Effect of the Bill

        Voting Requirements and Proxies
        The bill provides that a proxy may not be used in the election of board members in general elections or
        elections to fill vacancies caused by recall, resignation, or otherwise. Board members must be elected
        by written ballot or by voting in person.

        Under the bill, elections must be decided by a plurality of the ballots cast. There is no quorum
        requirement for an election but at least 20 percent of the eligible voters must cast a ballot for an
        election to be valid. A member is prohibited from allowing any other person to cast his or her ballot;
        improperly cast ballots are invalid. An election is required only if there are more candidates nominated
        than vacancies that exist on the board.

        The bill provides that each member or other eligible person wishing to be a candidate for the board of
        directors must appear on the ballot in alphabetical order by surname. Ballots may not indicate if a
        candidate is an incumbent on the board. Ballots must be uniform in appearance and may not provide a
        space for the signature of, or any other means of identifying a vote. If the ballot contains more votes
        than vacancies or fewer votes than vacancies, the ballot is invalid unless otherwise stated in the
        bylaws. Write-in candidates and more than one vote per candidate per ballot are not allowed.

        The bill requires election oversight by an impartial committee responsible for complying with all ballot
        requirements. The bill defines "impartial committee" to mean a committee whose members do not
        include any of the following people or their spouses:
            • Current board members.
            • Current association officers.
            • Candidates for the association or board.
        The bill requires the association bylaws provide a method for determining the winner of an election in
        which there is more than one candidate for the same position receiving the same number of votes.

        The bill directs the division to adopt procedural rules to govern elections, including, but not limited to,
        rules for providing notice by electronic transmission and rules for maintaining secrecy of ballots.

        Board of directors' and committee meetings
        The bill provides that meetings between the park owner and the board of directors or any of the board's
        committees are not subject to the requirement that meetings be open to the association members.

        The bill clarifies that notices of all board or committee meetings open to association members must be
        posted in a conspicuous place upon the park property at least 48 hours in advance, except in an
        emergency.




141 S. 723.078(2)(d), F.S.
142 S. 723.078(2)(e), F.S.
STORAGE NAME: h1339d.C0M.D0CX                                                                                 PAGE: 23
DATE: 2/24/2020
         Member Meetings
         The bill changes the date for the meeting at which to nominate candidates to the board of directors to
         27, rather than 30, days before the annual meeting. Unless otherwise stated in the bylaws, notices may
         be delivered electronically.

         Minutes of Meetings
         Under the bill, the minutes of board or committee meetings that are closed to members are privileged,
         confidential, and not available for inspection or photocopying.

        The bill provides that meetings open for members of the board of directors must be maintained in
        writing. All minutes of open meetings must be retained within this state for a period of at least five
        years, rather than seven years in current law.

         Powers and Duties of Homeowners' Associations (Section 27)

         Present Situation

        The powers of the association include, but are not limited to, the maintenance, management, and
        operation of the park property. 143The association must maintain the following items, when applicable,
        which constitute the official records of the association: 144
           • A copy of the articles of incorporation and each amendment.
           • A copy of the bylaws and each amendment.
           • A copy of the written rules or policies and each amendment.
           • Approved minutes for all meetings of the members, board of directors, and committees of the
               board. Records must be retained within this state for at least 7 years.
           • A current roster of all members and their mailing address and lot identifications.
           • All insurance policies or copies, which must be retained for at least 7 years.
           • A copy of all contracts or agreements to which the association is a party. Copies must be
               retained for at least 7 years.
           • The financial and accounting records, which must be maintained for at least 7 years.
           • All other written records that are related to the operation of the association.

        The official records must be maintained within the state for at least 7 years and must be made available
        to a member for inspection or photocopying within 10 business days after receipt by the board or its
        designee of a written request submitted by certified mail, return receipt requested. 145

        Failure to provide access to the records creates a rebuttable presumption that the association willfully
        failed to comply with this section. A member who is denied access to official records is entitled to the
        actual damages or minimum damages for the association's willful failure to comply. Minimum damages
        are $10 per day up to 10 days and calculation begins on the 11th business day after receipt of the
        written request by certified mail, return receipt requested.

        Effect of the Bill

        The bill includes the approved minutes of meetings open for members, open for members of the board,
        and committees as part of the official association records and changes the length of retention from
        seven to five years. The bill specifies that insurance policies and contracts or agreements must be
        retained for at least five years after the expiration date of the policy or contract. The bill provides that
        financial and accounting records of the association must be maintained within this state for at least five
        years, and also specifies that all other written records must be retained within this state for at least five
        years or at least five years after the expiration date.




143 S. 723.079(1), F.S.

144 S. 723.079(4)(a)-(i), F.S.
145
   S. 723.079(5), F.S.
STORAGE NAME: h1339d.COM.DOCX                                                                                 PAGE: 24
DATE: 2/24/2020
        The bill requires that the association records be available for inspection by a member within 20
        business days. Under the bill, an association member denied access to association records may
        recover only $10 per calendar day, not to exceed $100, and the calculation for the damages begins on
        the 21st business day after the association receives the written request for records.

        The bill provides that a dispute between a member and an association regarding inspecting or
        photocopying official records must be submitted to mandatory binding arbitration with the division, and
        the arbitration must be conducted pursuant to s. 723.1255, F.S., and procedural rules adopted by the
        division.

        Alternative Resolution of Recall, Election, and Inspection and Photocopying of Official Records
        Disputes (Section 28)

        Present Situation

        As required by statute, the division adopted rules of procedure governing binding arbitration for recall
        proceedings. 146

        Effect of the Bill

        The bill expands s. 723.1255, F.S., to include disputes between a mobile home owner and a
        homeowners' association regarding the election and recall of officers or directors or the inspection and
        photocopying of official records. The dispute must be submitted to the division for mandatory binding
        arbitration conducted under the statute and the procedural rules adopted by the division.

        Each party is responsible for paying its own attorney fees, expert and investigator fees, and associated
        costs. The cost of the arbitrator must be divided equally between the parties regardless of the outcome.

        The bill clarifies that the division must adopt rules of procedure to govern mandatory binding arbitration
        proceedings.

    8. SECTION DIRECTORY:
        Section 1         Amends s. 125.01055, F.S., relating to county affordable housing.

        Section 2         Amends s. 163.31771, F.S., relating to accessory dwelling units.

        Section 3         Amends s. 163.31801, F.S., relating to impact fees.

        Section 4         Amends s. 166.04151, F.S., relating to municipal affordable housing.

        Section 5         Amends s. 320.77, F.S., relating to licenses required for mobile home park dealers.

        Section 6         Amends s. 320.771, F.S., relating to licenses required for recreational vehicle dealers.

        Section 7         Amends s. 320.822, F.S., relating to definitions pertaining to manufactured homes and
                          recreational vehicles.

        Section 8         Amends s. 320.8232, F.S., relating to uniform standards for used recreational vehicles
                          and repair and remodeling code for mobile homes.

        Section 9         Amends s. 367.022, F.S., relating to water and wastewater system exemptions.

        Section 10        Amends s. 420.5087, F.S., relating to the State Apartment Incentive Loan Program.

        Section 11        Amends s. 420.5095, F.S., relating to Community Workforce Housing Loan Program.

146 Ch. 61 B-50, F.A.C.
STORAGE NAME: h1339d.COM.DOCX                                                                                PAGE: 25
DATE: 2/24/2020
       Section 12     Amends s. 420.531, F.S., relating to Affordable Housing Catalyst Program.

       Section 13     Amends s. 420.9073, F.S., relating to local housing distributions.

       Section 14     Amends s. 420.9075, F.S., relating to local housing assistance plans.

       Section 15     Amends s. 420.9076, F.S., relating to adoption of affordable housing incentive
                      strategies.

       Section 16     Amends s. 723.011, F.S., relating to disclosures prior to renting mobile home lots.

       Section 17     Amends s. 723.012, F.S., relating to prospectus or offering circular for mobile home park
                      property.

       Section 18     Amends s. 723.023, F.S., relating to mobile home owner's general obligations.

       Section 19     Amends s. 723.031, F.S., relating to mobile home lot rental agreements.

       Section 20     Amends s. 723.037, F.S., relating to lot rental increases; reduction in services or utilities;
                      change in rules and regulations; mediation.

       Section 21     Amends s. 723.041, F.S., relating to entrance fees, refunds, exit fee prohibition,
                      replacement homes for mobile home parks.

       Section 22     Amends s. 723.042, F.S., relating to mobile homeowner provision of improvements.

       Section 23     Amends s. 723.059, F.S., relating to rights of mobile home purchaser.

       Section 24     Amends s. 723.061, F.S., relating to grounds and proceedings for mobile homeowner
                      evictions.

       Section 25     Amends s. 723.076, F.S., relating to incorporation of mobile home park associations.

       Section 26     Amends s. 723.078, F.S., relating to mobile home park homeowner association bylaws.

       Section 27     Amends s. 723.079, F.S., relating to mobile home park homeowner association powers
                      and duties.

       Section 28     Amends s. 723.1255, F.S., relating to alternative resolution of recall disputes.

       Section 29     Reenacts s. 420.507, F.S., relating to powers of the Florida Housing Finance
                      Corporation, to incorporate the amendment made to s. 420.5087, F.S. in a reference
                      thereto.

       Section 30     Reenacts s. 193.018, F.S., relating to land owned by a community land trust used to
                      provide affordable housing, to incorporate the amendment made to s. 420.5095, F.S., in
                      a reference thereto.

       Section 31     Provides an effective date of July 1, 2020.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           See Fiscal Comments.
STORAGE NAME: h1339d.C0M.D0CX                                                                               PAGE: 26
DATE: 2/24/2020
        2. Expenditures:
            None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            See Fiscal Comments.

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        None.

    D. FISCAL COMMENTS:

        Affordable Housing

        The Affordable Housing Catalyst Program will incur new costs related to the administration of regional
        affordable housing workshops for locally elected officials as specified in sections 13 and 16 of the bill.
        According to Florida Housing, based on current activities, webinars cost $2,000 each to conduct and in
        person meetings cost $5,250 each. Based on the assumption that the state is divided into six regions,
        with two meetings each per year, the cost of the regional workshops would be between $24,000 and
        $63,000 depending on whether the method of delivery is in person or by teleconference. 147

        The bill requires local governments to adopt an ordinance to allow ADUs in any area zoned for single
        family residential use, except in an area of critical state concern where the state caps the number of
        new housing units which may be built within a year. This may result in an insignificant negative fiscal
        impact on local governments for having to modify current ordinances.


                                                   Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

        2. Other:
           None.

    B. RULE-MAKING AUTHORITY:
        Section 8 of the bill requires repair and remodeling of mobile and manufactured homes be performed in
        accordance with agency rules. Neither the statute being amended, s. 320.8232, F.S., nor the
        rulemaking authority of DHSMV under s. 320.011, F.S., provide specific criteria for the rules to be
        adopted by DHSMV. The particular statute being interpreted or implemented through rulemaking must
        provide specific standards and guidelines to preclude the administrative agency from exercising


147 Florida Housing, 2020 Analysis for HB 1339. On file with Local, Federal & Veterans Affairs Subcommittee.
STORAGE NAME: h1339d.COM.DOCX                                                                                  PAGE: 27
DATE: 2/24/2020
        unbridled discretion in creating policy or applying the law. 148 A delegation of authority to an
        administrative agency by a law that is vague, uncertain, or so broad as to give no notice of what actions
        would violate the law, could be invalidated if it allows the agency to make the law. 149 Because of this
        constitutional limitation on delegated rulemaking, the Legislature must provide minimal standards and
        guidelines in the law creating a program to provide for its proper administration by the assigned
        executive agency. The Legislature may delegate rulemaking authority to agencies but not the authority
        to determine what should be the law. 150

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        On line 653, the bill requires that transitional housing "must be constructed on campus." The term
        "campus" is undefined in the bill and in the statute being amended. As it is unclear to what the term
        "campus" refers, FHFC may not have clear direction for the allocation and use of funds under the terms
        in the bill.

                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
        On February 3, 2020, the Local, Federal & Veterans Affairs Subcommittee adopted a strike all
        amendment and reported the bill favorably as a committee substitute. The strike all amendment made
        the following changes:
            • Exempts local governments in an area of critical state concern from having to adopt an
                 ordinance to allow accessory dwelling units in any area zoned for single-family residential use;
            • Decreases the applicable sales tax to three percent on the sales price on the sale of new mobile
                 homes;
            • Provides that the owner of a mobile home park operating both as a mobile home park and
                 subdivision and who provides service within the park and subdivision to a combination of
                 tenants and lot owners, is exempt from regulation by the Public Service Commission;
            • Provides that mobile home owners may be required to install permanent improvements to the
                 mobile home as disclosed in the prospectus.
            • Allows a home buyer to have the option to receive the seller's prospectus or opt for a new
                 prospectus;
            • Requires a mobile home park owner to amend the prospectus when expanding the park to
                 include new lots and an expansion of more than 15 percent requires increasing facilities or
                 amenities within a reasonable timeframe;
            • Reverts to current law requiring a mobile home park owner to provide an eviction notice by
                 certified mail;
            • Prohibits a mobile home park owner from charging or collecting from mobile home owners any
                 amount charged for ad valorem taxes or non-ad valorem taxes in excess of the sums remitted
                 by the park owner to the tax collector;
            • Requires a park owner to send the change in use eviction notice to the division and the division
                 must send the notice to the Florida Mobile Home Relocation Corporation;
            • Provides that the homeowners' association must n_otify the park owner in writing by certified
                 mail, return receipt requested, of the names and addresses of newly elected or appointed
                 officers or members to the association;
            • Reduces the number of years the homeowners' association must retain certain records from
                 seven to five years;
            • Revises homeowners' association bylaws; and
            • Revises arbitration proceedings to provide that each party must be responsible for paying its
                 own attorney fees, expert and investigator fees, and associated costs; and specifies costs of the
                 arbitrators must be divided equally between the parties regardless of the outcome.




148
    Sloban v. Florida Bd. of Pharmacy, 982 So. 2d 26, 29-30 (Fla. 1st DCA 2008); Askew v. Cross Keys Waterways, 372
So. 2d 913, 918-919 (Fla. 1978); Board of Trustees of the Internal Improvement Trust Fund v. Day Cruise Ass'n, 794 So.
2d 696, 704 (Fla. 1st DCA 2001 ).
149 Conner v. Joe Hatton, Inc., 216 So. 2d 209 (Fla.1968).
150 Sarasota County. v. Barg, 302 So. 2d 737 (Fla. 1974).
STORAGE NAME: h1339d.COM.DOCX                                                                                  PAGE: 28
DATE: 2/24/2020
       On February 19, 2020, the Ways and Means Committee adopted four amendments and reported the
       bill favorably as a committee substitute. The amendments made the following changes:
             • Removed provisions related to sales tax on mobile homes.
            • Removed the waiting period for electing an individual to the board of a mobile home park
                homeowners' association if he or she was previously convicted of a felony. The bill previously
                disallowed eligibility until more than five years had passed from the date the person's civil rights
                were restored.
            • Revised criteria used to evaluate applicants for the State Apartment Incentive Loan Program to
                specify that sponsors cannot be required to have previously worked with the Florida Housing
                Finance Corporation to participate in the program.
             • Requires jurisdictions participating in the State Housing Initiatives Partnership Program to
                prioritize applicants who need less assistance in an effort to maximize the total number of
                applicants who may receive an award.

       This analysis is drafted to the committee substitute as approved by the Ways and Means Committee.




STORAGE NAME: h1339d.C0M.D0CX                                                                               PAGE: 29
DATE: 2/24/2020
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 1339                                                                  2020



    1                                         A bill to be entitled
    2               An act relating to housing; amending s. 125.01055,
    3               F.S.; authorizing a board of county commissioners to
    4               approve development of affordable housing on any
    5               parcel zoned for residential, commercial, or
    6               industrial use; amending s. 163.31771, F.S.; revising
    7               legislative findings; requiring local governments to
    8               adopt ordinances that allow accessory dwelling units
    9               in any area zoned for single-family residential use;
10                  providing an exception; amending s. 163.31801, F.S.;
11                  requiring counties, municipalities, and special
12                  districts to include certain data relating to impact
13                  fees in their annual financial reports; amending s.
14                  166.04151, F.S.; authorizing governing bodies of
15                  municipalities to approve the development of
16                  affordable housing on any parcel zoned for
17                  residential, commercial, or industrial use; amending
18                  s. 320.77, F.S.; revising a certification requirement
19                  for mobile home dealer applicants relating to the
20                  applicant's business location; amending s. 320.771,
21                  F.S.; exempting certain recreational vehicle dealer
22                  applicants from a garage liability insurance
23                  requirement; amending s. 320.822, F.S.; revising the
24                  definition of the term "code"; amending s. 320.8232,
25                  F.S.; revising applicable standards for the repair and

                                                         Page 1 of 65

        CODING: Words striekeR are deletions; words underlined are additions.
                                                                                       hb1339-02-c2
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 1339                                                                  2020



26               remodeling of mobile and manufactured homes; amending
27               s. 367.022, F.S.; exempting certain mobile home park
28               owners and mobile home subdivision owners from
29               regulation by the Florida Public Service Commission
30               relating to water and wastewater service; amending s.
31               420.5087, F.S.; revising the criteria used by a review
32               committee when evaluating and selecting specified
33               applications for state apartment incentive loans;
34               amending s. 420.5095, F.S.; renaming the Community
35               Workforce Housing Innovation Pilot Program as the
36               Community Workforce Housing Loan Program; requiring
37               the program to provide workforce housing; revising the
38               definition of the term "workforce housing"; deleting
39               the definition of the term "public-private
40               partnership"; authorizing the Florida Housing Finance
41               Corporation to provide loans under the program to
42               applicants for construction of workforce housing;
43               requiring the corporation to establish a certain loan
44               application process; deleting provisions requiring the
45               corporation to provide incentives for local
46               governments to use certain funds; requiring projects
47               to receive priority consideration for funding under
48               certain circumstances; deleting a provision providing
49               for the expedition of local government comprehensive
50               plan amendments to implement a program project;

                                                      Page 2 of 65

     CODING: Words striskeA are deletions; words underlined are additions.
                                                                                    hb1339-02-c2
F    L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/CS/HB 1339                                                           2020




51               requiring that the corporation award loans at a
52               specified interest rate and for a limited term;
53               conforming provisions to changes made by the act;
54               amending s. 420.531, F.S.; specifying that technical
55               support provided to local governments and community-
56               based organizations includes implementation of the
57               State Apartment Incentive Loan Program; requiring the
58               entity providing training and technical assistance to
59               convene and administer biannual regional workshops;
60               requiring such entity to annually compile and submit
61               certain information to the Legislature and the
62               corporation by a specified date; amending s. 420.9073,
63               F.S.; authorizing the corporation to withhold a
64               certain portion of funds distributed from the Local
65               Government Housing Trust Fund to be used for certain
66               transitional housing; prohibiting such funds from
67               being used for specified purposes; requiring the
68               corporation to consult with the Department of Children
69               and Families to create minimum criteria for such
70               housing; providing for the distribution of withheld
71               funds; amending s. 420.9075, F.S.; requiring an
72               optimization plan to be included in local housing
73               assistance plan criteria; revising requirements for
74               reports submitted by counties and certain
75               municipalities to the corporation; amending s.

                                                      Page 3 of 65

     CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                             hb1339-02-c2
F     L   O   R     D A        H    O   U   S   E     0    F     REPRESENTATIVES




          CS/CS/HB 1339                                                                   2020



 76               420.9076,        F.S.; revising the membership of local
 77               affordable housing advisory committees beginning on a
 78               specified date; requiring the committees to perform
 79               specified duties annually instead of triennially;
 80               requiring locally elected officials serving on
 81               advisory committees, or their designees, to attend
 82               biannual regional workshops; providing a penalty;
 83               amending s. 723.011,              F.S.; providing construction
 84               relating to rental agreements and tenancies; providing
 85               that a mobile home owner may be required to install
 86               permanent improvements as disclosed in the mobile home
 87               park prospectus; amending s. 723.012,                       F.S.;
 88               authorizing mobile home park owners to make certain
 89               prospectus amendments; providing requirements for the
 90               amendment; prohibiting certain costs and expenses from
 91               being passed on to existing mobile home owners;
 92               amending s. 723.023,              F.S.; revising general
 93               obligations for mobile home owners; amending s.
 94               723.031,      F.S.; specifying a requirement for disclosing
 95               and agreeing to a mobile home lot rental increase;
 96               revising construction relating to a park owner's
 97               disclosure of certain taxes and assessments; amending
 98               s. 723.037,       F.S.; authorizing mobile home park owners
 99               to give notice of lot rental increases for multiple
100               anniversary dates in one notice; providing

                                                       Page 4 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                           2020



101               construction; revising a requirement for a lot rental
102               negotiation committee; amending s. 723.041, F.S.;
103               providing that a mobile home park damaged or destroyed
104               due to natural forces may be rebuilt with the same
105               density as previously approved, permitted, and built;
106               providing construction; amending s. 723.042, F.S.;
107               conforming a provision to changes made by the act;
108               amending s. 723.059, F.S.; authorizing certain mobile
109               home purchasers to assume the remainder of a seller's
110               prospectus; authorizing a mobile home park owner to
111               offer a purchaser any approved prospectus; amending s.
112               723.061, F.S.; specifying entities that must be
113               provided with a           copy of an eviction notice when
114               received by a mobile home owner; specifying the waiver
115               and nonwaiver of certain rights of a mobile home park
116               owner under certain circumstances; requiring the
117               accounting at final hearing of rents received;
118               amending s. 723.076, F.S.; revising procedures related
119               to the election or appointment of new officers in a
120               homeowner's association; amending s. 723.078, F.S.;
121               revising requirements for board elections and ballots;
122               requiring an impartial committee to be responsible for
123               overseeing the election process and complying with
124               ballot requirements; defining the term "impartial
125               committee"; requiring that association bylaws provide

                                                       Page 5 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb1339-02-c2
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                           2020



126               a method for determining the winner of an election
127               under certain circumstances; requiring the Division of
128               Florida Condominiums, Timeshares, and Mobile Homes to
129               adopt procedural rules; revising the types of meetings
130               that are not required to be open to members; providing
131               an exception to a provision requiring an officer of an
132               association to provide an affidavit affirming certain
133               information; authorizing meeting notices to be
134               provided by electronic means; providing that the
135               minutes of certain board and committee meetings are
136               privileged and confidential; conforming provisions to
137               changes made by the act; amending s. 723.079, F.S.;
138               revising homeowners' association recordkeeping
139               requirements; revising the timeframes for which
140               certain records are required to be retained and be
141               made available for inspection or photocopying; capping
142               the amount of damages for which an association is
143               liable when a member is denied access to official
144               records; requiring that certain disputes be submitted
145               to mandatory binding arbitration with the division;
146               amending s. 723.1255, F.S.; requiring that certain
147               disputes be submitted to mandatory binding arbitration
148               with the division; providing requirements for such
149               arbitration and fees and costs; requiring the division
150               to adopt rules; reenacting s. 420.507 (22) (i), F.S.,

                                                       Page 6 of 65

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                              hb1339-02-c2
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/CS/HB 1339                                                                           2020



151              relating to powers of the Florida Housing Finance
152              Corporation, to incorporate the amendment made to s.
153              420.5087, F.S., in a reference thereto; reenacting s.
154              193.018(2), F.S., relating to land owned by a
155              community land trust used to provide affordable
156              housing, to incorporate the amendment made to s.
157              420.5095, F.S., in a reference thereto; providing an
158              effective date.
159
160      Be It Enacted by the Legislature of the State of Florida:
161
162              Section 1.         Subsection (4) is added to section 125.01055,
163      Florida Statutes, to read:
164              125.01055         Affordable housing.-
165               (4)    Notwithstanding any other law, local ordinance, or
166      regulation to the contrary, the board of county commissioners
167      may approve the development of housing that is affordable, as
168      defined ins. 420.0004, on any parcel zoned for residential,
169      commercial, or industrial use.
170              Section 2.         Subsections ( 1) ,          ( 3) , and ( 4) of section
171      163.31771, Florida Statutes, are amended to read:
172              163.31771         Accessory dwelling units.-
173               (1)    The Legislature finds that the median price of homes
174      in this state has increased steadily over the last decade and at
175      a greater rate of increase than the median income in many urban

                                                       Page 7 of 65

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                             hb1339-02-c2
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                           2020



176       areas. The Legislature finds that the cost of rental housing has
177       also increased steadily and the cost often exceeds an amount
178       that is affordable to extremely-low-income, very-low-income,
179       low-income, or moderate-income persons and has resulted in a
180       critical shortage of affordable rentals in many urban areas in
181       the state. This shortage of affordable rentals constitutes a
182       threat to the health, safety, and welfare of the residents of
183       the state. Therefore, the Legislature finds that it serves an
184       important public purpose to require encourage the permitting of
185       accessory dwelling units in single-family residential areas in
186       order to increase the availability of affordable rentals for
187       extremely-low-income, very-low-income, low-income, or moderate-
188       income persons.
189               (3)     Each Upon a finding by a local government that there
190       is a shortage of affordable rentals within its jurisdiction, the
191       local government shall may adopt an ordinance to allow accessory
192       dwelling units in any area zoned for single-family residential
193       use, except in an area of critical state concern where the state
194       caps the number of new housing units which may be built within a
195       year.
196               ( 4)    If the local govermRent adopts an ordinance under this
197       section, An application for a building permit to construct an
198       accessory dwelling unit must include an affidavit from the
199       applicant which attests that the unit will be rented at an
200       affordable rate to an extremely-low-income, very-low-income,

                                                       Page 8 of 65

      CODING: Words strisken are deletions; words underlined are additions.
                                                                              hb1339-02-c2
FLORIDA                        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 1339                                                                   2020



201      low-income, or moderate-income person or persons.
202              Section 3.         Subsection (10) is added to section 163.31801,
203      Florida Statutes, to read:
204              163.31801         Impact fees; short title; intent; minimum
205      requirements; audits; challenges.-
206               (10)     In addition to the items that must be reported in the
207      annual financial reports under s. 218.32, each county,
208      municipality, and special district must report all of the
209      following data on each impact fee charged:
210               (a)    The specific purpose of the impact fee, including the
211      specific infrastructure needs to be met such as transportation,
212      parks, water, sewer, and schools.
213               (b)    The impact fee schedule policy describing the method
214      of calculating impact fees, such as flat fees, tiered fees based
215      on the number of bedrooms, or tiered fees based on the square
216      footage.
217               (c)    The amount assessed for each purpose and for each type
218      of dwelling.
219               (d)    The total amount of impact fees charged by type of
220      dwelling.
221              Section 4.         Subsection (4) is added to section 166.04151,
222      Florida Statutes, to read:
223              166.04151         Affordable housing.-
224               (4)    Notwithstanding any other law, local ordinance, or
225      regulation to the contrary, the governing body of a municipality

                                                       Page 9 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
FLORIDA                        H   O   U   S   E      0    F     REPRESENTATIVES




         CS/CS/HB 1339                                                                2020



226      may approve the development of housing that is affordable, as
227      defined ins. 420.0004, on any parcel zoned for residential,
228      commercial, or industrial use.
229              Section 5.          Paragraph (h) of subsection (3) of section
230      320.77, Florida Statutes, is amended to read:
231              320.77       License required of mobile home dealers.-
232               (3)    APPLICATION.-The application for such license shall be
233      in the form prescribed by the department and subject to such
234      rules as may be prescribed by it. The application shall be
235      verified by oath or affirmation and shall contain:
236               (h)    Certification by the applicant~
237              1.     That the location is a permanent one, not a tent or a
238      temporary stand or other temporary quarters~; and,
239              2.     Except in the case of a mobile home broker, that the
240      location affords sufficient unoccupied space to display store
241      all mobile homes offered and displayed for sale. A space to
242      display a manufactured home as a model home satisfies this
243      requirement.; and that The location must be -i-& a suitable place
244      in which the applicant can in good faith carry on business and
245      keep and maintain books, records, and files necessary to conduct
246      such business, which must w-i-±-±- be available at all reasonable
247      hours to inspection by the department or any of its inspectors
248      or other employees.
249
250      This paragraph does subsection shall not preclude a licensed

                                                      Page 10 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                  hb1339-02-c2
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/CS/HB 1339                                                               2020




251      mobile home dealer from displaying and offering for sale mobile
252      homes in a mobile home park.
253
254      The department shall, if it deems necessary, cause an
255      investigation to be made to ascertain if the facts set forth in
256      the application are true and shall not issue a license to the
257      applicant until it is satisfied that the facts set forth in the
258      application are true.
259              Section 6.         Paragraph (j) of subsection (3) of section
260      320.771, Florida Statutes, is amended to read:
261              320.771        License required of recreational vehicle dealers.-
262               (3)    APPLICATION.-The application for such license shall be
263      in the form prescribed by the department and subject to such
264      rules as may be prescribed by it. The application shall be
265      verified by oath or affirmation and shall contain:
266               (j)    A statement that the applicant is insured under a
267      garage liability insurance policy, which shall include, at a
268      minimum, $25,000 combined single-limit liability coverage,
269      including bodily injury and property damage protection, and
270      $10,000 personal injury protection, if the applicant is to be
271      licensed as a dealer in, or intends to sell, recreational
272      vehicles. However, a garage liability policy is not required for
273      the licensure of a mobile home dealer who sells only park
274      trailers.
275

                                                      Page 11 of 65

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                 hb1339-02-c2
FLORIDA                        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 1339                                                                   2020



276      The department shall, if it deems necessary, cause an
277      investigation to be made to ascertain if the facts set forth in
278      the application are true and shall not issue a license to the
279      applicant until it is satisfied that the facts set forth in the
280      application are true.
281              Section 7.          Paragraph (c) of subsection (2) of section
282      320.822, Florida Statutes, is amended to read:
283              320.822        Definitions; ss. 320.822-320.862.-In construing
284      ss. 320.822-320.862, unless the context otherwise requires, the
285      following words or phrases have the following meanings:
286               (2)    "Code" means the appropriate standards found in:
287               (c)    The Mobile and Manufactured Home Repair and Remodeling
288      Code and the Used Recreational Vehicle Code.
289              Section 8.          Subsection (2) of section 320.8232, Florida
290      Statutes, is amended to read:
291              320.8232          Establishment of uniform standards for used
292      recreational vehicles and repair and remodeling code for mobile
293      homes.-
294               (2)    The Mobile and Manufactured Home provisions of the
295      Repair and Remodeling Code must be a uniform code, must shall
296      ensure safe and livable housing~ and may shall not be more
297      stringent than those standards required to be met in the
298      manufacture of mobile homes. Such code must provisions shall
299      include, but not be limited to, standards for structural
300      adequacy, plumbing, heating, electrical systems, and fire and

                                                      Page 12 of 65

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
FLORIDA                        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 1339                                                                        2020



301      life safety. All repairs and remodeling of mobile and
302      manufactured homes must be performed in accordance with
303      department rules.
304              Section 9.         Subsection (9) of section 367.022, Florida
305      Statutes, is amended, and subsection (14) is added to that
306      section, to read:
307              367.022       Exemptions.-The following are not subject to
308      regulation by the commission as a utility nor are they subject
309      to the provisions of this chapter, except as expressly provided:
310               (9)    Any person who resells water service to his or her
311      tenants or to individually metered residents for a fee that does
312      not exceed the actual purchase price of the water and wastewater
313      service plus the actual cost of meter reading and billing, not
314      to exceed 9 percent of the actual cost of service.
315               (14)     The owner of a mobile home park operating both as a
316      mobile home park and a mobile home subdivision, as those terms
317      are defined ins. 723.003, who provides service within the park
318      and subdivision to a combination of both tenants and lot owners,
319      provided that the service to tenants is without specific
320      compensation.
321              Section 10.            Paragraph (c) of subsection (6) of section
322      420.5087, Florida Statutes, is amended to read:
323              420.5087          State Apartment Incentive Loan Program.-There is
324      hereby created the State Apartment Incentive Loan Program for
325      the purpose of providing first,                      second, or other subordinated

                                                      Page 13 of 65

      CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                         hb1339-02-c2
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 1339                                                                  2020



326       mortgage loans or loan guarantees to sponsors, including for-
327       profit, nonprofit, and public entities, to provide housing
328       affordable to very-low-income persons.
329               (6)      On all state apartment incentive loans, except loans
330       made to housing communities for the elderly to provide for
331       lifesafety, building preservation, health, sanitation, or
332       security-related repairs or improvements, the following
333       provisions shall apply:
334               (c)      The corporation shall provide by rule for the
335       establishment of a review committee for the competitive
336       evaluation and selection of applications submitted in this
337       program. The review committee must use evaluation criteria that
338       include, including, but are not limited to, the following
339       criteria:
340               1.    Tenant income and demographic targeting objectives of
341       the corporation.
342               2.    Targeting objectives of the corporation which will
343       ensure an equitable distribution of loans between rural and
344       urban areas.
345               3.      Sponsor's agreement to reserve the units for persons or
346       families who have incomes below 50 percent of the state or local
347       median income, whichever is higher, for a time period that
348       exceeds the minimum required by federal law or this part.
349               4.    Sponsor's agreement to reserve more than:
350               a.    Twenty percent of the units in the project for persons

                                                      Page 14 of 65

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
F     L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/H B 1339                                                           2020



351       or families who have incomes that do not exceed 50 percent of
352       the state or local median income, whichever is higher; or
353               b.       Forty percent of the units in the project for persons
354       or families who have incomes that do not exceed 60 percent of
355       the state or local median income, whichever is higher, without
356       requiring a greater amount of the loans as provided in this
357       section.
358               5.       Provision for tenant counseling.
359               6.       Sponsor's agreement to accept rental assistance
360       certificates or vouchers as payment for rent.
361               7.       Projects requiring the least amount of a state
362       apartment incentive loan compared to overall project cost,
363       except that the share of the loan attributable to units serving
364       extremely-low-income persons must be excluded from this
365       requirement.
366               8.       Local government contributions and local government
367       comprehensive planning and activities that promote affordable
368       housing and policies that promote access to public
369       transportation, reduce the need for onsite parking, and expedite
370       permits for affordable housing projects.
371               9.       Project feasibility.
372               10.      Economic viability of the project.
373               11.       Commitment of first mortgage financing.
374               12.      Sponsor's prior experience. This criterion may not
375       require a sponsor to have prior experience with the corporation

                                                      Page 15 of 65

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                              hb1339-02-c2
F     L   O   R     D A        H    O   U   S   E     0    F     REPRESENTATIVES




          CS/CS/HB 1339                                                              2020



376       to qualify for financing under the program.
377               13.     Sponsor's ability to proceed with construction.
378               14.     Projects that directly implement or assist welfare-to-
379       work transitioning.
380               15.     Projects that reserve units for extremely-low-income
381       persons.
382               16.     Projects that include green building principles,
383       storm-resistant construction, or other elements that reduce
384       long-term costs relating to maintenance, utilities, or
385       insurance.
386               17.     Job-creation rate of the developer and general
387       contractor, as provided ins. 420.507(47).
388               Section 11.           Section 420.5095, Florida Statutes, is amended
389       to read:
390               420.5095         Community Workforce Housing Loan Innovation Pilot
391       Program.-
392               (1)     The Legislature finds and declares that recent rapid
393       increases in the median purchase price of a home and the cost of
394       rental housing have far outstripped the increases in median
395       income in the state, preventing essential services personnel
396       from living in the cofflfflunities where they serve and thereby
397       creating the need for innovative solutions for the provision of
398       housing opportunities for essential services personnel.
399               (2)     The Community Workforce Housing Loan Innovation Pilot
400       Program is created to provide affordable rental and home

                                                      Page 16 of 65

      CODING: Words strickeR are deletions; words underlined are additions.
                                                                                 hb1339-02-c2
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 1339                                                                  2020




401       ownership coffiffiunity workforce housing for persons essential
402       services personnel affected by the high cost of housing, using
403       regulatory incentives and state and local funds to promote local
404       public private partnerships and leverage government and private
405       resources.
406               (3)     For purposes of this section, the term+
407               +a+-    "workforce housing" means housing affordable to
408       natural persons or families whose total annual household income
409       does not exceed 80 -±-4-G- percent of the area median income,
410       adjusted for household size, or 120 -±-§-G. percent of area median
411       income, adjusted for household size, in areas of critical state
412       concern designated under s. 380.05, for which the Legislature
413       has declared its intent to provide affordable housing, and areas
414       that were designated as areas of critical state concern for at
415       least 20 consecutive years before prior to removal of the
416       designation.
417               (b)     "Public private partnership" means any form of
418       business entity that includes substantial involvement of at
419       least one county, one municipality, or one public sector entity,
420       such as a school district or other unit of local government in
421       which the project is to be located, and at least one private
422       sector for profit or not for profit business or charitable
423       entity, and may be any form of business entity, including a
424       joint venture or contractual agreement.
425               (4)     The Florida Housing Finance Corporation may ±--a-

                                                      Page 17 of 65

      CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
F     L   O   R     D A        H   O   U   S   E      0    F     REPRESENTATIVES




          CS/CS/HB 1339                                                           2020



426       authori;;i:ed to provide loans under the Cofflffl:unity Workforce
427       Housing Innovation Pilot program loans to applicants aft
428       applicant for construction or rehabilitation of workforce
429       housing in eligible areas. This funding is intended to be used
430       with other public and private sector resources.
431               (5)     The corporation shall establish a loan application
432       process under s. 420.5087 by rule which includes selection
433       criteria, an application review process, and a funding process.
434       The corporation shall also establish an application review
435       cofflfflittee that may include up to three private citi;;i:ens
436       representing the areas of housing or real estate development,
437       banking, cofflffl:unity planning, or other areas related to the
438       development or financing of workforce and affordable housing.
439               (a)     The selection criteria and application review process
440       must include a procedure for curing errors in the loan
441       applications which do not make a substantial change to the
442       proposed project.
443               (b)     To achieve the goals of the pilot program, the
444       application review cofflfflittee may approve or reject loan
445       applications or responses to questions raised during the review
446       of an application due to the insufficiency of information
447       provided.
448               (c)     The application review cofflfflittee shall make
449       recofflfflendations concerning program participation and funding to
450       the corporation's board of directors.

                                                      Page 18 of 65

      CODING: Words stFiekeA are deletions; words underlined are additions.
                                                                              hb1339-02-c2
FLORIDA                        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 1339                                                                   2020



451               (d)    The board of directors shall approve or reject loan
452      applications, determine the tentative loan amount available to
453      each applicant, and rank all approved applications.
454               (e)    The board of directors shall decide which approved
455      applicants will become program participants and determine the
456      manimum loan amount for each program participant.
457               (6)    The corporation shall provide incentives for local
458      governments in eligible areas to use local affordable housing
459      funds,     such as those from the State Housing Initiatives
460      Partnership Program, to assist in meeting the affordable housing
461      needs of persons eligible under this program. Local governIBents
462      are authorized to use State Housing Initiative Partnership
463      Program funds for persons or families whose total annual
464      household income does not enceed:
465               (a)    One hundred and forty percent of the area median
466      income, adjusted for household size; or
467               (b)    One hundred and fifty percent of the area median
468      income, adjusted for household size, in areas that were
469      designated as areas of critical state concern for at least 20
470      consecutive years prior to the removal of the designation and in
471      areas of critical state concern, designated under s. 380.05, for
472      which the Legislature has declared its intent to provide
473      affordable housing.
474               (7)    Funding shall be targeted to innovative projects in
475      areas where the disparity between the area median income and the

                                                      Page 19 of 65

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
F     L   O   R      D A        H   O   U   S   E     0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                             2020




476       mediafi sales price for a siRgle family home is greatest, afid
477       where populatiofi growth as a percefitage rate of iRcrease is
478       greatest. The corporatiofi may also fufid projects ifi areas where
479       iRRovative regulatory afid fifiaficial iRceRtives are made
480       available. The corporatiofi shall fufid at least Ofie eligible
481       project ifi as mafiy coufities and regions of the state as is
482       practicable, consistent with program goals.
483               J...§l-f-8+   Projects must be given shall receive priority
484       consideration for funding if where:
485               (a)      The local jurisdiction has adopted, or is committed to
486       adopting, appropriate regulatory incentives, or the local
487       jurisdiction or public private partnership has adopted or is
488       committed to adopting local contributions or financial
489       strategies, or other funding sources to promote the development
490       and ongoing financial viability of such projects. Local
491       incentives include such actions as expediting review of
492       development orders and permits, supporting development near
493       transportation hubs and major employment centers, and adopting
494       land development regulations designed to allow flexibility in
495       densities, use of accessory units, mixed-use developments, and
496       flexible lot configurations. Financial strategies include such
497       actions as promoting employer-assisted housing programs,
498       providing tax increment financing, and providing land.
499               (b)      Projects are innovative and include new construction
500       or rehabilitation; mi1ced income housing; commercial and housing

                                                      Page 20 of 65

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                                hb1339-02-c2
FLORIDA                        H   O   U   S   E      0    F     REPRESENTATIVES




         CS/CS/HB 1339                                                                             2020




501      miKed use elements; innovative design; green building
502      principles; storm resistant construction; or other elements that
503      reduce long term costs relating to maintenance, utilities, or
504      insurance and promote homeownership. The program funding may not
505      e}{Ceed the costs attributable to the portion of the project that
506      is set aside to provide housing for the targeted population.
507              ~-te+-       The projects th-a-t- set aside at least 50 at least 80
508      percent of the units for workforce housing and at least 50
509      percent for essential services personnel and for projects that
510      require the least amount of program funding compared to the
511      overall housing costs for the project.
512               (9)    Hotwithstanding s. 163.3184 (4) (b)                  (d), any local
513      government comprehensive plan amendfflent to implement a Coffiffiunity
514      Workforce Housing Innovation Pilot Program project found
515      consistent with this section shall be e}{pedited as provided in
516      this subsection. At least 30 days prior to adopting a plan
517      amendraent under this subsection, the local government shall
518      notify the state land planning agency of its intent to adopt
519      such an amendffient, and the notice shall include its evaluation
520      related to site suitability and availability of facilities and
521      services. The public notice of the hearing required bys.
522      163.3184(11) (b)2. shall include a statement that the local
523      government intends to use the e}{pedited adoption process
524      authorized by this subsection. Such amendments shall require
525      only a single public hearing before the governing board, which

                                                      Page 21 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                               hb1339-02-c2
FLORIDA                        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 1339                                                                   2020



526      shall be an adoption hearing as described in s. 163.318q (q) (e).
527      Any further proceedings shall be governed bys. 163.318q(§)
528       ( 13) .
529                 (10)   The processing of approvals of development orders or
530      development permits, as defined ins. 163.316q, for innovative
531      coffiffiunity workforce housing projects shall be eupedited.
532                 J..21-H:-±+ The corporation shall award loans w i t h ~
533      interest rates set at 1 to 3 percent interest rate for a term
534      that does not exceed 15 years, which may be made forgivable \ihen
535      long term affordability is provided and when at least 80 percent
536      of the units are set aside for worl(force housing and at least 50
537      percent of the units are set aside for essential services
538      personnel.
539                 (12)   All eligible applications shall:
540                 (a)    For home ownership, limit the sales price of a
541      detached unit, townhome, or condominium unit to not more than 90
542      percent of the median sales price for that type of unit in that
543      county, or the statewide median sales price for that type of
544      unit, whichever is higher, and require that all eligible
545      purchasers of home ownership units occupy the homes as their
546      primary residence.
547                 (b)    For rental units, restrict rents for all workforce
548      housing serving those with incomes at or below 120 percent of
549      area median income at the appropriate income level using the
550      restricted rents for the federal low incoffie housing tau credit

                                                      Page 22 of 65

      CODING: Words striskeR are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
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 1339                                                                  2020



551       program and, for workforce housing units serving those with
552       incomes above 120 percent of area median income, restrict rents
553       to those established by the corporation, not to eHceed 30
554       percent of the maHimum household income adjusted to unit si~e.
555               (c)     Demonstrate that the applicant is a public private
556       partnership in an agreement, contract, partnership agreement,
557       memorandum of understanding, or other written instrument signed
558       by all the project partners.
559               (d)     Have grants, donations of land, or contributions from
560       the public private partnership or other sources collectively
561       totaling at least 10 percent of the total development cost or $2
562       million, whichever is less. Such grants, donations of land, or
563       contributions must be evidenced by a letter of commitment,
564       agreement, contract, deed, memorandum of understanding, or other
565       written instrument at the time of application. Grants, donations
566       of land, or contributions in eucess of 10 percent of the
567       development cost shall increase the application score.
568               (e)     Demonstrate how the applicant will use the regulatory
569       incentives and financial strategies outlined in subsection (8)
570       from the local jurisdiction in which the proposed project is to
571       be located. The corporation may consult with the Department of
572       Economic Opportunity in evaluating the use of regulatory
573       incentives by applicants.
574               (f)     Demonstrate that the applicant possesses title to or
575       site control of land and evidences availability of required

                                                      Page 23 of 65

      CODING: Words strisken are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/CS/H B 1339                                                                   2020



576      infrastructure.
577               (g)     Demonstrate the applicant's affordable housing
578      development and FRanagemcnt euperience.
579               (h)     Provide any research or facts available supporting the
580      deFRand and need for rental or hoFRe ownership worlcforce housing
581      for eligible persons in the FRarket in which the project is
582      proposed.
583               (13)     Projects may include FRanufactured housing constructed
584      after June 1994 and installed in accordance with FRobile hoFRe
585      installation standards of the DepartFRent of Highway Safety and
586      Heter Vehicles.
587              ~-f-14+-      The corporation may adopt rules pursuant toss.
588      120.536(1) and 120.54 to implement this section.
589               ( 15)    The corporation may use a FRGJciFfl:Uffi of 2 percent of the
590      annual program appropriation for adfflinistration and compliance
591      FRonitoring.
592       (16)     The corporation shall review the success of the Coffiffiunity
593      Workforce Housing Innovation Pilot PrograFR to ascertain whether
594      the projects financed by the prograFR are useful in FReeting the
595      housing needs of eligible areas and shall include its findings
596      in the annual report required under s.                         420.511(3).
597              Section 12.           Section 420.531, Florida Statutes, is amended
598      to read:
599              420.531       Affordable Housing Catalyst Program.-
600              J..ll    The corporation shall operate the Affordable Housing

                                                      Page 24 of 65

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
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 1339                                                                  2020



601       Catalyst Program for the purpose of securing the expertise
602       necessary to provide specialized technical support to local
603       governments and community-based organizations to implement the
604       HOME Investment Partnership Program, State Apartment Incentive
605       Loan Program, State Housing Initiatives Partnership Program, and
606       other affordable housing programs. To the maximum extent
607       feasible, the entity to provide the necessary expertise must be
608       recognized by the Internal Revenue Service as a nonprofit tax-
609       exempt organization. It must have as its primary mission the
610       provision of affordable housing training and technical
611       assistance, an ability to provide training and technical
612       assistance statewide, and a proven track record of successfully
613       providing training and technical assistance under the Affordable
614       Housing Catalyst Program. The technical support shall, at a
615       minimum, include training relating to the following key elements
616       of the partnership programs:
617               ~-H:-+-      Formation of local and regional housing
618       partnerships as a means of bringing together resources to
619       provide affordable housing.
620               l.el_-f-2+   Implementation of regulatory reforms to reduce the
621       risk and cost of developing affordable housing.
622               l.£1-t-3+    Implementation of affordable housing programs
623       included in local government comprehensive plans.
624               ~+4+         Compliance with requirements of federally funded
625       housing programs.

                                                      Page 25 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
FLORIDA                        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 1339                                                                            2020



626               (2)    In consultation with the corporation, the entity
627      providing statewide training and technical assistance shall
628      convene and administer biannual regional workshops for the
629      locally elected officials serving on affordable housing advisory
630      committees as provided ins. 420.9076. The regional workshops
631      may be conducted through teleconferencing or other technological
632      means and must include processes and programming that facilitate
633      peer-to-peer identification and sharing of best affordable
634      housing practices among the locally elected officials. Annually,
635      the entity providing statewide training and technical assistance
636      must compile calendar year reports summarizing the
637      deliberations, actions, and recommendations of each region, as
638      well as the attendance records of locally elected officials, and
639      must submit such reports to the President of the Senate, the
640      Speaker of the House of Representatives, and the corporation by
641      March 31 of the following year.
642              Section 13.            Subsection (7) of section 420.9073, Florida
643      Statutes, is renumbered as subsection (8), and a new subsection
644       (7) is added to that section to read:
645              420.9073          Local housing distributions.-
646               (7)    Notwithstanding subsections                   (1)-(4), the corporation
647      may withhold up to 5 percent of the total amount distributed
648      each fiscal year from the Local Government Housing Trust Fund to
649      provide additional funding to counties and eligible
650      municipalities for the construction of transitional housing for

                                                      Page 26 of 65

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                            hb1339-02-c2
FLORIDA                        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 1339                                                                       2020



651      persons aging out of foster care. Funds may not be used for the
652      design or planning of transitional housing and the housing must
653      be constructed on campus. The corporation must consult with the
654      Department of Children and Families to create minimum criteria
655      for such housing. Any portion of the withheld funds not
656      distributed or committed by the end of the fiscal year shall be
657      distributed as provided in subsections                         (1) and (2).
658              Section 14.            Paragraph (a)         of subsection (4) of section
659      420.9075,       Florida Statutes, is amended, and paragraph (j) is
660      added to subsection (10) of that section, to read:
661              420.9075          Local housing assistance plans; partnerships.-
662               (4)    Each local housing assistance plan is governed by the
663      following criteria and administrative procedures:
664               (a)    Each county, eligible municipality, or entity formed
665      through interlocal agreement to participate in the State Housing
666      Initiatives Partnership Program must develop a qualification
667      system and selection criteria for applications for awards by
668      eligible sponsors, adopt criteria for the selection of eligible
669      persons, and adopt a maximum award schedule or system of amounts
670      consistent with the intent and budget of its local housing
671      assistance plan, with ss. 420.907-420.9079, and with corporation
672      rule. The selection criteria must provide priority to applicants
673      who need less assistance so as to maximize the total number of
674      applicants who may receive an award under the program.
675               (10)     Each county or eligible municipality shall submit to

                                                      Page 27 of 65

      CODING: Words strisken are deletions; words underlined are additions.
                                                                                         hb1339-02-c2
FLORIDA                        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 1339                                                                   2020



676      the corporation by September 15 of each year a report of its
677      affordable housing programs and accomplishments through June 30
678      immediately preceding submittal of the report. The report shall
679      be certified as accurate and complete by the local government's
680      chief elected official or his or her designee. Transmittal of
681      the annual report by a county's or eligible municipality's chief
682      elected official, or his or her designee, certifies that the
683      local housing incentive strategies, or, if applicable, the local
684      housing incentive plan, have been implemented or are in the
685      process of being implemented pursuant to the adopted schedule
686      for implementation. The report must include, but is not limited
687      to:
688               (j)    The number of affordable housing applications that
689      were submitted, the number of such applications that were
690      approved, and the number of such applications that were denied.
691              Section 15.            Subsections (2) and (4) of section 420.9076,
692      Florida Statutes, are amended, and subsection (10) is added to
693      that section, to read:
694              420.9076          Adoption of affordable housing incentive
695      strategies; committees.-
696               (2)    The governing board of a county or municipality shall
697      appoint the members of the affordable housing advisory
698      committee. Pursuant to the terms of any interlocal agreement, a
699      county and municipality may create and jointly appoint an
700      advisory committee. The local action adopted pursuant to s.

                                                      Page 28 of 65

      CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         CS/CS/HB 1339                                                                         2020



701      420.9072 which creates the advisory committee and appoints the
702      advisory committee members must name at least 8 but not more
703      than 11 committee members and specify their terms. Effective
704      October 1, 2020, the committee must consist of one locally
705      elected official from each county or municipality participating
706      in the State Housing Initiatives Partnership Program and one
707      representative from at least six of the categories below:
708               (a)    A citizen who is actively engaged in the residential
709      home building industry in connection with affordable housing.
710               (b)    A citizen who is actively engaged in the banking or
711      mortgage banking industry in connection with affordable housing.
712               (c)    A citizen who is a representative of those areas of
713      labor actively engaged in home building in connection with
714      affordable housing.
715               (d)    A citizen who is actively engaged as an advocate for
716      low-income persons in connection with affordable housing.
717               (e)    A citizen who is actively engaged as a               for-profit
718      provider of affordable housing.
719               (f)    A citizen who is actively engaged as a not-for-profit

720      provider of affordable housing.
721               (g)    A citizen who is actively engaged as a real estate

722      professional in connection with affordable housing.
723               (h)    A citizen who actively serves on the local planning
724      agency pursuant to s. 163.3174. If the local planning agency is
725      comprised of the governing board of the county or municipality,

                                                      Page 29 of 65

      CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                           hb1339-02-c2
F     L   O   R     D A        H   O   U   S   E      0    F     REPRESENTATIVES




          CS/CS/HB 1339                                                           2020



726       the governing board may appoint a designee who is knowledgeable
727       in the local planning process.
728               (i)     A citizen who resides within the jurisdiction of the
729       local governing body making the appointments.
730               (j)     A citizen who represents employers within the
731       jurisdiction.
732               (k)     A citizen who represents essential services personnel,
733       as defined in the local housing assistance plan.
734               (4)     Annually Triennially, the advisory committee shall
735       review the established policies and procedures, ordinances, land
736       development regulations, and adopted local government
737       comprehensive plan of the appointing local government and shall
738       recommend specific actions or initiatives to encourage or
739       facilitate affordable housing while protecting the ability of
740       the property to appreciate in value. The recommendations may
741       include the modification or repeal of existing policies,
742       procedures, ordinances, regulations, or plan provisions; the
743       creation of exceptions applicable to affordable housing; or the
744       adoption of new policies, procedures, regulations, ordinances,
745       or plan provisions, including recommendations to amend the local
746       government comprehensive plan and corresponding regulations,
747       ordinances, and other policies. At a minimum, each advisory
748       committee shall submit an annual a report to the local governing
749       body and to the entity providing statewide training and
750       technical assistance for the Affordable Housing Catalyst Program

                                                      Page 30 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb1339-02-c2
FLORIDA                        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 1339                                                                             2020



751      which tfta-t- includes recommendations on, and triennially
752      thereafter evaluates the implementation of7                          affordable housing
753      incentives in the following areas:
754               (a)    The processing of approvals of development orders or
755      permits for affordable housing projects is expedited to a
756      greater degree than other projects, as provided ins.
757      163.3177(6) (f)3.
758               (b)    All allowable fee waivers provided The modification of
759      impact fee requirements, including reduction or waiver of fees
760      and alternative methods of fee payment for the development or
761      construction of affordable housing.
762               (c)    The allowance of flexibility in densities for
763      affordable housing.
764               (d)    The reservation of infrastructure capacity for housing
765      for very-low-income persons, low-income persons, and moderate-
766      income persons.
767               (e)    The allowance of Affordable accessory residential
768      units in residential zoning districts.
769               (f)    The reduction of parking and setback requirements for
770      affordable housing.
771               (g)    The allowance of flexible lot configurations,
772      including zero-lot-line configurations for affordable housing.
773               (h)    The modification of street requirements for affordable
774      housing.
775               (i)    The establishment of a process by which a local

                                                      Page 31 of 65

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                             hb1339-02-c2
FLORIDA                        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 1339                                                                   2020



776      government considers, before adoption, policies, procedures,
777      ordinances, regulations, or plan provisions that increase the
778      cost of housing.
779               (j)    The preparation of a printed inventory of locally
780      owned public lands suitable for affordable housing.
781               (k)    The support of development near transportation hubs
782      and major employment centers and mixed-use developments.
783
784      The advisory committee recommendations may also include other
785      affordable housing incentives identified by the advisory
786      committee. Local governments that receive the minimum allocation
787      under the State Housing Initiatives Partnership Program shall
788      perform an -Hre initial review but may elect to not perform the
789      annual triennial review.
790               (10)     The locally elected official serving on an advisory
791      committee, or a locally elected designee, must attend biannual
792      regional workshops convened and administered under the
793      Affordable Housing Catalyst Program as provided ins.
794      420.531(2). If the locally elected official or locally elected
795      designee fails to attend three consecutive regional workshops,
796      the corporation may withhold funds pending the person's
797      attendance at the next regularly scheduled biannual meeting.
798              Section 16.           Subsection (4) of section 723.011, Florida
799      Statutes, is amended to read:
800              723.011        Disclosure prior to rental of a mobile home lot;

                                                      Page 32 of 65

      CODING: Words strieken are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                             2020



801       prospectus, filing, approval.-
802               (4)     With regard to a tenancy in existence on the effective
803       date of this chapter, the prospectus or offering circular
804       offered by the mobile home park owner must shall contain the
805       same terms and conditions as rental agreements offered to all
806       other mobile home owners residing in the park on the effective
807       date of this act, excepting only rent variations based upon lot
808       location and size, and may shall not require any mobile home
809       owner to install any permanent improvements, except that the
810       mobile home owner may be required to install permanent
811       improvements to the mobile home as disclosed in the prospectus.
812               Section 17.          Subsection (5) of section 723.012, Florida
813       Statutes, is amended to read:
814               723.012       Prospectus or offering circular.-The prospectus or
815       offering circular, which is required to be provided bys.
816       723.011, must contain the following information:
817               (5)     A description of the recreational and other common
818       facilities, if any, that will be used by the mobile home owners,
819       including, but not limited to:
820               (a)     The number of buildings and each room thereof and its
821       intended purposes, location, approximate floor area, and
822       capacity in numbers of people.
823               (b)     Each swimming pool, as to its general location,
824       approximate size and depths, and approximate deck size and
825       capacity and whether heated.

                                                      Page 33 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                hb1339-02-c2
FLORIDA                        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 1339                                                                   2020



826               (c)    All other facilities and permanent improvements that
827      which will serve the mobile home owners.
828               (d)    A general description of the items of personal
829      property available for use by the mobile home owners.
830               (e)    A general description of the days and hours that
831      facilities will be available for use.
832               (f)    A statement as to whether all improvements are
833      complete and, if not, their estimated completion dates.
834
835      If a mobile home park owner intends to include additional
836      property and mobile home lots and to increase the number of lots
837      that will use the shared facilities of the park, the mobile home
838      park owner must amend the prospectus to disclose such additions.
839      If the number of mobile home lots in the park increases by more
840      than 15 percent of the total number of lots in the original
841      prospectus, the mobile home park owner must reasonably offset
842      the impact of the additional lots by increasing the shared
843      facilities. The amendment to the prospectus must include a
844      reasonable timeframe for providing the required additional
845      shared facilities. The costs and expenses necessary to increase
846      the shared facilities may not be passed on or passed through to
847      the existing mobile home owners.
848              Section 18.           Section 723.023, Florida Statutes, is amended
849      to read:
850              723.023       Mobile home owner's general obligations.-A mobile

                                                      Page 34 of 65

      CODING: Words strisken are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
FLORIDA                        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 1339                                                                   2020



851      home owner shall at all times:
852               (1)    At all times comply with all obligations imposed on
853      mobile home owners by applicable provisions of building,
854      housing, and health codes, including compliance with all
855      building permits and construction requirements for construction
856      on the mobile home and lot. The home owner is responsible for
857      all fines imposed by the local government for noncompliance with
858      any local codes.
859               (2)    At all times keep the mobile home lot that which he or
860      she occupies clean, neat, and sanitary, and maintained in
861      compliance with all local codes.
862               (3)    At all times comply with properly promulgated park
863      rules and regulations and require other persons on the premises
864      with his or her consent to comply with such rules and to conduct
865      themselves, and other persons on the premises with his or her
866      consent, in a manner that does not unreasonably disturb other
867      residents of the park or constitute a breach of the peace.
868               (4)    Receive written approval from the mobile home park
869      owner before making any exterior modification or addition to the
870      home.
871               (5)    When vacating the premises, remove any debris and
872      other property of any kind which is left on the mobile home lot.
873              Section 19.           Subsection (5) of section 723.031, Florida
874      Statutes, is amended to read:
875              723.031       Mobile home lot rental agreements.-

                                                      Page 35 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
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 1339                                                                  2020



876               (5)     The rental agreement must shall contain the lot rental
877       amount and services included. An increase in lot rental amount
878       upon expiration of the term of the lot rental agreement must
879       shall be in accordance with ss. 723.033 and 723.037 ors.
880       723.059(4), whichever is applicable~T provided that, pursuant to
881       s. 723.059(4), the amount of the lot rental increase is
882       disclosed and agreed to by the purchaser, in writing. An
883       increase in lot rental amount shall not be arbitrary or
884       discriminatory between similarly situated tenants in the park. A
885       lot rental amount may not be increased during the term of the
886       lot rental agreement, except:
887               (a)     When the manner of the increase is disclosed in a lot
888       rental agreement with a term exceeding 12 months and which
889       provides for such increases not more frequently than annually.
890               (b)     For pass-through charges as defined ins. 723.003.
891               (c)     That a charge may not be collected which results in
892       payment of money for sums previously collected as part of the
893       lot rental amount. The provisions hereof notwithstanding, the
894       mobile home park owner may pass on, at any time during the term
895       of the lot rental agreement, ad valorem property taxes, non-ad
896       valorem assessments, and utility charges, or increases of
897       either, provided that the ad valorem property taxes, non-ad
898       valorem assessments, and utility charges are not otherwise being
899       collected in the remainder of the lot rental amount and provided
900       further that the passing on of such ad valorem taxes, non-ad

                                                      Page 36 of 65

      CODING: Words stFiekeA are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
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 1339                                                                  2020



901       valorem assessments, or utility charges, or increases of either,
902       was disclosed prior to tenancy, was being passed on as a matter
903       of custom between the mobile home park owner and the mobile home
904       owner, or such passing on was authorized by law. A park owner is
905       deemed to have disclosed the passing on of ad valorem property
906       taxes and non-ad valorem assessments if ad valorem property
907       taxes or non-ad valorem assessments were disclosed as a separate
908       charge or a factor for increasing the lot rental amount in the
909       prospectus or rental agreement. Such ad valorem taxes, non-ad
910       valorem assessments, and utility charges shall be a part of the
911       lot rental amount as defined by this chapter. The term "non-ad
912       valorem assessments" has the same meaning as provided ins.
913       197. 3 632 ( 1) ( d) . Other provisions of this chapter
914       notwithstanding, pass-on charges may be passed on only within 1
915       year of the date a mobile home park owner remits payment of the
916       charge. A mobile home park owner is prohibited from passing on
917       any fine,       interest, fee, or increase in a charge resulting from
918       a park owner's payment of the charge after the date such charges
919       become delinquent. A mobile home park owner is prohibited from
920       charging or collecting from the mobile home owners any sum for
921       ad valorem taxes or non-ad valorem tax charges in an amount in
922       excess of the sums remitted by the park owner to the tax
923       collector. Nothing herein shall prohibit a park owner and a
924       homeowner from mutually agreeing to an alternative manner of
925       payment to the park owner of the charges.

                                                      Page 37 of 65

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                     hb1339-02-c2
F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                             2020



926               (d)     If a notice of increase in lot rental amount is not
927       given 90 days before the renewal date of the rental agreement,
928       the rental agreement must remain under the same terms until a
929       90-day notice of increase in lot rental amount is given. The
930       notice may provide for a rental term shorter than 1 year in
931       order to maintain the same renewal date.
932               Section 20.          Subsection (1) and paragraph (a) of subsection
933       (4) of section 723.037, Florida Statutes, are amended to read:
934               723.037      Lot rental increases; reduction in services or
935       utilities; change in rules and regulations; mediation.-
936               (1)     A park owner shall give written notice to each
937       affected mobile home owner and the board of directors of the
938       homeowners' association, if one has been formed, at least 90
939       days before any increase in lot rental amount or reduction in
940       services or utilities provided by the park owner or change in
941       rules and regulations. The park owner may give notice of all
942       increases in lot rental amount for multiple anniversary dates in
943       the same 90-day notice. The notice must shall identify all other
944       affected homeowners, which may be by lot number, name, group, or
945       phase. If the affected homeowners are not identified by name,
946       the park owner shall make the names and addresses available upon
947       request. However, this requirement does not authorize the
948       release of the names, addresses, or other private information
949       about the homeowners to the association or any other person for
950       any other purpose. The home owner's right to the 90-day notice

                                                      Page 38 of 65

      CODING: Words striskeA are deletions; words underlined are additions.
                                                                                hb1339-02-c2
F     L   O   R     D A        H    O   U   S   E     0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                           2020



951       may not be waived or precluded by a home owner, or the
952       homeowners' committee, in an agreement with the park owner.
953       Rules adopted as a result of restrictions imposed by
954       governmental entities and required to protect the public health,
955       safety, and welfare may be enforced prior to the expiration of
956       the 90-day period but are not otherwise exempt from the
957       requirements of this chapter. Pass-through charges must be
958       separately listed as to the amount of the charge, the name of
959       the governmental entity mandating the capital improvement, and
960       the nature or type of the pass-through charge being levied.
961       Notices of increase in the lot rental amount due to a pass-
962       through charge must shall state the additional payment and
963       starting and ending dates of each pass-through charge. The
964       homeowners' association shall have no standing to challenge the
965       increase in lot rental amount, reduction in services or
966       utilities, or change of rules and regulations unless a majority
967       of the affected homeowners agree, in writing, to such
968       representation.
969               (4) (a)     A    committee, not to exceed five in number,
970       designated by a majority of the affected mobile home owners or
971       by the board of directors of the homeowners' association, if
972       applicable, and the park owner shall meet, at a mutually
973       convenient time and place no later than 60 days before the
974       effective date of the change to discuss the reasons for the
975       increase in lot rental amount, reduction in services or

                                                      Page 39 of 65

      CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                              hb1339-02-c2
 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 1339                                                                  2020



 976       utilities, or change in rules and regulations. The negotiating
 977       committee shall make a written request for a meeting with the
 978       park owner or subdivision developer to discuss those matters
 979       addressed in the 90-day notice, and may include in the request a
 980       listing of any other issue, with supporting documentation, that
 981       the committee intends to raise and discuss at the meeting. The
 982       committee shall address all lot rental amount increases that are
 983       specified in the notice of lot rental amount increase,
 984       regardless of the effective date of the increase.
 985
 986       This subsection is not intended to be enforced by civil or
 987       administrative action. Rather, the meetings and discussions are
 988       intended to be in the nature of settlement discussions prior to
 989       the parties proceeding to mediation of any dispute.
 990               Section 21.          Subsections (5) and (6) are added to section
 991       723.041, Florida Statutes, to read:
 992               723.041      Entrance fees; refunds; exit fees prohibited;
 993       replacement homes.-
 994               (5)     A mobile home park that is damaged or destroyed due to
 995       wind, water, or other natural force may be rebuilt on the same
 996       site with the same density as was approved, permitted, and built
 997       before the park was damaged or destroyed.
 998               ( 6)    This section does not limit the regulation of the
 999       uniform firesafety standards established under s. 633.206, but
1000       supersedes any other density, separation, setback, or lot size

                                                       Page 40 of 65

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 FLORIDA                        H   O   U   S   E      0    F     REPRESENTATIVES




          CS/CS/HB 1339                                                               2020




1001      regulation adopted after initial permitting and construction of
1002      the mobile home park.
1003              Section 22.           Section 723.042, Florida Statutes, is amended
1004      to read:
1005              723.042        Provision of improvements.-~ Ne person may not
1006      shall be required by a mobile home park owner or developer, as a
1007      condition of residence in the mobile home park, to provide any
1008      improvement unless the requirement is disclosed pursuant to s.
1009      723.012(7) s. 723.011 prior to occupancy in the mobile home
1010      park.
1011              Section 23.           Subsections (3) and (4) of section 723.059,
1012      Florida Statutes, are amended to read:
1013              723.059        Rights of Purchaser of a mobile home within a
1014      mobile home park.-
1015               (3)    The purchaser of a mobile home who intends to become
1016      becomes a resident of the mobile home park in accordance with
1017      this section has the right to assume the remainder of the term
1018      of any rental agreement then in effect between the mobile home
1019      park owner and the seller and may assume the seller's
1020      prospectus. However, nothing herein shall prohibit a mobile home
1021      park owner from offering the purchaser of a mobile home any
1022      approved prospectus shall be entitled to rely on the terms and
1023      conditions of the prospectus or offering circular as delivered
1024      to the initial recipient.
1025               (4)    However, nothing herein shall be construed to prohibit

                                                       Page 41 of 65

       CODING: Words striskoR are deletions; words underlined are additions.
                                                                                 hb1339-02-c2
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/H B 1339                                                             2020



1026      a mobile home park owner from increasing the rental amount to be
1027      paid by the purchaser upon the expiration of the assumed rental
1028      agreement in an amount deemed appropriate by the mobile home
1029      park owner, so long as such increase is disclosed to the
1030      purchaser prior to his or her occupancy and is imposed in a
1031      manner consistent with the purchaser's initial offering circular
1032      e-r- prospectus and this act.

1033              Section 24.           Paragraph (d) of subsection (1) of section
1034      723.061, Florida Statutes, is amended, and subsection (5) is
1035      added to that section, to read:
1036              723.061        Eviction; grounds, proceedings.-
1037               (1)     A mobile home park owner may evict a mobile home
1038      owner, a mobile home tenant, a mobile home occupant, or a mobile
1039      home only on one or more of the following grounds:
1040               (d)     Change in use of the land comprising the mobile home
1041      park, or the portion thereof from which mobile homes are to be
1042      evicted, from mobile home lot rentals to some other use, if:
1043              1.     The park owner gives written notice to the homeowners'
1044      association formed and operating under ss. 723.075-723.079 of
1045      its right to purchase the mobile home park, if the land
1046      comprising the mobile home park is changing use from mobile home
1047      lot rentals to a different use, at the price and under the terms
1048      and conditions set forth in the written notice.
1049              a.     The notice shall be delivered to the officers of the
1050      homeowners' association by United States mail. Within 45 days

                                                       Page 42 of 65

       CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                                 hb1339-02-c2
 F     L   O    R        D A    H   O   U   S   E      0   F      REPRESENTATIVES




           CS/CS/HB 1339                                                           2020



1051       after the date of mailing of the notice, the homeowners'
1052       association may execute and deliver a contract to the park owner
1053       to purchase the mobile home park at the price and under the
1054       terms and conditions set forth in the notice. If the contract
1055       between the park owner and the homeowners' association is not
1056       executed and delivered to the park owner within the 45-day
1057       period, the park owner is under no further obligation to the
1058       homeowners' association except as provided in sub-subparagraph
1059       b.
1060                b.     If the park owner elects to offer or sell the mobile
1061       home park at a price lower than the price specified in her or
1062       his initial notice to the officers of the homeowners'
1063       association, the homeowners' association has an additional 10
1064       days to meet the revised price, terms, and conditions of the
1065       park owner by executing and delivering a revised contract to the
1066       park owner.
1067                c.    The park owner is not obligated under this subparagraph
1068       ors. 723.071 to give any other notice to, or to further
1069       negotiate with, the homeowners' association for the sale of the
1070       mobile home park to the homeowners' association after 6 months
1071       after the date of the mailing of the initial notice under sub-
1072       subparagraph a.
1073                2.     The park owner gives the affected mobile home owners
1074       and tenants at least 6 months' notice of the eviction due to the
1075       projected change in use and of their need to secure other

                                                       Page 43 of 65

       CODING: Words stricken are deletions; words underlined are additions.
                                                                               hb1339-02-c2
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/H B 1339                                                           2020



1076      accommodations. Within 20 days after giving an eviction notice
1077      to a mobile home owner, the park owner must provide the division
1078      with a copy of the notice. The division must provide the
1079      executive director of the Florida Mobile Home Relocation
1080      Corporation with a copy of the notice.
1081              a.       The notice of eviction due to a change in use of the
1082      land must include in a font no smaller than the body of the
1083      notice the following statement:
1084
1085      YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME
1086      RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME
1087      RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
1088      AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND
1089      PROFESSIONAL REGULATION.
1090
1091              b.       The park owner may not give a notice of increase in lot
1092      rental amount within 90 days before giving notice of a change in
1093      use.
1094               (5)     A park owner who accepts payment of any portion of the
1095      lot rental amount with actual knowledge of noncompliance after
1096      notice and termination of the rental agreement due to a
1097      violation under paragraph (1) (b), paragraph (1) (c), or paragraph
1098       ( 1) ( e) does not waive the right to terminate the rental
1099      agreement or the right to bring a civil action for the
1100      noncompliance, but not for any subsequent or continuing

                                                       Page 44 of 65

       CODING: Words stricken are deletions; words underlined are additions.
                                                                               hb1339-02-c2
 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 1339                                                                  2020



1101       noncompliance. Any rent so received must be accounted for at the
1102       final hearing.
1103               Section 25.          Subsection (1) of section 723.076, Florida
1104       Statutes, is amended to read:
1105               723.076       Incorporation; notification of park owner.-
1106               (1)     Upon receipt of its certificate of incorporation, the
1107       homeowners' association shall notify the park owner in writing
1108       of such incorporation and shall advise the park owner of the
1109       names and addresses of the officers of the homeowners'
1110       association by personal delivery upon the park owner's
1111       representative as designated in the prospectus or by certified
1112       mail, return receipt requested. Thereafter, the homeowners'
1113       association shall notify the park owner in writing by certified
1114       mail, return receipt requested, of any change of names and
1115       addresses of its president or registered agent. Upon election or
1116       appointment of new officers or members, the homeowners'
1117       association shall notify the park owner in writing by certified
1118       mail, return receipt requested, of the names and addresses of
1119       the new officers or members.
1120               Section 26.          Paragraphs (b) through (e) of subsection (2)
1121       of section 723.078, Florida Statutes, are amended, and paragraph
1122       (i) of that subsection is reenacted, to read:
1123               723.078      Bylaws of homeowners' associations.-
1124               (2)     The bylaws shall provide and, if they do not, shall be
1125       deemed to include, the following provisions:

                                                       Page 45 of 65

       CODING: Words striekeA are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 F     L   O   R        D A      H   O   U   S   E      0   F      REPRESENTATIVES




           CS/CS/HB 1339                                                            2020




112 6               (b)    Quorum; voting requirements; proxies.-
1127               1.      Unless otherwise provided in the bylaws, 30 percent of
1128       the total membership is required to constitute a quorum.
1129       Decisions shall be made by a majority of members represented at
1130       a meeting at which a quorum is present.
1131               2.a.       A member may not vote by general proxy but may vote
1132       by limited proxies substantially conforming to a limited proxy
1133       form adopted by the division. Limited proxies and general
1134       proxies may be used to establish a quorum. Limited proxies may
1135       be used for votes taken to amend the articles of incorporation
1136       or bylaws pursuant to this section, and any other matters for
1137       which this chapter requires or permits a vote of members~7
1138       except that no proxy, limited or general, may not be used in the
1139       election of board members in general elections or elections to
1140       fill vacancies caused by recall, resignation, or otherwise.
1141       Board members must be elected by written ballot or by voting in
1142       person. If a mobile home or subdivision lot is owned jointly,
1143       the owners of the mobile home or subdivision lot must be counted
1144       as one for the purpose of determining the number of votes
1145       required for a majority. Only one vote per mobile home or
1146       subdivision lot shall be counted. Any number greater than 50
1147       percent of the total number of votes constitutes a majority.
1148       Notwithstanding this section, members may vote in person at
1149       member meetings or by secret ballot, including absentee ballots,
1150       as defined by the division.

                                                        Page 46 of 65

        CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                                hb1339-02-c2
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                            2020



1151              b.      Elections shall be decided by a plurality of the
1152      ballots cast. There is no quorum requirement; however, at least
1153      20 percent of the eligible voters must cast a ballot in order to
1154      have a valid election. A member may not allow any other person
1155      to cast his or her ballot, and any ballots improperly cast are
1156      invalid. An election is not required unless there are more
1157      candidates nominated than vacancies that exist on the board.
1158              c.      Each member or other eligible person who desires to be
1159      a candidate for the board of directors shall appear on the
1160      ballot in alphabetical order by surname. A ballot may not
1161      indicate if any of the candidates are incumbent on the board.
1162      All ballots must be uniform in appearance. Write-in candidates
1163      and more than one vote per candidate per ballot are not allowed.
1164      A ballot may not provide a space for the signature of, or any
1165      other means of identifying, a voter. If a ballot contains more
1166      votes than vacancies or fewer votes than vacancies, the ballot
1167      is invalid unless otherwise stated in the bylaws.
1168              d.      An impartial committee shall be responsible for
1169      overseeing the election process and complying with all ballot
1170      requirements. For purposes of this section, the term "impartial
1171      committee" means a committee whose members do not include any of
1172      the following people or their spouses:
1173               (I)     Current board members.
1174               (II)     Current association officers.
1175               (III)     Candidates for the association or board.

                                                       Page 47 of 65

       CODING: Words stFiskeA are deletions; words underlined are additions.
                                                                               hb1339-02-c2
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          CS/CS/H B 1339                                                                  2020




1176              e.       The association bylaws shall provide a method for
1177      determining the winner of an election in which two or more
1178      candidates for the same position receive the same number of
1179      votes.
1180              f.       The division shall adopt procedural rules to govern
1181      elections, including, but not limited to, rules for providing
1182      notice by electronic transmission and rules for maintaining the
1183      secrecy of ballots.
1184              3.       A proxy is effective only for the specific meeting for
1185      which originally given and any lawfully adjourned meetings
1186      thereof. In no event shall any proxy be valid for a period
1187      longer than 90 days after the date of the first meeting for
1188      which it was given. Every proxy shall be revocable at any time
1189      at the pleasure of the member executing it.
1190              4.     A member of the board of directors or a committee may
1191      submit in writing his or her agreement or disagreement with any
1192      action taken at a meeting that the member did not attend. This
1193      agreement or disagreement may not be used as a vote for or
1194      against the action taken and may not be used for the purposes of
1195      creating a quorum.
1196               (c)      Board of directors' and committee meetings.-
1197              1.     Meetings of the board of directors and meetings of its
1198      committees at which a quorum is present shall be open to all
1199      members. Notwithstanding any other provision of law, the
1200      requirement that board meetings and committee meetings be open

                                                       Page 48 of 65

       CODING: Words strisken are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 F     L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




           CS/CS/HB 1339                                                           2020



1201       to the members does not apply to meetings between the park owner
1202       and the board of directors or any of the board's committees,
1203       board or committee meetings held for the purpose of discussing
1204       personnel mattersL or meetings between the board or a committee
1205       and the association's attorney, with respect to potential or
1206       pending litigation, when where the meeting is held for the
1207       purpose of seeking or rendering legal advice, and when where the
1208       contents of the discussion would otherwise be governed by the
1209       attorney-client privilege. Notice of all meetings open to
1210       members shall be posted in a conspicuous place upon the park
1211       property at least 48 hours in advance, except in an emergency.
1212       Notice of any meeting in which dues assessffients against ffiembers
1213       are to be considered for any reason shall specifically contain a
1214       statement that dues assessffients will be considered and the
1215       nature of such dues assessffients.
1216               2.    A board or committee member's participation in a
1217       meeting via telephone, real-time videoconferencing, or similar
1218       real-time telephonic, electronic, or video communication counts
1219       toward a quorum, and such member may vote as if physically
1220       present. A speaker shall be used so that the conversation of
1221       those board or committee members attending by telephone may be
1222       heard by the board or committee members attending in person, as
1223       well as by members present at a meeting.
1224               3.    Members of the board of directors may use e-mail as a
1225       means of communication but may not cast a vote on an association

                                                       Page 49 of 65

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                               hb1339-02-c2
 F      L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




            CS/CS/HB 1339                                                           2020



1226        matter via e-mail.
1227                4.      The right to attend meetings of the board of directors
1228        and its committees includes the right to speak at such meetings
122 9       with reference to all designated agenda items. The association
1230        may adopt reasonable written rules governing the frequency,
1231        duration, and manner of members' statements. Any item not
1232        included on the notice may be taken up on an emergency basis by
1233        at least a majority plus one of the members of the board. Such
1234        emergency action shall be noticed and ratified at the next
1235        regular meeting of the board. Any member may tape record or
1236        videotape meetings of the board of directors and its committees,
1237        except meetings between the board of directors or its appointed
1238        homeowners' committee and the park owner. The division shall
1239        adopt reasonable rules governing the tape recording and
1240        videotaping of the meeting.
1241                5.      Except as provided in paragraph (i), a vacancy
1242        occurring on the board of directors may be filled by the
1243        affirmative vote of the majority of the remaining directors,
1244        even though the remaining directors constitute less than a
1245        quorum; by the sole remaining director; if the vacancy is not so
1246        filled or if no director remains, by the members; or, on the
1247        application of any person, by the circuit court of the county in
1248        which the registered office of the corporation is located.
1249                6.      The term of a director elected or appointed to fill a
1250        vacancy expires at the next annual meeting at which directors

                                                        Page 50 of 65

        CODING: Words strisken are deletions; words underlined are additions.
                                                                                hb1339-02-c2
 F     L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




           CS/CS/HB 1339                                                           2020




1251       are elected. A directorship to be filled by reason of an
1252       increase in the number of directors may be filled by the board
1253       of directors, but only for the term of office continuing until
1254       the next election of directors by the members.
1255               7.     A vacancy that will occur at a specific later date, by
1256       reason of a resignation effective at a later date, may be filled
1257       before the vacancy occurs. However, the new director may not
1258       take office until the vacancy occurs.
1259               8.a.       The officers and directors of the association have a
1260       fiduciary relationship to the members.
1261               b.     A director and committee member shall discharge his or
1262       her duties in good faith, with the care an ordinarily prudent
1263       person in a like position would exercise under similar
1264       circumstances, and in a manner he or she reasonably believes to
1265       be in the best interests of the corporation.
1266               9.      In discharging his or her duties, a director may rely
1267       on information, opinions, reports, or statements, including
1268       financial statements and other financial data, if prepared or
1269       presented by:
1270               a.     One or more officers or employees of the corporation
1271       who the director reasonably believes to be reliable and
1272       competent in the matters presented;
1273               b.     Legal counsel, public accountants, or other persons as
1274       to matters the director reasonably believes are within the
1275       persons' professional or expert competence; or

                                                       Page 51 of 65

       CODING: Words stFiskeR are deletions; words underlined are additions.
                                                                               hb1339-02-c2
 FLORIDA                        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 1339                                                                   2020




1276              c.     A committee of the board of directors of which he or
1277      she is not a member if the director reasonably believes the
1278      committee merits confidence.
1279              10.     A director is not acting in good faith if he or she
1280      has knowledge concerning the matter in question that makes
1281      reliance otherwise permitted by subparagraph 9. unwarranted.
1282              11.     A director is not liable for any action taken as a
1283      director, or any failure to take any action, if he or she
1284      performed the duties of his or her office in compliance with
1285      this section.
1286               (d)    Member meetings.-Members shall meet at least once each
1287      calendar year, and the meeting shall be the annual meeting. All
1288      members of the board of directors shall be elected at the annual
1289      meeting unless the bylaws provide for staggered election terms
1290      or for their election at another meeting. The bylaws shall not
1291      restrict any member desiring to be a candidate for board
1292      membership from being nominated from the floor. All nominations
1293      from the floor must be made at a duly noticed meeting of the
1294      members held at least 27 -3--G- days before the annual meeting. The
1295      bylaws shall provide the method for calling the meetings of the
1296      members, including annual meetings. The method shall provide at
1297      least 14 days' written notice to each member in advance of the
1298      meeting and require the posting in a conspicuous place on the
1299      park property of a notice of the meeting at least 14 days prior
1300      to the meeting. The right to receive written notice of

                                                       Page 52 of 65

       CODING: Words strickoR are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 F     L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




           CS/CS/HB 1339                                                           2020



1301       membership meetings may be waived in writing by a member. Unless
1302       waived, the notice of the annual meeting shall be mailed, hand
1303       delivered, or electronically transmitted to each member, and
1304       shall constitute notice. Unless otherwise stated in the bylaws,
1305       an officer of the association shall provide an affidavit
1306       affirming that the notices were mailedL e-r hand delivered~
1307       provided by electronic transmission in accordance with -t:fie
1308       provisions of this section to each member at the address last
1309       furnished to the corporation. These meeting requirements do not
1310       prevent members from waiving notice of meetings or from acting
1311       by written agreement without meetings, if allowed by the bylaws.
1312               (e)     Minutes of meetings.-
1313               1.      Notwithstanding any other provision of law, the minutes
1314       of board or committee meetings that are closed to members are
1315       privileged and confidential and are not available for inspection
1316       or photocopying.
1317               2.    Minutes of all meetings of members of an association
1318       and meetings open to members of7 the board of directors 7 and a
1319       committee of the board must be maintained in written form and
1320       approved by the members, board, or committee, as applicable. A
1321       vote or abstention from voting on each matter voted upon for
1322       each director present at a board meeting must be recorded in the
1323       minutes.
1324               3.~        All approved minutes of open meetings of members,
1325       committees, and the board of directors shall be kept in a

                                                       Page 53 of 65

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                               hb1339-02-c2
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                            2020



1326      businesslike manner and shall be available for inspection by
1327      members, or their authorized representatives, and board members
1328      at reasonable times. The association shall retain these minutes
1329      within this state for a period of at least~+ years.
1330               (i)    Recall of board members.-Any member of the board of
1331      directors may be recalled and removed from office with or
1332      without cause by the vote of or agreement in writing by a
1333      majority of all members. A special meeting of the members to
1334      recall a member or members of the board of directors may be
1335      called by 10 percent of the members giving notice of the meeting
1336      as required for a meeting of members, and the notice shall state
1337      the purpose of the meeting. Electronic transmission may not be
1338      used as a method of giving notice of a meeting called in whole
1339      or in part for this purpose.
1340              1.      If the recall is approved by a majority of all members
1341      by a vote at a meeting, the recall is effective as provided in
1342      this paragraph. The board shall duly notice and hold a board
1343      meeting within 5 full business days after the adjournment of the
1344      member meeting to recall one or more board members. At the
1345      meeting, the board shall either certify the recall, in which
1346      case such member or members shall be recalled effective
1347      immediately and shall turn over to the board within 5 full
1348      business days any and all records and property of the
1349      association in their possession, or shall proceed under
1350      subparagraph 3.

                                                       Page 54 of 65

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                               hb1339-02-c2
 FLORIDA                        H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



          CS/CS/H B 1339                                                                  2020



1351              2.       If the proposed recall is by an agreement in writing by
1352      a majority of all members, the agreement in writing or a copy
1353      thereof shall be served on the association by certified mail or
1354      by personal service in the manner authorized by chapter 48 and
1355      the Florida Rules of Civil Procedure. The board of directors
1356      shall duly notice and hold a meeting of the board within 5 full
1357      business days after receipt of the agreement in writing. At the
1358      meeting, the board shall either certify the written agreement to
1359      recall members of the board, in which case such members shall be
1360      recalled effective immediately and shall turn over to the board,
1361      within 5 full business days, any and all records and property of
1362      the association in their possession, or shall proceed as
1363      described in subparagraph 3.
1364              3.       If the board determines not to certify the written
1365      agreement to recall members of the board, or does not certify
1366      the recall by a vote at a meeting, the board shall, within 5
1367      full business days after the board meeting, file with the
1368      division a petition for binding arbitration pursuant to the
1369      procedures of s. 723.1255. For purposes of this paragraph, the
1370      members who voted at the meeting or who executed the agreement
1371      in writing shall constitute one party under the petition for
1372      arbitration. If the arbitrator certifies the recall of a member
1373      of the board, the recall shall be effective upon mailing of the
1374      final order of arbitration to the association. If the
1375      association fails to comply with the order of the arbitrator,

                                                       Page 55 of 65

       CODING: Words strisken are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/H B 1339                                                            2020



1376      the division may take action under s. 723.006. A member so
1377      recalled shall deliver to the board any and all records and
1378      property of the association in the member's possession within 5
1379      full business days after the effective date of the recall.
1380              4.       If the board fails to duly notice and hold a board
1381      meeting within 5 full business days after service of an
1382      agreement in writing or within 5 full business days after the
1383      adjournment of the members' recall meeting, the recall shall be
1384      deemed effective and the board members so recalled shall
1385      immediately turn over to the board all records and property of
1386      the association.
1387              5.       If the board fails to duly notice and hold the required
1388      meeting or fails to file the required petition, the member's
1389      representative may file a petition pursuant to s. 723.1255
1390      challenging the board's failure to act. The petition must be
1391      filed within 60 days after expiration of the applicable 5-full-
1392      business-day period. The review of a petition under this
1393      subparagraph is limited to the sufficiency of service on the
1394      board and the facial validity of the written agreement or
1395      ballots filed.
1396              6.       If a vacancy occurs on the board as a result of a
1397      recall and less than a majority of the board members are
1398      removed, the vacancy may be filled by the affirmative vote of a
1399      majority of the remaining directors, notwithstanding any other
1400      provision of this chapter. If vacancies occur on the board as a

                                                       Page 56 of 65

       CODING: Words strisken are deletions; words underlined are additions.
                                                                                hb1339-02-c2
 FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




          CS/CS/HB 1339                                                             2020



1401      result of a recall and a majority or more of the board members
1402      are removed, the vacancies shall be filled in accordance with
1403      procedural rules to be adopted by the division, which rules need
1404      not be consistent with this chapter. The rules must provide
1405      procedures governing the conduct of the recall election as well
1406      as the operation of the association during the period after a
1407      recall but before the recall election.
1408              7.     A board member who has been recalled may file a
1409      petition pursuant to s. 723.1255 challenging the validity of the
1410      recall. The petition must be filed within 60 days after the
1411      recall is deemed certified. The association and the member's
1412      representative shall be named as the respondents.
1413              8.     The division may not accept for filing a recall
1414      petition, whether or not filed pursuant to this subsection, and
1415      regardless of whether the recall was certified, when there are
1416      60 or fewer days until the scheduled reelection of the board
1417      member sought to be recalled or when 60 or fewer days have not
1418      elapsed since the election of the board member sought to be
1419      recalled.
1420              Section 27.           Paragraphs (d) and (f) through (i) of
1421      subsection (4) and subsection (5) of section 723.079, Florida
1422      Statutes, are amended to read:
1423              723.079        Powers and duties of homeowners' association.-
1424               (4)    The association shall maintain the following items,
1425      when applicable, which constitute the official records of the

                                                       Page 57 of 65

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                hb1339-02-c2
 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 1339                                                                  2020




1426       association:
1427               (d)     The approved minutes of all meetings of the members of
1428       an association and meetings open for members ofT the board of
1429       directors, and committees of the board, which minutes must be
1430       retained within this 'f:-fie state for at least 5 + years.
1431               (f)     All of the association's insurance policies or copies
1432       thereof, which must be retained within this state for at least 5
1433       + years after the expiration date of the policy.
1434               (g)     A copy of all contracts or agreements to which the
1435       association is a party, including, without limitation, any
1436       written agreements with the park owner, lease, or other
1437       agreements or contracts under which the association or its
1438       members has any obligation or responsibility, which must be
1439       retained within this state for at least~+ years after the
1440       expiration date of the contract or agreement.
1441               (h)     The financial and accounting records of the
1442       association, kept according to good accounting practices. All
1443       financial and accounting records must be maintained within this
1444       state for a period of at least 5 + years. The financial and
1445       accounting records must include:
1446               1.    Accurate, itemized, and detailed records of all
1447       receipts and expenditures.
1448               2.    A current account and a periodic statement of the
1449       account for each member, designating the name and current
1450       address of each member who is obligated to pay dues or

                                                       Page 58 of 65

       CODING: Words striekeR are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 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 1339                                                                  2020



1451       assessments, the due date and amount of each assessment or other
1452       charge against the member, the date and amount of each payment
1453       on the account, and the balance due.
1454               3.    All tax returns,           financial statements, and financial
1455       reports of the association.
1456               4.      Any other records that identify, measure, record, or
1457       communicate financial information.
1458               (i)     All other written records of the association not
1459       specifically included in the foregoing which are related to the
1460       operation of the association must be retained within this state
1461       for at least 5 years or at least 5 years after the expiration
1462       date, as applicable.
1463               (5)      The official records shall be ffiaintained within the
1464       state for at least 7 years and shall be made available to a
1465       member for inspection or photocopying within 20 ±-& business days
1466       after receipt by the board or its designee of a written request
1467       submitted by certified mail, return receipt requested. The
1468       requirements of this subsection are satisfied by having a copy
1469       of the official records available for inspection or copying in
1470       the park or, at the option of the association, by making the
1471       records available to a member electronically via the Internet or
1472       by allowing the records to be viewed in electronic format on a
1473       computer screen and printed upon request. If the association has
1474       a photocopy machine available where the records are maintained,
1475       it must provide a member with copies on request during the

                                                       Page 59 of 65

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 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 1339                                                                  2020




1476       inspection if the entire request is no more than 25 pages. An
1477       association shall allow a member or his or her authorized
1478       representative to use a portable device, including a smartphone,
1479       tablet, portable scanner, or any other technology capable of
1480       scanning or taking photographs, to make an electronic copy of
1481       the official records in lieu of the association's providing the
1482       member or his or her authorized representative with a copy of
1483       such records. The association may not charge a fee to a member
1484       or his or her authorized representative for the use of a
1485       portable device.
1486               (a)     The failure of an association to provide access to the
1487       records within 20 ±-G- business days after receipt of a written
1488       request submitted by certified mail, return receipt requested,
1489       creates a rebuttable presumption that the association willfully
1490       failed to comply with this subsection.
1491               (b)     A member who is denied access to official records is
1492       entitled to the actual damages or minimum damages for the
1493       association's willful failure to comply with this subsection in
1494       the amount of. The minimillR damages are to be $10 per calendar
1495       day up to 10 days, not to exceed $100. The calculation for
1496       damages begins to begin on the 21st -±-±-t-fT business day after
1497       receipt of the written request, submitted by certified mail,
1498       return receipt requested.
1499               (c)     A dispute between a member and an association
1500       regarding inspecting or photocopying official records must be

                                                       Page 60 of 65

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 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 1339                                                                  2020




1501       submitted to mandatory binding arbitration with the division,
1502       and the arbitration must be conducted pursuant to s. 723.1255
1503       and procedural rules adopted by the division.
1504               ~       The association may adopt reasonable written rules
1505       governing the frequency, time, location, notice, records to be
1506       inspected, and manner of inspections, but may not require a
1507       member to demonstrate a proper purpose for the inspection, state
1508       a reason for the inspection, or limit a member's right to
1509       inspect records to less than 1 business day per month. The
1510       association may impose fees to cover the costs of providing
1511       copies of the official records, including the costs of copying
1512       and for personnel to retrieve and copy the records if the time
1513       spent retrieving and copying the records exceeds 30 minutes and
1514       if the personnel costs do not exceed $20 per hour. Personnel
1515       costs may not be charged for records requests that result in the
1516       copying of 25 or fewer pages. The association may charge up to
1517       25 cents per page for copies made on the association's
1518       photocopier. If the association does not have a photocopy
1519       machine available where the records are kept, or if the records
1520       requested to be copied exceed 25 pages in length, the
1521       association may have copies made by an outside duplicating
1522       service and may charge the actual cost of copying, as supported
1523       by the vendor invoice. The association shall maintain an
1524       adequate number of copies of the recorded governing documents,
1525       to ensure their availability to members and prospective members.

                                                       Page 61 of 65

       CODING: Words strisken are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 F     L   O   R        D A     H   O   U   S   E      0   F      REPRESENTATIVES




           CS/CS/HB 1339                                                           2020




1526       Notwithstanding this paragraph, the following records are not
1527       accessible to members or home owners:
1528               1.    A record protected by the lawyer-client privilege as
1529       described ins. 90.502 and a record protected by the work-
1530       product privilege, including, but not limited to, a record
1531       prepared by an association attorney or prepared at the
1532       attorney's express direction which reflects a mental impression,
1533       conclusion, litigation strategy, or legal theory of the attorney
1534       or the association and which was prepared exclusively for civil
1535       or criminal litigation, for adversarial administrative
1536       proceedings, or in anticipation of such litigation or
1537       proceedings until the conclusion of the litigation or
1538       proceedings.
1539               2.      E-mail addresses, telephone numbers, facsimile numbers,
1540       emergency contact information, any addresses for a home owner
1541       other than as provided for association notice requirements, and
1542       other personal identifying information of any person, excluding
1543       the person's name, lot designation, mailing address, and
1544       property address. Notwithstanding the restrictions in this
1545       subparagraph, an association may print and distribute to home
1546       owners a directory containing the name, park address, and
1547       telephone number of each home owner. However, a home owner may
1548       exclude his or her telephone number from the directory by so
1549       requesting in writing to the association. The association is not
1550       liable for the disclosure of information that is protected under

                                                       Page 62 of 65

       CODING: Words striskeR are deletions; words underlined are additions.
                                                                               hb1339-02-c2
 FLORIDA                        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 1339                                                                   2020




1551      this subparagraph if the information is included in an official
1552      record of the association and is voluntarily provided by a home
1553      owner and not requested by the association.
1554              3.     An electronic security measure that is used by the
1555      association to safeguard data, including passwords.
1556              4.      The software and operating system used by the
1557      association which allows the manipulation of data, even if the
1558      home owner owns a copy of the same software used by the
1559      association. The data is part of the official records of the
1560      association.
1561              Section 28.            Section 723.1255, Florida Statutes, is amended
1562      to read:
1563              723.1255          Alternative resolution of recall, election, and
1564      inspection and photocopying of official records disputes.-
1565               (1)    A dispute between a mobile home owner and a
1566      homeowners' association regarding the election and recall of
1567      officers or directors under s. 723.078(2) (b) or regarding the
1568      inspection and photocopying of official records under s.
1569      723.079(5) must be submitted to mandatory binding arbitration
1570      with the division. The arbitration shall be conducted in
1571      accordance with this section and the procedural rules adopted by
1572      the division.
1573               (2)     Each party shall be responsible for paying its own
1574      attorney fees, expert and investigator fees, and associated
1575      costs. The cost of the arbitrators shall be divided equally

                                                       Page 63 of 65

       CODING: Words striskeA are deletions; words underlined are additions.
                                                                                      hb1339-02-c2
 FLORIDA                         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 1339                                                                   2020



1576       between the parties regardless of the outcome.
1577                (3)    The division shall adopt procedural rules to govern
1578       mandatory binding arbitration proceedings The Division of
157 9      Florida Condominiums, Timeshares, and Mobile Homes of the
1580       Department of Business and Professional Regulation shall adopt
1581       rules of procedure to govern binding recall arbitration
1582       proceedings.
1583               Section 29.           For the purpose of incorporating the amendment
1584       made by this act to section 420.5087, Florida Statutes, in a
1585       reference thereto, paragraph (i) of subsection (22) of section
1586       420.507, Florida Statutes, is reenacted to read:
1587               420.507        Powers of the corporation.-The corporation shall
1588       have all the powers necessary or convenient to carry out and
1589       effectuate the purposes and provisions of this part, including
1590       the following powers which are in addition to all other powers
1591       granted by other provisions of this part:
1592                (22)     To develop and administer the State Apartment
1593       Incentive Loan Program. In developing and administering that
1594       program, the corporation may:
1595                (i)    Establish, by rule, the procedure for competitively
1596       evaluating and selecting all applications for funding based on
1597       the criteria set forth in s. 42 0. 5087 ( 6) ( c) , determining actual
1598       loan amounts, making and servicing loans, and exercising the
1599       powers authorized in this subsection.
1600               Section 30.           For the purpose of incorporating the amendment

                                                        Page 64 of 65

        CODING: Words striskeA are deletions; words underlined are additions.
                                                                                       hb1339-02-c2
 F     L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




           CS/CS/HB 1339                                                               2020



1601       made by this act to section 420.5095, Florida Statutes, in a
1602       reference thereto, subsection (2) of section 193.018, Florida
1603       Statutes, is reenacted to read:
1604               193.018      Land owned by a community land trust used to
1605       provide affordable housing; assessment; structural improvements,
1606       condominium parcels, and cooperative parcels.-
1607               (2)     A community land trust may convey structural
1608       improvements, condominium parcels, or cooperative parcels, that
1609       are located on specific parcels of land that are identified by a
1610       legal description contained in and subject to a ground lease
1611       having a term of at least 99 years, for the purpose of providing
1612       affordable housing to natural persons or families who meet the
1613       extremely-low-income, very-low-income, low-income, or moderate-
1614       income limits specified ins. 420.0004, or the income limits for
1615       workforce housing, as defined ins. 420.5095(3). A community
1616       land trust shall retain a preemptive option to purchase any
1617       structural improvements, condominium parcels, or cooperative
1618       parcels on the land at a price determined by a formula specified
1619       in the ground lease which is designed to ensure that the
1620       structural improvements, condominium parcels, or cooperative
1621       parcels remain affordable.
1622               Section 31.          This act shall take effect July 1, 2020.




                                                       Page 65 of 65

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                   hb1339-02-c2
                                 COMMERCE COMMITTEE

                               HB 1339 by Rep. Yarborough
                                        Housing

                                  AMENDMENT SUMMARY
                                    February 27, 2020


Amendment 1 by Rep. Yarborough (Strike-all amendment):
The strike-all amendment:
   • Includes "private entities" in addition to counties and municipalities for purposes of
        issuing bonds under the Florida lnterlocal Cooperation Act.
   • Provides that a building official may not audit a construction project being inspected by a
        private inspector more than four times a year instead of current law, which prohibits a
        building official from auditing a private inspector more than four times a year regardless
        of the project.
   • Amends the definition of "affordable" to also include housing provided by a not-for-profit
        corporation, that is for low-income persons and low-income households that provides
        treatment for persons who suffer from mental health, substance abuse, or domestic
        violence; and that provides on-premises social and community support services.
   • Clarifies that for purposes of the construction of transitional housing for persons aging
        out of foster care, "on campus" means on a campus that provides housing for persons in
        foster care or persons aging out of foster care.

The remainder of the bill's provisions are unchanged by the strike-all amendment.
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/CS/HB 1339   (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 Yarborough offered the following:
 3

 4          Amendment (with title amendment)
 5             Remove everything after the enacting clause and insert:
 6

 7             Section 1.    Subsection (4) is added to section 125.01055,
 8     Florida Statutes, to read:
 9             125.01055    Affordable pousing.-
10             (4)   Notwithstanding any other law, local ordinance, or
11     regulation to the contrary, the board of county commissioners
12     may approve the development of housing that is affordable, as
13     defined ins. 420.0004, on any parcel zoned for residential,
14     commercial, or industrial use.
15             Section 2.    Paragraph (d) of subsection (7) of section
16     163.01, Florida Statutes, is amended to read:
     386787 - hl339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                      Page 1 of 71
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. CS/CS/HB 1339   (2020)
       Amendment No. 1



17          163.01   Florida Interlocal Cooperation Act of 1969.-
18          (7)

19          (d)   Notwithstanding the provisions of paragraph (c), any
20     separate legal entity created pursuant to this section and
21     controlled by the municipalities or counties of this state or by
22     one or more municipality and one or more county of this state,
23     the membership of which consists or is to consist of
24     municipalities only, counties only, or one or more municipality
25     and one or more county, may,   for the purpose of financing or
26     refinancing any capital projects, exercise all powers in
27     connection with the authorization, issuance, and sale of bonds.
28     Notwithstanding any limitations provided in this section, all of
29     the privileges, benefits, powers, and terms of part I of chapter
30     125, part II of chapter 166, and part I of chapter 159 shall be
31     fully applicable to such entity. Bonds issued by such entity
32     shall be deemed issued on behalf of the counties~ e-r-
33     municipalities, or private entities which enter into loan
34     agreements with such entity as provided in this paragraph. Any
35     loan agreement executed pursuant to a program of such entity
36     shall be governed by the provisions of part I of chapter 159 or,
37     in the case of counties, part I of chapter 125, or in the case
38     of municipalities and charter counties, part II of chapter 166.
39     Proceeds of bonds issued by such entity may be loaned to
40     counties or municipalities of this state or a combination of
41     municipalities and counties, whether or not such counties or

     386787 - h1339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                  Page 2 of 71
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. CS/CS/HB 1339   (2020)
       Amendment No. 1



42     municipalities are also members of the entity issuing the bonds~
43     or to private entities for "self-liquidating" projects as
44     defined ins. 159.02, whether or not such private entities are
45     located within the jurisdictional boundaries of a county or
46     municipality that is a member of the entity issuing the bonds.
47     The issuance of bonds by such entity to fund a loan program to
48     make loans to municipalities~ er counties, or private entities
49     or a combination of municipalities~ afi€i counties, and private
50     entities with one another for capital projects to be identified
51     subsequent to the issuance of the bonds to fund such loan
52     programs is deemed to be a paramount public purpose. Any entity
53     so created may also issue bond anticipation notes, as provided
54     bys. 215.431, in connection with the authorization, issuance,
55     and sale of such bonds. In addition, the governing body of such
56     legal entity may also authorize bonds to be issued and sold from
57     time to time and may delegate, to such officer, official, or
58     agent of such legal entity as the governing body of such legal
59     entity may select, the power to determine the time; manner of
60     sale, public or private; maturities; rate or rates of interest,
61     which may be fixed or may vary at such time or times and in
62     accordance with a specified formula or method of determination;
63     and other terms and conditions as may be deemed appropriate by
64     the officer, official, or agent so designated by the governing
65     body of such legal entity. However, the amounts and maturities
66     of such bonds and the interest rate or rates of such bonds shall
     386787 - hl339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                  Page 3 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
       Amendment No. 1



67     be within the limits prescribed by the governing body of such
68     legal entity and its resolution delegating to such officer,
69     official, or agent the power to authorize the issuance and sale
70     of such bonds. A local government self-insurance fund
71     established under this section may financially guarantee bonds
72     or bond anticipation notes issued or loans made under this
73     subsection. Bonds issued pursuant to this paragraph may be
74     validated as provided in chapter 75. The complaint in any action
75     to validate such bonds shall be filed only in the Circuit Court
76     for Leon County. The notice required to be published bys. 75.06
77     shall be published only in Leon County, and the complaint and
78     order of the circuit court shall be served only on the State
79     Attorney of the Second Judicial Circuit and on the state
80     attorney of each circuit in each county where the public
81     agencies which were initially a party to the agreement are
82     located. Notice of such proceedings shall be published in the
83     manner and the time required bys. 75.06 in Leon County and in
84     each county where the public agencies which were initially a
85     party to the agreement are located. Obligations of any county or
86     municipality pursuant to a loan agreement as described in this
87     paragraph may be validated as provided in chapter 75.
88          Section 3.    Subsections (1),    (3), and (4) of section
89     163.31771, Florida Statutes, are amended to read:
90          163.31771    Accessory dwelling units.-
91          (1)   The Legislature finds that the median price of homes
     386787 - h1339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                   Page 4 of 71
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



 92     in this state has increased steadily over the last decade and at
 93     a greater rate of increase than the median income in many urban
 94     areas. The Legislature finds that the cost of rental housing has
 95     also increased steadily and the cost often exceeds an amount
 96     that is affordable to extremely-low-income, very-low-income,
 97     low-income, or moderate-income persons and has resulted in a
 98     critical shortage of affordable rentals in many urban areas in
 99     the state. This shortage of affordable rentals constitutes a
100     threat to the health, safety, and welfare of the residents of
101     the state. Therefore, the Legislature finds that it serves an
102     important public purpose to require encourage the permitting of
103     accessory dwelling units in single-family residential areas in
104     order to increase the availability of affordable rentals for
105     extremely-low-income, very-low-income, low-income, or moderate-
106     income persons.
107             (3)    Each Upon a finding by a local government that there
108     is a shortage of affordable rentals within its jurisdiction, the
109     local government shall may adopt an ordinance to allow accessory
110     dwelling units in any area zoned for single-family residential
111     use, except in an area of critical state concern where the state
112     caps the number of new housing units which may be built within a
113     year.
114             ( 4)   If the local government adopts an ordinance under this
115     section, An application for a building permit to construct an
116     accessory dwelling unit must include an affidavit from the
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                       Page 5 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



117     applicant which attests that the unit will be rented at an
118     affordable rate to an extremely-low-income, very-low-income,
119     low-income, or moderate-income person or persons.
120          Section 4.    Subsection (10) is added to section 163.31801,
121     Florida Statutes, to read:
122          163.31801    Impact fees; short title; intent; minimum
123     requirements; audits; challenges.-
124          (10)    In addition to the items that must be reported in the
125     annual financial reports under s. 218.32, each county,
126     municipality, and special district must report all of the
127     following data on each impact fee charged:
128          (a)    The specific purpose of the impact fee, including the
129     specific infrastructure needs to be met such as transportation,
130     parks, water, sewer, and schools.
131          (b)    The impact fee schedule policy describing the method
132     of calculating impact fees, such as flat fees, tiered fees based
133     on the number of bedrooms, or tiered fees based on the square
134     footage.
135          (c)    The amount assessed for each purpose and for each type
136     of dwelling.
137          (d)    The total amount of impact fees charged by type of
138     dwelling.
139          Section 5.    Subsection (4) is added to section 166.04151,
140     Florida Statutes, to read:                   ,
141          166.04151    Affordable housing.-
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                     Page 6 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339    (2020)
        Amendment No. 1



142          (4)    Notwithstanding any other law, local ordinance, or
143     regulation to the contrary, the governing body of a municipality
144     may approve the development of housing that is affordable, as
145     defined ins. 420.0004, on any parcel zoned for residential,
146     commercial, or industrial use.
147          Section 6.    Paragraph (h) of subsection (3) of section
148     320.77, Florida Statutes, is amended to read:
149          320.77    License required of mobile home dealers.-
150          (3)   APPLICATION.-The application for such license shall be
151     in the form prescribed by the department and subject to such
152     rules as may be prescribed by it. The application shall be
153     verified by oath or affirmation and shall contain:
154          (h)   Certification by the applicant~
155          1.    That the location is a permanent one, not a tent or a
156     temporary stand or other temporary quarters~; and,
157          2.    Except in the case of a mobile home broker, that the
158     location affords sufficient unoccupied space to display store
159     all mobile homes offered and displayed for sale. A space to
160     display a manufactured home as a model home satisfies this
161     requirement.; and that The location must be -i-s- a suitable place
162     in which the applicant can in good faith carry on business and
163     keep and maintain books, records, and files necessary to conduct
164     such business, which must W±-1-1- be available at all reasonable
165     hours to inspection by the department or any of its inspectors
166     or other employees.
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                    Page 7 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



167
168     This paragraph does subsection shall not preclude a licensed
169     mobile home dealer from displaying and offering for sale mobile
170     homes in a mobile home park.
171
172     The department shall, if it deems necessary, cause an
173     investigation to be made to ascertain if the facts set forth in
174     the application are true and shall not issue a license to the
175     applicant until it is satisfied that the facts set forth in the
176     application are true.
177          Section 7.   Paragraph (j) of subsection (3) of section
178     320.771, Florida Statutes, is amended to read:
179          320.771   License required of recreational vehicle dealers.-
180          (3)   APPLICATION.-The application for such license shall be
181     in the form prescribed by the department and subject to such
182     rules as may be prescribed by it. The application shall be
183     verified by oath or affirmation and shall contain:
184          (j)   A statement that the applicant is insured under a
185     garage liability insurance policy, which shall include, at a
186     minimum, $25,000 combined single-limit liability coverage,
187     including bodily injury and property damage protection, and
188     $10,000 personal injury protection, if the applicant is to be
189     licensed as a dealer in, or intends to sell, recreational
190     vehicles. However, a garage liability policy is not required for
191     the licensure of a mobile home dealer who sells only park

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                   Page 8 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339     (2020)
        Amendment No. 1



192     trailers.
193
194     The department shall, if it deems necessary, cause an
195     investigation to be made to ascertain if the facts set forth in
196     the application are true and shall not issue a license to the
197     applicant until it is satisfied that the facts set forth in the
198     application are true.
199          Section 8.     Paragraph (c) of subsection (2) of section
200     320.822, Florida Statutes, is amended to read:
201          320.822    Definitions; ss. 320.822-320.862.-In construing
202     ss. 320.822-320.862, unless the context otherwise requires, the
203     following words or phrases have the following meanings:
204          (2)    "Code" means the appropriate standards found in:
205          (c)    The Mobile and Manufactured Home Repair and Remodeling
206     Code and the Used Recreational Vehicle Code.
207          Section 9.    Subsection (2) of section 320.8232, Florida
208     Statutes, is amended to read:
209          320.8232     Establishment of uniform standards for used
210     recreational vehicles and repair and remodeling code for mobile
211     homes.-
212          (2)    The Mobile and Manufactured Home provisions of the
213     Repair and Remodeling Code must be a uniform code, must shall
214     ensure safe and livable housingL and may shall not be more
215     stringent than those standards required to be met in the
216     manufacture of mobile homes. Such code must provisions shall
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                     Page 9 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



217     include, but not be limited to, standards for structural
218     adequacy, plumbing, heating, electrical systems, and fire and
219     life safety. All repairs and remodeling of mobile and
220     manufactured homes must be performed in accordance with
221     department rules.
222          Section 10.     Subsection (9) of section 367.022, Florida
223     Statutes, is amended, and subsection (14) is added to that
224     section, to read:
225          367.022    Exemptions.-The following are not subject to
226     regulation by the commission as a utility nor are they subject
227     to the provisions of this chapter, except as expressly provided:
228          (9)    Any person who resells water service to his or her
229     tenants or to individually metered residents for a fee that does
230     not exceed the actual purchase price of the water and wastewater
231     service plus the actual cost of meter reading and billing, not
232     to exceed 9 percent of the actual cost of service.
233          (14)    The owner of a mobile home park operating both as a
234     mobile home park and a mobile home subdivision, as those terms
235     are defined ins. 723.003, who provides service within the park
236     and subdivision to a combination of both tenants and lot owners,
237     provided that the service to tenants is without specific
238     compensation.
239          Section 11.     Paragraph (c) of subsection (6) of section
240     420.5087, Florida Statutes, is amended to read:
241          420.5087     State Apartment Incentive Loan Program.-There is
      386787 - h1339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                     Page 10 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339     (2020)
        Amendment No. 1



242     hereby created the State Apartment Incentive Loan Program for
243     the purpose of providing first,    second, or other subordinated
244     mortgage loans or loan guarantees to sponsors, including for-
245     profit, nonprofit, and public entities, to provide housing
246     affordable to very-low-income persons.
247          (6)     On all state apartment incentive loans, except loans
248     made to housing communities for the elderly to provide for
249     lifesafety, building preservation, health, sanitation, or
250     security-related repairs or improvements, the following
251     provisions shall apply:
252          (c)     The corporation shall provide by rule for the
253     establishment of a review committee for the competitive
254     evaluation and selection of applications submitted in this
255     program. The review committee must use evaluation criteria that
256     include, including, but are not limited to, the following
257     criteria:
258          1.     Tenant income and demographic targeting objectives of
259     the corporation.
260          2.     Targeting objectives of the corporation which will
261     ensure an equitable distribution of loans between rural and
262     urban areas.
263          3.     Sponsor's agreement to reserve the units for persons or
264     families who have incomes below 50 percent of the state or local
265     median income, whichever is higher, for a time period that
266     exceeds the minimum required by federal law or this part.
      386787 - hl339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                     Page 11 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



267          4.    Sponsor's agreement to reserve more than:
268          a.    Twenty percent of the units in the project for persons
269     or families who have incomes that do not exceed 50 percent of
270     the state or local median income, whichever is higher; or
271          b.    Forty percent of the units in the project for persons
272     or families who have incomes that do not exceed 60 percent of
273     the state or local median income, whichever is higher, without
274     requiring a greater amount of the loans as provided in this
275     section.
276          5.    Provision for tenant counseling.
277          6.    Sponsor's agreement to accept rental assistance
278     certificates or vouchers as payment for rent.
279          7.    Projects requiring the least amount of a state
280     apartment incentive loan compared to overall project cost,
281     except that the share of the loan attributable to units serving
282     extremely-low-income persons must be excluded from this
283     requirement.
284          8.    Local government contributions and local government
285     comprehensive planning and activities that promote affordable
286     housing and policies that promote access to public
287     transportation, reduce the need for onsite parking, and expedite
288     permits for affordable housing projects.
289          9.    Project feasibility.
290          10.    Economic viability of the project.
291          11.   Commitment of first mortgage financing.
      386787 - hl339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                    Page 12 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339    (2020)
        Amendment No. 1



292          12.     Sponsor's prior experience. This criterion may not
293     require a sponsor to have prior experience with the corporation
294     to qualify for financing under the program.
295          13.     Sponsor's ability to proceed with construction.
296          14.     Projects that directly implement or assist welfare-to-
297     work transitioning.
298          15.     Projects that reserve units for extremely-low-income
299     persons.
300          16.     Projects that include green building principles,
301     storm-resistant construction, or other elements that reduce
302     long-term costs relating to maintenance, utilities, or
303     insurance.
304          17.     Job-creation rate of the developer and general
305     contractor, as provided ins. 420.507(47).
306          Section 12.     Section 420.5095, Florida Statutes, is amended
307     to read:
308          420.5095     Community Workforce Housing Loan Innovation Pilot
309     Program.-
310          (1)     The Legislature finds and declares that recent rapid
311     increases in the median purchase price of a home and the cost of
312     rental housing have far outstripped the increases in median
313     income in the state, preventing essential services personnel
314     from living in the communities where they serve and thereby
315     creating the need for innovative solutions for the provision of
316     housing opportunities for essential services personnel.
      386787 - hl339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                     Page 13 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339     (2020)
        Amendment No. 1



317          (2)     The Community Workforce Housing Loan Innovation Pilot
318     Program is created to provide affordable rental and home
319     ownership community workforce housing for persons essential
320     services personnel affected by the high cost of housing, using
321     regulatory incentives and state and local funds to promote local
322     public private partnerships and leverage government and private
323     resources.
324          (3)     For purposes of this section, the term+
325          +a+     "workforce housing" means housing affordable to
326     natural persons or families whose total annual household income
327     does not exceed 80 ±44 percent of the area median income,
328     adjusted for household size, or 120 -l--§..G- percent of area median
329     income, adjusted for household size, in areas of critical state
330     concern designated under s. 380.05, for which the Legislature
331     has declared its intent to provide affordable housing, and areas
332     that were designated as areas of critical state concern for at
333     least 20 consecutive years before prior to removal of the
334     designation.
335          (b)     "Public private partnership" means any form of
336     business entity that includes substantial involvement of at
337     least one county, one municipality, or one public sector entity,
338     such as a school district or other unit of local government in
339     which the project is to be located, and at least one private
340     sector for profit or not for profit business or charitable
341     entity, and may be any form of business entity, including a

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                     Page 14 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339    (2020)
        Amendment No. 1



342     joint venture or contractual agreement.
343          (4)    The Florida Housing Finance Corporation may 4:-s-
344     authorized to provide loans under the Community Workforce
345     Housing Innovation Pilot program loans to applicants      aft

346     applicant for construction or rehabilitation of workforce
347     housing in eligible areas. This funding is intended to be used
348     with other public and private sector resources.
349          (5)    The corporation shall establish a loan application
350     process under s. 420.5087 by rule which includes selection
351     criteria, an application review process, and a funding process.
352     The corporation shall also establish an application review
353     committee that may include up to three private citizens
354     representing the areas of housing or real estate development,
355     banking, community planning, or other areas related to the
356     development or financing of worlcforce and affordable housing.
357          (a)    The selection criteria and application review process
358     must include a procedure for curing errors in the loan
359     applications which do not make a substantial change to the
360     proposed project.
361          (b)    To achieve the goals of the pilot program, the
362     application review committee may approve or reject loan
363     applications or responses to questions raised during the review
364     of an application due to the insufficiency of information
365     provided.
366          (c)    The application review committee shall make

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                     Page 15 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



367     recofflff1.endations concerning program participation and funding to
368     the corporation's board of directors.
369          (d)   The board of directors shall approve or reject loan
370     applications, determine the tentative loan amount available to
371     each applicant, and rank all approved applications.
372          (e)   The board of directors shall decide which approved
373     applicants will become program participants and determine the
374     maximum loan amount for each program participant.
375          (6)   The corporation shall provide incentives for local
376     governments in eligible areas to use local affordable housing
377     funds,   such as those from the State Housing Initiatives
378     Partnership Program, to assist in meeting the affordable housing
379     needs of persons eligible under this program. Local governments
380     are authorized to use State Housing Initiative Partnership
381     Program funds for persons or families whose total annual
382     household income does not eJrceed:
383          (a)   One hundred and forty percent of the area median
384     income, adjusted for household size; or
385          (b)   One hundred and fifty percent of the area median
386     income, adjusted for household size, in areas that were
387     designated as areas of critical state concern for at least 20
388     consecutive years prior to the removal of the designation and in
389     areas of critical state concern, designated under s. 380.05, for
390     which the Legislature has declared its intent to provide
391     affordable housing.

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                    Page 16 of 71
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/CS/HB 1339    (2020)
        Amendment No. 1



392           (7)      Funding shall be targeted to innovative projects in
393     areas where the disparity between the area median income and the
394     median sales price for a single family home is greatest, and
395     where population growth as a percentage rate of increase is
396     greatest. The corporation may also fund projects in areas \Jhere
397     innovative regulatory and financial incentives are made
398     available. The corporation shall fund at least one eligible
399     project in as many counties and regions of the state as is
400     practicable, consistent with program goals.
401          J...§l-f-8-t   Projects must be given shall receive priority
402     consideration for funding if where:
403          (a)       The local jurisdiction has adopted, or is committed to
404     adopting, appropriate regulatory incentives, or the local
405     jurisdiction or public private partnership has adopted or is
406     committed to adopting local contributions or financial
407     strategies, or other funding sources to promote the development
408     and ongoing financial viability of such projects. Local
409     incentives include such actions as expediting review of
410     development orders and permits, supporting development near
411     transportation hubs and major employment centers, and adopting
412     land development regulations designed to allow flexibility in
413     densities, use of accessory units, mixed-use developments, and
414     flexible lot configurations. Financial strategies include such
415     actions as promoting employer-assisted housing programs,
416     providing tax increment financing, and providing land.

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                         Page 17 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339     (2020)
        Amendment No. 1



417          (b)   Projects are innovative and include new construction
418     or rehabilitation; mi}{ed income housing; commercial and housing
419     mixed use elements; innovative design; green building
420     principles; storm resistant construction; or other elements that
421     reduce long term costs relating to maintenance, utilities, or
422     insurance and promote homeownership. The program funding may not
423     eHceed the costs attributable to the portion of the project that
424     is set aside to provide housing for the targeted population.
425          (b)-fet   The projects -t-h-a-t- set aside at least 50 at least 80
426     percent of the units for workforce housing and at least 50
427     percent for essential services personnel and for projects that
428     require the least amount of program funding compared to the
429     overall housing costs for the project.
430          (9)   Hotwithstanding s. 163.3184 (4) (b)   (d), any local
431     government comprehensive plan amendment to implement a Community
432     Workforce Housing Innovation Pilot Program project found
433     consistent with this section shall be e}{pedited as provided in
434     this subsection. At least 30 days prior to adopting a plan
435     amendment under this subsection, the local government shall
436     notify the state land planning agency of its intent to adopt
437     such an amendment, and the notice shall include its evaluation
438     related to site suitability and availability of facilities and
439     services. The public notice of the hearing required bys.
440     163.3184(11) (b)2. shall include a statement that the local
441     government intends to use the e}{pedited adoption process
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                     Page 18 of 71
                                                     COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



442      authorized by this subsection. Such am.endm.ents shall require
443      only a single public hearing before the governing board, which
444      shall be an adoption hearing as described in s. 163. 318 4 ( 4) ( e) .
445      Any further proceedings shall be governed bys. 163.3184(5)
446      (13).
447              (10)        The processing of approvals of development orders or
448      development perm.its, as defined ins. 163.3164, for innovative
449      comm.unity workforce housing projects shall be expedited.
450              J...2.l-f-1-±+   The corporation shall award loans w i t h ~
451      interest rates set at 1 to 3 percent interest rate for a term
452      that does not exceed 15 years, which m.ay be m.ade forgivable when
453      long term. affordability is provided and when at least 80 percent
454      of the units are set aside for worlcforce housing and at least 50
455      percent of the units are set aside for essential services
456      personnel.
457              (12)       All eligible applications shall:
458              (a)       For hom.e ownership, limit the sales price of a
459      detached unit, townhom.e, or condominium. unit to not m.ore than 90
4 60     percent of the median sales price for that type of unit in that
4 61     county, or the statewide median sales price for that type of
462      unit, whichever is higher, and require that all eligible
463      purchasers of hom.e ownership units occupy the hem.es as their
464      primary residence.
465              (b)       For rental units, restrict rents for all workforce
466      housing serving those with incomes at or below 120 percent of

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                              Page 19 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



467     area median income at the appropriate income level using the
468     restricted rents for the federal low income housing tax credit
469     program and, for workforce housing units serving those with
470     incomes above 120 percent of area median income, restrict rents
471     to those established by the corporation, not to eJcceed 30
472     percent of the maJcimum household income adjusted to unit size.
473          (c)   Demonstrate that the applicant is a public private
474     partnership in an agreement, contract, partnership agreement,
475     memorandum of understanding, or other written instrument signed
476     by all the project partners.
477          (d)   Have grants, donations of land, or contributions from
478     the public private partnership or other sources collectively
479     totaling at least 10 percent of the total development cost or $2
480     million, whichever is less. Such grants, donations of land, or
481     contributions must be evidenced by a letter of commitment,
482     agreement, contract, deed, memorandum of understanding, or other
483     written instrument at the time of application. Grants, donations
484     of land, or contributions in encess of 10 percent of the
485     development cost shall increase the application score.
486          (e)   Demonstrate how the applicant will use the regulatory
487     incentives and financial strategies outlined in subsection (8)
488     from the local jurisdiction in which the proposed project is to
489     be located. The corporation may consult with the Department of
490     Economic Opportunity in evaluating the use of regulatory
491     incentives by applicants.

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                    Page 20 of 71
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



4 92            (f)     Demonstrate that the applicant possesses title to or
493      site control of land and evidences availability of required
4 94     infrastructure.
495             (g)     Demonstrate the applicant's affordable housing
496      development and management e1cperience.
4 97            (h)     Provide any research or facts available supporting the
498      demand and need for rental or home ownership worlcforce housing
499      for eligible persons in the market in which the project is
500      proposed.
501             (13)     Projects may include manufactured housing constructed
502      after June 1994 and installed in accordance with mobile home
503      installation standards of the Department of Highway Safety and
504      Motor Vehicles.
505             J...Ql-B-4+   The corporation may adopt rules pursuant toss.
506      120.536(1) and 120.54 to implement this section.
507             ( 15)    The corporation may use a ma1cimum of 2 percent of the
508      annual program appropriation for administration and compliance
509      monitoring.
510      (16)    The corporation shall review the success of the Community
511      Worlcforce Housing Innovation Pilot Program to ascertain whether
512      the projects financed by the program are useful in meeting the
513      housing needs of eligible areas and shall include its findings
514      in the annual report required under s. 420.511(3).
515             Section 13.      Section 420.531, Florida Statutes, is amended
516      to read:

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                         Page 21 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339    (2020)
        Amendment No. 1



517          420.531     Affordable Housing Catalyst Program.-
518          (1)    The corporation shall operate the Affordable Housing
519     Catalyst Program for the purpose of securing the expertise
520     necessary to provide specialized technical support to local
521     governments and community-based organizations to implement the
522     HOME Investment Partnership Program, State Apartment Incentive
523     Loan Program, State Housing Initiatives Partnership Program, and
524     other affordable housing programs. To the maximum extent
525     feasible, the entity to provide the necessary expertise must be
526     recognized by the Internal Revenue Service as a nonprofit tax-
527     exempt organization. It must have as its primary mission the
528     provision of affordable housing training and technical
529     assistance, an ability to provide training and technical
530     assistance statewide, and a proven track record of successfully
531     providing training and technical assistance under the Affordable
532     Housing Catalyst Program. The technical support shall, at a
533     minimum, include training relating to the following key elements
534     of the partnership programs:
535          ~+±+        Formation of local and regional housing
536     partnerships as a means of bringing together resources to
537     provide affordable housing.
538          JEl_-f-2+   Implementation of regulatory reforms to reduce the
539     risk and cost of developing affordable housing.
540          ~-f-3+      Implementation of affordable housing programs
541     included in local government comprehensive plans.

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                      Page 22 of 71
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



542             (d)-f-4+   Compliance with requirements of federally funded
543     housing programs.
544             (2)   In consultation with the corporation, the entity
545     providing statewide training and technical assistance shall
546     convene and administer biannual regional workshops for the
547     locally elected officials serving on affordable housing advisory
548     committees as provided ins. 420.9076. The regional workshops
549     may be conducted through teleconferencing or other technological
550     means and must include processes and programming that facilitate
551     peer-to-peer identification and sharing of best affordable
552     housing practices among the locally elected officials. Annually,
553     the entity providing statewide training and technical assistance
554     must compile calendar year reports summarizing the
555     deliberations, actions, and recommendations of each region, as
556     well as the attendance records of locally elected officials, and
557     must submit such reports to the President of the Senate, the
558     Speaker of the House of Representatives, and the corporation by
559     March 31 of the following year.
560             Section 14.     Subsection (2) of section 420.9071, Florida
561     Statutes, is amended to read:
562             420.9071     Definitions.-As used in ss. 420.907-420.9079, the
563     term:
564             (2)   "Affordable" means that monthly rents or monthly
565     mortgage payments including taxes and insurance do not exceed 30
566     percent of that amount which represents the percentage of the
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                        Page 23 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



567     median annual gross income for the households as indicated in
568     subsection (19), subsection (20), or subsection (28). However,
569     it is not the intent to limit an individual household's ability
570     to devote more than 30 percent of its income for housing, and
571     housing for which a household devotes more than 30 percent of
572     its income shall be deemed affordable if the first institutional
573     mortgage lender is satisfied that the household can afford
574     mortgage payments in excess of the 30 percent benchmark. The
575     term also includes housing provided by a not-for-profit
576     corporation that derives at least 75 percent of its annual
577     revenues from contracts or services provided to a state or
578     federal agency, for low-income persons and low-income households
579     that provides treatment for persons who suffer from mental
580     health, substance abuse, or domestic violence; and that provides
581     on-premises social and community support services including, job
582     training, life skills training, alcohol and substance abuse
583     disorder treatment, child care, and client case management
584     services.
585          Section 15.     Subsection (7) of section 420.9073, Florida
586     Statutes, is renumbered as subsection (8), and a new subsection
587     (7) is added to that section to read:
588          420.9073     Local housing distributions.-
589          (7)    Notwithstanding subsections (1)-(4), the corporation
590     may withhold up to 5 percent of the total amount distributed
591     each fiscal year from the Local Government Housing Trust Fund to
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                     Page 24 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339    (2020)
        Amendment No. 1



592     provide additional funding to counties and eligible
593     municipalities for the construction of transitional housing for
594     persons aging out of foster care. Funds may not be used for the
595     design or planning of transitional housing and the housing must
596     be constructed on campus that provides housing for persons in
597     foster care or persons aging out of foster care pursuant to s.
598     409.1451. The corporation must consult with the Department of
599     Children and Families to create minimum criteria for such
600     housing. Any portion of the withheld funds not distributed or
601     committed by the end of the fiscal year shall be distributed as
602     provided in subsections (1) and (2).
603          Section 16.     Paragraph (a) of subsection (4) of section
604     420.9075, Florida Statutes, is amended, and paragraph (j)      is
605     added to subsection (10) of that section, to read:
606          420.9075     Local housing assistance plans; partnerships.-
607          (4)   Each local housing assistance plan is governed by the
608     following criteria and administrative procedures:
609          (a)   Each county, eligible municipality, or entity formed
610     through interlocal agreement to participate in the State Housing
611     Initiatives Partnership Program must develop a qualification
612     system and selection criteria for applications for awards by
613     eligible sponsors, adopt criteria for the selection of eligible
614     persons, and adopt a maximum award schedule or system of amounts
615     consistent with the intent and budget of its local housing
616     assistance plan, with ss. 420.907-420.9079, and with corporation

      386787 - h1339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                     Page 25 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



617     rule. The selection criteria must provide priority to applicants
618     who need less assistance so as to maximize the total number of
619     applicants who may receive an award under the program.
620           (10)    Each county or eligible municipality shall submit to
621     the corporation by September 15 of each year a report of its
622     affordable housing programs and accomplishments through June 30
623     immediately preceding submittal of the report. The report shall
624     be certified as accurate and complete by the local government's
625     chief elected official or his or her designee. Transmittal of
626     the annual report by a county's or eligible municipality's chief
627     elected official, or his or her designee, certifies that the
628     local housing incentive strategies, or, if applicable, the local
629     housing incentive plan, have been implemented or are in the
630     process of being implemented pursuant to the adopted schedule
631     for implementation. The report must include, but is not limited
632     to:
633           (j}    The number of affordable housing applications that
634     were submitted, the number of such applications that were
635     approved, and the number of such applications that were denied.
636           Section 17.    Subsections (2) and (4) of section 420.9076,
637     Florida Statutes, are amended, and subsection (10) is added to
638     that section, to read:
639           420.9076   Adoption of affordable housing incentive
640     strategies; committees.-
641           (2)    The governing board of a county or municipality shall
      386787 - hl339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                     Page 26 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339    (2020)
         Amendment No. 1



642      appoint the members of the affordable housing advisory
643      committee. Pursuant to the terms of any interlocal agreement, a
644      county and municipality may create and jointly appoint an
645      advisory committee. The local action adopted pursuant to s.
646      420.9072 which creates the advisory committee and appoints the
647      advisory committee members must name at least 8 but not more
648      than 11 committee members and specify their terms. Effective
64 9     October 1, 2020, the committee must consist of one locally
650      elected official from each county or municipality participating
651      in the State Housing Initiatives Partnership Program and one
652      representative from at least six of the categories below:
653           (a)    A citizen who is actively engaged in the residential
654      home building industry in connection with affordable housing.
655           (b)    A citizen who is actively engaged in the banking or
656      mortgage banking industry in connection with affordable housing.
657           (c)    A citizen who is a representative of those areas of
658      labor actively engaged in home building in connection with
659      affordable housing.
660           (d)    A citizen who is actively engaged as an advocate for
661      low-income persons in connection with affordable housing.
662           ( e)   A citizen who is actively engaged as a for-profit
663      provider of affordable housing.
664           (f)    A citizen who is actively engaged as a not-for-profit
665      provider of affordable housing.
666           ( g)   A citizen who is actively engaged as a real estate
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                     Page 27 of 71
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



667     professional in connection with affordable housing.
668          (h)   A citizen who actively serves on the local planning
669     agency pursuant to s. 163.3174. If the local planning agency is
670     comprised of the governing board of the county or municipality,
671     the governing board may appoint a designee who is knowledgeable
672     in the local planning process.
673          (i)   A citizen who resides within the jurisdiction of the
674     local governing body making the appointments.
675          (j)   A citizen who represents employers within the
676     jurisdiction.
677          (k)   A citizen who represents essential services personnel,
678     as defined in the local housing assistance plan.
679          (4)   Annually Triennially, the advisory committee shall
680     review the established policies and procedures, ordinances, land
681     development regulations, and adopted local government
682     comprehensive plan of the appointing local government and shall
683     recommend specific actions or initiatives to encourage or
684     facilitate affordable housing while protecting the ability of
685     the property to appreciate in value. The recommendations may
686     include the modification or repeal of existing policies,
687     procedures, ordinances, regulations, or plan provisions; the
688     creation of exceptions applicable to affordable housing; or the
689     adoption of new policies, procedures, regulations, ordinances,
690     or plan provisions, including recommendations to amend the local
691     government comprehensive plan and corresponding regulations,
      386787 - hl339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                   Page 28 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



692     ordinances, and other policies. At a minimum, each advisory
693     committee shall submit an annual a report to the local governing
694     body and to the entity providing statewide training and
695     technical assistance for the Affordable Housing Catalyst Program
696     which -Hta-t- includes recommendations on, and triennially
697     thereafter evaluates the implementation ofT affordable housing
698     incentives in the following areas:
699          (a)   The processing of approvals of development orders or
700     permits for affordable housing projects is expedited to a
701     greater degree than other projects, as provided ins.
702     163.3177(6) (f)3.
703          (b)   All allowable fee waivers provided The modification of
704     impact fee requirements, including reduction or waiver of fees
705     and alternative methods of fee payment for the development or
706     construction of affordable housing.
707          (c)   The allowance of flexibility in densities for
708     affordable housing.
709          (d)   The reservation of infrastructure capacity for housing
710     for very-low-income persons, low-income persons, and moderate-
711     income persons.
712          (e)   The allowance of Affordable accessory residential
713     units in residential zoning districts.
714          (f)   The reduction of parking and setback requirements for
715     affordable housing.
716          (g)   The allowance of flexible lot configurations,
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                   Page 29 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339    (2020)
        Amendment No. 1



717     including zero-lot-line configurations for affordable housing.
718          (h)    The modification of street requirements for affordable
719     housing.
720          (i)    The establishment of a process by which a local
721     government considers, before adoption, policies, procedures,
722     ordinances, regulations, or plan provisions that increase the
723     cost of housing.
724          (j)    The preparation of a printed inventory of locally
725     owned public lands suitable for affordable housing.
726          (k)    The support of development near transportation hubs
727     and major employment centers and mixed-use developments.
728
729     The advisory committee recommendations may also include other
730     affordable housing incentives identified by the advisory
731     committee. Local governments that receive the minimum allocation
732     under the State Housing Initiatives Partnership Program shall
733     perform a n ~ initial review but may elect to not perform the
734     annual triennial review.
735          (10)    The locally elected official serving on an advisory
736     committee, or a locally elected designee, must attend biannual
737     regional workshops convened and administered under the
738     Affordable Housing Catalyst Program as provided ins.
739     420.531(2). If the locally elected official or locally elected
740     designee fails to attend three consecutive regional workshops,
741     the corporation may withhold funds pending the person's
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                    Page 30 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



742     attendance at the next regularly scheduled biannual meeting.
743          Section 18.    Subsection (18) of section 553.791, Florida
744     Statutes, is amended to read:
745          553.791    Alternative plans review and inspection.-
746          (18)    Each local building code enforcement agency may audit
747     the performance of building code inspection services by private
748     providers operating within the local jurisdiction. However, a
749     building or structure the same private provider may not be
750     audited more than four times in a calendar year unless the local
751     building official determines a condition of the a building or
752     structure constitutes an immediate threat to public safety and
753     welfare. Work on a building or structure may proceed after
754     inspection and approval by a private provider if the provider
755     has given notice of the inspection pursuant to subsection (9)
756     and, subsequent to such inspection and approval, the work shall
757     not be delayed for completion of an inspection audit by the
758     local building code enforcement agency.
759          Section 19.    Subsection (4) of section 723.011, Florida
760     Statutes, is amended to read:
761          723.011    Disclosure prior to rental of a mobile home lot;
762     prospectus, filing, approval.-
763          (4)    With regard to a tenancy in existence on the effective
764     date of this chapter, the prospectus or offering circular
765     offered by the mobile home park owner must shall contain the
766     same terms and conditions as rental agreements offered to all
      386787 - hl339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                    Page 31 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



767     other mobile home owners residing in the park on the effective
768     date of this act, excepting only rent variations based upon lot
769     location and size, and may shall not require any mobile home
770     owner to install any permanent improvements, except that the
771     mobile home owner may be required to install permanent
772     improvements to the mobile home as disclosed in the prospectus.
773          Section 20.     Subsection (5) of section 723.012, Florida
774     Statutes, is amended to read:
775          723.012     Prospectus or offering circular.-The prospectus or
776     offering circular, which is required to be provided bys.
777     723.011, must contain the following information:
778          (5)   A description of the recreational and other common
779     facilities,    if any, that will be used by the mobile home owners,
780     including, but not limited to:
781          (a)   The number of buildings and each room thereof and its
782     intended purposes, location, approximate floor area, and
783     capacity in numbers of people.
784          (b)   Each swimming pool, as to its general location,
785     approximate size and depths, and approximate deck size and
786     capacity and whether heated.
787          (c)   All other facilities and permanent improvements that
788     which will serve the mobile home owners.
789          (d)   A general description of the items of personal
790     property available for use by the mobile home owners.
791          (e)   A general description of the days and hours that

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                     Page 32 of 71
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



792     facilities will be available for use.
793          (f)   A statement as to whether all improvements are
794     complete and, if not, their estimated completion dates.
795
796     If a mobile home park owner intends to include additional
797     property and mobile home lots and to increase the number of lots
798     that will use the shared facilities of the park, the mobile home
799     park owner must amend the prospectus to disclose such additions.
800     If the number of mobile home lots in the park increases by more
801     than 15 percent of the total number of lots in the original
802     prospectus, the mobile home park owner must reasonably offset
803     the impact of the additional lots by increasing the shared
804     facilities. The amendment to the prospectus must include a
805     reasonable timeframe for providing the required additional
806     shared facilities. The costs and expenses necessary to increase
807     the shared facilities may not be passed on or passed through to
808     the existing mobile home owners.
809          Section 21.   Section 723.023, Florida Statutes, is amended
810     to read:
811          723.023   Mobile home owner's general obligations.-A mobile
812     home owner shall at all times:
813          (1)   At all times comply with all obligations imposed on
814     mobile home owners by applicable provisions of building,
815     housing, and health codes, including compliance with all
816     building permits and construction requirements for construction

      386787 - h1339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                   Page 33 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339     (2020)
        Amendment No. 1



817     on the mobile home and lot. The home owner is responsible for
818     all fines imposed by the local government for noncompliance with
819     any local codes.
820             (2)   At all times keep the mobile home lot that which he or
821     she occupies clean, neat, and sanitary, and maintained in
822     compliance with all local codes.
823             (3)   At all times comply with properly promulgated park
824     rules and regulations and require other persons on the premises
825     with his or her consent to comply with such rules and to conduct
826     themselves, and other persons on the premises with his or her
827     consent, in a manner that does not unreasonably disturb other
828     residents of the park or constitute a breach of the peace.
829             (4)   Receive written approval from the mobile home park
830     owner before making any exterior modification or addition to the
831     home.
832             (5)   When vacating the premises, remove any debris and
833     other property of any kind which is left on the mobile home lot.
834             Section 22.   Subsection (5) of section 723.031, Florida
835     Statutes, is amended to read:
836             723.031   Mobile home lot rental agreements.-
837             (5)   The rental agreement must shall contain the lot rental
838     amount and services included. An increase in lot rental amount
839     upon expiration of the term of the lot rental agreement must
840     shall be in accordance with ss. 723.033 and 723.037 ors.
841     723.059(4), whichever is applicable~7 provided that, pursuant to
      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                      Page 34 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



842     s. 723.059(4), the amount of the lot rental increase is
843     disclosed and agreed to by the purchaser, in writing. An
844     increase in lot rental amount shall not be arbitrary or
845     discriminatory between similarly situated tenants in the park. A
846     lot rental amount may not be increased during the term of the
847     lot rental agreement, except:
848          (a)   When the manner of the increase is disclosed in a lot
849     rental agreement with a term exceeding 12 months and which
850     provides for such increases not more frequently than annually.
851          (b)   For pass-through charges as defined ins. 723.003.
852          (c)   That a charge may not be collected which results in
853     payment of money for sums previously collected as part of the
854     lot rental amount. The provisions hereof notwithstanding, the
855     mobile home park owner may pass on, at any time during the term
856     of the lot rental agreement, ad valorem property taxes, non-ad
857     valorem assessments, and utility charges, or increases of
858     either, provided that the ad valorem property taxes, non-ad
859     valorem assessments, and utility charges are not otherwise being
860     collected in the remainder of the lot rental amount and provided
861     further that the passing on of such ad valorem taxes, non-ad
862     valorem assessments, or utility charges, or increases of either,
863     was disclosed prior to tenancy, was being passed on as a matter
864     of custom between the mobile home park owner and the mobile home
865     owner, or such passing on was authorized by law. A park owner is
866     deemed to have disclosed the passing on of ad valorem property

      386787 - hl339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                   Page 35 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



867     taxes and non-ad valorem assessments if ad valorem property
868     taxes or non-ad valorem assessments were disclosed as a separate
869     charge or a factor for increasing the lot rental amount in the
870     prospectus or rental agreement. Such ad valorem taxes, non-ad
871     valorem assessments, and utility charges shall be a part of the
872     lot rental amount as defined by this chapter. The term "non-ad
873     valorem assessments" has the same meaning as provided ins.
874     197.3632(1) (d). Other provisions of this chapter
875     notwithstanding, pass-on charges may be passed on only within 1
876     year of the date a mobile home park owner remits payment of the
877     charge. A mobile home park owner is prohibited from passing on
878     any fine,   interest, fee, or increase in a charge resulting from
879     a park owner's payment of the charge after the date such charges
880     become delinquent. A mobile home park owner is prohibited from
881     charging or collecting from the mobile home owners any sum for
882     ad valorem taxes or non-ad valorem tax charges in an amount in
883     excess of the sums remitted by the park owner to the tax
884     collector. Nothing herein shall prohibit a park owner and a
885     homeowner from mutually agreeing to an alternative manner of
886     payment to the park owner of the charges.
887          (d)    If a notice of increase in lot rental amount is not
888     given 90 days before the renewal date of the rental agreement,
889     the rental agreement must remain under the same terms until a
890     90-day notice of increase in lot rental amount is given. The
891     notice may provide for a rental term shorter than 1 year in

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                    Page 36 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



892     order to maintain the same renewal date.
893          Section 23.   Subsection (1) and paragraph (a) of subsection
894     (4) of section 723.037, Florida Statutes, are amended to read:
895          723.037   Lot rental increases; reduction in services or
896     utilities; change in rules and regulations; mediation.-
897          (1)   A park owner shall give written notice to each
898     affected mobile home owner and the board of directors of the
899     homeowners' association, if one has been formed, at least 90
900     days before any increase in lot rental amount or reduction in
901     services or utilities provided by the park owner or change in
902     rules and regulations. The park owner may give notice of all
903     increases in lot rental amount for multiple anniversary dates in
904     the same 90-day notice. The notice must shall identify all other
905     affected homeowners, which may be by lot number, name, group, or
906     phase. If the affected homeowners are not identified by name,
907     the park owner shall make the names and addresses available upon
908     request. However, this requirement does not authorize the
909     release of the names, addresses, or other private information
910     about the homeowners to the association or any other person for
911     any other purpose. The home owner's right to the 90-day notice
912     may not be waived or precluded by a home owner, or the
913     homeowners' committee, in an agreement with the park owner.
914     Rules adopted as a result of restrictions imposed by
915     governmental entities and required to protect the public health,
916     safety, and welfare may be enforced prior to the expiration of

      386787 - hl339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                   Page 37 of 71
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



917     the 90-day period but are not otherwise exempt from the
918     requirements of this chapter. Pass-through charges must be
919     separately listed as to the amount of the charge, the name of
920     the governmental entity mandating the capital improvement, and
921     the nature or type of the pass-through charge being levied.
922     Notices of increase in the lot rental amount due to a pass-
923     through charge must shall state the additional payment and
924     starting and ending dates of each pass-through charge. The
925     homeowners' association shall have no standing to challenge the
926     increase in lot rental amount, reduction in services or
927     utilities, or change of rules and regulations unless a majority
928     of the affected homeowners agree, in writing, to such
929     representation.
930          (4) (a)   A committee, not to exceed five in number,
931     designated by a majority of the affected mobile home owners or
932     by the board of directors of the homeowners' association, if
933     applicable, and the park owner shall meet, at a mutually
934     convenient time and place no later than 60 days before the
935     effective date of the change to discuss the reasons for the
936     increase in lot rental amount, reduction in services or
937     utilities, or change in rules and regulations. The negotiating
938     committee shall make a written request for a meeting with the
939     park owner or subdivision developer to discuss those matters
940     addressed in the 90-day notice, and may include in the request a
941     listing of any other issue, with supporting documentation, that

      386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                    Page 38 of 71
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 1339   (2020)
        Amendment No. 1



942     the committee intends to raise and discuss at the meeting. The
943     committee shall address all lot rental amount increases that are
944     specified in the notice of lot rental amount increase,
945     regardless of the effective date of the increase.
946
947     This subsection is not intended to be enforced by civil or
948     administrative action. Rather, the meetings and discussions are
949     intended to be in the nature of settlement discussions prior to
950     the parties proceeding to mediation of any dispute.
951          Section 24.   Subsections (5) and (6) are added to section
952     723.041, Florida Statutes, to read:
953          723.041   Entrance fees; refunds; exit fees prohibited;
954     replacement homes.-
955          (5)   A mobile home park that is damaged or destroyed due to
956     wind, water, or other natural force may be rebuilt on the same
957     site with the same density as was approved, permitted, and built
958     before the park was damaged or destroyed.
959          (6)   This section does not limit the regulation of the
960     uniform firesafety standards established under s. 633.206, but
961     supersedes any other density, separation, setback, or lot size
962     regulation adopted after initial permitting and construction of
963     the mobile home park.
964          Section 25.   Section 723.042, Florida Statutes, is amended
965     to read:
966          723.042   Provision of improvements.-~ Ne person may not
      386787 - h1339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                   Page 39 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339     (2020)
        Amendment No. 1



967     shall be required by a mobile home park owner or developer, as a
968     condition of residence in the mobile home park, to provide any
969     improvement unless the requirement is disclosed pursuant to s.
970     723.012(7) s. 723.011 prior to occupancy in the mobile home
971     park.
972             Section 26.   Subsections (3) and (4) of section 723.059,
973     Florida Statutes, are amended to read:
974             723.059   Rights of Purchaser of a mobile home within a
975     mobile home park.-
976             (3)   The purchaser of a mobile home who intends to become
977     becomes a resident of the mobile home park in accordance with
978     this section has the right to assume the remainder of the term
979     of any rental agreement then in effect between the mobile home
980     park owner and the seller and may assume the seller's
981     prospectus. However, nothing herein shall prohibit a mobile home
982     park owner from offering the purchaser of a mobile home any
983     approved prospectus shall be entitled to rely on the terms and
984     conditions of the prospectus or offering circular as delivered
985     to the initial recipient.
986             (4)   However, nothing herein shall be construed to prohibit
987     a mobile home park owner from increasing the rental amount to be
988     paid by the purchaser upon the expiration of the assumed rental
989     agreement in an amount deemed appropriate by the mobile home
990     park owner, so long as such increase is disclosed to the
991     purchaser prior to his or her occupancy and is imposed in a
      386787 - h1339-strike.docx
      Published On: 2/26/2020 8:27:44 PM
                                      Page 40 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



 992     manner consistent with the purchaser's initial offering circular
 993     e-r prospectus and this act.
 994          Section 27.    Paragraph (d) of subsection (1) of section
 995     723.061, Florida Statutes, is amended, and subsection (5) is
 996     added to that section, to read:
 997          723.061    Eviction; grounds, proceedings.-
 998          (1)   A mobile home park owner may evict a mobile home
 999     owner, a mobile home tenant, a mobile home occupant, or a mobile
1000     home only on one or more of the following grounds:
1001          (d)    Change in use of the land comprising the mobile home
1002     park, or the portion thereof from which mobile homes are to be
1003     evicted, from mobile home lot rentals to some other use, if:
1004          1.    The park owner gives written notice to the homeowners'
1005     association formed and operating under ss. 723.075-723.079 of
1006     its right to purchase the mobile home park, if the land
1007     comprising the mobile home park is changing use from mobile home
1008     lot rentals to a different use, at the price and under the terms
1009     and conditions set forth in the written notice.
1010          a.    The notice shall be delivered to the officers of the
1011     homeowners' association by United States mail. Within 45 days
1012     after the date of mailing of the notice, the homeowners'
1013     association may execute and deliver a contract to the park owner
1014     to purchase the mobile home park at the price and under the
1015     terms and conditions set forth in the notice. If the contract
1016     between the park owner and the homeowners' association is not
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                     Page 41 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1017     executed and delivered to the park owner within the 45-day
1018     period, the park owner is under no further obligation to the
1019     homeowners' association except as provided in sub-subparagraph
1020     b.
1021          b.   If the park owner elects to offer or sell the mobile
1022     home park at a price lower than the price specified in her or
1023     his initial notice to the officers of the homeowners'
1024     association, the homeowners' association has an additional 10
1025     days to meet the revised price, terms, and conditions of the
1026     park owner by executing and delivering a revised contract to the
1027     park owner.
1028          c.   The park owner is not obligated under this subparagraph
1029     ors. 723.071 to give any other notice to, or to further
1030     negotiate with, the homeowners' association for the sale of the
1031     mobile home park to the homeowners' association after 6 months
1032     after the date of the mailing of the initial notice under sub-
1033     subparagraph a.
1034          2.   The park owner gives the affected mobile home owners
1035     and tenants at least 6 months' notice of the eviction due to the
1036     projected change in use and of their need to secure other
1037     accommodations. Within 20 days after giving an eviction notice
1038     to a mobile home owner, the park owner must provide the division
1039     with a copy of the notice. The division must provide the
1040     executive director of the Florida Mobile Home Relocation
1041     Corporation with a copy of the notice.

       386787 - hl339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 42 of 71
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1042            a.    The notice of eviction due to a change in use of the
1043     land must include in a font no smaller than the body of the
1044     notice the following statement:
1045
1046     YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME
1047     RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME
1048     RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
1049     AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND
1050     PROFESSIONAL REGULATION.
1051
1052            b.    The park owner may not give a notice of increase in lot
1053     rental amount within 90 days before giving notice of a change in
1054     use.
1055            (5)   A park owner who accepts payment of any portion of the
1056     lot rental amount with actual knowledge of noncompliance after
1057     notice and termination of the rental agreement due to a
1058     violation under paragraph (1) (b), paragraph (1) (c), or paragraph
1059     (1) (e) does not waive the right to terminate the rental
1060     agreement or the right to bring a civil action for the
1061     noncompliance, but not for any subsequent or continuing
1062     noncompliance. Any rent so received must be accounted for at the
1063     final hearing.
1064            Section 28.    Subsection (1) of section 723.076, Florida
1065     Statutes, is amended to read:
1066            723.076    Incorporation; notification of park owner.-
       386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                       Page 43 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1067          (1)    Upon receipt of its certificate of incorporation, the
1068     homeowners' association shall notify the park owner in writing
1069     of such incorporation and shall advise the park owner of the
1070     names and addresses of the officers of the homeowners'
1071     association by personal delivery upon the park owner's
1072     representative as designated in the prospectus or by certified
1073     mail, return receipt requested. Thereafter, the homeowners'
1074     association shall notify the park owner in writing by certified
1075     mail, return receipt requested, of any change of names and
1076     addresses of its president or registered agent. Upon election or
1077     appointment of new officers or board members, the homeowners'
1078     association shall notify the park owner in writing by certified
1079     mail, return receipt requested, of the names and addresses of
1080     the new officers or board members.
1081          Section 29.    Paragraphs (b) through (e) of subsection (2)
1082     of section 723.078, Florida Statutes, are amended, and paragraph
1083     (i) of that subsection is reenacted, to read:
1084          723.078    Bylaws of homeowners' associations.-
1085          (2)   The bylaws shall provide and, if they do not, shall be
1086     deemed to include, the following provisions:
1087          (b)   Quorum; voting requirements; proxies.-
1088          1.    Unless otherwise provided in the bylaws, 30 percent of
1089     the total membership is required to constitute a quorum.
1090     Decisions shall be made by a majority of members represented at
1091     a meeting at which a quorum is present.

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                     Page 44 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1092          2.a.    A member may not vote by general proxy but may vote
1093     by limited proxies substantially conforming to a limited proxy
1094     form adopted by the division. Limited proxies and general
1095     proxies may be used to establish a quorum. Limited proxies may
1096     be used for votes taken to amend the articles of incorporation
1097     or bylaws pursuant to this section, and any other matters for
1098     which this chapter requires or permits a vote of members~T
1099     except that no proxy, limited or general, may not be used in the
1100     election of board members in general elections or elections to
1101     fill vacancies caused by recall, resignation, or otherwise.
1102     Board members must be elected by written ballot or by voting in
1103     person. If a mobile home or subdivision lot is owned jointly,
1104     the owners of the mobile home or subdivision lot must be counted
1105     as one for the purpose of determining the number of votes
1106     required for a majority. Only one vote per mobile home or
1107     subdivision lot shall be counted. Any number greater than 50
1108     percent of the total number of votes constitutes a majority.
1109     Notwithstanding this section, members may vote in person at
1110     member meetings or by secret ballot, including absentee ballots,
1111     as defined by the division.
1112          b.     Elections shall be decided by a plurality of the
1113     ballots cast. There is no quorum requirement; however, at least
1114     20 percent of the eligible voters must cast a ballot in order to
1115     have a valid election. A member may not allow any other person
1116     to cast his or her ballot, and any ballots improperly cast are
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                      Page 45 of 71
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1117     invalid. An election is not required unless there are more
1118     candidates nominated than vacancies that exist on the board.
1119          c.     Each member or other eligible person who desires to be
1120     a candidate for the board of directors shall appear on the
1121     ballot in alphabetical order by surname. A ballot may not
1122     indicate if any of the candidates are incumbent on the board.
1123     All ballots must be uniform in appearance. Write-in candidates
1124     and more than one vote per candidate per ballot are not allowed.
1125     A ballot may not provide a space for the signature of, or any
1126     other means of identifying, a voter. If a ballot contains more
1127     votes than vacancies or fewer votes than vacancies, the ballot
1128     is invalid unless otherwise stated in the bylaws.
1129          d.     An impartial committee shall be responsible for
1130     overseeing the election process and complying with all ballot
1131     requirements. For purposes of this section, the term "impartial
1132     committee" means a committee whose members do not include any of
1133     the following people or their spouses:
1134          (I)     Current board members.
1135          (II)     Current association officers.
1136          (III)     Candidates for the association or board.
1137          e.     The association bylaws shall provide a method for
1138     determining the winner of an election in which two or more
1139     candidates for the same position receive the same number of
1140     votes.
1141          f.     The division shall adopt procedural rules to govern
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                      Page 46 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1142     elections, including, but not limited to, rules for providing
1143     notice by electronic transmission and rules for maintaining the
1144     secrecy of ballots.
1145          3.    A proxy is effective only for the specific meeting for
1146     which originally given and any lawfully adjourned meetings
1147     thereof. In no event shall any proxy be valid for a period
1148     longer than 90 days after the date of the first meeting for
1149     which it was given. Every proxy shall be revocable at any time
1150     at the pleasure of the member executing it.
1151          4.    A member of the board of directors or a committee may
1152     submit in writing his or her agreement or disagreement with any
1153     action taken at a meeting that the member did not attend. This
1154     agreement or disagreement may not be used as a vote for or
1155     against the action taken and may not be used for the purposes of
1156     creating a quorum.
1157          (c)    Board of directors' and committee meetings.-
1158          1.    Meetings of the board of directors and meetings of its
1159     committees at which a quorum is present shall be open to all
1160     members. Notwithstanding any other provision of law, the
1161     requirement that board meetings and committee meetings be open
1162     to the members does not apply to meetings between the park owner
1163     and the board of directors or any of the board's committees,
1164     board or committee meetings held for the purpose of discussing
1165     personnel matters~ or meetings between the board or a committee
1166     and the association's attorney, with respect to potential or
       386787 - hl339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                     Page 47 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1167     pending litigation, when where the meeting is held for the
1168     purpose of seeking or rendering legal advice, and when where the
1169     contents of the discussion would otherwise be governed by the
1170     attorney-client privilege. Notice of all meetings open to
1171     members shall be posted in a conspicuous place upon the park
1172     property at least 48 hours in advance, except in an emergency.
1173     Notice of any meeting in which dues assessments against members
1174     are to be considered for any reason shall specifically contain a
1175     statement that dues assessments will be considered and the
1176     nature of such dues assessments.
1177          2.   A board or committee member's participation in a
1178     meeting via telephone, real-time videoconferencing, or similar
1179     real-time telephonic, electronic, or video communication counts
1180     toward a quorum, and such member may vote as if physically
1181     present. A speaker shall be used so that the conversation of
1182     those board or committee members attending by telephone may be
1183     heard by the board or committee members attending in person, as
1184     well as by members present at a meeting.
1185          3.   Members of the board of directors may use e-mail as a
1186     means of communication but may not cast a vote on an association
1187     matter via e-mail.
1188          4.   The right to attend meetings of the board of directors
1189     and its committees includes the right to speak at such meetings
1190     with reference to all designated agenda items. The association
1191     may adopt reasonable written rules governing the frequency,
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 48 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1192     duration, and manner of members' statements. Any item not
1193     included on the notice may be taken up on an emergency basis by
1194     at least a majority plus one of the members of the board. Such
1195     emergency action shall be noticed and ratified at the next
1196     regular meeting of the board. Any member may tape record or
1197     videotape meetings of the board of directors and its committees,
1198     except meetings between the board of directors or its appointed
1199     homeowners' committee and the park owner. The division shall
1200     adopt reasonable rules governing the tape recording and
1201     videotaping of the meeting.
1202          5.   Except as provided in paragraph (i), a vacancy
1203     occurring on the board of directors may be filled by the
1204     affirmative vote of the majority of the remaining directors,
1205     even though the remaining directors constitute less than a
1206     quorum; by the sole remaining director; if the vacancy is not so
1207     filled or if no director remains, by the members; or, on the
1208     application of any person, by the circuit court of the county in
1209     which the registered office of the corporation is located.
1210          6.   The term of a director elected or appointed to fill a
1211     vacancy expires at the next annual meeting at which directors
1212     are elected. A directorship to be filled by reason of an
1213     increase in the number of directors may be filled by the board
1214     of directors, but only for the term of office continuing until
1215     the next election of directors by the members.
1216          7.   A vacancy that will occur at a specific later date, by
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 49 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1217     reason of a resignation effective at a later date, may be filled
1218     before the vacancy occurs. However, the new director may not
1219     take office until the vacancy occurs.
1220          8.a.     The officers and directors of the association have a
1221     fiduciary relationship to the members.
1222          b.     A director and committee member shall discharge his or
1223     her duties in good faith, with the care an ordinarily prudent
1224     person in a like position would exercise under similar
1225     circumstances, and in a manner he or she reasonably believes to
1226     be in the best interests of the corporation.
1227          9.     In discharging his or her duties, a director may rely
1228     on information, opinions, reports, or statements, including
1229     financial statements and other financial data, if prepared or
1230     presented by:
1231          a.     One or more officers or employees of the corporation
1232     who the director reasonably believes to be reliable and
1233     competent in the matters presented;
1234          b.     Legal counsel, public accountants, or other persons as
1235     to matters the director reasonably believes are within the
1236     persons' professional or expert competence; or
1237          c.     A committee of the board of directors of which he or
1238     she is not a member if the director reasonably believes the
1239     committee merits confidence.
1240          10.     A director is not acting in good faith if he or she
1241     has knowledge concerning the matter in question that makes
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                      Page 50 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1242     reliance otherwise permitted by subparagraph 9. unwarranted.
1243          11.   A director is not liable for any action taken as a
1244     director, or any failure to take any action, if he or she
1245     performed the duties of his or her office in compliance with
1246     this section.
1247          (d)   Member meetings.-Members shall meet at least once each
1248     calendar year, and the meeting shall be the annual meeting. All
1249     members of the board of directors shall be elected at the annual
1250     meeting unless the bylaws provide for staggered election terms
1251     or for their election at another meeting. The bylaws shall not
1252     restrict any member desiring to be a candidate for board
1253     membership from being nominated from the floor. All nominations
1254     from the floor must be made at a duly noticed meeting of the
1255     members held at least 27 3-& days before the annual meeting. The
1256     bylaws shall provide the method for calling the meetings of the
1257     members, including annual meetings. The method shall provide at
1258     least 14 days' written notice to each member in advance of the
1259     meeting and require the posting in a conspicuous place on the
1260     park property of a notice of the meeting at least 14 days prior
1261     to the meeting. The right to receive written notice of
1262     membership meetings may be waived in writing by a member. Unless
1263     waived, the notice of the annual meeting shall be mailed, hand
1264     delivered, or electronically transmitted to each member, and
1265     shall constitute notice. Unless otherwise stated in the bylaws,
1266     an officer of the association shall provide an affidavit

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 51 of 71
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1267     affirming that the notices were mailed~ e-r hand delivered~
1268     provided by electronic transmission in accordance with tl=re
1269     provisions of this section to each member at the address last
1270     furnished to the corporation. These meeting requirements do not
1271     prevent members from waiving notice of meetings or from acting
1272     by written agreement without meetings, if allowed by the bylaws.
1273          (e)       Minutes of meetings.-
1274          1.        Notwithstanding any other provision of law, the minutes
1275     of board or committee meetings that are closed to members are
1276     privileged and confidential and are not available for inspection
1277     or photocopying.
1278          2.    Minutes of all meetings of members of an association
1279     and meetings open to members ofT the board of directorsT and a
1280     committee of the board must be maintained in written form and
1281     approved by the members, board, or committee, as applicable. A
1282     vote or abstention from voting on each matter voted upon for
1283     each director present at a board meeting must be recorded in the
1284     minutes.
1285          3.-&-;-    All approved minutes of open meetings of members,
1286     committees, and the board of directors shall be kept in a
1287     businesslike manner and shall be available for inspection by
1288     members, or their authorized representatives, and board members
1289     at reasonable times. The association shall retain these minutes
1290     within this state for a period of at least~+ years.
1291          (i)        Recall of board members.-Any member of the board of
       386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                         Page 52 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1292     directors may be recalled and removed from office with or
1293     without cause by the vote of or agreement in writing by a
1294     majority of all members. A special meeting of the members to
1295     recall a member or members of the board of directors may be
1296     called by 10 percent of the members giving notice of the meeting
1297     as required for a meeting of members, and the notice shall state
1298     the purpose of the meeting. Electronic transmission may not be
1299     used as a method of giving notice of a meeting called in whole
1300     or in part for this purpose.
1301          1.   If the recall is approved by a majority of all members
1302     by a vote at a meeting, the recall is effective as provided in
1303     this paragraph. The board shall duly notice and hold a board
1304     meeting within 5 full business days after the adjournment of the
1305     member meeting to recall one or more board members. At the
1306     meeting, the board shall either certify the recall, in which
1307     case such member or members shall be recalled effective
1308     immediately and shall turn over to the board within 5 full
1309     business days any and all records and property of the
1310     association in their possession, or shall proceed under
1311     subparagraph 3.
1312          2.   If the proposed recall is by an agreement in writing by
1313     a majority of all members, the agreement in writing or a copy
1314     thereof shall be served on the association by certified mail or
1315     by personal service in the manner authorized by chapter 48 and
1316     the Florida Rules of Civil Procedure. The board of directors
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 53 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1317     shall duly notice and hold a meeting of the board within 5 full
1318     business days after receipt of the agreement in writing. At the
1319     meeting, the board shall either certify the written agreement to
1320     recall members of the board, in which case such members shall be
1321     recalled effective immediately and shall turn over to the board,
1322     within 5 full business days, any and all records and property of
1323     the association in their possession, or shall proceed as
1324     described in subparagraph 3.
1325          3.   If the board determines not to certify the written
1326     agreement to recall members of the board, or does not certify
1327     the recall by a vote at a meeting, the board shall, within 5
1328     full business days after the board meeting, file with the
1329     division a petition for binding arbitration pursuant to the
1330     procedures of s. 723.1255. For purposes of this paragraph, the
1331     members who voted at the meeting or who executed the agreement
1332     in writing shall constitute one party under the petition for
1333     arbitration. If the arbitrator certifies the recall of a member
1334     of the board, the recall shall be effective upon mailing of the
1335     final order of arbitration to the association. If the
1336     association fails to comply with the order of the arbitrator,
1337     the division may take action under s. 723.006. A member so
1338     recalled shall deliver to the board any and all records and
1339     property of the association in the member's possession within 5
1340     full business days after the effective date of the recall.
1341          4.   If the board fails to duly notice and hold a board

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 54 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1342     meeting within 5 full business days after service of an
1343     agreement in writing or within 5 full business days after the
1344     adjournment of the members' recall meeting, the recall shall be
1345     deemed effective and the board members so recalled shall
1346     immediately turn over to the board all records and property of
1347     the association.
1348          5.   If the board fails to duly notice and hold the required
1349     meeting or fails to file the required petition, the member's
1350     representative may file a petition pursuant to s. 723.1255
1351     challenging the board's failure to act. The petition must be
1352     filed within 60 days after expiration of the applicable 5-full-
1353     business-day period. The review of a petition under this
1354     subparagraph is limited to the sufficiency of service on the
1355     board and the facial validity of the written agreement or
1356     ballots filed.
1357          6.   If a vacancy occurs on the board as a result of a
1358     recall and less than a majority of the board members are
1359     removed, the vacancy may be filled by the affirmative vote of a
1360     majority of the remaining directors, notwithstanding any other
1361     provision of this chapter. If vacancies occur on the board as a
1362     result of a recall and a majority or more of the board members
1363     are removed, the vacancies shall be filled in accordance with
1364     procedural rules to be adopted by the division, which rules need
1365     not be consistent with this chapter. The rules must provide
1366     procedures governing the conduct of the recall election as well
       386787 - hl339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 55 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1367     as the operation of the association during the period after a
1368     recall but before the recall election.
1369          7.     A board member who has been recalled may file a
1370     petition pursuant to s. 723.1255 challenging the validity of the
1371     recall. The petition must be filed within 60 days after the
1372     recall is deemed certified. The association and the member's
1373     representative shall be named as the respondents.
1374          8.     The division may not accept for filing a recall
1375     petition, whether or not filed pursuant to this subsection, and
1376     regardless of whether the recall was certified, when there are
1377     60 or fewer days until the scheduled reelection of the board
1378     member sought to be recalled or when 60 or fewer days have not
1379     elapsed since the election of the board member sought to be
1380     recalled.
1381          Section 30.     Paragraphs (d) and (f) through (i) of
1382     subsection (4) and subsection (5) of section 723.079, Florida
1383     Statutes, are amended to read:
1384          723.079     Powers and duties of homeowners' association.-
1385          (4)     The association shall maintain the following items,
1386     when applicable, which constitute the official records of the
1387     association:
1388          (d)     The approved minutes of all meetings of the members of
1389     an association and meetings open for members of, the board of
1390     directors, and committees of the board, which minutes must be
1391     retained within this 'HT€- state for at least 5 ~ years.
       386787 - h1339-strike.docx
       Published On: 2/26/2020 8:27:44 PM
                                      Page 56 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1392          (f)    All of the association's insurance policies or copies
1393     thereof, which must be retained within this state for at least 5
1394     + years after the expiration date of the policy.
1395          (g)    A copy of all contracts or agreements to which the
1396     association is a party, including, without limitation, any
1397     written agreements with the park owner, lease, or other
1398     agreements or contracts under which the association or its
1399     members has any obligation or responsibility, which must be
1400     retained within this state for at least~+ years after the
1401     expiration date of the contract or agreement.
1402          (h)    The financial and accounting records of the
1403     association,   kept according to good accounting practices. All
1404     financial and accounting records must be maintained within this
1405     state for a period of at least 5 + years. The financial and
1406     accounting records must include:
1407          1.    Accurate, itemized, and detailed records of all
1408     receipts and expenditures.
1409          2.    A current account and a periodic statement of the
1410     account for each member, designating the name and current
1411     address of each member who is obligated to pay dues or
1412     assessments, the due date and amount of each assessment or other
1413     charge against the member, the date and amount of each payment
1414     on the account, and the balance due.
1415          3.    All tax returns, financial statements, and financial
1416     reports of the association.
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                      Page 57 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1417          4.    Any other records that identify, measure, record, or
1418     communicate financial information.
1419          (i)   All other written records of the association not
1420     specifically included in the foregoing which are related to the
1421     operation of the association must be retained within this state
1422     for at least 5 years or at least 5 years after the expiration
1423     date, as applicable.
1424          (5)    The official records shall be maintained within the
1425     state for at least 7 years and shall be made available to a
1426     member for inspection or photocopying within 20 ±G- business days
1427     after receipt by the board or its designee of a written request
1428     submitted by certified mail, return receipt requested. The
1429     requirements of this subsection are satisfied by having a copy
1430     of the official records available for inspection or copying in
1431     the park or, at the option of the association, by making the
1432     records available to a member electronically via the Internet or
1433     by allowing the records to be viewed in electronic format on a
1434     computer screen and printed upon request. If the association has
1435     a photocopy machine available where the records are maintained,
1436     it must provide a member with copies on request during the
1437     inspection if the entire request is no more than 25 pages. An
1438     association shall allow a member or his or her authorized
1439     representative to use a portable device, including a smartphone,
1440     tablet, portable scanner, or any other technology capable of
1441     scanning or taking photographs, to make an electronic copy of
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                     Page 58 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339       (2020)
         Amendment No. 1



1442     the official records in lieu of the association's providing the
1443     member or his or her authorized representative with a copy of
1444     such records. The association may not charge a fee to a member
1445     or his or her authorized representative for the use of a
1446     portable device.
1447          (a)   The failure of an association to provide access to the
1448     records within 20 ±G- business days after receipt of a written
1449     request submitted by certified mail, return receipt requested,
1450     creates a rebuttable presumption that the association willfully
1451     failed to comply with this subsection.
1452          (b)   A member who is denied access to official records is
1453     entitled to the actual damages or minimum damages for the
1454     association's willful failure to comply with this subsection in
1455     the amount of. The minimum damages are to be $10 per calendar
1456     day up to 10 days, not to exceed $100. The calculation for
1457     damages begins to begin on the 21st -l-±-t-fi business day after
1458     receipt of the written request, submitted by certified mail,
1459     return receipt requested.
1460          (c)   A dispute between a member and an association
1461     regarding inspecting or photocopying official records must be
1462     submitted to mandatory binding arbitration with the division,
1463     and the arbitration must be conducted pursuant to s. 723.1255
1464     and procedural rules adopted by the division.
1465          (d)   The association may adopt reasonable written rules
1466     governing the frequency, time, location, notice, records to be

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                     Page 59 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1467     inspected, and manner of inspections, but may not require a
1468     member to demonstrate a proper purpose for the inspection, state
1469     a reason for the inspection, or limit a member's right to
1470     inspect records to less than 1 business day per month. The
1471     association may impose fees to cover the costs of providing
1472     copies of the official records, including the costs of copying
1473     and for personnel to retrieve and copy the records if the time
1474     spent retrieving and copying the records exceeds 30 minutes and
1475     if the personnel costs do not exceed $20 per hour. Personnel
1476     costs may not be charged for records requests that result in the
1477     copying of 25 or fewer pages. The association may charge up to
1478     25 cents per page for copies made on the association's
1479     photocopier. If the association does not have a photocopy
1480     machine available where the records are kept, or if the records
1481     requested to be copied exceed 25 pages in length, the
1482     association may have copies made by an outside duplicating
1483     service and may charge the actual cost of copying, as supported
1484     by the vendor invoice. The association shall maintain an
1485     adequate number of copies of the recorded governing documents,
1486     to ensure their availability to members and prospective members.
1487     Notwithstanding this paragraph, the following records are not
1488     accessible to members or home owners:
1489          1.   A record protected by the lawyer-client privilege as
1490     described ins. 90.502 and a record protected by the work-
1491     product privilege, including, but not limited to, a record
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 60 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1492     prepared by an association attorney or prepared at the
1493     attorney's express direction which reflects a mental impression,
1494     conclusion, litigation strategy, or legal theory of the attorney
1495     or the association and which was prepared exclusively for civil
1496     or criminal litigation, for adversarial administrative
1497     proceedings, or in anticipation of such litigation or
1498     proceedings until the conclusion of the litigation or
1499     proceedings.
1500          2.   E-mail addresses, telephone numbers, facsimile numbers,
1501     emergency contact information, any addresses for a home owner
1502     other than as provided for association notice requirements, and
1503     other personal identifying information of any person, excluding
1504     the person's name, lot designation, mailing address, and
1505     property address. Notwithstanding the restrictions in this
1506     subparagraph, an association may print and distribute to home
1507     owners a directory containing the name, park address, and
1508     telephone number of each home owner. However, a home owner may
1509     exclude his or her telephone number from the directory by so
1510     requesting in writing to the association. The association is not
1511     liable for the disclosure of information that is protected under
1512     this subparagraph if the information is included in an official
1513     record of the association and is voluntarily provided by a home
1514     owner and not requested by the association.
1515          3.   An electronic security measure that is used by the
1516     association to safeguard data, including passwords.

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 61 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1517          4.    The software and operating system used by the
1518     association which allows the manipulation of data, even if the
1519     home owner owns a copy of the same software used by the
1520     association. The data is part of the official records of the
1521     association.
1522          Section 31.     Section 723.1255, Florida Statutes, is amended
1523     to read:
1524          723.1255     Alternative resolution of recall, election, and
1525     inspection and photocopying of official records disputes.-
1526          (1)   A dispute between a mobile home owner and a
1527     homeowners' association regarding the election and recall of
1528     officers or directors under s. 723.078(2) (b) or regarding the
1529     inspection and photocopying of official records under s.
1530     723.079(5) must be submitted to mandatory binding arbitration
1531     with the division. The arbitration shall be conducted in
1532     accordance with this section and the procedural rules adopted by
1533     the division.
1534          (2)    Each party shall be responsible for paying its own
1535     attorney fees, expert and investigator fees, and associated
1536     costs. The cost of the arbitrators shall be divided equally
1537     between the parties regardless of the outcome.
1538          (3)    The division shall adopt procedural rules to govern
1539     mandatory binding arbitration proceedings The Division of
1540     Florida Condominiums, Timeshares, and Hobile Homes of the
1541     Department of Business and Professional Regulation shall adopt
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                      Page 62 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1542     rules of procedure to govern binding recall arbitration
1543     proceedings.
1544          Section 32.    For the purpose of incorporating the amendment
1545     made by this act to section 420.5087, Florida Statutes, in a
1546     reference thereto, paragraph (i) of subsection (22) of section
1547     420.507, Florida Statutes, is reenacted to read:
1548          420.507    Powers of the corporation.-The corporation shall
1549     have all the powers necessary or convenient to carry out and
1550     effectuate the purposes and provisions of this part, including
1551     the following powers which are in addition to all other powers
1552     granted by other provisions of this part:
1553          (22)    To develop and administer the State Apartment
1554     Incentive Loan Program. In developing and administering that
1555     program, the corporation may:
1556          (i)    Establish, by rule, the procedure for competitively
1557     evaluating and selecting all applications for funding based on
1558     the criteria set forth ins. 420.5087(6) (c), determining actual
1559     loan amounts, making and servicing loans, and exercising the
1560     powers authorized in this subsection.
1561          Section 33.    For the purpose of incorporating the amendment
1562     made by this act to section 420.5095, Florida Statutes, in a
1563     reference thereto, subsection (2) of section 193.018, Florida
1564     Statutes, is reenacted to read:
1565          193.018    Land owned by a community land trust used to
1566     provide affordable housing; assessment; structural improvements,

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                     Page 63 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1567     condominium parcels, and cooperative parcels.-
1568          (2)   A community land trust may convey structural
1569     improvements, condominium parcels, or cooperative parcels, that
1570     are located on specific parcels of land that are identified by a
1571     legal description contained in and subject to a ground lease
1572     having a term of at least 99 years, for the purpose of providing
1573     affordable housing to natural persons or families who meet the
1574     extremely-low-income, very-low-income, low-income, or moderate-
1575     income limits specified ins. 420.0004, or the income limits for
1576     workforce housing, as defined ins. 420.5095(3). A community
1577     land trust shall retain a preemptive option to purchase any
1578     structural improvements, condominium parcels, or cooperative
1579     parcels on the land at a price determined by a formula specified
1580     in the ground lease which is designed to ensure that the
1581     structural improvements, condominium parcels, or cooperative
1582     parcels remain affordable.
1583          Section 34.   This act shall take effect July 1, 2020.
1584
1585
1586
1587                        TITLE        AMENDMENT
1588          Remove everything before the enacting clause and insert:
1589          An act relating to community development and housing;
1590          amending s. 125.01055, F.S.; authorizing a board of
1591          county commissioners to approve development of
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                      Page 64 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1592          affordable housing on any parcel zoned for
1593          residential, commercial, or industrial use; amending
1594          s. 163.01, F.S.; amending the Florida Interlocal
1595          Cooperation Act; amending s. 163.31771, F.S.; revising
1596          legislative findings; requiring local governments to
1597          adopt ordinances that allow accessory dwelling units
1598          in any area zoned for single-family residential use;
1599          providing an exception; amending s. 163.31801, F.S.;
1600          requiring counties, municipalities, and special
1601          districts to include certain data relating to impact
1602          fees in their annual financial reports; amending s.
1603          166.04151, F.S.; authorizing governing bodies of
1604          municipalities to approve the development of
1605          affordable housing on any parcel zoned for
1606          residential, commercial, or industrial use; amending
1607          s. 320.77, F.S.; revising a certification requirement
1608          for mobile home dealer applicants relating to the
1609          applicant's business location; amending s. 320.771,
1610          F.S.; exempting certain recreational vehicle dealer
1611          applicants from a garage liability insurance
1612          requirement; amending s. 320.822, F.S.; revising the
1613          definition of the term "code''; amending s. 320.8232,
1614          F.S.; revising applicable standards for the repair and
1615          remodeling of mobile and manufactured homes; amending
1616          s. 367.022, F.S.; exempting certain mobile home park

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 65 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1617          owners and mobile home subdivision owners from
1618          regulation by the Florida Public Service Commission
1619          relating to water and wastewater service; amending s.
1620          420.5087, F.S.; revising the criteria used by a review
1621          committee when evaluating and selecting specified
1622          applications for state apartment incentive loans;
1623          amending s. 420.5095, F.S.; renaming the Community
1624          Workforce Housing Innovation Pilot Program as the
1625          Community Workforce Housing Loan Program; requiring
1626          the program to provide workforce housing; revising the
1627          definition of the term "workforce housing''; deleting
1628          the definition of the term "public-private
1629          partnership"; authorizing the Florida Housing Finance
1630          Corporation to provide loans under the program to
1631          applicants for construction of workforce housing;
1632          requiring the corporation to establish a certain loan
1633          application process; deleting provisions requiring the
1634          corporation to provide incentives for local
1635          governments to use certain funds; requiring projects
1636          to receive priority consideration for funding under
1637          certain circumstances; deleting a provision providing
1638          for the expedition of local government comprehensive
1639          plan amendments to implement a program project;
1640          requiring that the corporation award loans at a
1641          specified interest rate and for a limited term;

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 66 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1642          conforming provisions to changes made by the act;
1643          amending s. 420.531, F.S.; specifying that technical
1644          support provided to local governments and community-
1645          based organizations includes implementation of the
1646          State Apartment Incentive Loan Program; requiring the
1647          entity providing training and technical assistance to
1648          convene and administer biannual regional workshops;
1649          requiring such entity to annually compile and submit
1650          certain information to the Legislature and the
1651          corporation by a specified date; amending s. 420.9073,
1652          F.S.; authorizing the corporation to withhold a
1653          certain portion of funds distributed from the Local
1654          Government Housing Trust Fund to be used for certain
1655          transitional housing; prohibiting such funds from
1656          being used for specified purposes; requiring the
1657          corporation to consult with the Department of Children
1658          and Families to create minimum criteria for such
1659          housing; providing for the distribution of withheld
1660          funds; amending s. 420.9071, F.S.; revising a
1661          definition; amending s. 420.9075, F.S.; requiring an
1662          optimization plan to be included in local housing
1663          assistance plan criteria; revising requirements for
1664          reports submitted by counties and certain
1665          municipalities to the corporation; amending s.
1666          420.9076, F.S.; revising the membership of local

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 67 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1667          affordable housing advisory committees beginning on a
1668          specified date; requiring the committees to perform
1669          specified duties annually instead of triennially;
1670          requiring locally elected officials serving on
1671          advisory committees, or their designees, to attend
1672          biannual regional workshops; providing a penalty;
1673          amending s. 553.791, F.S.; amending alternative plans
1674          and inspections; amending s. 723.011, F.S.; providing
1675          construction relating to rental agreements and
1676          tenancies; providing that a mobile home owner may be
1677          required to install permanent improvements as
1678          disclosed in the mobile home park prospectus; amending
1679          s. 723.012, F.S.; authorizing mobile home park owners
1680          to make certain prospectus amendments; providing
1681          requirements for the amendment; prohibiting certain
1682          costs and expenses from being passed on to existing
1683          mobile home owners; amending s. 723.023, F.S.;
1684          revising general obligations for mobile home owners;
1685          amending s. 723.031, F.S.; specifying a requirement
1686          for disclosing and agreeing to a mobile home lot
1687          rental increase; revising construction relating to a
1688          park owner's disclosure of certain taxes and
1689          assessments; amending s. 723.037, F.S.; authorizing
1690          mobile home park owners to give notice of lot rental
1691          increases for multiple anniversary dates in one

       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 68 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339     (2020)
         Amendment No. 1



1692          notice; providing construction; revising a requirement
1693          for a lot rental negotiation committee; amending s.
1694          723.041, F.S.; providing that a mobile home park
1695          damaged or destroyed due to natural forces may be
1696          rebuilt with the same density as previously approved,
1697          permitted, and built; providing construction; amending
1698          s. 723.042, F.S.; conforming a provision to changes
1699          made by the act; amending s. 723.059, F.S.;
1700          authorizing certain mobile home purchasers to assume
1701          the remainder of a seller's prospectus; authorizing a
1702          mobile home park owner to offer a purchaser any
1703          approved prospectus; amending s. 723.061, F.S.;
1704          specifying entities that must be provided with a     copy
1705          of an eviction notice when received by a mobile home
1706          owner; specifying the waiver and nonwaiver of certain
1707          rights of a mobile home park owner under certain
1708          circumstances; requiring the accounting at final
1709          hearing of rents received; amending s. 723.076, F.S.;
1710          revising procedures related to the election or
1711          appointment of new officers in a homeowner's
1712          association; amending s. 723.078, F.S.; revising
1713          requirements for board elections and ballots;
1714          requiring an impartial committee to be responsible for
1715          overseeing the election process and complying with
1716          ballot requirements; defining the term "impartial
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 69 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1717          committee"; requiring that association bylaws provide
1718          a method for determining the winner of an election
1719          under certain circumstances; requiring the Division of
1720          Florida Condominiums, Timeshares, and Mobile Homes to
1721          adopt procedural rules; revising the types of meetings
1722          that are not required to be open to members; providing
1723          an exception to a provision requiring an officer of an
1724          association to provide an affidavit affirming certain
1725          information; authorizing meeting notices to be
1726          provided by electronic means; providing that the
1727          minutes of certain board and committee meetings are
1728          privileged and confidential; conforming provisions to
1729          changes made by the act; amending s. 723.079, F.S.;
1730          revising homeowners' association recordkeeping
1731          requirements; revising the timeframes for which
1732          certain records are required to be retained and be
1733          made available for inspection or photocopying; capping
1734          the amount of damages for which an association is
1735          liable when a member is denied access to official
1736          records; requiring that certain disputes be submitted
1737          to mandatory binding arbitration with the division;
1738          amending s. 723.1255, F.S.; requiring that certain
1739          disputes be submitted to mandatory binding arbitration
1740          with the division; providing requirements for such
1741          arbitration and fees and costs; requiring the division
       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 70 of 71
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 1339   (2020)
         Amendment No. 1



1742          to adopt rules; reenacting s. 420.507(22) (i), F.S.,
1743          relating to powers of the Florida Housing Finance
1744          Corporation, to incorporate the amendment made to s.
1745          420.5087, F.S., in a reference thereto; reenacting s.
1746          193.018(2), F.S., relating to land owned by a
1747          community land trust used to provide affordable
1748          housing, to incorporate the amendment made to s.
1749          420.5095, F.S., in a reference thereto; providing an
1750          effective date




       386787 - h1339-strike.docx
        Published On: 2/26/2020 8:27:44 PM
                                    Page 71 of 71
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 7041       PCB CJS 20-01    Litigation Financing Consumer Protection
SPONSOR($}: Civil Justice Subcommittee, Leek
TIED BILLS:        IDEN./SIM. BILLS: SB 1828

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Civil Justice Subcommittee                          15 Y, 0 N                Mawn                  Luczynski

  1) Appropriations Committee                                     20 Y, 2 N                 Jones                 Pridgeon

  2) Commerce Committee                                                                     Hinshelwo


                                                         SUMMARY ANALYSIS
Consumer litigation financing is a non-recourse transaction in which a third party ("litigation financier'') provides
funds to a consumer in exchange for an assignment of the consumer's contingent right to receive an amount of
the potential proceeds of a civil action or claim. Unlike a traditional loan, where a lender might look at a
consumer's credit score, income, and other indicators of the consumer's ability to pay, a litigation financier
looks at the strength of the consumer's action or claim, the consumer's likelihood of prevailing, and the
potential damages a consumer could obtain. A litigation financier also assesses the consumer's other debts,
such as attorneys' fees or liens, which might take priority over the litigation financier's repayment.

Funds are paid directly to consumers and are used primarily for living expenses while the consumer waits for
resolution of the civil action or claim that is the subject of the litigation financing contract ("subject claim").
Because the contract obligation can only be collected out of the subject claim's proceeds, if the consumer
recovers nothing in the subject claim, he or she owes the litigation financier nothing, and there are no monthly
payments required while the subject claim is pending. However, because interest and fees for a litigation
financing contract can be extremely high, and litigation financing contract terms may be unclearly stated or
require complicated calculations, some argue that consumers may end up owing much more than they might
have anticipated at the contract's initiation, driving up litigation costs as they reject reasonable settlement
offers on the chance of winning more in court. Some also argue that consumers may reject reasonable
settlement offers at the direction of a litigation financier that hopes to ensure full payment of the contract
obligation. Florida courts have held that litigation financing is not a loan subject to the state's existing consumer
finance laws and caps on interest rates; thus, the product is unregulated in the state.

HB 7041 creates the Litigation Financing Consumer Protection Act ("Act"). Specifically, the bill:
 • Requires a litigation financier to register with the Department of State and file a bond and allows
     revocation of a registration for non-compliance.
 • Requires all litigation financing contracts to be in writing, be completely filled in, and contain mandatory
     terms (such as a right of rescission) and disclosures.
 • Prohibits a litigation financier from engaging in specified conduct, including making settlement decisions.
 • Sets a maximum interest rate of 30 percent simple interest and specifies how long interest can accrue.
 • Caps fees and charges at $500 for any civil action or claim, regardless of the number of contracts a
     litigation financier enters into with the consumer with respect to that civil action or claim.
 • Specifies the priority of a litigation financier's lien on the potential proceeds of a civil action or claim.
 • Requires disclosure of litigation financing contracts to other parties in a civil action.
 • Protects the work-product and attorney-client privileges despite communication with a litigation financier.
 • Provides that a violation of the Act is a violation of the Florida Deceptive and Unfair Trade Practices Act.

The bill will have an indeterminate impact on state government. See Fiscal Analysis and Economic Impact
Statement. The bill does not appear to impact local governments.

The bill provides an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h7041b.COM.D0CX
DATE: 2/24/2020
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Litigation Financing

         Litigation financing is a non-recourse transaction 1 in which a third party ("litigation financier") provides
         funds to a person bringing a civil action or claim in exchange for an assignment of the person's
         contingent right to receive an amount of the civil action or claim's potential proceeds. 2 Litigation
         financing is available to both the commercial and consumer sectors. 3 In the commercial sector, the
         funds are provided to sophisticated litigants and used primarily for litigation costs in a commercial
         dispute. 4 However, in the consumer sector ("consumer litigation financing"}, the funds are paid directly
         to individuals and used primarily for living expenses while the consumer waits for resolution of the civil
         action or claim that is the subject of the litigation financing contract ("subject action or claim"). 5 Industry
         data suggests that more than half of such consumers have an annual family income of $50,000 or less
         and lack a college degree, while less than half are homeowners, suggesting that lower-income
         consumers with access to fewer resources are the primary market for litigation funding contracts. 6

         A consumer can apply for litigation financing any time before resolution of his or her civil action or
         claim. 7 Unlike a traditional loan, where a lender might look at a consumer's credit score, income, and
         other indicators of the consumer's ability to pay, a litigation financier looks at the strength of the
         consumer's civil action or claim, the consumer's likelihood of prevailing at trial or in settlement, and the
         potential damages a consumer could obtain. 8 A litigation financier also assesses the consumer's
         attorneys' fees and other debts, such as medical or child support liens, 9 which might take priority over
         the litigation financier's repayment. 10

                   Benefits and Criticisms

         Litigation financing proponents argue that the product provides a necessary funding source for
         consumers suffering an unexpected economic loss connected to a pending legal action or claim, giving
         consumers financial stability and helping them meet immediate personal needs, including rent, utilities,
         and groceries. 11 Proponents also point out that, because litigation financing is a non-recourse

1
   A non-recourse transaction is a financial transaction in which the borrower is not personally liable to the lender, so that the lender can
only pursue the collateral to collect what the borrower owes. In other words, the lender does not have a lien on and cannot seize the
borrower's assets to repay the debt. See United States Department of the Treasury, Internal Revenue Service, Recourse vs.
Nonrecourse Debt, https://apps.irs.gov/app/vita/contenU36/36 02 020.jsp (last visited Jan. 22, 2020).
2
   See Ronen Avraham and Anthony Sebok, An Empirical Investigation of Third Party Consumer Litigation Funding, 104 Cornell L. Rev.
1133 (2019), https://www.law.gwu.edu/sites/g/files/zaxdzs2351 /f/downloads/Empirical-lnvestiqation-Sebok.pdf (last visited Jan. 22,
2020).
3 Id.
4 Id.
5
   Paige Marta Skiba and Jean Xiao, Consumer Litigation Funding: Just Another Form of Payday Lending?, Law and Contemporary
Problems Vol. 80 No. 117 (Nov. 3, 2017), https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4840&context=lcp (last visited
Jan. 22, 2020).
6
   Eric Schuller, President, Alliance for Responsible Consumer Legal Funding, Consumer Legal Funding 101: Also Known
As .. .Everything You Wanted To Know About Consumer Legal Funding But Were Afraid to Ask, presented to the Florida House of
Representatives Civil Justice Subcommittee, Dec. 12, 2019,
https://www.myfloridahouse.govNideoPlayer.aspx?eventlD=2443575804 2019121124 (last visited Jan. 22, 2020).
7 See Skiba and Xiao, supra note 5.
8 Id.; see also Schuller, supra note 6.
9
   A lien is a claim against property evidencing a debt, obligation, or duty. A lien can be created by judgment, equity, agreement, or
statute. Fla. Jur. 2d Liens§ 37:1.
10 See Skiba and Xiao, supra note 5.
11
    The Alliance for Responsible Consumer Legal Funding (ARC), More than A Trade Association, http://arclegalfunding.org/ (last visited
Jan. 22, 2020).
STORAGE NAME: h7041 b.COM.DOCX                                                                                                       PAGE: 2
DATE: 2/24/2020
         transaction, if the consumer loses the subject action or claim, he or she owes nothing under a litigation
         financing contract, making litigation financing less risky than a traditional loan. 12 Additionally, because
         the contract obligation is paid only out of the proceeds of a subject action or claim, there are no monthly
         or upfront payments required before the subject action or claim resolves. 13

         However, litigation financing opponents point out that in order to estimate the total amount owed under
         a litigation financing contract, including interest14 and fees, a consumer must accurately predict the date
         of the subject action or claim's resolution and the amount of any settlement or judgment that will result
         in the consumer's favor. 15 Because contract terms may be unclearly stated or require complicated
         calculations, opponents argue that consumers may end up owing much more than they might have
         anticipated at the contract's initiation. 16 Additionally, the interest charged on a litigation financing
         contract, even if clearly stated, can be extremely high. 17 A consumer who realizes he or she may owe
         more than he or she may recover may drive up litigation costs by rejecting reasonable settlement offers
         for a chance to win a larger verdict in court. 18

         Further, uncertainty exists as to whether an attorney can discuss a litigation financing contract with a
         litigation financier without waiving the attorney-client 19 or work product20 privileges. Such privileges are
         typically waived or limited when protected information is shared with a third party, but attorney-financier
         communication may be necessary for a litigation financier to evaluate a consumer's claim. 21 The
         American Bar Association urges attorneys discussing a litigation financing contract with a litigation
         financier to safeguard against waiving privilege, warning that infringing a client's rights requires the
         client's informed consent after full, candid disclosure of all associated risks and benefits. 22

         To address these issues, the Alliance for Responsible Consumer Funding ("ARC"), a national coalition
         of litigation financiers, requires its members to provide certain consumer protections in their litigation
         financing contracts. 23 These protections include clearly-defined contract terms, which a consumer's
         attorney must review, and no hidden fees or complicated calculations. 24 However, ARC membership is
         not mandatory for litigation financiers, leaving each state the responsibility for regulating litigation
         financing within its borders. To that end, ARC advocates for state regulation creating litigation financing
         consumer protections while preserving a consumer's access to litigation financing. 25




12 See Schuller, supra note 6; see also ARC, What is Consumer Legal Funding?, http://arclegalfunding.org/consumer-legal-funding/

(last visited Jan. 22, 2020).
13
    See Schuller, supra note 6; see also ARC, What is Consumer Legal Funding?, http://arclegalfunding.org/consumer-legal-funding/
(last visited Jan. 22, 2020).
14
    Interest is the cost of borrowing money, expressed as a percentage of the borrowed amount. See Anya Martin, The Interest Rate v.
the Annual Percentage Rate, The Wall Street Journal, May 21, 2015, https://www.wsj.com/articles/the-interest-rate-vs-the-annual-
percentage-rate-1432215724 (last visited Jan. 22, 2020).
15 See Skiba and Xiao, supra note 5.
16 Id.
17 A plaintiff suing a litigation financing company for violating Florida's usury laws, alleging that his litigation financing contract charged

interest at a rate of 3.5 percent compounded monthly, which, if the subject civil action or claim did not quickly resolve, could result in an
effective 51 percent interest rate. See Taylorv. Certified Legal Funding, Inc., No. 8:18CV00027, (M.D. Fla. 2018).
18 See Skiba and Xiao, supra note 5.
19 Under the attorney-client privilege, communication between an attorney and his or her client is typically confidential if such persons

do not intend to disclose it to a third party. This protects the giving of information to an attorney so that the attorney can give sound and
informed legal advice. S. 9.502(1)(c), F.S.; Upjohn Co. v. United States, 101 S.Ct. 677 (1981).
20 Work product means "documents and other tangible things ... prepared in anticipation of litigation or for trial." Work product is almost

absolutely protected under Florida common law if it contains mental impressions, conclusions, opinions and legal theories about
litigation. Fla. R. Civ. P. 1.280(b)(3); State v. Rabin, 495 So. 2d 257(Fla. 3d DCA 1986).
21 See ARC, supra note 11.
22 American Bar Association, Commission on Ethics 20/20, Informational Report to the House of Delegates,

https://www.law.columbia.edu/sites/defaulUfiles/microsites/clwa/CIAA/keynote third party funding.pdf (last visited Jan. 22, 2020).
23 See Schuller, supra note 6; see also ARC, What is Consumer Legal Funding?, http://arclegalfunding.org/consumer-legal-funding/

(last visited Jan. 22, 2020).
24 See ARC, What is Consumer Legal Funding?, http://arclegalfunding.org/consumer-legal-funding/ (last visited Jan. 22, 2020).
25 Id.
STORAGE NAME: h7041 b.COM.DOCX                                                                                                         PAGE: 3
DATE: 2/24/2020
                  Litigation Financing - Florida

         Florida regulates consumer loans and financing, usury, 26 and interest. 27 However, Florida courts have
         specifically found that litigation financing is not a loan subject to existing law, leaving litigation financing
                                                                                                                                        '
         and associated interest charges unregulated in the state. 28 Given the lack of regulation, the Florida
         Bar29 generally "discourages the use of [litigation financing] companies," allowing an attorney to inform
         a client about litigation financing only if the attorney feels it is in the client's best interests. 30

                  Litigation Financing Regulation - Other States

         Since 2007, 11 states have passed legislation regulating litigation financing. Of these, most require a
         litigation financier to register with the state prior to engaging in litigation financing and cap the interest
         or fees chargeable on a litigation financing contract. Two states require litigation financing contract
         disclosure in civil actions or claims, and four protect privileged communications.

                    State                  Year         Registration       Interest      Fee     Disclosure        Privilege
                  (Statute)               Passed         Required           Caps        Caps      Required         Protected
           Arkansas (§ 4-57-109)           2015                                X
           Indiana t6 24-12)                2016              X                X          X                             X
           Maine (§ 9A-12)                  2007              X
           Nebraska                         2010              X                           X                             X
           (§§ 25-3301 to 3309)
           Nevada (§ 604C)                  2019              X                X          X
           Ohio (§ 1349.55)                 200a                                                                        X
           Oklahoma                         2013              X
           (§§ 14A-3-801 to 817)
           Tennessee(§ 47-16)               201.f .·.         X                X          X
           Vermont                          2016              X                                                         X
           (§74-2251 to 2260)
           West Virginia                    2019              X                X          X             X
           ($46A-6N)
           Wisconsin                        2018                                                        X
           (§801.01 (2)(bg))

         New York and South Carolina took a different approach, regulating litigation financing through
         administrative action. Specifically, New York's Attorney General requires litigation financing contracts to
         provide certain consumer protections, 31 while South Carolina's Department of Consumer Affairs
         declared the product a loan subject to the state's consumer protection code. 32 Courts in Colorado,
         Kentucky, and North Carolina have also deemed litigation financing a loan subject to state usury laws. 33
         Uniquely, Pennsylvania courts have invalidated litigation financing contracts under a common law


26 "Usury" means loaning money at an exorbitant or illegally high interest rate. States set their own maximum interest rates. Florida

declares interest higher than 18 percent per year for loans up to $500,000 and higher than 25 percent for loans over $500,000 usurious
unless otherwise allowed by law. Legal Information Institute, Usury, https://www.law.cornell.edu/wex/usury (last visited Jan. 22, 2020);
Ss. 687.02(1) and 687.071(2) and (3), F.S.
27
   See generally chs. 516 and 687, F.S.
28
   Fausone v. U.S. Claims, Inc., 915 So. 2d 626 (Fla. 2nd DCA 2005); see also Taylor, No. 8:18CV00027.
29 Article V, s. 15 of the Florida Constitution gives the Florida Supreme Court exclusive and ultimate regulatory authority over persons

admitted to practice law in Florida. The Court performs this function through the Florida Bar, an investigative and prosecutorial authority
charged with ensuring that all attorneys meet the minimum standards of conduct set out in the Rules Regulating the Florida Bar.
30
   00-3 Fla. Ethics Op. Fla. Bar (Mar. 15, 2002), https://www.floridabar.org/etopinions/etopinion-00-3/ (last visited Jan. 22, 2020).
31 See Julia H. McLaughlin, Litigation Funding: Charting a Legal and Ethical Course, 31 Vt. L. Rev. 615 (2007),

https://lawreview.vermontlaw.edu/wp-content/uploads/2012/02/mclaughlin.pdf (last visited Jan. 22, 2020).
32
   U.S. Chamber Institute for Legal Reform, Lawsuit Lending: South Carolina Calls it Like It Is,
https://www.instituteforlegalreform.com/resource/lawsuit-lending-south-carolina-calls-it-like-it-is (last visited Jan. 22, 2020).
33 Oasis Legal Fin. Grp., LLC v. Coffman, 361 P. 3d 400 (Co. S.Ct. 2015); Boling v. Prospect Funding Holdings, LLC, 2017 WL

1193064, (Yv.D. Ky. 2017); Odell v. Legal Bucks, LLC, 192 N.C.App. 298 (N.C. Ct. of Appeals 2008).
STORAGE NAME: h7041b.COM.D0CX                                                                                                      PAGE: 4
DATE: 2/24/2020
         champerty doctrine, 34 and Alabama courts have held that litigation financing contracts are a form of
         gambling, or speculating, in litigation and thus void as against public policy. 35

         Effect of Proposed Changes

         The bill creates the Litigation Financing Consumer Protection Act, regulating litigation financing to
         protect Florida consumers.

         The bill defines litigation financing as a non-recourse transaction in which a litigation financier gives a
         consumer funds in exchange for an assignment of the consumer's contingent right to receive an
         amount of a civil action or claim's potential proceeds. 36 This term specifically excludes, and thus the bill
         does not apply to:
            • Legal services provided by an attorney on a contingency fee 37 basis;
            • A commercial tort claim; 38
            • A Workers' Compensation claim; 39
            • Lending or financial arrangements between an attorney or law firm and a lending institution to
                 fund litigation costs in the ordinary course of business; and
            • A consumer finance loan. 40

         Florida regulates these excluded products, practices, and claims under other existing laws and rules.

         Registration and Revocation

         The bill requires a litigation financier to register as a litigation financier with the Department of State
         ("Department") before offering litigation financing and to file with the Department a $250,000 bond:
             • Issued by a surety company authorized to do business in the state;
             • Payable to the Department for the payment of damages awarded to a consumer in an action
                  under the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"); and
             • Effective so long as the Department's records designate a litigation financier as such or a
                  litigation financing contract with the litigation financier is effective.

                   Corporate, Limited Liability Company, and Partnership Registration

         Florida law already requires a corporation, limited liability company ("LLC"), or partnership to register
         with the Department by filing an organizational document4 1 or certificate of authority application42 and
         meeting other requirements. The bill supplements existing registration requirements for such



34
   The champerty doctrine prohibits selling legal judgment or settlement proceeds before such judgement or settlement to a
disinterested party. See Paul Bond, Making Champerty Worlc An Invitation to State Action, 150 U. Penn. L. Rev. 1297 (2002),
https://scholarship.law.upenn.edu/cgi/viewcontent.cqi?article=3271&context=penn law review (last visited Jan. 22, 2020); WFIC, LLC
V. LaBarre, 2016 WL 4769436 (Pa. 1st J.D. 2016).
35 Wilson v. Harris, 688 So. 2d 265 (Ala. Civ. App. 1996).
36 The bill expressly provides that a consumer may assign his or her contingent right to receive an amount of the potential proceeds of a

civil action or claim.
37 In certain lawsuits, such as a personal injury lawsuit, an attorney may agree to accept a portion of the money a client recovers from

his or her civil action or claim as the fee for the attorney's service. Such agreements must be in writing and entered into at the outset of
the representation. See The Florida Bar, Consumer Pamphlet: Attorney's Fees,
https://www.floridabar.org/public/consumer/pamphlet003/ (last visited Jan. 22, 2020).
38 A "commercial tort claim" is a claim arising in tort with respect to which the claimant is an organization or the claimant is an individual

and the claim arose in the course of the claimant's business or profession and does not include damages arising out of personal injury
to or the death of an individual. S. 679.1021 (1 )(m), F .S.
39 A "workers' compensation claim" is a claim for disability and medical benefits made by an injured worker. Such benefits are paid at

the employer's expense. See Ch. 440, F.S.
40
   A "consumer finance loan" is a loan of money, credit, or goods in an mount or to a value of $25,000 or less for which the lender
charges, contracts for, collects, or receives interest at a rate greater than 18 percent per annum. S. 516.01 (2), F .S.
41
   Organizational documents include articles of organization or incorporation and a certificate of limited partnership.
42
   A certificate of authority allows a foreign corporation or limited liability company to do business in the state.
STORAGE NAME: h7041 b.COM.DOCX                                                                                                       PAGE: 5
DATE: 2/24/2020
       businesses wishing to engage in litigation financing by providing that a corporation, LLC, or partnership
       is registered as a litigation financier if it:
            • Meets the bond requirements;
            • Has a status of active and in good standing in Department records; and
            • Indicated in its organizational document, or certificate of authority application, that it is a
               litigation financier.

       A litigation financier that is a corporation, LLC, or partnership must amend its registration within 30 days
       after the information contained in the registration changes or becomes inaccurate by updating its
       organizational document or certificate of authority application in the manner already prescribed by the
       Department for updating such documents.

               Sole Proprietorship Registration

       Florida law does not require sole proprietorships to register with the Department, and thus the bill
       creates a unique registration process for sole proprietorships wishing to engage in litigation financing.
       Under the bill, a sole proprietorship is registered as a litigation financier in the state if it:
           • Meets the bond requirements; and
           • Files a litigation financier registration application with the Department containing:
                  o The applicant's full legal name and fictitious name, if any;
                  o The applicant's physical and mailing addresses and telephone number;
                  o A statement that the applicant is a litigation financier; and
                  o Any other information the Department requires.

       A litigation financier that is a sole proprietorship must amend its registration within 30 days after the
       information contained in the registration changes or becomes inaccurate by filing an amendment on a
       form prescribed by the Department.

              Registration Revocation

       The bill gives the Department the authority to revoke a litigation financier's registration for non-
       compliance with the registration, registration amendment, and bond requirements. Specifically, if the
       Department determines that a litigation financier violated any of these requirements, the Department
       must serve the litigation financier notice of its intent to revoke the litigation financier's registration. Such
       notice must specifically list all revocation grounds and may be sent by electronic mail if the litigation
       financier gave the Department an electronic mail address. A litigation financier has 60 days from the
       date the Department sends such notice to correct each revocation ground or to show there were no
       such violations. Otherwise, the Department must revoke the litigation financier's registration, after
       which the litigation financier may not continue to offer litigation financing in the state.

       Contract Terms and Disclosures

       The bill requires that all litigation financing contracts be in writing and completely filled in when offered
       or presented to a consumer. The bill also provides mandatory contract terms and disclosures designed
       to inform consumers of their financial obligations under the contract.

               Mandatory Terms

       The bill requires that a litigation financing contract contain a right of rescission allowing the consumer to
       cancel the contract without penalty if the consumer gives written rescission notice and returns any
       funds already provided under the contract to the litigation financier within five business days after
       contract execution or receipt of the funds. This prevents a litigation financier from assessing interest,
       fees, or charges to a consumer who timely and correctly cancels a litigation financing contract.


STORAGE NAME: h7041b.COM.D0CX                                                                                   PAGE: 6
DATE: 2/24/2020
         The bill also requires that a litigation financing contract include:
            • The consumer's written acknowledgement of whether he or she has an attorney; and
            • A statement indicating that, if the subject action or claim's proceeds are paid into a settlement
                 fund or trust, the litigation financier must notify the fund or trust administrator of any outstanding
                 financial obligations under the contract.

                   Mandatory Disclosures

         The bill requires that a litigation financing contract disclose that a litigation financier may not, and will
         not, make any decisions about the subject action or claim or try to influence its direction. Further, the
         PCB requires a litigation financing contract to contain specifically worded disclosures pertaining to a
         consumer's contract rescission rights and warning that a consumer should not sign the contract without
         completely reading it or if any part of the contract is incomplete or blank.

         The bill also requires a litigation financing contract to include notice that, if the net proceeds43 of the
         subject action or claim are insufficient to fully repay the litigation financier, the litigation financier will
         accept a reduced sum as full payment of what is owed under the contract, which sum cannot exceed
         the net proceeds less proceeds specifically awarded for medical expenses. If the consumer recovers
         nothing in the subject action claim, the consumer owes the litigation financier nothing.

         Additionally, the bill requires a litigation financing contract to specifically state:
            • The total funded amount;
            • An itemized list of all fees and charges;
            • The interest rate; and
            • The total amount the consumer owes in six-month intervals for three years.

         Prohibited Conduct

         The bill prohibits a litigation financier from engaging in conduct harmful to consumers. Specifically, the
         bill prohibits a litigation financier from:
              • Paying, offering to pay, or accepting a commission, referral fee or other consideration.
              • Advertising false or misleading information about its products or services.
              • Referring a consumer to a specific attorney or health care practitioner. 44
              • Failing to promptly give a consumer a copy of any complete litigation financing contract.
              • Trying to obtain a waiver of a consumer's remedy in the subject action or claim.
              • Trying to effect arbitration or waiver of a consumer's jury trial right in the subject action or claim.
              • Offering or giving a consumer legal advice about the litigation financing contract or the subject
                  action or claim.
              • Assigning a litigation financing contract in whole or in part.
              • Reporting to a consumer credit agency if there are not enough funds left from the net proceeds
                  of the subject action or claim to repay the litigation financier.
              • Directing, or making, any decisions about, the subject action or claim.
              • Entering into a litigation financing contract with a consumer incorporating the consumer's
                  obligations to the litigation financier under an existing contract.
              • Knowingly entering into a litigation financing contract with a consumer who already has a
                  contract with another litigation financier without first paying off the amount owed under that
                  contract, unless the consumer consents to multiple contracts in writing.




43
   "Net proceeds" means the portion of the proceeds of a civil action or claim remaining after satisfaction of all liens with a higher priority
than that of the litigation financier as specified in s. 501.1006(2), F .S.
44 "Health care practitioner'' has the same meaning as ins. 456.001(4), F.S.

STORAGE NAME: h7041b.COM.D0CX                                                                                                         PAGE: 7
DATE: 2/24/2020
         Interest. Fees, Charges, and Penalties

         The bill limits the amount and duration of interest, fees, charges, and penalties a litigation financier may
         assess a consumer, preventing exorbitant assessments and enabling a consumer to determine at the
         time of contract execution the maximum amount owed under the contract.

                  Interest

         The bill prohibits a litigation financier from assessing an interest45 rate greater than 30 percent of the
         funded amount46 and requires that, in determining this rate, the computations used are simple
         interest. 47 Interest can only accrue on the funded amount, not on any fees, charges, or interest
         assessed.

         The bill also specifies that interest only accrues until a court enters a final order or a settlement
         agreement is executed in the subject action or claim, whichever is earlier, but provides that in no case
         can interest accrue for more than three years from the date the consumer receives the funds. Further,
         the bill prohibits a litigation financier from assessing interest on a rescinded contract. This means that a
         consumer will not pay more than three years' worth of interest on the funded amount regardless of how
         long the subject action or claim's resolution takes, and will owe no interest if he or she properly rescinds
         the contract.

                  Fees, Charges, and Penalties

         The bill caps fees a litigation financier may charge at $500 with regard to any civil action or claim. This
         means that if a consumer enters into multiple litigation financing contracts with a litigation financier in
         exchange for assigning to the litigation financier his or her contingent right to proceeds from a single
         action or claim, the consumer will not owe more than $500 in charges and fees. Additionally, the bill
         prohibits a litigation financier from assessing any fee, charge, or penalty for contract rescission, so that
         a consumer properly rescinding the contract will owe nothing.

         Lien Priority

         A litigation financier's lien on the potential proceeds of a civil action or claim has priority over liens that
         attach to such proceeds subsequent to the attachment of the litigation financier's lien, except for:
              • Attorney, insurance carrier, or healthcare practitioner liens or liens based upon subrogation
                  interests or reimbursement rights related to the subject civil action or claim; and
              • Child support, Medicare, tax, or any other statutory or governmental lien.

         Privilege and Discovery

                  Privilege

         The bill specifies that communication between an attorney and a litigation financier about a litigation
         financing contract does not limit, waive, or abrogate any statutory or common-law privilege, including
         the attorney-client privilege and the work product doctrine. This means that an attorney may discuss a
         litigation financing contract with a litigation financier within the bounds of any applicable Florida Bar
         rules without waiving these privileges.



45
   "Interest" means the cost of obtaining litigation financing and includes any profit or advantage of any kind whatsoever that a litigation
financier may charge, contract for, collect, receive, or in any way obtain as a condition for a litigation financing contract. Charges and
fees specifically authorized by the Act are not interest.
46
   The "funded amount" means the funds actually received and retained by a consumer under a litigation financing contract.
47
   "Simple interest" is interest paid on the amount lent, at a certain rate, which does not become part of the base on which future interest
is calculated. Black's Law Dictionary 561 (6th ed. 1991).
STORAGE NAME: h7041b.COM.D0CX                                                                                                      PAGE: 8
DATE: 2/24/2020
                   Discovery

         The bill requires a party to a civil action or claim to provide the other parties any litigation financing
         contract relating to such action or claim without waiting for a discovery request, except as otherwise
         ordered by the court. This gives a defendant notice of a plaintiff's obligation to a litigation financier.

         Violations and Enforcement Under FDUTPA

         The bill specifies that a violation of the Act is actionable under FDUTPA. 48 Such violations occurring in
         or affecting a single judicial circuit are enforced by the office of the state attorney ("OSA") for the
         affected circuit, or the Department of Legal Affairs ("DLA") if the state attorney defers to DLA in writing
         or fails to act within 90 days after a written complaint is filed. 49 DLA also enforces violations occurring in
         or affecting more than one judicial circuit. 50

                   Enforcement Actions

         The FDUTPA enforcing authority has numerous enforcement remedies, which may be brought after the
         enforcement authority reviews the matter and determines that such an action serves the public
         interest. 51 These remedies include bringing an action:
               • For a declaratory judgment stating that an act or practice violates FDUTPA. 52
               • To enjoin a litigation financier violating FDUTPA. 53
              • On behalf of a consumer or governmental entity for the actual damages caused by an act or
                    practice violating FDUTPA. 54

         Any litigation financier who willfully 55 uses a deceptive or unfair trade act or practice faces a civil penalty
         of up to $10,000 per violation, and a civil penalty of up to $15,000 per violation if the victim was a senior
         citizen, 56 disabled person, 57 or military service member. 58 Further, the litigation financier could be
         ordered to pay the enforcing authority's attorneys' fees and costs if the enforcing authority prevails. 59

                   Cease and Desist Orders

         If DLA believes a litigation financier is violating FDUTPA, and that a cease and desist order ("order'')
         would serve the public interest, DLA must serve the litigation financier with a complaint and order
         stating its charges. 60 Such complaint must contain a notice setting a hearing for a date and time at least
         30 days after service, which hearing must comply with the Administrative Procedures Act. 61 An order,
         appealable to the circuit court of appeals, takes effect ten days after all administrative action concludes
         or, if appealed, when the appellate court enters a final order in favor of DLA. 62 A litigation financier
         violating such an order faces a civil penalty of up to $5,000 per violation. 63


48 FDUTPA is set forth in ch. 501, F.S., part II.
49 S. 501.203(2), F.S.
50 Id.
51
   S. 501.207(2), F.S.
52 S. 501.207(1)(a), F.S.
53 S. 501.207(1)(b), F.S.
54 S. 501.207(1)(c), F.S.
55 A willful violation occurs when a person knew or should have known his or her conduct was unfair or deceptive and prohibited. S.

501.2075, F.S.
56
   As used here, "senior citizen" means a person 60 years of age or older. S. 501.2077(1)(e), F.S.
57
   As used here, "disabled person" means a person who has a mental or educational impairment that substantially limits one or more
major life activities. S. 501.2077(1 )(d), F.S.
58
   Ss. 501.2075 and s. 501.2077(2) and (3), F.S.
59 S. 501.2105, F.S.
60
   S. 501.208(1), F.S.
61 Id.
62 S. 501.208(4), F.S.
63 S. 501.208(7), F.S.
STORAGE NAME: h7041 b.COM.DOCX                                                                                                 PAGE: 9
DATE: 2/24/2020
                     Declaratory Judgment Actions

           A consumer harmed by a litigation financier's FDUTPA violation may bring an action for a declaratory
           judgment that a litigation financier's act or practice violates FDUTPA and to enjoin the litigation financier
           from committing such an act or practice. 64 A consumer bringing a declaratory judgment action may
           recover his or her actual damages, plus attorneys' fees and costs, from the litigation financier, and
           damages may be paid from the bond held by the Department. 65


       B. SECTION DIRECTORY:
            Section 1: Provides that this Act may be cited as the Litigation Financing Consumer Protection Act.
            Section 2: Creates s. 501.1001, F.S., relating to definitions.
            Section 3: Creates s. 501.1002, F.S., relating to litigation financier registration; registration revocation.
            Section 4: Creates s. 501.1003, F.S., relating to litigation financing contracts; terms.
            Section 5: Creates s. 501.1004, F.S., relating to prohibited conduct.
            Section 6: Creates s. 501.1005, F.S., relating to required disclosures.
            Section 7: Creates s. 501.1006, F.S., relating to contingent right to proceeds assignable; priority of lien
                       or right to proceeds.
            Section 8: Creates s. 501.1007, F.S., relating to interest, fees, charges, and penalties.
            Section 9: Creates s. 501.1008, F.S., relating to litigation financing contracts; discovery.
            Section 10: Creates s. 501.1009, F.S., relating to effect of communication on privilege.
            Section 11: Creates s. 501.1010, F.S., relating to violation; enforcement.
            Section 12: Provides an effective date of July 1, 2020.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

       A FISCAL IMPACT ON STATE GOVERNMENT:

            1. Revenues:
                The state may collect a civil penalty from a litigation financier that has violated FDUTPA. A litigation
                financier who willfully uses a deceptive or unfair trade act or practice may face a civil penalty of up
                to $10,000 per violation, or $15,000 per violation if such victim was a senior citizen, disabled
                person, or military service member.

            2. Expenditures:
                The bill may have an indeterminate negative impact on the Department, as it requires the
                Department to process a new type of registration, revoke such registration for specified violations
                after notice and opportunity to cure, and to hold bonds. However, these costs could possibly be
                absorbed in the Department's operating budget as the Department currently serves a similar
                registration function for corporations, limited liability companies, and partnerships.

                Additionally, because the bill creates a FDUTPA violation, the bill may cause an indeterminate, but
                likely insignificant, workload increase on the DLA and the OSA for each judicial circuit, as both are
                currently charged with prosecuting such violations. However, these costs may be absorbed in such
                entities' respective operating budgets.

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

            1. Revenues:
                None.


64
     S. 501.211 (1), F.S.
65 S. 501.211 (2), F.S.
STORAGE NAME: h7041 b.COM.DOCX                                                                                   PAGE: 10
DATE: 2/24/2020
       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may positively impact a consumer entering a litigation financing contract by capping allowable
       interest, fees, and charges to the consumer, and providing greater transparency regarding the total
       amount due from the consumer when he or she enters the contract.

       The bill may negatively impact litigation financiers who will be subject to additional requirements and
       prohibitions under the bill, including state registration requirements and maximum allowable interest,
       fees, and charges to consumers. A litigation financier who willfully uses a deceptive or unfair trade act
       or practice may face a civil penalty of up to $10,000 per violation, or $15,000 per violation if the victim
       was a senior citizen, disabled person, or military service member.

   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:
       The bill gives the Department the authority to promulgate rules necessary to implement the bill's
       registration, bond, and revocation requirements.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                        IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 22, 2020, the Civil Justice Subcommittee adopted one amendment and reported the PCB
favorably as amended. The amendment changed the definition of "consumer'' from a "natural person" located
in the state to an "individual" without regard to location.

This analysis is drafted to the PCB as amended by the Civil Justice Subcommittee.




STORAGE NAME: h7041b.COM.DOCX                                                                               PAGE: 11
DATE: 2/24/2020
FLORIDA                       H   O   U   S   E      0    F     R E P R E S E N T A T I V E S



        HB 7041                                                                       2020




 1                                         A bill to be entitled
 2                An act relating to litigation financing consumer
 3                protection; creating part VIII of ch. 501, F.S.,
 4                entitled "Litigation Financing Consumer Protection
 5                Act"; creating s. 501.1001, F.S.; providing
 6                definitions; creating s. 501.1002, F.S.; requiring
 7                litigation financiers to register with the Department
 8                of State before engaging in litigation financing;
 9                providing registration requirements; requiring
10                litigation financiers to file a surety bond meeting
11                specified requirements; requiring the department serve
12                notice to such financiers and to revoke such
13                registrations for certain noncompliance; authorizing
14                the department to adopt rules; creating s. 501.1003,
15                F.S.; providing requirements for litigation financing
16                contracts; creating s. 501.1004, F.S.; prohibiting
17                litigation financiers from engaging in specified
18                conduct; creating s. 501.1005, F.S.; providing
19                disclosure requirements for litigation financing
20                contracts; creating s. 501.1006, F.S.; providing for
21                the assignment of contingent rights to civil action or
22                claim proceeds; specifying the priority of liens
23                against or rights to civil action or claim proceeds;
24                creating s. 501.1007, F.S.; authorizing litigation
25                financiers to assess specified interest, fees, and

                                                      Page 1 of 15

     CODING: Words strisken are deletions; words underlined are additions.
                                                                                     hb7041-00
FLORIDA                       H    O   U   S   E     0    F     REPRESENTATIVES




        HB 7041                                                                    2020




26                charges; providing requirements for such interest,
27                fees, and charges; prohibiting a litigation financier
28                from assessing specified fees or charges; creating s.
29                501.1008, F.S.; requiring the disclosure of litigation
30                financing contracts under specified circumstances;
31                creating s. 501.1009, F.S.; providing that specified
32                communications between attorneys and litigation
33                financiers do not effect statutory or common-law
34                privilege; creating s. 501.1011, F.S.; providing that
35                violations of the act are deceptive and unfair trade
36                practices; providing construction; providing an
37                effective date.
38
39      Be It Enacted by the Legislature of the State of Florida:
40
41                Section 1.        Part VIII of chapter 501, Florida Statutes,
42      consisting of sections 501.1001, 501.1002, 501.1003, 501.1004,
43      501.1005, 501.1006, 501.1007, 501.1008, 501.1009, and 501.1011,
44      is created and entitled "Litigation Financing Consumer
45      Protection Act."
46                Section 2.       Section 501.1001, Florida Statutes, is created
47      to read:
48                501.1001        Definitions.-As used in this part, the term:
49                ( 1)   "Consumer" means any individual.
50                (2)    "Department" means the Department of State.

                                                      Page 2 of 15

     CODING: Words strieken are deletions; words underlined are additions.
                                                                                  hb7041-00
FLORIDA                       H   O   U   S   E      0    F     REPRESENTATIVES




        HB 7041                                                                2020




51                (3)   "Enforcing authority" has the same meaning as ins.
52      501.203.
53                (4)   "Funded amount" means the funds actually received and
54      retained by a consumer under a litigation financing contract.
55                (5)   "Health care practitioner" has the same meaning as in
56      s. 456.001 (4).
57                (6)   "Interest" means the cost of obtaining litigation
58      financing and includes any profit or advantage of any kind
59      whatsoever that a litigation financier may charge, contract for,
60      collect, receive, or in any way obtain as a condition for a
61      litigation financing contract. Charges and fees specifically
62      authorized by this part are not interest.
63                (7)   "Litigation financier" means a person engaged in the
64      business of litigation financing.
65                (8)   "Litigation financing" means a nonrecourse transaction
66      in which a litigation financier provides funds to a consumer in
67      exchange for an assignment of the consumer's contingent right to
68      receive an amount of the potential proceeds of the consumer's
69      civil action or claim. The term does not include:
70                (a)   Legal services provided to a consumer on a contingency
71      fee basis, or advanced legal costs, where such services or costs
72      are provided by an attorney representing the consumer in
73      accordance with the Florida Rules of Professional Conduct;
74                (b)   A commercial tort claim as defined ins.
75      679.1021(1) (m);

                                                      Page 3 of 15

     CODING: Words stricken are deletions; words underlined are additions.
                                                                             hb7041-00
FLORIDA                        H    O   U   S   E     0    F     REPRESENTATIVES




         HB 7041                                                                     2020




 76                (c)    A worker's compensation claim under chapter 440;
 77                (d)    Lending or financing arrangements between an attorney
 78      or law firm and a lending institution to fund litigation costs
 79      in the ordinary course of business; or
 80                (e)    A consumer finance loan, as defined ins. 516.01(2).
 81                (9)    "Net proceeds" means the portion of the proceeds of a
 82      civil action or claim remaining after satisfaction of all liens
 83      with a higher priority than that of the litigation financier as
 84      specified ins. 501.1006(2).
 85                Section 3.        Section 501.1002, Florida Statutes, is created
 86      to read:
 87                501.1002        Litigation financier registration; registration
 88      revocation.-
 89                (1)    A litigation financier may not engage in litigation
 90      financing in this state before registering as a litigation
 91      financier under this section.
 92                (a)    A litigation financier that is a corporation, limited
 93      liability company, or partnership is registered under this
 94      section if it has:
 95                1.    Met the bond requirements of subsection (2);
 96                2.    A status of active and in good standing as reflected in
 97      department records; and
 98                3.    Filed articles of organization or incorporation, a
 99      certificate of limited partnership, or another organizational
100      document, or, if a foreign entity, an application for a

                                                       Page 4 of 15

      CODING: Words strioken are deletions; words underlined are additions.
                                                                                 hb7041-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 7041                                                                 2020




101      certificate of authority with the department stating therein
102      that it is a litigation financier.
103                (b)    A litigation financier who is not a corporation,
104      limited liability company, or partnership is registered under
105      this section if he or she has:
106                1.    Met the bond requirements of subsection (2); and
107                2.    Filed a litigation financier registration application
108      with the department on a form prescribed by the department
109      containing, at a minimum:
110                a.    The applicant's full legal name and fictitious name, if
111
112                b.    The applicant's physical address, mailing address, and
113      telephone number;
114                c.    A statement that the applicant is a litigation
115      financier; and
116                d.    Any other information the department deems necessary.
117                (2)    Each litigation financier must file with the
118      department a $250,000 surety bond, which bond must be:
119                (a)    Issued by a surety company authorized to do business
120      in this state.
121                (b)    Payable to the department for the payment of damages
122      awarded to a consumer under part II of this chapter.
123                (c)    Effective so long as the department's records
124      designate a litigation financier as such or a litigation
125      financing contract with the litigation financier is effective.

                                                       Page 5 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb7041-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 7041                                                                    2020




126                (3)   A litigation financier must amend its registration
127      within 30 days after the date the information contained therein
128      changes or becomes inaccurate in any respect. A litigation
129      financier who is not a corporation, limited liability company,
130      or partnership may amend his or her registration by filing with
131      the department an amendment on a form prescribed by the
132      department.
133                (4)   If the department determines that a litigation
134      financier has not complied with the requirements of this
135      section, the department shall serve the litigation financier
136      notice in a record of its intent to revoke the litigation
137      financier's registration. Such notice:
138                (a)   Must specifically state all grounds for revocation;
139      and
140                (b)   May be sent by electronic mail to a litigation
141      financier that provided the department with an electronic mail
142      address.
143                (5)   A litigation financier has 60 days from the date the
144      department sends the notice required by subsection (4)               to
145      correct the grounds for revocation or demonstrate to the
146      reasonable satisfaction of the department that each ground
147      determined by the department does not exist. The department
148      shall revoke the litigation financier registration of any
149      litigation financier who fails to comply with the requirements
150      of this section.

                                                       Page 6 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                   hb7041-00
FLORIDA                        H    O   U   S   E     0   F      R E P R E S E N T A T I V E S



         HB 7041                                                                                2020




151                (6)   The department has the authority reasonably necessary
152      to enable it to administer this section efficiently, to perform
153      duties imposed upon it, and to adopt rules to implement this
154      section.
155                Section 4.        Section 501.1003, Florida Statutes, is created
156      to read:
157                501.1003        Litigation financing contracts; terms.-The
158      litigation financing terms must be set forth in a written
159      contract containing:
160                (1)   A right of rescission allowing the consumer to cancel
161      the contract without penalty, interest, fees,                        or charges, or
162      further obligation if, within 5 business days after execution of
163      a contract or receipt of funds by the consumer, whichever is
164      later, the consumer provides written rescission notice and
165      returns any funds already provided under the contract to the
166      litigation financier;
167                (2)   The consumer's written acknowledgement of whether an
168      attorney represents him or her in the civil action or claim that
169      is the subject of the contract; and
170                (3)   A statement indicating that, in the event the proceeds
171      of the subject civil action or claim are paid into a settlement
172      fund or trust, the litigation financier must notify the fund or
173      trust administrator of any outstanding financial obligations
174      arising from the contract.
175                Section 5.       Section 501.1004, Florida Statutes, is created

                                                       Page 7 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                               hb7041-00
FLORIDA                        H    O   U   S   E     0    F     REPRESENTATIVES




         HB 7041                                                                                  2020




176      to read:
177                501.1004        Prohibited conduct.-A litigation financier may
178      not:
179                ( 1)   Pay or offer to pay a commission, referral fee or
180      other consideration to any person, including an attorney, law
181      firm, or health care practitioner, for referring a consumer to a
182      litigation financier;
183                (2)    Accept a commission, referral fee,                  rebate, or other
184      consideration from any person, including an attorney, law firm,
185      or health care practitioner;
186                (3)    Advertise false or misleading information about its
187      products or services;
188                (4)    Refer a consumer to a specific attorney, law firm, or
189      health care practitioner, except that, if a consumer lacks legal
190      representation, the litigation financier may refer the consumer
191      to an attorney referral service operated by a county or state
192      bar association;
193                (5)    Fail to promptly supply a copy of any complete
194      litigation financing contract to the consumer;
195                (6)    Attempt to obtain a waiver of any remedy, including,
196      but not limited to, compensatory, statutory, or punitive
197      damages, that the consumer might otherwise have in the subject
198      civil action or claim;
199                (7)    Attempt to effect arbitration or waiver of a
200      consumer's right to a jury trial in the subject civil action or

                                                       Page 8 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                 hb7041-00
FLORIDA                        H    O   U   S   E     0   F      REPRESENTATIVES




         HB 7041                                                                  2020




201      claim;
202                (8)     Offer or provide legal advice to the consumer
203      regarding the litigation financing contract or the subject civil
204      action or claim;
205                (9)     Assign a litigation financing contract in whole or in
206      part;
207                (10)     Report to a consumer credit reporting agency if
208      insufficient funds remain from the net proceeds of the subject
209      civil action or claim to repay the litigation financier;
210                ( 11)    Direct, or make any decisions with respect to, the
211      course of the subject civil action or claim or any settlement
212      thereof;
213                (12)     Enter into a litigation financing contract with a
214      consumer incorporating the consumer's obligations to the
215      litigation financier under an existing litigation financing
216      contract; or
217                (13)     Knowingly enter into a litigation financing contract
218      with a consumer already under a litigation financing contract
219      with another litigation financier without first paying the
220      entire funded amount and all fees and charges owed under the
221      existing contract, unless the consumer consents to a
222      contemporaneous financing arrangement in writing.
223                Section 6.        Section 501.1005, Florida Statutes, is created
224      to read:
225                501.1005        Required disclosures.-

                                                       Page 9 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                 hb7041-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 7041                                                                     2020




226                (1)   A litigation financing contract must contain the
227      following disclosures on the front page of the contract in at
228      least 12-point boldfaced type:
229                (a)   Notice of the consumer's right to a completely filled
230      in contract;
231                (b)   A statement that the litigation financier does not
232      have the right to, and may not make any decisions or attempt to,
233      influence the consumer or his or her attorney about the conduct
234      of the civil action or claim that is the subject of the contract
235      and that the right to make such decisions remains solely with
236      the consumer;
237                (c)   The total funded amount provided to the consumer;
238                (d)   An itemized list of all fees and charges payable by
239      the consumer;
240                (e)   The interest rate;
241                (f)   The total amount due from the consumer in 6-month
242      intervals for 3 years, including all interest, fees,                 and
243      charges;
244                (g)   A statement that the consumer will owe no fees or
245      charges other than those described in the disclosures;
246                (h)   The cumulative amount due from the consumer for all
247      litigation financing contracts if the consumer seeks multiple
248      contracts and makes repayment any time after contract execution;
249                (i)   Notice that if the consumer recovers nothing from the
250      subject civil action or claim, he or she will owe the litigation

                                                      Page 10 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                    hb7041-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 7041                                                                2020




251      financier nothing; and
252                (j)   Notice that if the net proceeds of the subject civil
253      action or claim are insufficient to fully repay the litigation
254      financier, the litigation financier will accept a reduced sum as
255      full payment of the funded amount and all fees and charges owed,
256      which sum may not exceed the net proceeds less proceeds
257      specifically awarded for future medical expenses.
258                (2)   A litigation financing contract must also contain the
259      following disclosure on the front page of the contract in at
260      least 18-point uppercase and boldfaced type:
261
262      CONSUMER'S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT
263      WITHOUT PENALTY, INTEREST, FEES, CHARGES, OR FURTHER OBLIGATION
264      WITHIN 5 BUSINESS DAYS FROM THE DATE OF CONTRACT EXECUTION OR
265      RECEIPT OF FUNDS FROM [INSERT NAME OF THE LITIGATION FINANCIER],
266      WHICHEVER IS LATER, BY GIVING WRITTEN NOTICE OF THE CANCELLATION
267      AND BY RETURNING THE FUNDS TO [INSERT NAME OF THE LITIGATION
268      FINANCIER]. FOR PURPOSES OF THE DEADLINE, THE POSTMARK DATE ON
269      FUNDS RETURNED BY REGULAR U.S. MAIL, OR THE DATE OF THE RETURN
270      RECEIPT REQUESTED IF MAILED BY CERTIFIED MAIL, WILL BE
271      CONSIDERED THE DATE OF RETURN OF THE FUNDS.
272
273                (3)    A litigation financing contract must contain the
274      following disclosure immediately above the consumer's signature
275      line in 18-point uppercase and boldfaced type:

                                                      Page 11 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb7041-00
FLORIDA                        H    O   U   S   E     0    F      R E P R E S E N T A T    I   V E S



         HS 7041                                                                           2020




276
277      DO NOT SIGN THIS CONTRACT BEFORE READING IT COMPLETELY OR IF THE
278      CONTRACT CONTAINS ANY INCOMPLETE OR BLANK SECTIONS. BEFORE YOU
279      SIGN THIS CONTRACT, YOU SHOULD CONSULT AN ATTORNEY. YOU MAY ALSO
280      WANT TO CONSULT A TAX ADVISOR, A FINANCIAL PROFESSIONAL, OR AN
281      ACCOUNTANT.
282                Section 7.        Section 501.1006, Florida Statutes, is created
283      to read:
284                501.1006        Contingent right to proceeds assignable; priority
285      of lien or right to proceeds.-
286                (1)   A consumer may assign his or her contingent right to
287      receive an amount of the potential proceeds of a civil action or
288      claim.
289                (2)   A litigation financier's lien on the potential
290      proceeds of a civil action or claim has priority over liens that
291      attach to such proceeds subsequent to the attachment of the
292      litigation financier's lien, except for:
293                (a)   Attorney, insurance carrier, or healthcare
294      practitioner liens or liens based upon subrogation interests or
295      reimbursement rights related to the subject civil action or
296      claim; and
297                (b)   Child support, Medicare, tax, or any other statutory
298      or governmental lien.
299                Section 8.       Section 501.1007, Florida Statutes, is created
300      to read:

                                                      Page 12 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                          hb7041-00
FLORIDA                        H    O   U   S   E     0   F      REPRESENTATIVES




         HB 7041                                                                2020




301                501.1007        Interest, fees, charges, and penalties.-
302                (1)   A litigation financier may not directly or indirectly
303      charge, contract for, or receive an interest rate of greater
304      than 30 percent of the funded amount per annum. In determining
305      compliance with the statutory maximum interest rate, the
306      computations used must be simple interest and not add-on
307      interest or any other computations.
308                (2)   The maximum interest rate that may be contracted for
309      and received by a litigation financier is 12 times the maximum
310      monthly rate, and the maximum monthly rate must be computed on
311      the basis of one-twelfth of the annual rate for each full month.
312      The maximum daily rate must be computed on the basis of the
313      maximum monthly rate divided by the number of days in the month.
314                (3)   Interest may only accrue until a court enters a final
315      order or a settlement agreement is executed in the civil action
316      or claim that is the subject of the litigation financing
317      contract, whichever is earlier, but interest may not accrue for
318      a period exceeding three years from the date the consumer
319      receives the funds from the litigation financier. The total
320      interest assessed must be calculated based on the actual number
321      of days for which interest accrued.
322                (4)   A litigation financier may not directly or indirectly
323      charge, contract for, or receive any fees or charges the
324      combined total of which exceeds $500 with regard to a single
325      civil action or claim, regardless of the number of litigation

                                                      Page 13 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                              hb7041-00
FLORIDA                        H    O   U   S   E     0    F     REPRESENTATIVES




         HB 7041                                                                    2020




326      financing contracts the consumer enters into with the litigation
327      financier with respect to the civil action or claim.
328                (5)   A litigation financier may not directly or indirectly
329      charge, contract for, or receive any interest, fees, or charges,
330      for rescission or cancellation of a litigation financing
331      contract under s. 501.1003(1).
332                Section 9.        Section 501.1008, Florida Statutes, is created
333      to read:
334                501.1008        Litigation financing contracts; discovery.-Except
335      as otherwise ordered by the court, a party to any civil action
336      or claim must, without awaiting a discovery request, provide to
337      the other parties any contract under which a litigation
338      financier has a contingent right to receive compensation sourced
339      from potential proceeds of the civil action or claim.
340                Section 10.          Section 501.1009, Florida Statutes, is created
341      to read:
342                501.1009        Effect of communication on privilege.-
343      Communication between a consumer's attorney and a litigation
344      financier regarding a litigation financing contract does not
345      limit, waive, or abrogate the scope or nature of any statutory
346      or common-law privilege, including the work-product doctrine and
347      the attorney-client privilege.
348                Section 11.          Section 501.1011, Florida Statutes, is created
349      to read:
350                501.1011        Violation; enforcement.-

                                                      Page 14 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                   hb7041-00
FLORIDA                        H   O   U   S   E      0    F     REPRESENTATIVES




         HB 7041                                                                   2020




351                (1)   A violation of this part is an unfair and deceptive
352      trade practice actionable under part II of this chapter.
353                (2)   This section does not limit the:
354                (a)   Enforcing authority's exercise of powers or
355      performance of duties which the enforcing authority is otherwise
356      legally authorized or required to exercise or perform; or
357                (b)   Rights and remedies available to the state or a person
358      under any other law.
359                Section 12.         This act shall take effect July 1, 2020.




                                                      Page 15 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                  hb7041-00
                                COMMERCE COMMITTEE

                                 HB 7041 by Rep. Leek
                      Litigation Financing Consumer Protection

                                AMENDMENT SUMMARY
                                  February 27, 2020

Amendment 1 by Rep. Leek (line 41 ): The amendment moves the Litigation Financing
Consumer Protection Act from ch. 501, F.S., to ch. 559, F.S., and makes conforming changes.

Amendment 2 by Rep. Leek (line 66): The amendment limits the application of the Litigation
Financing Consumer Protection Act to litigation financing in which the funded amount is
$500,000 or less.
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 7041   (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 Leek offered the following:
 3
 4             Amendment (with title amendment)
 5             Remove lines 41-45 and insert:
 6             Section 1.   Part XIII of chapter 559, Florida Statutes,
 7     consisting of sections 559.952, 559.953, 559.954, 559.955,
 8     559.956, 559.957, 559.958, 559.959, 559.961, and 559.962, is
 9     created and entitled "Litigation Financing Consumer Protection
10     Act."
11
12             Remove lines 46-48 and insert:
13             Section 2.   Section 559.952, Florida Statutes, is created
14     to read:
15             559.952   Definitions.-As used in this part, the term:
16

     002305 - h7041-line 41.docx
     Published On: 2/26/2020 4:05:44 PM
                                      Page 1 of 5
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 7041   (2020)
       Amendment No. 1



17          Remove lines 84-87 and insert:
18     specified ins. 559.957(2).
19          Section 3.   Section 559.953, Florida Statutes, is created
20     to read:
21          559.953   Litigation financier registration; registration
22
23          Remove line 122 and insert:
24     awarded to a consumer under part II of chapter 501.
25
26          Remove lines 155-157 and insert:
27          Section 4.   Section 559.954, Florida Statutes, is created
28     to read:
29          559.954   Litigation financing contracts; terms.-The
30
31          Remove lines 175-177 and insert:
32          Section 5.   Section 559.955, Florida Statutes, is created
33     to read:
34          559.955   Prohibited conduct.-A litigation financier may
35
36          Remove lines 223-225 and insert:
37          Section 6.   Section 559.956, Florida Statutes, is created
38     to read:
39          559.956   Required disclosures.-
40
41
     002305 - h7041-line 41.docx
      Published On: 2/26/2020 4:05:44 PM
                                    Page 2 of 5
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 7041   (2020)
       Amendment No. 1



42          Remove lines 282-284 and insert:
43          Section 7.    Section 559.957, Florida Statutes, is created
44     to read:
45          559.957   Contingent right to proceeds assignable; priority
46
47          Remove lines 299-301 and insert:
48          Section 8.    Section 559.958, Florida Statutes, is created
49     to read:
50          559.958   Interest, fees, charges, and penalties.-
51
52          Remove lines 331-334 and insert:
53     contract under s. 559.954(1).
54          Section 9.    Section 559.959, Florida Statutes, is created
55     to read:
56          559.959   Litigation financing contracts; discovery.-Except
57
58          Remove lines 340-342 and insert:
59          Section 10.   Section 559.961, Florida Statutes, is created
60     to read:
61          559.961   Effect of communication on privilege.-
62
63          Remove lines 348-350 and insert:
64          Section 11.   Section 559.962, Florida Statutes, is created
65     to read:
66          559.962   Violation; enforcement.-
     002305 - h7041-line 41.docx
      Published On: 2/26/2020 4:05:44 PM
                                    Page 3 of 5
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 7041   (2020)
       Amendment No. 1



67          Remove line 352 and insert:
68     trade practice actionable under part II of chapter 501.
69
70
71                       T I T L E   A ME N D ME N T
72          Remove lines 3-34 and insert:
73          protection; creating part XIII of ch. 559, F.S.,
74          entitled "Litigation Financing Consumer Protection
75          Act"; creating s. 559.952, F.S.; providing
76          definitions; creating s. 559.953, F.S.; requiring
77          litigation financiers to register with the Department
78          of State before engaging in litigation financing;
79          providing registration requirements; requiring
80          litigation financiers to file a surety bond meeting
81          specified requirements; requiring the department serve
82          notice to such financiers and to revoke such
83          registrations for certain noncompliance; authorizing
84          the department to adopt rules; creating s. 559.954,
85          F.S.; providing requirements for litigation financing
86          contracts; creating s. 559.955, F.S.; prohibiting
87          litigation financiers from engaging in specified
88          conduct; creating s. 559.956, F.S.; providing
89          disclosure requirements for litigation financing
90          contracts; creating s. 559.957, F.S.; providing for
91          the assignment of contingent rights to civil action or

     002305 - h7041-line 41.docx
     Published On: 2/26/2020 4:05:44 PM
                                   Page 4 of 5
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 7041   (2020)
        Amendment No. 1



 92          claim proceeds; specifying the priority of liens
 93          against or rights to civil action or claim proceeds;
 94          creating s. 559.958, F.S.; authorizing litigation
 95          financiers to assess specified interest, fees, and
 96          charges; providing requirements for such interest,
 97          fees, and charges; prohibiting a litigation financier
 98          from assessing specified fees or charges; creating s.
 99          559.959, F.S.; requiring the disclosure of litigation
100          financing contracts under specified circumstances;
101          creating s. 559.961, F.S.; providing that specified
102          communications between attorneys and litigation
103          financiers do not affect statutory or common-law
104          privilege; creating s. 559.962, F.S.; providing that




      002305 - h7041-line 41.docx
       Published On: 2/26/2020 4:05:44 PM
                                    Page 5 of 5
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 7041   (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 Leek offered the following:
3

4          Amendment
5             Remove lines 66-67 and insert:
6     in which a litigation financier provides to a consumer a funded
7     amount of $500,000 or less in exchange for an assignment of the
8     consumer's contingent right to




    689897 - h7041-line 66.docx
    Published On: 2/26/2020 4:06:51 PM
                                    Page 1 of 1
:I:
llJ
......
0
<D
<D
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 7099       PCB SAC 20-06      Essential State Infrastructure
SPONSOR(S): State Affairs Committee; lngoglia
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    Orig. Comm.: State Affairs Committee                             18 Y, 2 N                Johnson             Williamson

    1) Commerce Committee                                                                     Keating


                                                        SUMMARY ANALYSIS
The bill addresses planning for and locating various types of infrastructure within the state.

    Permitting for Use of Public Rights-of-Way by Utilities
    Each local government with jurisdiction and control of a public road or publicly owned rail corridor is
    authorized to prescribe and enforce reasonable rules or regulations related to placing and maintaining
    utility facilities across, on, or within the right-of-way (ROW) limits of a road or publicly owned rail corridor
    under its jurisdiction.

    The bill provides that all permit applications required by a county or municipality for use of the public ROW
    for any type of utility must be processed within specified timeframes. Under this process, a completed
    permit application is deemed approved if the authority fails to approve or deny the application within 60
    days of receipt, unless the review period is extended by mutual agreement.

    Electric Vehicle Charging Station Infrastructure
    Due to their efficiency, low operating costs, and low emissions profiles, interest in electric vehicles (EVs) is
    increasing. However, the commercial success of EVs has been restricted in part due to their relatively high
    up-front cost and limited range as compared to conventional gasoline-powered vehicles. Successful
    adoption of EVs is dependent on the accessibility of charging stations.

    The bill requires DOT, in coordination with other entities, to develop and adopt a master plan for EV
    charging stations on the state highway system by July 1, 2021. The bill provides goals and objectives for
    the master plan and requires DOT to update its master plan annually.

    Conservation Easements
    Current law defines a conservation easement as a right or interest in real property which is appropriate for
    retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition;
    retaining such areas as suitable habitat for fish, plants, or wildlife; retaining the structural integrity or
    physical appearance of sites or properties of historical, architectural, archaeological, or cultural
    significance; or maintaining existing land uses.

    The bill specifies that, for any land used for agriculture and subject to a conservation easement, the owner
    of the land is not prohibited from voluntarily negotiating the use of the land for any public or private linear
    facility, right of access, and related appurtenances.

The bill includes a finding that it fulfills an important state interest.

The bill has a fiscal impact on state government and may have a fiscal impact on local governments. See
Fiscal Analysis.

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

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h7099.COM.D0CX
DATE: 2/25/2020
                                                         FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Permitting for Use of Public Rights-of-Way by Utilities

         Present Situation

         Pursuant to s. 337.401, F.S., the Department of Transportation (DOT) and each local government that
         has jurisdiction and control of public roads or publicly owned rail corridors is authorized to prescribe and
         enforce reasonable rules or regulations related to placing and maintaining utility facilities across, on, or
         within the right-of-way (ROW) limits of any road or publicly owned rail corridors under its jurisdiction.
         Each of these types of entities is individually referred to as an "authority" when acting in this capacity.
         Each authority may authorize any person who is a resident of this state, or any corporation which is
         organized under the laws of this state or licensed to do business within this state, to use a public ROW
         for a utility 1 in accordance with the authority's rules or regulations. A utility may not be installed,
         located, or relocated within a public ROW unless authorized by a written permit.

         In 2017, the Legislature established an expedited permitting process for small wireless facilities 2 (SWF)
         that a wireless provider3 seeks to place in the public ROW. 4 Under this process, a completed permit
         application for a SWF is deemed approved if the authority fails to approve or deny the application within
         60 days of receipt. This review period may be extended by mutual agreement. If an application is
         denied, the applicant may cure the deficiencies and submit a revised application within 30 days after
         denial. The revised application is deemed approved if the authority does not approve or deny it within
         30 days of receipt. If the authority provides for administrative review of its denial of an application, the
         authority must complete its review and issue a written decision within 45 days of a written request for
         review.

         In 2019, the Legislature expanded the application of this expedited permitting process to include all
         communications facilities that a provider of communications services5 seeks to place in the public

1
  S. 337.40l(l)(a), F.S., refers to "any electric transmission, telephone, telegraph, or other communications services lines; pole lines;
poles; railways; ditches; sewers; water, heat, or gas mains; pipelines; fences; gasoline tanks and pumps; or other structures referred to
in this section and in ss. 337.402, 337.403, and 337.404" as a "utility."
2
  "Small wireless facility," s. 337.401(7)(b)IO., F.S., means a wireless facility that meets the following qualifications:
     •    Each antenna associated with the facility is located inside an enclosure ofno more than 6 cubic feet in volume or, in the case
          of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure ofno more
          than 6 cubic feet in volume; and
     • All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following
          types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment
          elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches,
          cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support
          structures. S. 337.401(7)(b)10., F.S.

3
  "Wireless provider" means wireless infrastructure provider or a wireless services provider. S. 337.401(7)(b)l4., F.S.
4
  Ch. 2017-136, L.O.F., codified in pertinent part at s. 337.401(7)(d)7.-9., F.S.
5
  "Communications services" means "the transmission, conveyance, or routing of voice, data, audio, video, or any other information or
signals, including video services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical,
microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or
conveyance. The term includes such transmission, conveyance, or routing in which computer processing applications are used to act
on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such
service is referred to as voice-over-Internet-protocol services or is classified by the Federal Communications Commission as enhanced
or value-added." The term does not include: information services; installation or maintenance of wiring or equipment on a customer's
premises; the sale or rental of tangible personal property; the sale of advertising, including, but not limited to, directory advertising;
bad check charges; late payment charges; billing and collection services; or Internet access service, electronic mail service, electronic
bulletin board service, or similar online computer services. Ss. 337.401(5) and 202.11(1), F.S.
STORAGE NAME: h7099.COM.DOCX                                                                                                     PAGE: 2
DATE: 2/25/2020
           ROW. 6 No timeframes are specified in current law for processing permit applications to use the public
           ROW for any other type of utility.

           Effect of Proposed Changes

           The bill provides that all permit applications required by a county or municipality for use of the public
           ROW for any type of utility7 must be processed within the expedited timeframe that currently applies
           only to permit applications submitted for communications facilities. Thus, the bill expands application of
           the expedited permitting process to include public ROW permits for, among other things, electric,
           natural gas, water, and sewer facilities.

           Electric Vehicle Charging Station Infrastructure

           Present Situation

           Due to their efficiency, low operating costs, and low emissions profiles, 8 interest in electric vehicles
           (EVs) is increasing. However, the commercial success of EVs has been restricted in part due to their
           relatively high up-front cost and limited range as compared to conventional gasoline-powered vehicles. 9
           While advancements in EV-related technology are continuing, EV manufacturing is rising, and EV
           prices are dropping, representatives in both the government and the private sectors acknowledge that
           successful adoption of EVs is dependent on the accessibility of charging stations. 10

           EV charging equipment is generally classified based on the rate at which the equipment charges the
           EV batteries. Charging times vary depending on the depletion level of the battery, how much energy
           the battery holds, the type of battery, and the type of supply equipment. According to the Alternative
           Fuels Data Center (AFDC}, charging times can range from less than 20 minutes to 20 hours or more.
           Potential driving distance ranges from:
               • Two to five miles of range per one hour of charging for AC Level 1 supply equipment;
               • Ten to 20 miles per one hour of charging for AC Level 2 supply equipment; and
               • Sixty to 80 miles per 20 minutes of charging for DC fast charging supply equipment. 11

           According to AFDC, EV charging for most drivers occurs at home or at fleet facilities. 12

           Level 1 (home) charging cords come as standard equipment on new EVs, require only a standard 120-
           volt outlet, and can add about 50 miles of range in an overnight charge. Level 1 charging is sufficient
           for low- and medium-range EV drivers with relatively low daily driving. 13

           Level 2 (home and public) charging commonly requires a 240-volt circuit, with the charging rate
           dependent on the rate at which a vehicle can accept a charge and the maximum current available. An
           eight-hour charge adds about 180 miles of range with a typical 30-amp circuit. This method may
           require the purchase of a home charging unit and modifications to a home electric system, but charges

6
    Ch. 2019-131, L.O.F.
7 Supra note 96.
8
  See U.S. Department of Energy, Office of Energy Efficiency & Renewable Energy, Electric Vehicle Benefits,
https://www.energy.gov/eere/electricvehicles/electric-vehicle-benefits (last visited Feb, 24, 2020).
9
  See the Federal Highway Administration's FHWA NHTS Brief Electric Vehicle Feasibility, July 2016, pp. 1-2, available at
https://nhts.oml.gov/briefs/EVFeasibility2016070 l .pdf (last visited Feb. 24, 2020).
10
   Id. at p. 2. See also CBS Chicago, Electric Vehicle Sales on the Rise, But More Charging Stations Needed To Keep the Trend
Going, September 19, 2019, available at https://chicago.cbslocal.com/2019/09/19/electric-vehicles-super-fast-charging-stations/ (last
visited Feb. 24, 2020).
11
   See Alternative Fuels Data Center (AFDC), Developing Infrastructure to Charge Plug-In Electric Vehicles,
https://afdc.energy.gov/fuels/electricity_infrastructure.html (last visited Feb. 24, 2020).
12 Id.
13
   Union of Concerned Scientists, Electric Vehicle Charging (March 2018) available at https://www.ucsusa.org/resources/electric-
vehicle-charging-types-time-cost-and-savings (last visited Feb. 24, 2020).
STORAGE NAME: h7099.COM.DOCX                                                                                                   PAGE: 3
DATE: 2/25/2020
         from two to eight times faster than a Level 1, depending on the amperage and the vehicle. These
         chargers are most commonly found at public charging places like offices, grocery stores, and parking
         garages. 14

         DC Fast Chargers (public charging) can typically add 50 to 90 miles of range in 30 minutes, depending
         on the charging station's power capacity and the make of the EV. These chargers are best used for
         longer travel distances; vehicles used the major portion of a day, such as taxis; and for vehicles whose
         drivers have limited access to home charging. 15

         Under Florida law, the provision of EV charging to the public by a nonutility is not considered the retail
         sale of electricity. 16 Thus, EV charging providers are not subject to regulation by the Public Service
         Commission (PSC) as public utilities. To provide consistency for consumers and industry, the
         Department of Agriculture and Consumer Services (DACS) is required to adopt rules establishing
         definitions, methods of sale, labeling requirements, and price-posting requirements for EV charging
         stations.17

         Through the state Office of Energy, DACS maintains a database of public EV charging station locations
         in Florida, listed by county on its website. The website identifies 930 charging station locations by
         specific address. 18 In addition, the Office of Energy is currently working on an EV Roadmap with the
         goals of:
             • Identifying EV charging infrastructure impacts on the electric grid;
             • Identifying solutions for any negative impacts;
             • Locating areas that lack EV charging infrastructure;
             • Identifying best practices for siting EV charging stations; and
             • Identifying technical or regulatory barriers to expansion of EV charging infrastructure. 19

         Established in 1993 as part of the U.S. Department of Energy's Vehicle Technologies Office, Clean
         Cities coalitions have funded hundreds of transportation projects nationwide in furtherance of their
         mission to foster the nation's economic, environmental, and energy security by working locally to
         advance affordable, domestic transportation fuels, energy efficient mobility systems, and other fuel-
                                                    °
         saving technologies and practices. 2 Clean Cities coalitions are comprised of businesses, fuel
         providers, vehicle fleets, state and local government agencies, and community organizations. Each
         coalition is led by a coordinator who tailors projects and activities to capitalize on the unique
         opportunities within their communities. The U.S. Department of Energy has designated four Clean
         Cities coalitions in Florida: North Florida, Central Florida, Tampa, and Southeast Florida. 21

         Effect of Proposed Changes

         The bill requires DOT, in coordination with the state Office of Energy and the designated Clean Cities
         coalitions in Florida, or other appropriate public or private entities, to develop and adopt a master plan


14 Id.
1s Id.
16
   S. 366.94(1), F.S.
17
   S. 366.94(2), F.S. DACS has incorporated into its rules, by reference, various sections of the National Institute of Standards and
Technology (NIST), Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metro logy and Engine Fuel Quality, 2017
Edition, regarding the sale of various fuels. See Rule 51-22.003, F.A.C.
18
   Florida Department of Agriculture and Consumer Services, Office of Energy, Transportation,
https://www.fdacs.gov/Energy/Florida-Energy-Clearinghouse/Transportation (last visited Feb. 24, 2020); s. 377.815, F.S., authorizes
DACS to post information on its website relating to alternative fueling stations, including EV charging stations, available for public
use.
19
   DACS, Agency Analysis of2020 Senate Bill 452, p.2. (Oct. 9, 2019).
20
   U.S. Department of Energy, Office of Energy Efficiency & Renewable Energy, Clean Cities Coalition Network,
https://cleancities.energy.gov/ (last visited Feb. 24, 2020).
21 Id.
STORAGE NAME: h7099.COM.D0CX                                                                                                    PAGE: 4
DATE: 2/25/2020
         for EV charging stations on the state highway system (SHS) by July 1, 2021, and to update it annually
         by July 1.

         The master plan's goals and objectives include, but are not limited to:
            • Identifying optimal locations on the SHS for the development of EV charging stations to facilitate
               EV short-range and long-range travel and adequately serving evacuation routes;
            • Identifying locations that would serve existing EVs or encourage the expansion of EV use;
            • Evaluating and comparing the types of EV charging stations available at present and in the
               future, including the technology and infrastructure incorporated in such stations, for the purpose
               of identifying any advantages to developing a particular type of station;
            • Evaluating the economic potential for EV charging stations and considering strategies to
               develop that potential, including methods for building partnerships with local governments, other
               state and federal entities, electric utilities, the business community, and the public in support of
               EV charging stations; and
            • Identifying specific projects that will accomplish these goals and objectives.

         Conservation Easements

         Present Situation
         Current law defines a conservation easement as a right or interest in real property, which is appropriate
         for:
              • Retaining land or water areas predominantly in their natural, scenic, open, agricultural, or
                wooded condition;
              • Retaining such areas as suitable habitat for fish, plants, or wildlife;
              • Retaining the structural integrity or physical appearance of sites or properties of historical,
                architectural, archaeological, or cultural significance; or
              • Maintaining existing land uses. 22

         A conservation easement must prohibit or limit any or all of the following:
            • Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or
               other structures on or above the ground;
            • Dumping or placing of soil or other substance or material as landfill or dumping or placing of
               trash, waste, or unsightly or offensive materials;
            • Removal or destruction of trees, shrubs, or other vegetation;
            • Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in
               such manner as to affect the surface;
            • Surface use except for purposes that permit the land or water area to remain predominantly in
               its natural condition;
            • Activities detrimental to drainage, flood control, water conservation, erosion control, soil
               conservation, or fish and wildlife habitat preservation;
            • Acts or uses detrimental to such retention of land or water areas; or
            • Acts or uses detrimental to the preservation of the structural integrity or physical appearance of
               sites or properties of historical, architectural, archaeological, or cultural significance. 23

         Notwithstanding the restrictions imposed by conservation easements, the owner of the land, or the
         owner of the conservation easement over the land, may voluntarily negotiate the sale or utilization of
         such lands or easement for the construction and operation of linear facilities (e.g., public transportation
         corridors and electric, telecommunication, or pipeline transmission lines and distribution facilities). 24




22
   S. 704.06(1), F.S.
23 Id.
24
   S. 704.06(11), F.S.
STORAGE NAME: h7099.COM.D0CX                                                                                  PAGE: 5
DATE: 2/25/2020
         Conservation easements are acquired in the same manner as other property interests, with the
         exception of condemnation or eminent domain proceedings. 25 Conservation easements may be
         acquired by any governmental body or agency or by a charitable corporation or trust whose purposes
         include protecting natural, scenic, or open space values of real property; assuring its availability for
         agricultural, forest, recreational, or open space use; protecting natural resources; maintaining or
         enhancing air or water quality; or preserving sites or properties of historical, architectural,
         archaeological, or cultural significance. 26

         Conservation easements are perpetual, undivided interests in property that are created or stated in a
         restriction, easement, covenant, or condition in any deed, will, or other instrument executed by or on
         behalf of the property owner, or in any order of taking. 27 They must be recorded and indexed in the
         same manner as any other instrument affecting the title to real property. 28

         DACS, on behalf of the Board of Trustees of the Internal Improvement Trust Fund, may allocate money
         to enter into agreements in order to promote and improve wildlife habitat; protect and enhance water
         bodies, aquifer recharge areas, wetlands, and watersheds; perpetuate open space on lands with
         significant natural areas; and protect agricultural 29 lands threatened by conversion to other uses. 30 To
         achieve these purposes, DACS may accept applications for project proposals that purchase
         conservation easements. 31

         Effect of Proposed Changes
         The bill specifies that, for any land that has traditionally been used for agriculture and is subject to a
         conservation easement, the conservation easement laws do not limit the owner of the land from
         voluntarily negotiating the use of the land for any public or private linear facility, right of access, and
         related appurtenances.

         The bill specifies that the only remedy to the owner of the conservation easement for the construction
         and operation of any public or private linear facilities and related access and appurtenances is
         reasonable compensation based on diminution of value of its interest in the conservation easement.

         The bill specifies that it does not preclude the applicability of any environmental permitting
         requirements applicable to a linear facility under state law or agency rules.

     B. SECTION DIRECTORY:
         Section 1. Amends s. 337.401, F.S., relating to the use of right-of-way for utilities.

         Section 2. Creates s. 339.287, F.S., relating to EV charging station master plan requirements.

         Section 3. Amends s. 704.06, F.S., relating to conservation easements.

         Section 4. Provides a statement of important state interest.

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




25 S. 704.06(2), F.S.
26 S. 704.06(3), F.S.
27
   S. 704.06(2), F.S.
28
   S. 704.06(5), F.S.
29
   S. 570.02(1), F.S., defines the term "agriculture" as the production of plants and animals useful to humans, including aquaculture,
horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm
production.
30
   S. 570.71(1), F.S.
31
   S. 570.71(2)(a), F.S.
STORAGE NAME: h7099.C0M.D0CX                                                                                                     PAGE: 6
DATE: 2/25/2020
                        11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill does not appear to have an impact on state revenues.

       2. Expenditures:
           The bill has an indeterminate negative fiscal impact to DOT associated with the development of the
           master plan. DACS may incur a negative fiscal impact associated with assisting DOT in preparing
           the master plan. The departments should be able to absorb the impacts within existing resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill does not appear to have an impact on local government revenues.

       2. Expenditures:
           Counties and municipalities may incur expenditures associated with complying with the specified
           timeframes to approve permits for utilities within their rights-of-way. However, the expenditures
           may be insignificant.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Requiring specified timeframes for local governments to process utility ROW permits may reduce
       permit processing times in some cases for companies wishing to place utilities in the public ROW. The
       bill allows an owner of land that has traditionally been used for agriculture and is subject to a
       conservation easement to voluntarily negotiate the use of the land for any public or private linear
       facility, right of access, and related appurtenances. This provision may result in a positive fiscal impact
       to the private sector for those individuals who negotiate for the additional use of such easements.

   D. FISCAL COMMENTS:
       None.

                                                Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
         because the bill requires counties and municipalities to act on applications for permits relating to the
         use of rights-of-way for utilities within a specified timeframe. However, an exemption may apply if the
         provisions are found to have an insignificant fiscal impact. In addition, an exception may apply if the
         bill is approved by a two-thirds vote of the membership of each house because the bill includes a
         finding that it fulfills an important state interest.

       2. Other:
          None.

   8. RULE-MAKING AUTHORITY:
       The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.

STORAGE NAME: h7099.COM.DOCX                                                                                PAGE: 7
DATE: 2/25/2020
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                        IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   None.




STORAGE NAME: h7099.COM.D0CX                                           PAGE: 8
DATE: 2/25/2020
FLORIDA                       H   O   U   S   E      0     F      REPRESENTATIVES




        HB 7099                                                               2020




 1                                         A bill to be entitled
 2                An act relating to essential state infrastructure;
 3                amending s. 337.401, F.S.; specifying permit
 4                application timeframes required for the installation,
 5                location, or relocation of utilities within rights-of-
 6                way; creating s. 339.287, F.S.; defining the term
 7                "master plan for electric vehicle charging stations"
 8                or "master plan"; requiring the Department of
 9                Transportation, in coordination with the Office of
10                Energy within the Department of Agriculture and
11                Consumer Services and the Florida Clean Cities
12                Coalitions, or other appropriate entities, to develop
13                and adopt by a specified date a master plan for
14                electric vehicle charging stations on the state
15                highway system; specifying goals and objectives of the
16                master plan; requiring the master plan to be updated
17                annually by a specified date; amending s. 704.06,
18                F.S.; providing construction relating to the rights of
19                an owner of land that has been traditionally used for
20                agriculture and is subject to a conservation easement;
21                providing construction relating to applicability of
22                certain permit requirements; providing a declaration
23                of important state interest; providing an effective
24                date.
25

                                                         Page 1 of 6

     CODING: Words strioken are deletions; words underlined are additions.
                                                                             hb7099-00
FLORIDA                       H   O   U   S   E      0     F      REPRESENTATIVES




        HB 7099                                                                  2020




26      Be It Enacted by the Legislature of the State of Florida:
27
28                Section 1.       Subsection (2) of section 337.401, Florida
29      Statutes, is amended to read:
30                337.401     Use of right-of-way for utilities subject to
31      regulation; permit; fees.-
32                (2)   The authority may grant to any person who is a
33      resident of this state, or to any corporation that which is
34      organized under the laws of this state or licensed to do
35      business within this state, the use of a right-of-way for the
36      utility in accordance with such rules or regulations as the
37      authority may adopt.~ Ne utility may not shall be installed,
38      located, or relocated unless authorized by a written permit
39      issued by the authority. However, for public roads or publicly
40      owned rail corridors under the jurisdiction of the department, a
41      utility relocation schedule and relocation agreement may be
42      executed in lieu of a written permit. The permit must shall
43      require the permitholder to be responsible for any damage
44      resulting from the issuance of such permit. The authority may
45      initiate injunctive proceedings as provided ins. 120.69 to
46      enforce provisions of this subsection or any rule or order
47      issued or entered into pursuant thereto. A permit application
48      required under this subsection by a county or municipality
49      having jurisdiction and control of the right-of-way of any
50      public road must be processed and acted upon in accordance with

                                                         Page 2 of 6

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                hb7099-00
FLORIDA                       H   O   U   S   E      0    F     REPRESENTATIVES




        HB 7099                                                                    2020




51      the timeframes provided in subparagraphs (7) (d)7., 8., and 9.
52                Section 2.       Section 339.287, Florida Statutes, is created
53      to read:
54                339.287      Electric vehicle charging stations; master plan
55      requirements.-
56                ( 1)   As used in this section, the term "master plan for
57      electric vehicle charging stations" or "master plan" means a
58      comprehensive plan of the department which describes current and
59      future plans for the development of electric vehicle charging
60      stations on the state highway system.
61                (2)    The department, in coordination with the Office of
62      Energy within the Department of Agriculture and Consumer
63      Services and the Florida Clean Cities Coalitions designated by
64      the United States Department of Energy, or other appropriate
65      public or private entities, shall develop and adopt a master
66      plan for electric vehicle charging stations on the state highway
67      system by July 1, 2021.
68                (3)    The goals and objectives of the master plan include,
69      but are not limited to, all of the following:
70                (a)    Identifying optimal locations on the state highway
71      system for the development of electric vehicle charging stations
72      as a means of facilitating electric vehicle short-range and
73      long-range travel and adequately serving evacuation routes in
74      this state.
75                (b)    Identifying locations that would serve existing

                                                      Page 3 of 6

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                 hb7099-00
FLORIDA                        H   O   U   S   E      0    F     REPRESENTATIVES




         HB 7099                                                                  2020




 76      electric vehicles or encourage the expansion of electric vehicle
 77      use in this state.
 78                (c)   Evaluating and comparing the types of electric vehicle
 79      charging stations available at present and in the future,
 80      including the technology and infrastructure incorporated in such
 81      stations, for the purpose of identifying any advantages to
 82      developing a particular type of station.
 83                (d)   Evaluating the economic potential for electric vehicle
 84      charging stations in this state and considering strategies to
 85      develop that potential, including, but not limited to, methods
 86      of building partnerships with local governments, other state and
 87      federal entities, electric utilities, the business community,
 88      and the public in support of electric vehicle charging stations.
 89                (e)   Identifying specific projects that will accomplish the
 90      goals and objectives of this section.
 91                (4)   After its adoption, the master plan shall be updated
 92      annually by July 1.
 93                Section 3.       Subsection (11) of section 704.06, Florida
 94      Statutes, is amended to read:
 95                704.06      Conservation easements; creation; acquisition;
 96      enforcement.-
 97                (ll)J..tl    Nothing in This section or other provisions of law
 98      do not shall be eonstrued to prohibit or limit the owner of
 99      land, or the owner of a conservation easement over land, to
100      voluntarily negotiate the sale or use utilization of such lands

                                                       Page 4 of 6

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                 hb7099-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 7099                                                                            2020




101      or easement for the construction and operation of linear
102      facilities,        including electric transmission and distribution
103      facilities,        telecommunications transmission and distribution
104      facilities, pipeline transmission and distribution facilities,
105      public transportation corridors, and related appurtenances, nor
106      does shall this section prohibit the use of eminent domain for
107      said purposes as established by law. In any legal proceeding to
108      condemn land for the purpose of construction and operation of a
109      linear facility as described above, the court shall consider the
110      public benefit provided by the conservation easement and linear
111      facilities in determining which lands may be taken and the
112      compensation paid.
113                (b)   For any land that has traditionally been used for
114      agriculture, as that term is defined ins. 570.02, and is
115      subject to a conservation easement entered into at any time
116      pursuant to s. 570.71, this section ors. 570.71 does not limit
117      the owner of the land to voluntarily negotiating the use of the
118      land for any public or private linear facility,                      right of access,
119      and related appurtenances, and reasonable compensation based on
120      diminution in value of its interest in the conservation easement
121      shall be the only remedy to the owner of the conservation
122      easement for the construction and operation of any public or
123      private linear facilities and related access and appurtenances.
124                (c)   This section does not preclude the applicability of
125      any environmental permitting requirements applicable to a linear

                                                       Page 5 of 6

      CODING: Words strioken are deletions; words underlined are additions.
                                                                                           hb7099-00
FLORIDA                        H   O    U   S   E      0   F      REPRESENTATIVES




         HB 7099                                                                     2020



126      facility pursuant to cha2ters 369-380 or chapter 403 or any
127      agency rules ado2ted 2ursuant to those cha2ters.
128                Section 4.        The Legislature finds and declares that this
129      act fulfills an important state interest.
130                Section 5.       This act shall take effect July 1, 2020.




                                                       Page 6 of 6

      CODING: Words strieken are deletions; words underlined are additions.
                                                                                    hb7099-00
0 .,,
en o
o  en
~o'
:c ...
CD
co
U)
OI
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for CS/CS/HB 895    Insurance
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                     ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                         Lloyd        ...      Hamon


                                                         SUMMARY ANALYSIS
The bill makes the following changes regarding insurance:
Civil Remedies against Insurers
Florida law imposes a duty of good faith on an insurer in negotiating the settlement of a claim with the insured
or a third party. This means the insurer must attempt in good faith to settle a claim when, under the
circumstances, it can settle if it acts fairly and honestly toward its insured and with due regard to his or her
interest. An insurer acting in bad faith may harm the insured party, by failing to settle a third party's claim
against the insured, exposing the insured to greater liability. It could also harm a third party to the insurance
contract by failing to settle its claim against the insured. Either an insured or a third party to the insurance
contract can sue the insurer for bad faith. A jury decides whether the insurer acted in bad faith and determines
the amount of damages.
•    Claimant's Good Faith Requirement - The bill creates a statutory good faith obligation on the insured, claimant,
     and the representative of the insured or claimant. In an action alleging insurer bad faith, the jury (or judge, in a
     bench trial) must consider whether the plaintiff and their representative acted in good faith and if they failed to
     so act, make a reasonable reduction in the damages awarded, if any.
•    Bar to Civil Remedy - The bill prohibits a third-party lawsuit for insurer bad faith in a liability claim, if there is a
     single claimant and the insurer paid the lesser of the claimant's demand or policy limits or if there are multiple
     claimants and the insurer submits the matter at policy limits to the court for resolution of the claimant's
     percentage share of the policy limit amount either within 90 days following the second notice of claim or during
     the 60-day cure period following receipt of the required pre-suit notice.
•    Filing of Pre-Suit Notice and Tolling of Statute of Limitation - Florida law requires a pre-suit notice to the
     Department of Financial Services (DFS) and the insurer 60 days prior to suing on a bad faith claim, but no
     particular insurer address is specified. The bill requires the insurer to designate an email address for delivery of
     the notice and mandates that DFS forward notices to that email. It starts the 60 days from the day the insurer
     receives the forwarded notice. Also, it extends the statute of limitation for 60 days, if the property appraisal
     process is invoked in the claim.
Motor Vehicle Personal Injury Protection
Florida's Motor Vehicle No-Fault Law requires motorists to carry no-fault insurance known as personal injury
protection (PIP) coverage. In exchange for a limited exemption from tort liability, drivers receive $10,000 in
emergency medical and disability benefits ($2,500 for non-emergency medical conditions) and certain other
benefits. Medical benefit payments are overdue if not paid within 30 days. Medical providers may sue insurers for
overdue payments only after filing a written pre-suit notice known as a PIP demand letter. The law specifies the
minimum content of the demand letter.
•    Pre-Suit Notice (Demand Letter) -The bill increases requirements governing the content of the demand letter,
     including line item detailing of the amounts in dispute and proof of emergency medical condition, if applicable. It
     requires the demand letter to substantially comply with statutory requirements. The bill bars a subsequent
     lawsuit if the demand letter was not substantially compliant, the insurer fully paid the claim, or the charge was
     not included on a demand letter.
The bill has no impact on state or local government revenues or expenditures. It may have a positive impact on
the private sector.
The bill is effective on July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0895.COM.D0CX
DATE: 2/26/2020
                                                              FULL ANALYSIS

                                                       I. SUBSTANTIVE ANALYSIS

          A. EFFECT OF PROPOSED CHANGES:
            Obligations of Insurer to Insured

            A liability insurer generally owes two major contractual duties to its insured in exchange for premium
            payments-the duty to indemnify and the duty to defend. The duty to indemnify refers to the insurer's
            obligation to issue payment either to the insured or a beneficiary on a valid claim. The duty to defend
            refers to the insurer's duty to provide a defense for the insured in court against a third party with respect
            to a claim within the scope of the insurance contract. 1 The Florida Supreme Court explained the
            difference between indemnity policies and liability policies:

                     Under indemnity policies, the insured defended the claim and the insurance company
                     simply paid a claim against the insured after the claim was concluded. Under liability
                     policies, however, insurance companies took on the obligation of defending the insured,
                     which, in turn, made insureds dependent on the acts of the insurers; insurers had the
                     power to settle and foreclose an insured's exposure or to refuse to settle and leave the
                     insured exposed to liability in excess of policy limits. 2

            Historically, damages in actions for breaches of insurance contracts were limited to those contemplated
            by the parties when they entered into the contract. 3 As liability policies began to replace indemnity
            policies as the standard insurance policy form, courts recognized that insurers owed a duty to act in
            good faith towards their insureds. 4

            Common Law and Statutory Bad Faith

            Florida courts for many years have recognized an additional duty that does not arise directly from the
            insurance contract, the common law duty of good faith on the part of an insurer to the insured in
            negotiating settlements with third-party claimants. 5 The common law rule is that a third-party beneficiary
            who is not a formal party to a contract may sue for damages sustained as the result of the acts of one
            of the parties to the contract. 6 This is known as a third-party claim of bad faith.

            At common law, the insured cannot raise a bad faith claim against the insurer outside of the third-party
            claim context. 7 In 1982, the Legislature enacted s. 624.155, F.S. Section 624.155, F.S., recognizes a
            claim for bad faith against an insurer not only in the instance of settlement negotiations with a third
            party but also for an insured seeking payment from his or her own insurance company. This is known
            as a first-party claim of bad faith.

            Section 624.155, F.S., provides that any party may bring a bad faith civil action against an insurer, and
            defines bad faith on the part of the insurer as:

            •   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;
            •   Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth
                the coverage under which payments are being made; or



1 See 16 Williston on Contracts s. 49:103 (41h Ed.).
2
    State Farm Mutual Automobile Insurance Company v. Laforet, 658 So.2d 55, 58 (Fla. 1995).
i Id.
4
    Id.
5 Auto. Mut. lndem. Co. v. Shaw, 184 So. 852 (Fla. 1938).
6
    Thompson v. Commercial Union Insurance Company, 250 So.2d 259 (Fla. 1971 ).
7
    Laforet, 658 So.2d at 58-59.
STORAGE NAME: pcs0895.COM.DOCX                                                                                    PAGE: 2
DATE: 2/26/2020
         •    Except as to liability coverages, failing to promptly settle claims, when the obligation to settle the
              claim has become reasonably clear, under one portion of the insurance policy coverage in order to
              influence settlements under other portions of the insurance policy coverage. 8

         In order to bring a bad faith claim under the statute, a plaintiff must first give the insurer 60 days written
         notice of the alleged violation. The insurer has 60 days after the required notice is filed to pay the
         damages or correct the circumstances giving rise to the violation. 9 Because first-party claims are only
         statutory, a first-party insurer bad faith cause of action does not exist until the 60-day cure period
         provided in the statute expires without payment by the insurer. 10 Third-party claims, on the other hand,
         exist both in statute and at common law, so the insurer cannot guarantee avoidance of a bad faith claim
         by curing within the statutory period. 11

         In interpreting what it means for an insurer to act fairly toward its insured, Florida courts have held that
         when the insured's liability is clear and an excess judgment is likely due to the extent of the resulting
         damage, the insurer has an affirmative duty to initiate settlement negotiations. 12 If a settlement is not
         reached, the insurer has the burden of showing that there was no realistic possibility of settlement
         within policy limits. 13 Failure to settle on its own, however, does not mean that an insurer acts in bad
         faith. Negligent failure to settle does not rise to the level of bad faith. Negligence may be considered by
         the jury because it is relevant to the question of bad faith but a cause of action based solely on
         negligence is not allowed. 14

         Third-Party Claims of Bad Faith

         A third-party bad faith claim arises when an insurer fails in good faith to settle a third party's claim
         against the insured within policy limits and exposes the insured to liability in excess of his or her
         insurance coverage. 15 The Florida Supreme Court has described an insurer's duty to its insureds:

                   An insurer, in handling the defense of claims against its insured, has a duty to use the
                   same degree of care and diligence as a person of ordinary care and prudence should
                   exercise in the management of his own business. For when the insured has surrendered
                   to the insurer all control over the handling of the claim, including all decisions with regard
                   to litigation and settlement, then the insurer must assume a duty to exercise such control
                   and make such decisions in good faith and with due regard for the interests of the
                   insured. This good faith duty obligates the insurer to advise the insured of settlement
                   opportunities, to advise as to the probable outcome of the litigation, to warn of the
                   possibility of an excess judgment, and to advise the insured of any steps he might take
                   to avoid same. The insurer must investigate the facts, give fair consideration to a
                   settlement offer that is not unreasonable under the facts, and settle, if possible, where a
                   reasonably prudent person, faced with the prospect of paying the total recovery, would
                   do so. Because the duty of good faith involves diligence and care in the investigation
                   and evaluation of the claim against the insured, negligence is relevant to the question of
                   good faith. The question of failure to act in good faith with due regard for the interests of
                   the insured is for the jury. 16




8
   S. 624.155(l)(b)l.-3., F.S.
9
  S. 624.155(3)(d), F.S.
10
    Talat Emterprises vv. Aetna Casualty and Surety Company, 753 So.2d 1278, 1284 (Fla. 2000).
11
    Macola v. Government Employees Insurance Company, 953 So.2d 451 (Fla. 2006).
12
    Powell v. Prudential Property and Casualty Insurance Company, 584 So.2d 12, 14 (Fla. 3d DCA 1991 ).
t3 Id.
14
    Delaune v. Liberty Mutual Insurance Company, 314 So.2d 601,603 (Fla. 4th DCA 1975).
15
    Opperman v. Nationwide Mutual Fire Insurance Company, 515 So.2d 263, 265 (Fla. 5th DCA 1987).
16
    Boston Old Colony Insurance Company v. Gutierrez, 386 So.2d 783, 785 (Fla. l 980)(intemal citations omitted).
STORAGE NAME: pcs0895.COM.D0CX                                                                                      PAGE: 3
DATE: 2/26/2020
          In light of this heightened duty on the part of the insurer, Florida courts focus on the actions of the
          insurer, not the claimant. 17 Whether an insurer acted in bad faith is determined by the totality of the
          circumstances:

                    In Florida, the question of whether an insurer has acted in bad faith in handling claims
                    against the insured is determined under the totality of the circumstances standard. Each
                    case is determined on its own facts and ordinarily the question of failure to act in good
                    faith with due regard for the interests of the insured is for the jury. 18

          The focus in a bad faith case is on the conduct of the insurer but the conduct of the claimant is relevant
          to whether there was a realistic opportunity for settlement. 19 A court, for example, will look at the terms
          of a demand for settlement to determine if the insurer was given a reasonable amount of time to
          investigate the claim and make a decision whether settlement would be appropriate under the
          circumstances. One court held that dismissal of a bad faith claim was proper where the settlement
          demand in question gave a 10-day window, pointing out that "[i]n view of the short space of time
          between the accident and institution of suit, the provision of the offer to settle limiting acceptance to 10
          days made it virtually impossible to make an intelligent acceptance." 20 Although in this particular
          circumstance the court found that 10 days was not enough, it is not clear exactly what time period or
          other conditions for acceptance would be permissible, because courts look at the facts on a case-by-
          case basis and the current statute is silent on this point.

          In Berges v. Infinity Insurance Company, dissenting justices expressed concern that there "is a strategy
          which consists of setting artificial deadlines for claims payments and the withdrawal of settlement offers
          when the artificial deadline is not met." 21 It was argued that it is a "common practice for a party
          contemplating litigation to submit a settlement offer that remains outstanding for only a finite period and
          that a person injured by a policyholder may set any deadlines he desires-even an arbitrary or
          unreasonable one." 22 Justice Wells concluded that set time periods in which all insurers must make
          decisions on claims and issue payments are needed. 23

          The majority in Berges held that courts must look to the totality of the circumstances. "The question of
          bad faith in this case extends to [the insurer's] entire conduct in the handling of the claim, including the
          acts or omissions [of the insurer] in failing to ensure payment of the policy limits within the time
          demands." 24 Another court argued that setting a "minimum amount of time before any finding of bad
          faith is possible runs counter to the analysis of ordinary care and prudent business practice ... Juries
          are empaneled to apply the appropriate criteria to the particular facts of a given situation and to decide
          whether the insurer acted prudently." 25

          In Harvey v. Geico General Insurance Company, 26 the Florida Supreme Court explained that the critical
          inquiry in a bad faith case is whether "the insurer diligently, and with the same haste and precision as if
          it were in the insured's shoes, worked on the insured's behalf to avoid an excess judgment." 27 The court
          said an insurer has an affirmative duty to initiate settlement negotiations in cases where liability is clear
          and a judgment in excess of policy limits is likely. 28 The court said the lower court misapplied precedent
          when it said an insurer could not be liable for bad faith when the insured's own actions were at least in
          part responsible for the excess judgment. 29

17
   Berges v. Infinity Insurance Company, 896 So.2d 665,677 (Fla. 2005)(explaining that "the focus in a bad faith case is not on the actions of the
claimant but rather on those of the insurer in fulfilling its obligations to the insured").
18
   Berges, 896 So.2d at 680 (internal quotations and citations omitted).
19
   Barry v. GEICO General Insurance Company, 938 So.2d 613,618 (Fla. 4th DCA 2006).
20
   Delaune v. Liberty Mut. Ins. Co., 314 So.2d 601,603 (Fla. 4th DCA 1975).
21
   Berges, 896 So.2d at 685 (Wells, J., dissenting).
22
   Id. at 692 (Cantero, J., dissenting).
23
   Id. at 686 (Wells, J ., dissenting).
24
   Berges, 896 So.2d at 627.
25
   Snowden ex. rel. Estate ofSnowden v. Lumbermans Mutual Casualty Company, 358 F.Supp.2d 1125, 1129 (N.D. Fla. 2003).
26
   Harvey v. Geico General Insurance Company, 259 So.3d 1 (Fla. 2018).
27
   Id. at 7.
28 Id.
29
   Id. at 11.
STORAGE NAME: pcs0895.COM.D0CX                                                                                                                PAGE: 4
DATE: 2/26/2020
            The Good Faith Duty in a Multiple Claimant Situation

            In 2003, the Fourth District Court of Appeal considered how an insurer should carry out its duty of good
            faith in a case with multiple claimants where the total damages far exceeded policy limits. 30 In that
            case, the insured caused an automobile accident where five teens were killed and seven more were
            seriously injured. The insurance company settled with three of the claimants and exhausted policy limits
            on those settlements. Numerous claimants filed third-party bad faith claims against the insurer alleging
            the insurer entered into settlements without due regard for the interests of the insured. 31

            The court held that the same duties of good faith set forth in Boston Old Colony applied when there
            were multiple claimants. The insurer must investigate all claims, keep the insured informed, and
            minimize the amount of excess judgments by reasoned claim settlement. The insurer may still decide to
            settle some claims and exclude others but the decision must be made "in keeping with its good faith
            duty." 32

             In Hernandez v. Travelers Insurance Co., 33 the court considered whether an insurance company, which
             may be liable to several persons because of the negligence of its insured, could file an interpleader
             action (an action where the court determines the distribution of the funds up to policy limits). The court
             held that interpleader is not allowed under such circumstances. The court explained:

                       The plaintiff insurance company has only the derivative liability from its insured. One of
                       its liabilities is to defend its insured in the courts. It may not discharge that liability by
                       depositing a sum of money and saying to the courts, "divide it up." If the defendants
                       were all claiming the proceeds of a single fund and liability could exist as to only one of
                       the claimants, an interpleader would be appropriate. In the present cause, one action
                       cannot determine the entire controversy and liability may exist as to more than one
                       claimant. 34

             Pre-Suit Notice and Tolling of the Statute of Limitation

             In order to bring a bad faith claim under the statute, a plaintiff must first give the insurer and the
             Department of Financial Services (DFS) 60 days' written notice of the alleged violation. 35 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, 36 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. 37

             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;

3
 °Farinas v. Florida Farm Bureau General Ins. Co., 850 So.2d 555 (Fla. 4th DCA 2003).
31
     Id. at 557-558.
32 Id. at 561.
33 356 So.2d 1342 (Fla.   yct DCA 1978).
34
   See Hernandez, 356 So.2d at 1344.
35
   S. 624.155(3)(a), F.S.
36
   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.
37 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.
STORAGE NAME: pcs0895.COM.D0CX                                                                                                                 PAGE: 5
DATE: 2/26/2020
            •    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. 38

            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.

            Effect of the bill

            Claimant's Good Faith Requirement

            The bill creates a statutory good faith obligation on the insured, claimant, and the representative of the
            insured or claimant. They must act in good faith in providing claim information, their demands against
            the insurer, including setting deadlines that the insurer is expected to abide by, and in negotiating
            settlement opportunities.

            In any action claiming insurer bad faith under s. 624.155(1 )(b)1., F.S., the jury (or the judge, in the case
            of a bench trial) must consider whether the insured or claimant, as applicable, or their representative
            made good faith efforts to cooperate with the insurer's claim investigation. If the jury or judge, as
            applicable, determines that they failed to act in good faith, then the jury or judge must make a
            reasonable reduction in the damages awarded.

            Bar to Civil Remedy against Insurers

            In a third-party action for insurer bad faith regarding a liability claim, the action is barred, if:

            •   There is a single claimant and the insurer pays the claimant's demand or offers the policy limits,
                whichever is less, during the pendency of the claim through the end of the 60-day cure period
                following receipt of the required pre-suit notice.
            •   There are two or more claimants related to a single event whose combined claims exceed policy
                limits and the insurer submits the matter to the court to allow the court to determine the each
                claimant's relative share of the policy limits. Submission of the matter to the court must occur within
                90 days of the second claimant filing a notice of claim or during the 60-day cure period that follows
                insurer receipt of the required pre-suit notice. Nonetheless, the insurer remains obligated to defend
                the insured.

            Filing of the Pre-Suit Notice and Tolling of the Statute of Limitation

            The bill provides that DFS must forward the required pre-suit notice via email to the insurer. It also
            requires the insurer to designate an email address for the purposes of receiving such notices forwarded
            by DFS. Additionally, the bill clarifies that the 60-day cure period runs from the date the insurer receives
            the notice from DFS at the designated email address, rather than following "filing," which is not
            currently defined. Since the notices will no longer be mailed and emailing them is a nearly
            instantaneous process, the bill changes the statute of limitation tolling period from 65 days to 60 days,
            thus removing the 5 days allotted for physical mailing through the postal service.

            Motor Vehicle Personal Injury Protection - Pre-Suit Notice (Demand Letter)

            Florida's Motor Vehicle No-Fault Law (No-Fault Law) 39 requires motorists to carry no-fault insurance
            known as personal injury protection (PIP) coverage. The purpose of PIP coverage under the No-Fault
            Law is to provide for medical, surgical, funeral, and disability insurance benefits without regard to who
            is responsible for a motor vehicle accident. In return for assuring payment of these benefits, the No-

3s S. 624.155(3)(b), F.S.
39
     Ss. 627.730-627.7405, F.S.
STORAGE NAME: pcs0895.COM.DOCX                                                                                       PAGE: 6
DATE: 2/26/2020
          Fault Law provides limitations on the right to bring lawsuits arising from motor vehicle accidents. Florida
          motorists are required to carry $10,000 of PIP coverage. 40 However, motorcycles are excluded from
          this requirement.

          PIP General Provisions

              Required Coverage                       All owners or registrants of motor vehicles with four or more wheels,
                                                      except school buses, limos, and taxicabs, are required to carry PIP. 41
               Individuals Covered                    The named insured, relatives living in the same household, persons
                                                      operating the vehicle, passengers in the vehicle, and persons struck
                                                      and injured while not occupying the vehicle.
               Tort Limitation                        Limited exemption from tort liability; injured persons may pursue
                                                      certain tort claims as specified by the PIP law.
              Benefits                                $10,000 in emergency medical and disability benefits (limited to
                                                      $2,500 in medical benefits for non-emergency medical conditions) and
                                                      $5,000 in death benefits. Coverage of 60 percent of lost income due
                                                      to disability, not to exceed the $10,000 overall benefit limitation.
               Timely Treatment                       Medical benefits are paid only if initial treatment is received within 14
                                                      days of the accident.
               Timely Payment                         Payments are overdue if not paid within 30 days of insurer receipt of
                                                      written notice.
               Medical Reimbursement                  80 percent of reasonable medical expenses paid to eligible medical
                                                      providers. 42
               Excluded Treatment                     Massage and acupuncture are not PIP medical benefits. Services,
                                                      supplies, or care that is not reimbursable under Medicare or workers'
                                                      compensation is not required to be reimbursed by the insurer.
              Attorney Fees                           Prevailing insureds and beneficiaries may receive a reasonable
                                                      attorney fees award.

          Pre-Suit Notice (Demand Letter)

          Before anyone can sue for benefits under PIP coverage, they must file a written pre-suit notice with
          insurer. The pre-suit notice cannot be filed until the claim payment is overdue. The notice must include
          the following:

          •    The phrase "demand letter under s. 627.736";
          •    The name of the insured;
          •    A copy of assignment of rights, if the matter is brought by a third-party;
          •    The claim number or policy number;
          •    And the following, if the circumstances apply:
               o Name of the medical provider (for treatment, services, accommodations, or supplies);
               o An itemized statement specifying: 43
                  • The exact amount;

40 S. 627.7275, F.S. Under Florida's Financial Responsibility Law (ch. 324, F.S.), motorists must also provide proofofability to pay monetary

damages for Bodily Injury and Property Damage liability at the time of motor vehicle accidents or when serious traffic violations occur. The
Financial Responsibility Law requires $10,000, per person, and $20,000, per incident, of Bodily Injury coverage, and $10,000 of Property Damage
liability coverage.
41
   This includes non-resident owners who keep a vehicle in Florida for more than 90 days during the previous 365 day. S. 627.733(2), F.S.
42
   Insurers may limit reimbursements to a fee schedule tied to the Medicare allowed amount. S. 627.736(5)(a) 1., F.S. For many services, 80 percent
of200 percent of the Medicare allowed amount is the standard reimbursement under this fee schedule.
43
   A completed claim form [CMS 1500 form, UB-92 form (HICF A 1450), or form adopted by the Office of Insurance Regulation, as applicable] or
lost wage statement previously submitted to the insurer may be used as the itemized statement. S. 627.736(10)(b)3., F.S. The CMS 1500 form and
UB-92 form (HICF A 1450) are standardized medical billing forms.
STORAGE NAME: pcs0895.COM.D0CX                                                                                                              PAGE: 7
DATE: 2/26/2020
                    • Date of treatment, service, or accommodation; and
                    • The type of benefit due;
               o    If the demand letter is responding to a withdrawal of pre-payment for services:
                    • A copy of the insurer's notice of withdrawal; and
                    • An itemized statement of the type, frequency, and duration of future treatment claimed to be
                         reasonable and medically necessary.

          The demand letter must be sent by certified or registered U.S. Mail, return receipt requested. 44 The
          letter must be sent to the name and address designated by the insurer for receipt of PIP demand letters
          pursuant to statute. 45

          Civil actions on the claim detailed in the demand letter are barred if the insurer pays the overdue claim,
          along with a 10 percent penalty and interest (not to exceed $250), within 30 days of receipt of the
          letter. 46 The insurer is not liable for the claimant's attorney fees if they timely comply with these
          requirements.

          The filing of a demand letter tolls the applicable statute of limitations for 30 days.

          Effect of the bill

          The bill applies the demand letter requirements to any related relief (i.e., attorney fees}, in addition to
          the PIP benefits sought by the claimant. It also adds the following requirements:

          •    The demand letter must also include:
               o A copy of the signed assignment of rights, if the claimant is not the insured;
                  • The assignment must predate the treatment, service, or accommodation, as applicable;
               o Both the claim number and the policy number, rather than one or the other;
               o The itemized statement must:
                  • Identify each treatment, service, or accommodation provided to the insured;
                  • Specify, using the previously billed line items, the:
                     • Date of each treatment, service, or accommodation;
                     • Amount charged; and
                     • Include the CMS 1500 form, UB-92 (HICFA 1450 form}, or OIR form, as applicable;
                  • Identify all billed line items in dispute;
                  • State:
                     • The factual or legal basis for the contention that the underpayment or non-payment is
                        incorrect;
                     • The amount that the claimant contends the insurer is required to pay, including
                        penalties, interest, and postage due.

          If the claimant contends that the insured sustained an emergency medical condition, the demand letter
          must include documentation of the emergency medical condition from a medical provider allowed under
          the PIP law to determine such conditions. 47

          The demand letter must substantially comply with the statutory requirements. If it does not substantially
          comply:

               •    The penalty and interest due under the statute are waived; and

44
   The postal costs may be recovered from the insurer, if they are requested in the demand letter. S. 627.736(10)(c), F.S.
45
   "Each licensed insurer, whether domestic, foreign, or alien, shall file with the [Office of Insurance Regulation] the name and address of the
designated person to whom notices must be sent which the [Office of Insurance Regulation] shall make available on its Internet website. The name
and address on file with the [Office of Insurance Regulation] pursuant to s. 624.422 is deemed the authorized representative to accept notice pursuant
to this subsection ifno other designation has been made." S. 627.736(IO)(c), F.S.
46
   In cases where the letter responded to a withdrawal of pre-payment of services, the action is barred if the insurer provides a written agreement
within 30 days to pay for such services and to pay a IO percent penalty (not to exceed $250) when the insurer pays for the future treatment. S.
627.736(10)(d), F.S.
47
   Under PIP, non-emergency benefits are limited to $2,500, while emergency medical conditions may increase coverage to $IO,OOO.
STORAGE NAME: pcs0895.COM.D0CX                                                                                                               PAGE: 8
DATE: 2/26/2020
           •   The civil action is barred.

       The civil action is also barred if the insurer timely issues full payment within the time allowed to respond
       to the demand letter with payment, or if the civil action is for a claim for non-payment or underpayment
       that was not identified on a demand letter.

   B. SECTION DIRECTORY:
       Section 1: Amends s. 624.155, F.S., relating to civil remedy.
       Section 2: Amends s. 624.422, F.S., relating to service of process; appointment of Chief Financial
                  Officer as process agent.
       Section 3:Amends s. 627.736, F.S., relating to required personal injury protection benefits; exclusions;
                  priority; claims.
       Section 4. Providing an effective date of July 1, 2020.

                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       If litigation rates and costs are reduced, consumers may experience lower insurance costs.

   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
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.


STORAGE NAME: pcs0895.COM.D0CX                                                                              PAGE: 9
DATE: 2/26/2020
   B. RULE-MAKING AUTHORITY:
       The bill neither authorizes nor requires the adoption of rules.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                        IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0895.COM.DOCX                                           PAGE: 10
DATE: 2/26/2020
F       L   O   R     D A          H   O   U   S   E    0   F      REPRESENTATIVES




            PCS for CS/CS/HB 895                       ORIGINAL                            2020



    1                                          A bill to be entitled
    2               An act relating to insurance; amending s.                   624.155,
    3               F.S.; revising requirements and procedures for the
    4               civil remedy notice provided to insurers and the
    5               Department of Financial Services; revising the
    6               timeframe for an insurer to pay damages or for certain
    7               circumstances to be corrected; revising the period the
    8               statute of limitations is tolled; creating a duty of
    9               good faith by persons claiming against an insurer;
10                  providing that an insurer does not violate its good
11                  faith duty to settle claims and is not liable for a
12                  certain failure if it meets certain conditions;
13                  providing a limitation on an insurer's liability to
14                  third-party claimants, under certain circumstances;
15                  requiring triers of fact, under certain circumstances,
16                  to consider whether insureds, claimants, or their
17                  representatives made good faith efforts to cooperate
18                  with insurers' investigations; requiring a reduction
19                  or elimination of damages awarded against an insurer
20                  for bad faith where the insured or claimant has also
21                  acted in bad faith; amending s. 624.422, F.S.,
22                  requiring insurers to file with the department certain
23                  contact information for service of process; amending
24                  s. 627.736, F.S.; specifying information required as
25                  part of a pre-suit notice in motor vehicle personal

                                                         Page 1 of 10

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




        PCS for CS/CS/HB 895                       ORIGINAL                            2020



26              injury protection claims; requiring information
27              relating to treatment and services provided to
28              claimants; requiring the identification of payments in
29              dispute; requiring claimants to substantially comply
30              with notice requirements; prohibiting relief to
31              claimants in certain circumstances; providing an
32              effective date.
33
34      Be It Enacted by the Legislature of the State of Florida:
35
36              Section 1.         Subsection (3) of section 624.155,        Florida
37      Statutes, is amended to read:
38              624.155        Civil remedy.-
39               ( 3) (a)    As a condition precedent to bringing an action
40      under this section, the department and the authorized insurer
41      must have been given 60 days' written notice of the violation.
42      Notice to the authorized insurer must be forwarded by the
43      department to the insurer at the e-mail address designated by
44      the insurer under s.               624.422.
45               (b)    The notice shall be on a form provided by the
46      department and shall state with specificity the following
47      information, and such other information as the department may
48      require:
49              1.     The statutory provision, including the specific
50      language of the statute, which the authorized insurer allegedly

                                                      Page 2 of 10

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




        PCS for CS/CS/HB 895                       ORIGINAL                    2020



51      violated.
52              2.     The facts and circumstances giving rise to the
53      violation.
54              3.     The name of any individual involved in the violation.
55              4.     Reference to specific policy language that is relevant
56      to the violation, if any. If the person bringing the civil
57      action is a third party claimant, she or he shall not be
58      required to reference the specific policy language if the
59      authorized insurer has not provided a copy of the policy to the
60      third party claimant pursuant to written request.
61              5.     A statement that the notice is given in order to
62      perfect the right to pursue the civil remedy authorized by this
63      section.
64               (c)l..:_   No action shall lie if, within 60 days after the
65      insurer receives filing notice from the department in accordance
66      with this subsection, the damages are paid or the circumstances
67      giving rise to the violation are corrected.
68              2.     A third-party claimant shall have no action under sub-
69      paragraph (1) (b) 1. if:
70              a.     There is a single claimant in a liability claim and the
71      insurer offers the lesser of policy limits or the claimant's
72      demand prior to the end of the 60 days, including the period
73      prior to the 60 days; or
74              b.     If there are two or more claimants in a liability claim
75      making claims arising out of a single occurrence which in total

                                                      Page 3 of 10

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




         PCS for CS/CS/HB 895                       ORIGINAL                                 2020



 76      exceed the available policy limits of one or more of the insured
 77      parties who may be liable to the claimants, an insurer is not
 78      liable beyond the available policy limits for failure to pay all
 79      or any portion of the available policy limits to one or more of
 80      the claimants, if within 90 days after receiving notice of the
 81      second claim or during the 60 days the insurer files an
 82      interpleader action under the Florida Rules of Civil Procedure.
 83      The claimants are entitled to a prorated share of the policy
 84      limits as determined by the trier of fact. An insurer's
 85      interpleader action does not alter or amend the insurer's
 86      obligation to defend its insured.
 87               (d)    The authorized insurer that is the recipient of a
 88      notice filed pursuant to this section shall report to the
 89      department on the disposition of the alleged violation.
 90               (e)    The applicable statute of limitations for an action
 91      under this section shall be tolled for a period of 60                -6-§.   days
 92      after the insurer receives from the department by the mailing of
 93      the notice required by this subsection or the mailing of a
 94      subsequent notice required by this subsection.
 95               (f)    A notice required under this subsection may not be
 96      filed within 60 days after appraisal is invoked by any party in
 97      a residential property insurance claim.
 98               (10) (a)      The insured, claimant, or representative of the
 99      insured or claimant has a duty to act in good faith in
100      furnishing information regarding the claim, in making demands of

                                                       Page 4 of 10

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




         PCS for CS/CS/HB 895                       ORIGINAL                     2020



101      the insurer, in setting deadlines, and in attempts to settle a
102      claim. This duty does not create a separate cause of action and
103      may only be used as a setoff against damages awarded pursuant to
104      this subsection.
105               (b) In any action pursuant to sub-paragraph ( 1) (b) 1. :
106              1.     the trier of fact must consider whether the insured,
107      claimant, or representative of the insured or claimant made good
108      faith efforts to cooperate with the insurer in the investigation
109      of the claim.
110              2.     If the trier of fact finds that the insured, claimant,
111      or representative of the insured or claimant did not act in good
112      faith, the trier of fact must reasonably reduce the damages
113      awarded against the insurer.
114              Section 2.         Subsection (2) of section 624.422, Florida
115      Statutes, is amended to read:
116              624.422        Service of process; appointment of Chief Financial
117      Officer as process agent.-
118               (2)    Prior to its authorization to transact insurance in
119      this state, each insurer shall file with the department
120      designation of the name and address of the person to whom
121      process against it served upon the Chief Financial Officer is to
122      be forwarded. Each insurer shall also file with the department
123      designation of the name and e-mail address of the person to whom
124      the department shall forward civil remedy notices filed under
125      624.155. The insurer may change~ tfie designation at any time by

                                                       Page 5 of 10

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




         PCS for CS/CS/HB 895                       ORIGINAL                      2020



126      a new filing.
127              Section 3.         Subsection (10) of section 627.736, Florida
128      Statutes, is amended to read:
129              627.736        Required personal injury protection benefits;
130      exclusions; priority; claims.-
131               (10)     DEMAND LETTER.-
132               (a)     As a condition precedent to filing any action for
133      benefits or related relief under this section, written notice
134      of an intent to initiate litigation must be provided to the
135      insurer. Such notice may not be sent until the claim is
136      overdue, including any additional time the insurer has to pay
137      the claim pursuant to paragraph ( 4) (b) .
138               (b)     The notice must state that it is a "demand letter
139      under s. 627.736" and state the following with specificity:
140              1.      The name of the insured on whose behalf upon which
141      such benefits are being sought and, if the claimant is not the
142      insured, the notice shall include, including a copy of the
143      assignment signed by the insured prior to the delivery of any
144      such treatment, service or accommodation, and giving rights to
145      the claimant to seek benefits if the claiffiant is not the
146      insured.
147              2.      The claim number and e-r policy number upon which such
148      claim was originally submitted to the insurer by either the
149      claimant or the insured.
150              3.      Where To the extent applicable, the name of any

                                                       Page 6 of 10

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




         PCS for CS/CS/HB 895                       ORIGINAL                  2020



151      medical provider who rendered to an insured the treatment,
152      services, accommodations, or supplies that form the basis of
153      such claim against the insurer. The notice shall be
154      accompanied by; and an itemized statement identifying each
155      treatment, service or accommodation provided to the insured,
156      and shall specify for each such treatment, service or
157      accommodation on a line item basis as previously billed to the
158      insurer specifying each exact affiount, the date of each
159      treatment, service, or accommodation, and the amount charged
160      type of benefit claiffied to be due. A completed form satisfying
161      the requirements of paragraph ( 5) (d) or the lost-wage
162      statement previously submitted, as applicable, shall be
163      included with ffiay be uoed ao the itemized statement. To the
164      extent that the demand involves an insurer's withdrawal of
165      payment under paragraph (7) (a) for future treatment not yet
166      rendered, the claimant shall attach a copy of the insurer's
167      notice withdrawing such payment and an itemized statement of
168      the type, frequency, and duration of future treatment claimed
169      to be reasonable and medically necessary.
170              4.    The identification of all line items that the
171      claimant contends to be in dispute because of an insurer's
172      non-payment or underpayment, the legal or factual basis for
173      the claimant's position that the insurer's underpayment
174      payment or non-payment is incorrect, and the amount that the
175      clamant contends that the insurer is required to pay to fully

                                                       Page 7 of 10

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




         PCS for CS/CS/HB 895                       ORIGINAL                                    2020



176      resolve the dispute, including the specific amount of the
177      statutory penalty, interest and postage to be paid pursuant to
178      paragraphs          (d) and (e).
179               (c)    If the claimant contends that the insured had an
180      emergency medical condition, the notice shall be accompanied
181      by documentation demonstrating that the insured to whom the
182      treatment, services or accommodation was provided sustained an
183      emergency medical condition.                     The documentation shall be from
184      a provider identified in sub-paragraphs (1) (a) (1) or
185       (1) (a) (2).

186              lsU_-f-et      Each notice required by this subsection must
187      substantially comply with the requirements of paragraphs                         (b)
188      and (c) and must be delivered to the insurer by United States
189      certified or registered mail, return receipt requested. A
190      notice that does not substantially comply with the
191      requirements of paragraphs                  (b) and (c)        shall not trigger an
192      insurer's obligations under (e). Such postal costs shall be
193      reimbursed by the insurer if requested by the claimant in the
194      notice, when the insurer pays the claim. Such notice must be
195      sent to the person and address specified by the insurer for
196      the purposes of receiving notices under this subsection. Each
197      licensed insurer, whether domestic, foreign, or alien, shall
198      file with the office the name and address of the designated
199      person to whom notices must be sent which the office shall
200      make available on its Internet website. The name and address

                                                       Page 8 of 10

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




         PCS for CS/CS/HB 895                       ORIGINAL                        2020



201      on file with the office pursuant to s. 624.422 is deemed the
202      authorized representative to accept notice pursuant to this
203      subsection if no other designation has been made.
204              ~-+e-t         If, within 30 days after receipt of notice by the
205      insurer, the overdue claim specified in~ 4:-fte notice that
206      substantially complies with paragraphs (b) and (c) is paid by
207      the insurer together with applicable interest and a penalty of
208      10 percent of the overdue amount paid by the insurer, subject
209      to a maximum penalty of $250, no action may be brought against
210      the insurer. If the demand involves an insurer's withdrawal of
211      payment under paragraph (7) (a) for future treatment not yet
212      rendered, no action may be brought against the insurer if,
213      within 30 days after its receipt of the notice, the insurer
214      mails to the person filing the notice a written state~ent of
215      the insurer's agreement to pay for such treatment in
216      accordance with the notice and to pay a penalty of 10 percent,
217      subject to a maximum penalty of $250, when it pays for such
218      future treatment in accordance with the requirements of this
219      section. To the extent the insurer determines not to pay any
220      amount demanded, the penalty is not payable in any subsequent
221      action. For purposes of this subsection, payment or the
222      insurer's agreement shall be treated as being made on the date
223      a draft or other valid instrument that is equivalent to
224      payment, or the insurer's written statement of agreement, is
225      placed in the United States mail in a properly addressed,

                                                       Page 9 of 10

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




         PCS for CS/CS/HB 895                       ORIGINAL                   2020



226      postpaid envelope, or if not so posted, on the date of
227      delivery. The insurer is not obligated to pay any attorney
228      fees if the insurer pays the claim or mails its agreement to
229      pay for future treatment within the time prescribed by this
230      subsection.
231              J..!l-fet      The applicable statute of limitation for an
232      action under this section shall be tolled for 30 business days
233      by the mailing of a -8're-notice required by this subsection.
234               (g)    No action shall be filed or prosecuted by or on
235      behalf of a claimant seeking benefits or related relief
236      against an insurer:
237              1. if a substantially compliant notice is not sent to an
238      insurer;
239              2. the insurer issued full payment to the claimant in
240      response to a notice within the time frame prescribed by
241      paragraph (e); or
242              3. asserting a claim of non-payment or underpayment of
243      benefits not identified in the notice.
244              Section 4.         This act shall take effect July 1, 2020.




                                                      Page 10 of 10

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                      V
                                COMMERCE COMMITTEE

                                  PCS for CS/CS/HB 895
                                        Insurance

                                AMENDMENT SUMMARY
                                  February 27, 2020

Amendment 1 by Rep. Santiago (Line 127): The amendment revises the maximum allowable
medical charges for Personal Injury Protection insurance medical coverage related to
emergency services and care provided in a hospital, for both the hospital and a physician's or
dentist's care and services provided in the hospital, from 75 percent of usual and customary
charges to 200 percent of Medicare.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/CS/HB 895     (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 lines 127-130 and insert:
 6             Section 3.   Paragraph (a) of subsection (5) and subsection
 7     (10) of section 627.736, Florida Statutes, are amended to read:
 8             627.736   Required personal injury protection benefits;
 9     exclusions; priority; claims.-
10             (5)   CHARGES FOR TREATMENT OF INJURED PERSONS.-
11             (a)   A physician, hospital, clinic, or other person or
12     institution lawfully rendering treatment to an injured person
13     for a bodily injury covered by personal injury protection
14     insurance may charge the insurer and injured party only a
15     reasonable amount pursuant to this section for the services and
16     supplies rendered, and the insurer providing such coverage may

     PCS for CSCSHB 895 al
      Published On: 2/26/2020 6:58:25 PM
                                      Page 1 of 6
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                    Bill No. PCS for CS/CS/HB 895     (2020)
       Amendment No. 1



17     pay for such charges directly to such person or institution
18     lawfully rendering such treatment if the insured receiving such
19     treatment or his or her guardian has countersigned the properly
20     completed invoice, bill, or claim form approved by the office
21     upon which such charges are to be paid for as having actually
22     been rendered, to the best knowledge of the insured or his or
23     her guardian. However, such a charge may not exceed the amount
24     the person or institution customarily charges for like services
25     or supplies. In determining whether a charge for a particular
26     service, treatment, or otherwise is reasonable, consideration
27     may be given to evidence of usual and customary charges and
28     payments accepted by the provider involved in the dispute,
29     reimbursement levels in the community and various federal and
30     state medical fee schedules applicable to motor vehicle and
31     other insurance coverages, and other information relevant to the
32     reasonableness of the reimbursement for the service, treatment,
33     or supply.
34          1.   The insurer may limit reimbursement to 80 percent of
35     the following schedule of maximum charges:
36          a.   For emergency transport and treatment by providers
37     licensed under chapter 401, 200 percent of Medicare.
38          b.   For emergency services and care provided by a hospital
39     licensed under chapter 395, 200 percent of Medicare 75 percent
40     of the hospital's usual and custoffiary charges.
41          c.   For emergency services and care as defined bys.

     PCS for CSCSHB 895 al
      Published On: 2/26/2020 6:58:25 PM
                                   Page 2 of 6
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                       Bill No. PCS for CS/CS/HB 895   (2020)
       Amendment No. 1



42     395.002 provided in a facility licensed under chapter 395
43     rendered by a physician or dentist, and related hospital
44     inpatient services rendered by a physician or dentist, 200
45     percent of Medicare the usual and customary charges in the
46     community.
47           d.     For hospital inpatient services, other than emergency
48     services and care, 200 percent of the Medicare Part A
49     prospective payment applicable to the specific hospital
50     providing the inpatient services.
51           e.     For hospital outpatient services, other than emergency
52     services and care, 200 percent of the Medicare Part A Ambulatory
53     Payment Classification for the specific hospital providing the
54     outpatient services.
55           f.     For all other medical services, supplies, and care, 200
56     percent of the allowable amount under:
57           (I)     The participating physicians fee schedule of Medicare
58     Part B, except as provided in sub-sub-subparagraphs     (II) and
59     (III) .
60           (II)    Medicare Part B, in the case of services, supplies,
61     and care provided by ambulatory surgical centers and clinical
62     laboratories.
63           (III)    The Durable Medical Equipment Prosthetics/Orthotics
64     and Supplies fee schedule of Medicare Part B, in the case of
65     durable medical equipment.
66

     PCS for CSCSHB 895 al
      Published On: 2/26/2020 6:58:25 PM
                                      Page 3 of 6
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/CS/HB 895   (2020)
       Amendment No. 1



67     However,   if such services, supplies, or care is not reimbursable
68     under Medicare Part B, as provided in this sub-subparagraph, the
69     insurer may limit reimbursement to 80 percent of the maximum
70     reimbursable allowance under workers' compensation, as
71     determined under s.   440.13 and rules adopted thereunder which
72     are in effect at the time such services, supplies, or care is
73     provided. Services, supplies, or care that is not reimbursable
74     under Medicare or workers' compensation is not required to be
75     reimbursed by the insurer.
76          2.    For purposes of subparagraph 1., the applicable fee
77     schedule or payment limitation under Medicare is the fee
78     schedule or payment limitation in effect on March 1 of the
79     service year in which the services, supplies, or care is
80     rendered and for the area in which such services, supplies, or
81     care is rendered, and the applicable fee schedule or payment
82     limitation applies to services, supplies, or care rendered
83     during that service year, notwithstanding any subsequent change
84     made to the fee schedule or payment limitation, except that it
85     may not be less than the allowable amount under the applicable
86     schedule of Medicare Part B for 2007 for medical services,
87     supplies, and care subject to Medicare Part B. For purposes of
88     this subparagraph, the term ''service year" means the period from
89     March 1 through the end of February of the following year.
90          3.    Subparagraph 1. does not allow the insurer to apply any
91     limitation on the number of treatments or other utilization

     PCS for CSCSHB 895 al
      Published On: 2/26/2020 6:58:25 PM
                                    Page 4 of 6
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/CS/HB 895     (2020)
        Amendment No. 1



 92     limits that apply under Medicare or workers' compensation. An
 93     insurer that applies the allowable payment limitations of
 94     subparagraph 1. must reimburse a provider who lawfully provided
 95     care or treatment under the scope of his or her license,
 96     regardless of whether such provider is entitled to reimbursement
 97     under Medicare due to restrictions or limitations on the types
 98     or discipline of health care providers who may be reimbursed for
 99     particular procedures or procedure codes. However, subparagraph
100     1. does not prohibit an insurer from using the Medicare coding
101     policies and payment methodologies of the federal Centers for
102     Medicare and Medicaid Services, including applicable modifiers,
103     to determine the appropriate amount of reimbursement for medical
104     services, supplies, or care if the coding policy or payment
105     methodology does not constitute a utilization limit.
106          4.   If an insurer limits payment as authorized by
107     subparagraph 1., the person providing such services, supplies,
108     or care may not bill or attempt to collect from the insured any
109     amount in excess of such limits, except for amounts that are not
110     covered by the insured's personal injury protection coverage due
111     to the coinsurance amount or maximum policy limits.
112          5.   An insurer may limit payment as authorized by this
113     paragraph only if the insurance policy includes a notice at the
114     time of issuance or renewal that the insurer may limit payment
115     pursuant to the schedule of charges specified in this paragraph.
116     A policy form approved by the office satisfies this requirement.

      PCS for CSCSHB 895 al
       Published On: 2/26/2020 6:58:25 PM
                                    Page 5 of 6
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/CS/HB 895   (2020)
        Amendment No. 1



117     If a provider submits a charge for an amount less than the
118     amount allowed under subparagraph 1., the insurer may pay the
119     amount of the charge submitted.
120
121
122
123                       T I T L E    A ME N D ME N T
124          Remove line 24 and insert:
125     s. 627.736, F.S.; revising allowable maximum medical charges;
126     specifying information required as




      PCS for CSCSHB 895 al
       Published On: 2/26/2020 6:58:25 PM
                                   Page 6 of 6
PCS for HB 1165
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      PCS for HB 1165   Beverage Law
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                         ACTION                 ANALYST                STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Commerce Committee                                                          Willson   fl.W         Hamon

                                                         SUMMARY ANALYSIS
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco in the Department of
Business and Professional Regulation (DBPR) administers and enforces the Beverage Law.

Relating to alcoholic beverage container sizes, the bill:
• Repeals s. 564.05, F.S., relating to wine container size limitations.
• Repeals s. 564.055, F.S., relating to cider container size limitations.
• Amends s. 564.09, F.S., to clarify when an unfinished bottle of wine may be taken home by a restaurant patron.

Relating to craft distilleries, the bill:
• Clarifies that a craft distiller may blend their product with other distilled spirits.
• Increases the maximum production threshold for craft distilleries from 75,000 to 250,000 gallons.
• Authorizes the issuance of up to 3 vendor's licenses for the sale of alcoholic beverages at a craft distillery's
   licensed premises.
• Specifies that a craft distillery must have a vendor's license to ship its product to consumers located in Florida.
• Allows a craft distillery to sell, from its souvenir gift shop, up to 75,000 gallons of branded product per year. The
   craft distillery may not be licensed as a vendor, and such sales must be made in either a face-to-face
   transaction from the gift shop or as a shipment to a consumer located outside the state.
• Allows a craft distillery to be licensed as a distributor or exporter if the distillery is open to the public for tours,
   tastings, and sales at least 30 hours per week.
• Specifies that any alcoholic beverages not manufactured on-site by the distillery must be obtained through a
   licensed distributor, broker, agent or importer.
• Allows a craft distillery to receive a permit to conduct tastings and sales of its liquor products at fairs, trade
   shows, exhibitions, and festivals, subject to certain conditions.
• Authorizes a craft distillery to conduct liquor tastings anywhere that liquor may be sold.

The bill amends the Tied House Evil Law allowing certain vendors and manufacturers to enter into brand-naming
rights agreements under certain conditions.

The bill authorizes certain beverage law licensees to allow dogs in certain areas under certain conditions.

The bill defines terms and establishes a framework for the return of malt beverage products that are damaged,
undamaged, or out of code, including the return of product for freshness reasons. These provisions are similar to
provisions in federal law and Division rules. The bill also prohibits consignment sales.

DBPR estimates there will be additional resources needed to implement the bill. The bill may have a positive fiscal
impact on state revenues and for certain entities involved in the production or sale of wine, cider and distilled spirits.
See Fiscal Analysis & Economic Impact Statement.

The bill provides an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs1165.COM.DOCX
DATE: 2/24/2020
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Beverage Law - Background

         In Florida, the Beverage Law 1 regulates the manufacture, distribution, and sale of wine, beer, and liquor
         by manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco
         (Division) within the Department of Business and Professional Regulation (DBPR) administers and
         enforces the Beverage Law. 2

         "Alcoholic beverages" are defined ins. 561.01, F.S., as "distilled spirits and all beverages containing
         one-half of 1 percent or more alcohol by volume." "Malt beverages" are brewed alcoholic beverages
         containing malt. 3

         Since the repeal of Prohibition, regulation of alcohol in the United States has traditionally been based
         upon what is termed the "three-tier system." The system requires separation of the manufacture,
         distribution, and sale of alcoholic beverages. The manufacturer creates the beverages, and the
         distributor obtains the beverages from the manufacturer to deliver to the vendor. The vendor makes the
         ultimate sale to the consumer. 4

         Generally, only licensed vendors are permitted to sell alcoholic beverages directly to consumers at
         retail, and manufacturers, distributors, and exporters5 are generally prohibited from holding a vendor's
         license. 6 Manufacturers, distributors, and vendors are generally prohibited from being licensed or
         having an interest in more than one tier. Limited exceptions, subject to certain conditions, include the
         ability for a craft brewery to hold a vendor's license (tap room), a restaurant to hold a manufacturer's
         license (brew pub), and a winery to hold up to three vendor's licenses. 7

         Exceptions to the three-tier regulatory system allow certain in-state wineries, 8 craft breweries, 9 and craft
                                                         °
         distilleries to sell directly to consumers. 1 Further, certain restaurants may be granted a vendor's
         license to manufacture a limited quantity of malt beverages which can be sold to consumers for
         consumption on premises. 11

         Wineries may receive up to 3 vendor's licenses on property contiguous to the manufacturing premises
         of the winery. 12 Section 599.004, F.S., establishes the Florida Farm Winery Program within the
         Department of Agriculture and Consumer Services. The requirements for certification include that a
         winery produce or sell less than 250,000 gallons of wine annually of which 60% is made from state
         agricultural products, maintain a minimum of 5 acres of owned or managed land in Florida which
         produces commodities used in the production of wine, be open to the public for tours, tastings, and
         sales at least 30 hours each week, and pay an annual application and registration fee of $100.

1
   Section 561.01(6), F.S., provides that the "The Beverage Law" means chs. 561, 562,563,564,565, 567, and 568, F.S.
2
   S. 561.02, F.S.
3
   S. 563.01, F.S.
4
   S. 561.14, F.S.
5
   S. 561.01(16), F.S. "Exporter" means any person that sells alcoholic beverages to persons for use outside the state.
6
   S. 561.22(1), F.S.; s. 561.14(3), F.S. However, see the exceptions provided in ss. 561.221 and 565.03, F.S.
7
   See ss. 561.22, F.S.; 561.24, F.S.; 561.14(1), F.S.; and 563.022(14), F.S.
8
  Sees. 561.221(1), F.S.
9
  Sees. 561.22 I (2), F.S.
10
    Sees. 565.03, F.S.
11
    Sees. 561.221(3), F.S.
12
    Sees. 561. 221(1), F.S.
STORAGE NAME: pcs1165.COM.DOCX                                                                                            PAGE: 2
DATE: 2/24/2020
         Section 565.17, F.S., provides an exemption to the Tied-House Evil Laws, authorizing vendors and
         liquor distributors to conduct liquor tastings at any location that is allowed to sell liquor by the package
         or for consumption on premises. The tastings must be directed toward the of-age general public.

         Section 561.24, F.S., prohibits the licensing of a manufacturer as a distributor or exporter. Wineries that
         qualify as a certified Florida Farm Winery are the sole exception to this prohibition. Additionally, the
         Division may issue permits for a certified Florida Farm Winery to conduct tasting and sales of its wines
         at Florida fairs, trade shows, expositions, and festivals. The permit is limited to the length of the event.
         The certified Florida Farm Winery is required to pay all entry fees and must have a winery
         representative present during the event.

         Vendors, but not manufacturers or distributors, are allowed to make deliveries away from their place of
         business for sales actually made at their licensed place of business. Telephone, electronic, and mail
         orders received at a vendor's licensed place of business are construed as a sale actually made at the
         vendor's licensed place of business. Deliveries may be made in vehicles that are owned or leased by
         the vendor, or in a third-party vehicle pursuant to a contract with a third party with whom the vendor has
         contracted to make deliveries, including, but not limited to, common carriers. 13

         A craft brewery which also holds a vendor's license is specifically prohibited from making deliveries
         under this law. 14

         Distilleries and Craft Distilleries - Current Situation

         Section 565.01, F.S., defines the terms "liquor," "distilled spirits," "spirituous liquors," "spirituous
         beverages," or "distilled spirituous liquors" to mean "that substance known as ethyl alcohol, ethanol, or
         spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by
         whatever process produced."

         A "distillery" is a manufacturer of distilled spirits, and a "craft distillery" is a licensed distillery that
         produces 75,000 or fewer gallons of distilled spirits per calendar year on its premises. A craft distillery
         must notify the Division in writing of its decision to qualify as a craft distillery. 15

         A distillery engaged solely in the business of manufacturing distilled spirits, or a person engaged in the
         business of blending and rectifying distilled spirits must pay a state license tax of $4,000 for each plant
         or branch operating in Florida. The license tax for a craft distillery is $1,000. Persons who engage in the
         business of distilling spirits may also rectify and blend spirituous liquors without paying an additional
         license tax. 16

         According to the Division, 61 of the 64 licensed distilleries operating in Florida produce less than
         75,000 gallons of distilled spirits. 17

         A craft distillery is allowed to sell to consumers branded products, 18 distilled on the licensed premises,
         in factory-sealed containers that are filled at the distillery and sold for off-premises consumption only.
         The sales must occur at the distillery's souvenir gift shop located on private property contiguous to the
         licensed distillery premises, and included on the sketch submitted with the license application. Sales
         must be in face-to-face transactions with consumers who are making a purchase of no more than six


13
   S. 561.57(1) & (2), F.S.
14
   Ss. 561.221 (2)(d), and 565.57(1), F.S.
15
   Ss. 565.03(l)(b) & (c), F.S.
16
   S. 565.03(2)(b), F.S.
17
   Department of Business and Professional Regulation, Agency Analysis of2020 HB 583, p. 5-6 (Dec. 6, 2019).
18
   Section 565.03(l)(a), F.S., defines "branded product" to mean "any distilled spirits product manufactured on site, which requires a
federal certificate and label approval by the Federal Alcohol Administration Act or federal regulations."
STORAGE NAME: pcs1165.COM.DOCX                                                                                                  PAGE: 3
DATE: 2/24/2020
            individual containers of each branded product. 19 The craft distillery is not required to obtain a vendor's
            license to sell to consumers from their souvenir gift shop.

            The Division must approve any subsequent revisions to a craft distillery's sketch to verify that the
            souvenir gift shop location operated by the craft distillery is "owned or leased by the craft distillery and
            on property contiguous to the craft distillery's production building." 20

            Section 565.03, F.S., imposes the following requirements and prohibitions for craft distilleries:
               • A craft distillery may not ship, arrange to ship, or deliver distilled spirits to consumers, but may
                   ship, arrange to ship, or deliver distilled spirits to manufacturers of distilled spirits, wholesale
                   distributors of distilled spirits, state or federal bonded warehouses, and exporters.
               • A craft distillery may not transfer its license or any ownership interest to any individual or entity
                   with a direct or indirect interest in another distillery licensed in any other state, territory, or
                   country. However, a craft distillery may be affiliated with another distillery that produces 75,000
                   or fewer gallons per calendar year of distilled spirits on its premises or in any other state,
                   territory, or country.
               • A craft distillery must report to the Division within 5 business days after it has reached the
                   75,000-gallon production limit and cease making sales to consumers on the day after it reaches
                   the production limit.
               • A craft distillery must submit beverage excise taxes on distilled spirits sold to consumers in its
                   monthly report to the Division.
               • Containers must comply with the container limits in s. 565.10, F .S., which prohibits the sale and
                   distribution of distilled spirits in any size container in excess of 1. 75 liters or 59.18 ounces.

            Distilleries and Craft Distilleries - Effect of the Bill

            The bill amends s. 561.221, F.S., to:
               • Authorize the issuance of up to three vendor's licenses to a craft distillery for the sale of
                    alcoholic beverages on the distillery's licensed premises.
               • Allow a craft distillery to conduct tastings and sales of their product at fairs, trade shows, expos,
                    and festivals.

            The bill also amends s. 565.17, F.S., to allow craft distilleries to conduct liquor tastings at any licensed
            premises authorized to sell liquor.

            The bill amends s. 561.24, F.S., to allow a craft distillery to be licensed as a distributor or exporter if the
            craft distillery is open to the public for tours, tastings, and sales at least 30 hours a week.

            The bill amends s. 565.03, F.S., to:
               • Clarify the definition of "branded product" to allow craft distillers to blend their product with
                    distilled spirits that are not manufactured on site.
               • Increase the maximum production threshold for craft distilleries from 75,000 to 250,000 gallons.
               • Allow a craft distillery to sell up to 75,000 gallons of branded product per year from its souvenir
                    gift shop and removes the limitations on the number of bottles per brand per consumer that may
                    be sold per year.
                         o For sales made from the craft distillery's souvenir gift shop, the craft distillery may not be
                             licensed as a vendor under s. 561.221, F.S., and such sales must be made in either a
                             face-to-face transaction from the gift shop or as a shipment to a consumer located
                             outside the state, subject to the laws of the receiving state.
               • Specify that a craft distillery can transfer up to 75,000 gallons of its product from its federal
                    bonded space, nonbonded space, or storage areas to its souvenir gift shop, per year.


19
     S. 565.03(l)(c), F.S.
20   Id.
STORAGE NAME: pcs1165.COM.D0CX                                                                                      PAGE: 4
DATE: 2/24/2020
              •   Prohibit a craft distillery that does not have a vendor's license under s. 561.221, F.S., from
                  shipping its distilled spirits to consumers located in the state.
              •   Remove restrictions relating to the sale, transfer, or ownership affiliation for craft distilleries.

         Wine and Cider Container Limitations - Current Situation

         Section 564.05, F.S., prohibits the sale of wine in an individual container that holds more than one
         gallon of wine, unless it is in a reusable container of 5.16 gallons, which may also be sold. Distributors
         and manufacturers may sell wine to other distributors and manufacturers in containers of any size. Any
         person who violates the prohibition ins. 564.05, F.S., commits a second degree misdemeanor. 21

         Section 564.055, F.S., prohibits the sale of cider by vendors at retail in any individual container of more
         than 32 ounces. However, cider may be packaged and sold in bulk, in kegs or barrels, or in any
         individual container of one gallon or more, regardless of container type. The Beverage Law does not
         provide for the sale of cider in growlers.

         Wine and Cider Container Limitations - Effect of the Bill

         The bill repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.

         The bill repeals s. 564.055, F.S., relating to the retail sale of individual cider containers.

         Merlot to Go - Current Situation

         Restaurants licensed to sell wine on the premises may permit patrons to remove one bottle of wine for
         consumption off the licensed premises under the following conditions:
            • The patron must have purchased a full-course meal consisting of a salad or vegetable, entree, a
               beverage, and bread and consumed a portion of the bottle of wine with the meal;
            • Before the partially-consumed bottle of wine is removed from the premises, the bottle must be
               securely resealed by the licensee, or the licensee's employee, and placed in a bag or other
               container that is secured in such a manner that it is visibly apparent if the container has been
               opened or tampered with after having been sealed;
            • A dated receipt for the wine and meal must be attached to the container; and
            • The container must be placed in a locked glove compartment, trunk, or other area behind the
               last upright seat of a motor vehicle that does not have a trunk. 22

         Merlot to Go - Effect of the Bill

         The bill amends s. 564.09, F.S., simplifying the requirement that a patron's meal be a "full course meal
         consisting of salad or vegetable, entree, a beverage, and bread" to just "a meal."

         Dogs in Bars and Restaurants - Current Situation

         The Division of Hotels and Restaurants (Division) within DBPR is authorized to administer laws and
         rules relating to the inspection and regulation of food service establishments for the purpose of
         safeguarding the public health, safety and welfare, in accordance with ch. 509, F.S. 23 The law



21
   Section 775.082, F.S., provides the penalty for a misdemeanor of the second degree is a term of imprisonment not exceeding 60
days. Section 775.083, F.S., provides the penalty for a misdemeanor of the second degree is a fine not to exceed $500.
22
   S. 564.09, F.S.
23
   The Florida Department of Health is responsible for regulations related to food service protection and environmental health. Current
regulations prohibit live animals inside food service establishments, vehicles used to transport food, and any other area or facility used
to conduct food service operations. R. 64E-l l.003(6)(c), F.A.C. An exception exists for service animals, as provided under s. 413.08,
F.S. See also ss. 381.006 and 381.0072, F.S.
STORAGE NAME: pcs1165.COM.D0CX                                                                                                    PAGE: 5
DATE: 2/24/2020
         expressly limits the general home rule powers of a local government as it relates to the regulation of
         such businesses. 24

         Pursuant to its rulemaking authority, the Division has adopted the 2017 Food Code (Code) published
         by the U.S. Food and Drug Administration (FDA). 25 The Code prohibits live animals on the premises of
         food service establishments. 26 "Premises" is defined to mean the physical facility, its contents, and the
         contiguous land or property under the control of the permit holder. 27 There are limited exceptions to this
         prohibition including those for patrol dogs accompanying police or security officers, and service animals
         controlled by persons with disabilities. 28

         The service animal law authorizes an individual with a disability the right to be accompanied by a
         trained service animal (a dog) in all areas of public accommodations that the public is normally allowed
         to occupy. 29 A public accommodation is required to modify its policies, practices, and procedures to
         permit use of a service animal by an individual with a disability.

         The service animal law defines a "service animal" as an animal that is trained to do work or perform
         tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
         mental disability. The work done or tasks performed must be directly related to the individual's
         disability. A service animal is not a pet. It is also not a comfort animal.

         Generally, only service animals are permitted to be inside bars and restaurants in Florida. However,
         Florida law allows local governments to establish a local exemption to the prohibition on having live
         animals inside food service establishments. Specifically, local governments may authorize local food
         service establishments to decide whether to designate outdoor portions of the establishment for
         "patrons' dogs." Participating establishments are required to apply for and receive a permit from the
         governing body of the local government. Local governments are authorized to include additional
         regulations and limitations to protect the health, safety and general welfare of the public. 30

         The local ordinances must include the following requirements:
            • All public food service establishment employees must wash their hands promptly after touching,
                petting, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or
                otherwise handling dogs while serving food or beverages or handling tableware or before
                entering other parts of the public food service establishment.
            • Patrons in a designated outdoor area must be advised that they should wash their hands before
                eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.
            • Employees and patrons must be instructed that dogs are prohibited from contact with serving
                dishes, utensils, tableware, linens, paper products, or any other items involved in food service
                operations;
            • Patrons must keep their dogs on a leash and under reasonable control at all times;
            • Dogs are prohibited on chairs, tables, or other furnishings;
            • All table and chair surfaces must be cleaned and sanitized with an approved product between
                seating of patrons. Spilled food and drink must be removed from the floor or ground between
                seating of patrons;



24
   S. 509.032(7), F.S.
25
   U.S. Department of Health and Human Services, Public Health Service, Food & Drug Administration, Food Code, (2017),
https://www.fda.gov/media/l l 0822/download (last visited Jan. 8, 2019). According to the FDA, "the purpose of maintaining an
updated model food code is to assist food control jurisdictions at all levels of government by providing them with a scientifically
sound technical and legal basis for regulating the retail segment of the food industry."
26
   Id. at s. 6-50 l. l l 5(A).
27
   Id. at s. 1-201.1 O(B).
28
   Id. at s. 6-501.115(8).
29
   S. 413.08(3), F.S.
30
   S. 509.233, F.S.
STORAGE NAME: pcs1165.COM.D0CX                                                                                                   PAGE: 6
DATE: 2/24/2020
                •    Accidents involving dog waste must be cleaned immediately and the area sanitized with an
                     approved product. A kit with the appropriate materials for this purpose must be kept near the
                     designated outdoor area;
                •    A sign or signs reminding employees of the applicable rules must be posted on premises in a
                     manner and place as determined by the local permitting authority;
                •    A sign or signs reminding patrons of the applicable rules must be posted on premises in a
                     manner and place as determined by the local permitting authority; and
                •    A sign or signs must be posted in a manner and place as determined by the local permitting
                     authority that places the public on notice that the designated outdoor area is available for the
                     use of patrons and patrons' dogs. 31

            Regarding where dogs are allowed to travel or pass through, the local ordinances must include the
            following requirements:
                 • Dogs are prohibited from traveling through indoor portions of the public food service
                    establishment;
                 • Dogs are prohibited from traveling through nondesignated outdoor portions of the public food
                    service establishment; and
                 • Access to the designated outdoor portions of the public food service establishment must not
                    require entrance into or passage through any indoor area of the food establishment. 32

            Dogs in Bars and Restaurants - Effect of the Bill

            The bill creates s. 562.65, F.S., authorizing the owner of a certain premises licensed under the
            Beverage Law to allow dogs in designated areas, including certain indoor areas, subject to the
            following conditions:
                 • No more than 10% of gross revenues are derived from the sale of food that is consumed on the
                    licensed premises. For the purpose of the bill, ice is not considered food.
                 • Dogs must be kept on a leash and under control at all times.
                 • Dogs are not allowed on tables, bar tops, or other furnishings.
                 • Dogs are not allowed in any area where food is stored or prepared.
                 • Dog waste must be cleaned immediately and the area sanitized.

            An individual may be held liable for failure to comply with the dog-related conditions if such failure
            results in injury or damage. The bill also authorizes the Division to adopt rules to administer this law.

            Tied House Evil - Current Situation

            The three-tier system is deeply rooted in the perceived evils of the "tied house" in which a bar is owned
            or operated by a manufacturer or the manufacturer exercises undue influence over the retail vendor. 33

            Florida's "Tied House Evil Law," s. 561.42, F.S., prohibits a manufacturer or distributor of alcoholic
            beverages from having a financial interest, directly or indirectly, in the establishment or business of a
            licensed vendor, and prohibits a manufacturer or distributor from giving gifts, loans, property, or rebates
            to retail vendors.

            Florida's Tied House Evil Law prohibits a licensed manufacturer or distributor from:
                •    having any direct or indirect financial interest in any vendor;
                •    assisting any vendor using gifts, loans, money or property of any description (except for bottles,
                     barrels or other containers necessary for the transportation of beverages);

31
     S. 509.233(3)(c), F.S.
32 Id.
33
   See Andrew Tamayo, What's Brewing in the Old North State: An Analysis of the Beer Distribution Laws Regulating North
Carolina's Craft Breweries, 88 N.C. L. REV. 2198 (2010), http://scholarship.law.unc.edu/nclr/vol88/iss6/6.
STORAGE NAME: pcs1165.COM.D0CX                                                                                            PAGE: 7
DATE: 2/24/2020
              •   giving any rebates of any kind whatsoever;
              •   engaging in cooperative advertising with a vendor;
              •   naming a vendor in any advertisement for a malt beverage tasting; and
              •   paying for particular placement, signage, or other brand promotion within a vendor premises for
                  malt beverages produced by the manufacturer. 34

         However, the Tied House Evil Law authorizes a manufacturer or distributor of malt beverage to:
              •   Sell, at not less than cost, branded expendable retailer advertising specialties to a vendor
                  (trays, coasters, mats, menu cards, napkins, cups, glassware, thermometers, etc.).
              •   Lend without charge, rent, or sell durable retailer advertising specialties which bear
                  advertising matter to a vendor (clocks, pool table lights, etc.).
              •   Sell, at not less than cost, consumer advertising specialties to a vendor (ashtrays, T-shirts,
                  bottle openers, shopping bags, etc.). 35

         Additionally, a distributor of malt beverages is allowed to:
              •   sell, at not less than cost, draft equipment and tapping accessories to a vendor;
              •   exchange, or provide without charge, any parts that are not compatible with a competitor's
                  system and are necessary to dispense the distributor's brands;
              •   provide, without charge, replacement parts of nominal intrinsic value (washers, gaskets, tail
                  pieces, hoses, hose connections, clamps, plungers, and tap markers, etc.); and
              •   provide, without charge, up to ten cases of glassware to a vendor licensed to sell malt
                  beverages for on-premises consumption, subject to certain conditions. 36

         A vendor is prohibited from displaying any sign advertising any brand of alcoholic beverages outside of
         or on the outside of their establishment, and a manufacturer or distributor may not directly or indirectly
         give, lend, rent, sell or furnish a vendor with any outside sign. However, a vendor is allowed to display
         signs and other advertising materials for brands that are sold by the vendor on the interior of their
         licensed premises. 37

         The Division is authorized to adopt rules and require reports in order to enforce the limitations
         established under the Tied House Evil Law relating to credits, coupons, and other forms of
         assistance. 38

         Tied House Evil - Effect of the Bill

         Sale or Purchase of Merchandise

         The bill amends s. 561.42, F.S., to specify that a manufacturer, distributor, importer, primary American
         source of supply, or brand owner or registrant, or any broker, sales agent, or sales person thereof, may
         not "directly or indirectly" assist any vendor by "furnishing, supplying, selling, renting, lending, buying
         for, or giving to any vendor any vehicles, equipment, furniture, fixtures, signs, supplies, credit, fees,

34
   S. 561.42, F.S.
35
   S. 561.42(14), F.S.
36
   Id. Specifically, a distributor that receives glassware at no charge on a no-charge invoice from a malt beverage manufacturer or
importer may give such glassware to a vendor licensed to sell malt beverages for on-premises consumption. Each piece of glassware
given to a vendor by a distributor must bear a permanent brand name intended to prominently advertise the brand. A distributor may
not give a vendor more than l O cases of glassware per calendar year per licensed premises. A vendor that receives a gift of glassware
from a distributor may not sell the glassware or return it to a distributor for cash, credit, or replacement. A manufacturer or importer
who sells or gives glassware to a distributor, a distributor who sells or gives glassware to a vendor, and such vendor, must maintain
records of such sale or gift of glassware.
37
   S. 561.42(10)-(12), F.S. However, only one neon, electric, or similar sign per manufacturer may be displayed in a window.
38
   S. 561.42(8), F.S.
STORAGE NAME: pcs1165.COM.D0CX                                                                                                   PAGE: 8
DATE: 2/24/2020
       slotting fees of any kind, advertising or cooperative advertising, or services" unless the manufacturer,
       distributor, etc., "regularly sells merchandise to vendors" and the sale or purchase is:
           • equal to or greater than the fair market value of the merchandise;
           • not combined with any sale or purchase of alcoholic beverages;
           • separately itemized from the sale or purchase of alcoholic beverages; and
           • both the seller and purchaser maintain records.

       The bill defines the term "merchandise" as commodities, supplies, fixtures, furniture, or equipment. The
       term does not include alcoholic beverages or a motor vehicle or trailer requiring registration under ch.
       320, F.S.

       Written Agreements for Brand-Naming Rights and Associated Cooperative Advertising

       The bill provides that, notwithstanding any other provision of the Tied House Evil Law, a manufacturer
       or importer of malt beverages and a vendor may enter into a written agreement for brand-naming rights
       and associated cooperative advertising if:
           • The agreement is negotiated at arm's length for no more than fair market value;
           • The vendor operates places of business where consumption on the premises is permitted,
               which premises are located within a theme park complex comprised of at least 25 contiguous
               acres owned and controlled by the same business entity and which contains permanent
               exhibitions and a variety of recreational activities and has a minimum of 1 million visitors
               annually through a controlled entrance to and exit;
           • The agreement does not involve the sale or distribution of malt beverages;
           • The vendor does not give preferential treatment to the alcoholic beverage brand(s) of the
               manufacturer or importer;
           • The agreement does not limit, directly or indirectly, the sale of alcoholic beverages of another
               manufacturer, importer or distributor; and
           • Within 10 days after execution of the agreement, the vendor files with the division a description
               of the written agreement for brand naming rights which includes the location, dates, and the
               name of the manufacturer or importer that entered into the agreement.

       The bill prohibits a manufacturer or importer from soliciting or receiving, and prohibits a distributor from
       paying, any portion of the brand-naming rights or cooperative advertising agreement. The bill also
       specifies that such an agreement may not in any way obligate or place responsibility, financial or
       otherwise, on a distributor.

       The bill defines "negotiated at arm's length" as the negotiation of a business transaction by
       independent parties acting in each party's own individual self-interest and conducted as if the parties
       were strangers, so that no conflict of interest may arise.

       The bill provides that a manufacturer, importer or vendor that violates the written agreement for brand-
       naming rights and associated cooperative advertising provisions is subject to:
          • First violation: A civil penalty up to $25,000 or the financial value of the brand-naming rights
               agreement, whichever is greater.
          • Second violation: A civil penalty up to $100,000 or the financial value of the brand-naming rights
               agreement, whichever is greater.
          • At the discretion of the division, in lieu of or in addition to the second civil penalty, suspension or
               revocation of the alcoholic beverage license for a third or subsequent violation occurring within
               36 months after the date of the first violation.

       The bill provides that a violation occurring more than 36 months after a first violation is deemed a first
       violation.

       Return of Malt Beverages - Current Situation
STORAGE NAME: pcs1165.COM.D0CX                                                                               PAGE: 9
DATE: 2/24/2020
           Florida's 'Tied House Evil Law," s. 561.42, F.S., prohibits a manufacturer or distributor of alcoholic
           beverages from having a financial interest, directly or indirectly, in the establishment or business of a
           licensed vendor, and prohibits a manufacturer or distributor from giving gifts, loans, property, or rebates
           to retail vendors. Additionally, s. 563.022(4), F.S., prohibits unfair methods of competition and unfair or
           deceptive practices in the conduct of the manufacturing, importing, distribution, sale, wholesaling, and
           franchising of beer.

           Product Returns - Federal Law

           Federal regulations prohibit the sale or purchase of any alcoholic beverage products on consignment,
           under conditional sale, with privilege of return, on any basis other than a bona fide sale, or if the sale
           involves an agreement to acquire other products. 39 However, transactions involving the bona fide return
           of products for "ordinary and usual commercial reasons arising after the merchandise has been sold"
           are not prohibited. 40 Under federal regulations, ordinary and usual commercial reasons include:
               • Defective product,
               • Shipment error,
               • A change in law preventing the sale of the product,
               • Termination of the buyer's business,
               • Change in product from that in inventory,
               • Product in inventory is discontinued, or
               • Possible spoilage of product during the offseason of a seasonal retail dealer. 41

           Such returns are optional. The distributor is not required to accept the return. 42 Returns or exchanges of
           products that are merely overstocked, slow-moving, or seasonal in nature are not considered ordinary
           and usual commercial reasons. 43

           Freshness Dating

           Some brewers assign a coded "pull date" or "freshness date" to their product as a quality control tool to
           prevent stale or outdated product from remaining in the marketplace. 44 Federal regulations allow for the
           return (exchange, refund or credit) of malt beverages for freshness reasons under the following
           circumstances:
               • The brewer has policies and procedures in place that specify the date the retailer must pull the
                   product.
               • The policies and procedures are readily verifiable and consistently followed by the brewer.
               • The container has identifying markings that correspond with this date.
               • The malt beverage product pulled by the distributor or retailer may not re-enter the retail
                   marketplace.
               • If the product is returned for exchange, it must be for an identical quantity of the same brand. 45

           Federal regulation prohibits the use of freshness provisions as "mere subterfuge to violate these same
           consignment sales and/or tied house provisions."46



39
     27 U.S.C. § 205(d).
40 Id.
41
   27 C.F.R.§§ 11.32-11.39.
42
   Alcohol and Tobacco Tax and Trade Bureau (TTB) Ruling, 2017-2 Revised - Freshness Dating and Allowable Returns of Malt
Beverage Products under the FAA Act (Sept. 29, 2017). In the case of malt beverages, trade practice provisions of the Federal Alcohol
Administration Act (FAA Act) apply only if the laws of the state into which the malt beverage products are sold or shipped impose
similar requirements.
43
   Id.; 27 C.F.R. § 11.45 & 11.46.
44 fd

45 Id.
46 Id.
STORAGE NAME: pcs1165.COM.DOCX                                                                                              PAGE: 10
DATE: 2/24/2020
         Product Returns - Division Rules

         The Beverage Law does not explicitly regulate the return of malt beverage products to distributors by
         vendors. However, the Division has adopted rules to provide guidance to the industry.

         Return of Damaged Products

         Rule 61A-1.0107, F.A.C., regulates the return of damaged products. Products are considered damaged
         if they, through no fault of the vendor or customer, exhibit product deterioration, leaking containers,
         damaged labels, or missing or mutilated tamper-evident closures. Damaged products can be returned
         for exchange, cash, or a credit when the vendor makes the request within 15 days of delivery.
         Distributors are required to keep detailed transaction records of such returns. 47

         If the vendor does not make the return request within 15 days of delivery, damaged product may not be
         returned unless:
              • The product is part of a manufacturer recall that affects multiple unaffiliated vendors; or
              • Through no fault of the vendor, the product has deteriorated due to manufacturing or packaging
                  problems.

         Return of Undamaged Products

         Rule 61A-1.0108, F.A.C., regulates the return of undamaged products. A vendor may receive cash or
         credit for the return of undamaged product if the request is made within 10 days of delivery. Distributors
         are required to keep detailed transaction records of such returns.

         If the vendor does not make the request within 10 days of delivery, undamaged product may not be
         returned unless:
              • The product may no longer be lawfully sold.
              • The vendor goes out of business.
              • There is a change in product, such as a change in formula, proof, label, or container.
              • The product is discontinued; or
              • The vendor is only open for a portion of the year, and the remaining product will spoil in the off-
                 season.48

         Additionally, distributors are prohibited from making consignment sales to vendors, and vendors may
         not attempt to return or exchange overstocked or slow-moving product. 49

         Violations and Penalties

         Section 562.45(1 ), F.S., provides that the false entry of any record required under the Beverage Law or
         violation of the excise tax provisions, when done intentionally, is a felony of the third degree,
         punishable as provided in ss. 775.082, 775.083, or 775.084, F.S. For violations of the Beverage Law
         where no penalty is provided, first-time offenses are guilty of a misdemeanor of the second degree and
         a felony of the third degree for any subsequent offenses thereafter.

         Section 561.29, F.S., authorizes the Division to issue civil penalties for violations of the Beverage Law
         and rules issued thereto. Such penalties may not exceed $1,000 per transaction. The Division is also
         authorized to suspend the license of a licensee that fails to pay a civil penalty.


47
   Section 561.55(3)(a), F.S., requires a manufacturer, distributor, broker, agent, and importer licensed under the Beverage Law to
maintain and keep, for a period of three years at the licensed place of business, such records of alcoholic beverages received, sold, or
delivered within or without this state as may be required by the Division
48
   R. 61A-1.0108(4), F.A.C.
49 Id.
STORAGE NAME: pcs1165.COM.D0CX                                                                                                  PAGE: 11
DATE: 2/24/2020
            Return of Malt Beverages - Effect of the Bill

            The bill creates s. 563.061, F.S., relating to the return of malt beverage products.

            Consignment Sales Prohibited

            The bill prohibits the sale of malt beverages on consignment or any other basis other than a "bona fide
            sale." Once a sale is made, only "bona fide returns" are allowed for the "ordinary and usual commercial
            reasons" authorized in the bill. The terms "bona fide sale" and "bona fide return" are not defined in the
            bill. The bill also specifies that product may not be returned simply because it is overstocked, slow-
            moving, or has limited or seasonal demand, such as holiday decanters or other specialized containers.

            Product Returns

           The bill outlines situations where a vendor is permitted to return product for an exchange, a credit, or a
           refund. The bill does not condition the return of product for a credit or a refund, but product returned for
           an exchange may only be exchanged for:
               • the exact same quantity of product,
               • of near or equal value,
               • made by the same manufacturer, and
               • in the same size container or keg.

            Return of Undamaged Product

            The bill defines "undamaged product" as malt beverage product that is not damaged or out of code.
            Undamaged product may be returned for exchange or credit. The vendor must make their return
            request within 7 days of delivery. However, there is no time frame for a distributor to accept the return
            of undamaged product if:
                • Due to a change in regulations, the vendor is no longer permitted to sell a particular brand or
                    product size. (For credit or refund. 50 )
                • The vendor terminates operations. (For credit or refund.)
                • The product is returned for "purposes of ensuring quality control or freshness" even if it is not
                    yet out of code. (For exchange only.)
                • A manufacturer issues a recall affecting multiple vendors that are not: under common
                    ownership, members of the same pool buying group, or members of the same advertising
                    cooperative. (For exchange or credit.)
                • Production or importation of the product is discontinued. (For credit or refund.)
                • The vendor is only open for part of the year, and the inventory at closing would go bad before
                    the vendor reopens. (For credit or refund.)

           When undamaged product is returned more than 7 days after delivery, documentation of the qualifying
           exception must be kept with the transaction record maintained by the distributor.

            Return of Damaged Product

            The bill defines "damaged product" to mean a malt beverage product delivered to a vendor exhibiting
            product deterioration, defective seals, leaking, damaged labels, or missing or mutilated tamper-evident
            closures. The bill establishes the following guidelines for damaged product:
                • Return requests must be made within 7 days of delivery.
                • The distributor must verify that the product is damaged.
                • Product that is damaged by the vendor or their customers may not be returned.
                • Damaged product may be returned for exchange of product or credit.

50
     Type of return allowed is indicated in parentheses.
STORAGE NAME: pcs1165.COM.D0CX                                                                                 PAGE: 12
DATE: 2/24/2020
       Return of Out-of-Code Product

       The bill defines "out-of-code product" as malt beverages that have exceeded the manufacturer's code
       date and, according to the manufacturer's policies, must be removed and replaced with fresh product
       for purchase in the retail market.

       The bill defines "manufacturer's code date" to mean a coded best-by date, expiration date, or other
       designated date or dating system established by a manufacturer to signify freshness that is printed on
       the malt beverage container or, in the case of a keg, marked on a cap, collar, tag, or label affixed
       directly to the keg.

       A distributor may accept out-of-code product if:
           • The distributor verifies that the product is out-of-code.
           • The manufacturer has established written guidelines relating to product removal.
           • Such policies and procedures are readily available, verifiable, and consistently applied by the
               manufacturer.
           • The manufacturer's code date is printed or marked on the product container.
           • The out-of-code product that is removed by the distributor does not reenter the retail market.

       Out-of-code product may be returned for exchange only.

       Distributor Requirements

       The bill authorizes, but does not require, distributors to accept returns. When a distributor does accept
       a return, the distributor is required to:
           • Provide the exchange, credit, or refund to the vendor at the time the product is picked up.
           • Pick up damaged or undamaged product within 14 days of a vendor's return request.
           • The bill does not specify when a distributor must pick up product that is out-of-code.

       The bill requires distributors to maintain detailed transaction records for returned product for 3 years
       and provide a copy to the vendor.

       Additional Provisions

       The bill specifies that, for the purposes of the Tied-House Evil Law, authorized returns are not
       considered gifts, loans, or any other form of prohibited financial aid or assistance. The bill authorizes
       the Division to impose a fine of up to $1,000 for each violation. The bill authorizes the Division to adopt
       rules to administer and enforce the provisions.

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

   B. SECTION DIRECTORY:
       Section 1      Amends s. 561.221, F.S.; authorizing the division to issue vendor's licenses to certain
                      craft distilleries for the sale of alcoholic beverages on the distillery's licensed premises;
                      requiring certain information be included on sketches approved by the division; requiring
                      the division to issue permits to craft distilleries for conducting tastings and sales at
                      certain events; requiring craft distilleries to pay entry fees for such events and have a
                      representative of the distillery present at each event; requiring that certain alcoholic
                      beverages be obtained through a licensed distributor, a licensed broker or sales agent,
                      or a licensed importer.

       Section 2      Amends s. 561.24, F.S., authorizing a craft distillery to be licensed as a distributor under
                      certain circumstances.

STORAGE NAME: pcs1165.COM.D0CX                                                                              PAGE: 13
DATE: 2/24/2020
           Section 3        Amends s. 561.42, F.S., revising terms; creating exemptions and penalties relating to
                            the Tied House Evil Law.

           Section 4        Creates s. 562.65, F.S.; providing definitions; authorizing certain licensed vendors of
                            alcoholic beverages to allow dogs in certain designated areas on licensed premises;
                            providing requirements; providing for liability; authorizing the Division of Alcoholic
                            Beverages and Tobacco of the Department of Business and Professional Regulation to
                            adopt rules.

           Section 5        Creates s. 563.061, F.S.; providing definitions; prohibiting consignment sales of malt
                            beverages between a distributor and vendor; authorizing bona fide returns of malt
                            beverages under certain conditions; providing applicability; authorizing distributors to
                            accept returns of certain products under specified conditions; providing distributor
                            requirements for such returns; providing requirements for exchanges of product;
                            providing recordkeeping requirements; specifying that authorized returns are not gifts,
                            loans, or other prohibited forms of financial aid or assistance; providing penalties; and
                            providing for rulemaking.

           Section 6        Repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.

           Section 7        Repeals s. 564.055, F.S., relating to limitations on the size of individual cider containers.

           Section 8        Amends s. 564.09, F.S., revising provisions that authorize a restaurant to allow patrons
                            to remove partially consumed bottles of wine from a restaurant for off-premises
                            consumption.

           Section 9        Amends s. 565.03, F.S.; redefining the terms "branded product" and "craft distillery";
                            revising the requirements for the sale of branded products by a licensed craft distillery to
                            consumers; deleting a provision that prohibits a craft distillery from selling more than six
                            individual containers of a branded product to a consumer; etc.

           Section 10       Amends s. 565.17, F.S., authorizing a craft distillery to conduct spirituous beverage
                            tastings on specified licensed premises under certain circumstances.

           Section 11       Provides for an effective date.


                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

       A. FISCAL IMPACT ON STATE GOVERNMENT:

           1. Revenues:
               The bill may result in an insignificant positive fiscal impact from revenue generated by craft
               distilleries obtaining up to three vendor's licenses. The bill authorizes DBPR to impose and collect
               fines, not to exceed $1,000, relating to the return of malt beverages.

               The bill provides for an indeterminate positive fiscal impact through the creation of new civil
               penalties as listed in the Tied House Evil section, above.

           2. Expenditures:
               To implement the bill, the Division estimates the need for two additional Tax Auditor positions for a
               total of $143,875 in the first year and $131,925 recurring thereafter. 51

51
     Department of Business and Professional Regulation, Agency Analysis of2020 HB 1165, p. 6 (Jan. 30, 2020).
STORAGE NAME: pcs1165.COM.DOCX                                                                                   PAGE: 14
DATE: 2/24/2020
               However, currently there are 2 Tax Auditor positions within DBPR that are vacant over 300 days.
               These positions could be transferred to the Division to address the requirements of the bill. 52

       B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

           1. Revenues:
               None.

           2. Expenditures:
               None.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
           The bill may have a positive economic impact on certain entities in the wine and cider industry, due to
           the reduction or elimination of regulatory constraints relating to container sizes.

           The bill may have a positive economic impact for many craft distilleries, due to the removal of many
           current regulatory constraints, resulting in enhanced brand recognition, increased sales volume,
           opportunities for collaboration, and access to new markets and consumers.

           Manufacturers and importers of malt beverages and qualified vendors will no longer be prohibited from
           entering into agreements for brand naming rights under certain circumstances. This relaxation of the
           Tied House Evil Law may allow certain licensees to benefit financially while negatively impacting other
           licensees.

           For some manufacturers and distributors, the bill may have a positive economic impact due to an
           increase in consumer sales, stemming from the ability to move product between vendors for
           "freshness" purposes. For other manufacturers and distributors, the bill may have a negative economic
           impact to the extent that their brands become less attractive to vendors as compared to brands for
           which there is a freshness policy. For vendors, the bill may have a positive economic impact for those
           with difficult to sell inventory, and may have a negative impact to the extent that the narrowing of the
           window for returns and the addition of a freshness policy affects a vendor's ability to return or sell
           certain products

       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 authorizes the Division of Alcoholic Beverages and Tobacco to adopt rules to administer the
           provisions of the bill.

52
     Department Vacancy Report, Jan. 30, 2020, on file with the Government Operations and Technology Appropriations Subcommittee.
STORAGE NAME: pcs1165.COM.D0CX                                                                                          PAGE: 15
DATE: 2/24/2020
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                        IV. AMENDMENTS/ COMMITIEE SUBSTITUTE CHANGES




STORAGE NAME: pcs1165.COM.DOCX                                         PAGE: 16
DATE: 2/24/2020
F       L   O   R     D A        H   O   U   S   E      0    F     REPRESENTATIVES




            PCS for HB 1165                                                     2020




    1                                         A bill to be entitled
    2               An act relating the Beverage Law; amending s. 561.221,
    3               F.S.; authorizing the division to issue vendor's
    4               licenses to certain craft distilleries for the sale of
    5               alcoholic beverages on the distillery's licensed
    6               premises; requiring that the licensed vendor premises
    7               be included on certain sketches and diagrams under
    8               certain circumstances; requiring that all revisions to
    9               sketches or diagrams be approved by the division;
10                  requiring the division to issue permits to craft
11                  distilleries for conducting tastings and sales at
12                  certain events; requiring craft distilleries to pay
13                  entry fees for such events and have a representative
14                  of the distillery present at each event; requiring
15                  that certain alcoholic beverages be obtained through a
16                  licensed distributor, a licensed broker or sales
17                  agent, or a licensed importer; amending s. 561.24,
18                  F.S.; authorizing a craft distillery to be licensed as
19                  a distributor under certain circumstances; amending s.
20                  561.42, F.S.; prohibiting certain entities and persons
21                  from directly or indirectly assisting or providing
22                  specified items, monies, or services to a licensed
23                  vendor; prohibiting a licensed vendor from accepting
24                  specified items, monies, or services from certain
25                  entities or persons; authorizing the Division of

                                                         Page 1 of 26

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                       V
F    L   O   R     D A        H   O   U   S   E      0    F     REPRESENTATIVES




         PCS for HB 1165                                                                     2020



26               Alcoholic Beverages and Tobacco adopt rules and
27               require reports to enforce, and to impose
28               administrative sanctions for a violation of
29               limitations established under the Beverage Law on
30               specified items, monies, or services; prohibiting a
31               vendor from displaying certain signs in the window or
32               windows of his or her licensed premises; authorizing
33               certain entities and persons to furnish,                    supply, sell,
34               rent,     lend, or give certain advertising material to
35               certain vendors; defining the term "decalcomania";
36               providing exemptions relating to tied house evil for
37               certain sales and purchases of merchandise; providing
38               conditions for the exemptions; defining the term
39               "merchandise"; prohibiting the sale of certain
40               advertising specialties at a price higher than the
41               actual cost to the industry member; authorizing a
42               manufacturer or importer of malt beverages and a
43               vendor to enter into a written agreement for certain
44               purposes; providing requirements for such agreement;
45               defining the term "negotiated at arm's length";
46               specifying that a brand-naming rights agreement does
47               not obligate or place responsibility upon a
48               distributor; providing civil penalties; prohibiting
49               the division from imposing certain civil penalties;
50               creating s. 562.65, F.S.; providing definitions;

                                                      Page 2 of 26

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                    V
F    L   O   R     D A        H   O   U   S   E      0    F     REPRESENTATIVES




         PCS for HB 1165                                                     2020



51               authorizing certain licensed vendors of alcoholic
52               beverages to allow dogs in certain designated areas on
53               licensed premises; providing requirements; providing
54               for liability; authorizing the Division of Alcoholic
55               Beverages and Tobacco of the Department of Business
56               and Professional Regulation to adopt rules; creating
57               s. 563.061, F.S.; providing definitions; prohibiting
58               consignment sales of malt beverages between a
59               distributor and vendor; authorizing bona fide returns
60               of malt beverages under certain conditions; providing
61               applicability; authorizing distributors to accept
62               returns of certain products under specified
63               conditions; providing distributor requirements for
64               such returns; providing requirements for exchanges of
65               product; providing recordkeeping requirements;
66               specifying that authorized returns are not gifts,
67               loans, or other prohibited forms of financial aid or
68               assistance; providing penalties; providing for
69               rulemaking; repealing ss. 564.05 and 564.055, F.S.,
70               relating to limitations on the size of individual wine
71               containers and individual cider containers; amending
72               s. 564.09, F.S.; revising provisions that authorize a
73               restaurant to allow patrons to remove partially
74               consumed bottles of wine from the restaurant for off-
75               premises consumption; amending s. 565.03, F.S.;

                                                      Page 3 of 26

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




         PCS for HB 1165                                                      2020



 76              redefining the terms "branded product" and "craft
 77              distillery"; revising the requirements for the sale of
 78              branded products by a licensed craft distillery to
 79              consumers; deleting a provision that prohibits a craft
 80              distillery from selling more than six individual
 81              containers of a branded product to a consumer;
 82              revising requirements relating to the shipping of
 83              distilled spirits to consumers by a craft distillery;
 84              deleting requirements relating to the transfer of
 85              certain distillery licenses and ownership therein;
 86              deleting a prohibition against certain affiliations;
 87              authorizing a craft distillery to transfer specified
 88              quantities of specified distilled spirits from certain
 89              locations to its souvenir gift shop; requiring a craft
 90              distillery making such transfers to submit certain
 91              excise taxes with its monthly report to the Division
 92              of Alcoholic Beverages and Tobacco of the Department
 93              of Business and Professional Regulation; amending s.
 94              565.17, F.S.; authorizing a craft distillery to
 95              conduct spirituous beverage tastings on specified
 96              licensed premises under certain circumstances;
 97              providing an effective date.
 98
 99      Be It Enacted by the Legislature of the State of Florida:
100

                                                       Page 4 of 26

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




         PCS for HB 1165                                                          2020



101              Section 1.         Subsection (4) is added to section 561.221,
102      Florida Statutes, to read:
103              561.221        Licensing of manufacturers and distributors as
104      vendors and of vendors as manufacturers; conditions and
105      limitations.-
106               (4) (a)     Notwithstanding s. 561.22, s. 561.42, or any other
107      provision of the Beverage Law, the division may issue up to
108      three vendor's licenses to a craft distillery licensed under s.
109      565.03, even if such distillery is also licensed as a
110      distributor, for the sale of alcoholic beverages on a craft
111      distillery's licensed premises.
112               (b)      If a vendor's license is for the sale of alcoholic
113      beverages on a craft distillery's licensed premises, the
114      licensed vendor premises must be included on the sketch or
115      diagram defining the licensed premises submitted with the
116      distillery's license application. All sketch or diagram
117      revisions by the craft distillery must be approved by the
118      division and must verify that the vendor premises operated by
119      the licensed distillery is owned or leased by the craft
120      distillery and is located on the licensed distillery premises.
121               (c)      The division shall, upon request, issue permits to a
122      craft distillery to conduct tastings and sales of distilled
123      spirits produced by the distillery at fairs, trade shows,
124      expositions, and festivals in this state. The craft distillery
125      shall pay all entry fees for such events and shall have a

                                                       Page 5 of 26

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




         PCS for HB 1165                                                                           2020



126      representative present during each event. A permit is limited to
127      the length of the event for which the permit is issued.
128               (d)      Distilled spirits and other alcoholic beverages
129      manufactured by another licensed manufacturer, including any
130      distilled spirits that are owned in whole or in part by the
131      craft distillery but are distilled by another manufacturer, must
132      be obtained through a licensed distributor, a licensed broker or
133      sales agent, or a licensed importer.
134              Section 2.         Subsection (9) is added to section 561.24,
135      Florida Statutes, to read:
136              561.24       Licensing manufacturers as distributors or
137      registered exporters prohibited; procedure for issuance and
138      renewal of distributors' licenses and exporters' registrations.-
139               (9)      This section does not apply to a craft distillery, as
140      defined ins. 565.03, which is open to the public for tours,
141      tastings, and sales at least 30 hours each week.
142              Section 3.         Subsections (13) and (14) of section 561.42,
143      Florida Statutes, are renumbered as subsections (14) and (15),
144      respectively, subsections ( 1) ,                  ( 8) ,     ( 11) , and ( 12) and paragraph
145       (b) of present subsection (14) are amended, and new subsections
146       (13) and (16) are added to that section, to read:
147              561.42       Tied house evil; financial aid and assistance to
148      vendor by manufacturer, distributor, importer, primary American
149      source of supply, brand owner or registrant, or any broker,
150      sales agent, or sales person thereof, prohibited; procedure for

                                                       Page 6 of 26

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          V
F     L   O   R     D A         H     O   U   S   E    0   F      REPRESENTATIVES




          PCS for HB 1165                                                                           2020



151       enforcement; exception.-
152               (1)       ~ N-e   manufacturer, distributor, importer, primary
153       American source of supply, or brand owner or registrant of any
154       of the beverages herein referred to, whether licensed or
155       operating in this state or out-of-state, or fte-f any broker,
156       sales agent, or sales person thereof, may not shall have any
157       financial interest, directly or indirectly, in the establishment
158       or business of any vendor licensed under the Beverage Law; nor
159       may shall such manufacturer, distributor, importer, primary
160       American source of supply, brand owner or brand registrant, or
161       any broker, sales agent, or sales person thereof, directly or
162       indirectly, assist any vendor by furnishing, supplying, selling,
163       renting, lending, buying for, or giving to any vendor any
164       vehicles, equipment, furniture,                      fixtures,       signs, supplies,
165       credit, fees,             slotting fees of any kind, advertising or
166       cooperative advertising, services, arry gifts or loans of money
167       or property of any descriptionL or by the giving of any rebates
168       of any kind whatsoever. A N-e licensed vendor may not shall
169       accept, directly or indirectly, any vehicles, equipment,
170       furniture,         fixtures,        signs, supplies, credit, fees,             slotting
171       fees of any kind, advertising or cooperative advertising,
172       services, gifts any gift or loans ±eaft of money or property of
173       any descriptionL or arry rebates of any kind whatsoever from any
174       such manufacturer, distributor, importer, primary American
175       source of supply, brand owner or brand registrant, or any

                                                        Page 7 of 26

      CODING: Words stricl(en are deletions; words underlined are additions.
                                                                                                           V
F      L   O   R     D A        H   O   U   S   E      0    F     REPRESENTATIVES




           PCS for HB 1165                                                                  2020



176        broker, sales agent, or sales person thereof; provided, however,
177        that this does not apply to any bottles, barrels, or other
178        containers necessary for the legitimate transportation of such
179        beverages or to advertising materials and does not apply to the
180        extension of credit, for liquors sold, made strictly in
181        compliance with the provisions of this section. A brand owner is
182        a person who is not a manufacturer, distributor, importer,
183        primary American source of supply, brand registrant, or broker,
184        sales agent, or sales person thereof, but who directly or
185        indirectly owns or controls any brand, brand name, or label of
18 6       alcoholic beverage. Hothing in This section does not shall
187        prohibit the ownership by vendors of any brand, brand name, or
188        label of alcoholic beverage.
189                (8)       The division may adopt rules and require reports to
190        enforce, and may impose administrative sanctions for any
191        violation of, the limitations established under the Beverage Law
192        on any vehicles, equipment, furniture,                        fixtures, signs,
193        supplies, credit, fees,               slotting fees of any kind, advertising
194        or cooperative advertising, services, gifts or loans of money or
195        property of any description, rebates of any kind whatsoever 4-ft
196        this section on credits, coupons, and other forms of assistance.
197                (11)      A vendor may display in the interior of his or her
198        licensed premises, including the window or windows thereof,
199        neon, electric, or other signs that require a power source;T
200        including window painting and decalcomanias applied to the

                                                        Page 8 of 26

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                   V
F     L   O   R     D A        H   O   U   S   E      0    F     REPRESENTATIVES




          PCS for HB 1165                                                      2020



201       surface of the interior or exterior of such windowsL7 and
202       posters, placards, and other advertising material advertising
203       the brand or brands of alcoholic beverages sold by him or her,
204       whether visible or not from the outside of the licensed
205       premises. However, a, but no vendor may not shall display in the
206       window or windows of his or her licensed premises more than one
207       neon, electric, or similar sign that requires a power source 7
208       advertising the product of any one brand of alcoholic beverage
209       manufacturer.
210               (12)      Any manufacturer, distributor, importer, primary
211       American source of supply, or brand owner or registrant, or any
212       broker, sales agent, or sales person thereof, may give, lend,
213       furnish, or sell to a vendor who sells the products of such
214       manufacturer, distributor, importer, primary American source of
215       supply, or brand owner or registrant any of the following: neonL
216       er electric, or other signs requiring a power source; oigno,
217       window painting and decalcomanias applied to the surface of the
218       interior or exterior of windows; and7 posters, placards, and
219       other advertising material herein authorized to be used or
220       displayed by the vendor in the interior of his or her licensed
221       premises. As used in this section, the term "decalcomania'' means
222       a picture, design, print, engraving, or label made to be
223       transferred onto a glass surface.
224               (13)      Any manufacturer, distributor, importer, primary
225       American source of supply, or brand owner or registrant, or any

                                                       Page 9 of 26

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                      V
F     L   O   R     D A        H    O   U   S   E     0   F      R E P R E S E N T A T              V    E   S




          PCS for HB 1165                                                                         2020



226       broker, sales agent, or sales person thereof, who regularly
227       sells merchandise to vendors, or any vendor who purchases
228       merchandise from such manufacturer, distributor, importer,
229       primary American source of supply, or brand owner or registrant,
230       or any broker, sales agent, or sales person thereof, does not
231       violate subsection (1)                if:
232               (a)       Such sale or purchase is equal to or greater than the
233       fair market value of the merchandise; not combined with any sale
234       or purchase of alcoholic beverages; separately itemized from the
235       sale or purchase of alcoholic beverages; and
236               (b)       Both the seller and purchaser maintain records of any
237       such sale or purchase, including the price and any conditions
238       associated with such sale or purchase of the merchandise.
239
240       For purposes of this subsection, the term "merchandise" means
241       commodities, supplies, fixtures,                    furniture,      or equipment. The
242       term does not include alcoholic beverages or a motor vehicle or
243       trailer requiring registration under chapter 320.
244               ~-f-±-4+         The division shall adopt reasonable rules
245       governing promotional displays and advertising. Such rules may
246       not conflict with or be more stringent than the federal
247       regulations pertaining to such promotional displays and
248       advertising furnished to vendors by distributors, manufacturers,
249       importers, primary American sources of supply, or brand owners
250       or registrants, or any broker, sales agentL or sales person

                                                      Page 10 of 26

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




          PCS for HB 1165                                                        2020



251       thereof; however:
252                (b)      Without limitation in total dollar value of such items
253       provided to a vendor, a manufacturer, distributor, importer,
254       primary American source of supply, or brand owner 7 or brand
255       registrant of malt beverage, or any broker, sales agentL or
256       sales person thereof, may rent, loan without charge for an
257       indefinite duration, or sell durable retailer advertising
258       specialties such as clocks, pool table lights, and the like,
259       which bear advertising matter. If sold, such items may not be
260       sold at a price less than the actual cost to the industry member
261       who initially purchased the items.
262                (16) (a)     Notwithstanding other provisions of this section,
263       a manufacturer or importer of malt beverages and a vendor may
2 64      enter into a written agreement for brand-naming rights and
265       associated cooperative advertising, negotiated at arm's length,
266       for no more than fair market value if all of the following
267       conditions are met:
268               1.     The vendor operates places of business where
269       consumption on the premises is permitted and the premises:
270               a.     Are located within a theme park complex consisting of
271       at least 25 contiguous acres owned and controlled by the same
272       business entity;
273               b.     Contain permanent exhibitions and a variety of
274       recreational activities; and
275               c.     Has a minimum of 1 million visitors annually with a

                                                       Page 11 of 26

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




         PCS for HB 1165                                                        2020



276      controlled entrance to, and exit from, the enclosed area.
277              2.     Such agreement does not involve, either in whole or in
278      part, the sale or distribution of malt beverages between the
279      manufacturer or importer, or the manufacturer's or importer's
280      distributor, and a vendor.
281              3.     The vendor, as a result of such agreement, does not
282      give preferential treatment to the alcoholic beverage brand or
283      brands of the manufacturer or importer with whom the vendor has
284      entered into such agreement.
285              4.     Such agreement does not directly or indirectly limit
286      the sale of alcoholic beverages of another manufacturer or
287      importer, or distributor.
288              5.     Within 10 days after execution of such agreement, the
289      vendor files with the division a description of the agreement
290      which includes the location, dates, and the name of the
291      manufacturer or importer that entered into the agreement.
292
293      As used in this paragraph, the term "negotiated at arm's length"
294      means the negotiation of a business transaction by independent
295      parties acting in each party's own individual self-interest and
296      conducted as if the parties were strangers, so that no conflict
297      of interest may arise.
298               (b)      A manufacturer or importer of malt beverages who is a
299      party to a brand-naming rights agreement may not, directly or
300      indirectly, solicit or receive from any of its distributors any

                                                      Page 12 of 26

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




         PCS for HB 1165                                                          2020



301      portion of the payment due from the manufacturer or importer of
302      malt beverages to the vendor pursuant to such agreement. Such
303      agreement exists solely between the manufacturer and the vendor
304      and does not, directly or indirectly, in any way obligate or
305      place responsibility, financial or otherwise, upon a
306      distributor.
307               (c)      Notwithstanding s. 561.29(3) and (4), a manufacturer
308      of malt beverages, an importer of malt beverages, or a vendor
309      who violates this subsection is subject to:
310              1.     A civil penalty of not more than $25,000, for a first
311      violation.
312              2.     A civil penalty of not more than $100,000 for a second
313      violation occurring within 36 months after the date of the first
314      violation.
315              3.     At the discretion of the division, in lieu of or in
316      addition to the penalty imposed under subparagraph 2.,
317      suspension or revocation of the alcoholic beverage license for a
318      third or subsequent violation occurring within 36 months after
319      the date of the first violation.
320
321      A violation occurring more than 36 months after a first
322      violation is deemed a first violation under this paragraph. When
323      imposing a civil penalty within the ranges provided in
324      subparagraphs 1. and 2., the division may not impose a civil
325      penalty in an amount greater than the financial value of the

                                                      Page 13 of 26

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




         PCS for HB 1165                                                          2020




326      brand-naming rights agreement.
327              Section 4.         Section 562.65, Florida Statutes, is created to
328      read:
329              562.65       Licensed premises of vendors; dogs allowed in
330      designated areas.-
331               (1)      As used in this section, the term:
332               (a)      "Division" means the Division of Alcoholic Beverages
333      and Tobacco of the Department of Business and Professional
334      Regulation.
335               (b)      "Dog" means a dog that is domesticated and kept as a
336      household pet.
337               ( c)     "Licensed premises" has the same meaning as provided
338      ins. 561.01(11).
339               (d)      "Vendor" means a person who is licensed under the
340      Beverage Law.
341               (2)      A vendor may allow dogs in designated areas, including
342      certain indoor areas, of the licensed premises under the
343      following conditions:
344               (a)      No more than 10 percent of the gross revenue of the
345      vendor's business may be from the sale of food consumed on the
346      licensed premises. Ice may not be considered food.
347               (b)      Dogs must be kept on a leash and under control at all
348      times.
349               (c)      Dogs may not be permitted on tables, bar tops, or
350      other furnishings.

                                                      Page 14 of 26

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




         PCSforHB 1165                                                              2020



351               (d)    Dogs may not be permitted in any area of the licensed
352      premises in which food is stored or prepared.
353               (e)    Dog waste must be cleaned immediately and the area
354      must be sanitized.
355               (3)    An individual may be held liable for failure to comply
356      with the conditions under paragraphs (2) (b)-(e) if such failure
357      causes injury or damage.
358               (4)    The division may adopt rules to administer this
359      section.
360              Section 5.         Section 563.061, Florida Statutes, is created
361      to read:
362              563.061        Return of malt beverage products.-
363               (1)    DEFINITIONS.-As used in this section, the term:
364               (a)    "Damaged product" means a malt beverage product
365      delivered to a vendor exhibiting product deterioration,
366      defective seals, leaking, damaged labels, or missing or
367      mutilated tamper-evident closures.
368               (b)    "Keg" means a reusable container used to store and
369      dispense a malt beverage product in draft form on tap.
370               (c)    "Manufacturer's code date" means a coded best-by date,
371      expiration date, or other designated date or dating system
372      established by a manufacturer to signify freshness that is
373      printed on the malt beverage container or, in the case of a keg,
374      marked on a cap, collar, tag, or label affixed directly to the
375      ~

                                                      Page 15 of 26

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




         PCS for HB 1165                                                         2020



376               (d)      "Out-of-code product" means a malt beverage product
377      that has exceeded the manufacturer's code date and, according to
378      the manufacturer's policies, must be removed and replaced with
379      fresh product for purchase in the retail market.
380               (e)      "Undamaged product" means a malt beverage product that
381      is not damaged or out of code.
382               (2)      CONSIGNMENT SALES PROHIBITED; AUTHORIZED RETURNS.-A
383      distributor may not sell, offer for sale, or contract to sell
384      malt beverages on consignment or any basis other than a bona
385      fide sale. A vendor may not purchase, offer to purchase, or
386      contract to purchase malt beverages on consignment or any basis
387      other than a bona fide sale. Once a distributor sells malt
388      beverages to a vendor, only bona fide returns are permitted for
389      the ordinary and usual commercial reasons authorized in this
390      section. This section does not permit return of product because
391      it is overstocked or slow-moving or because it has limited or
392      seasonal demand, including, but not limited to, product packaged
393      in holiday decanters or distinctive bottles.
394               (3)      RETURNS OF UNDAMAGED PRODUCT.-
395               (a)      Except as provided in paragraph (b), undamaged product
396      may be returned for exchange of product or credit.
397               (b)      A distributor may only accept a return of undamaged
398      product if the return is requested within 7 days after the
399      delivery date. However, a distributor may accept a return of



                                                      Page 16 of 26

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




         PCS for HB 1165                                                       2020



400      undamaged product after such time in the following
401      circumstances:
402              1.     If a vendor or its employees or agents are no longer
403      permitted, due to a change in regulation or administrative
404      procedure, to sell a particular brand or size product, such
405      product may be returned for credit or refund.
406              2.     If a vendor terminates operations, the vendor's
407      inventory of product at the time of termination may be returned
408      for credit or refund. This subparagraph does not apply during a
409      vendor's temporary seasonal shutdown.
410              3.    Except as provided in subparagraph 6., a product that
411      has not yet exceeded the manufacturer's code date may be
412      returned for purposes of ensuring quality control or freshness;
413      however, such product may only be returned for exchange of
414      product.
415              4.     If a manufacturer has issued a product recall that
416      affects multiple vendors that are not affiliated through having
417      common ownership, being members of the same pool buying group,
418      or being members of the same advertising cooperative, the
419      recalled product may be returned for exchange of product or
420      credit. If return of such product is requested more than 7 days
421      after the delivery date, the distributor must keep documentation
422      of the recall with the transaction record maintained pursuant to
423      subsection (8).



                                                      Page 17 of 26

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




         PCS for HB 1165                                                          2020



424              5.     If production or importation of a product is
425      discontinued, a vendor's inventory of the discontinued product
426      may be returned for credit or refund.
427              6.     If a vendor is only open for a portion of the year and
428      has product remaining at closure which, with respect to quality
429      control or freshness, would become unsuitable for sale during
430      the off-season according to the manufacturer's code date, such
431      product may be returned for credit or refund.
432
433      If undamaged product is returned under this paragraph, the
434      distributor must keep documentation of a qualifying exception in
435      subparagraphs 1.-6. with the transaction record maintained
436      pursuant to subsection (8).
437               (4)      RETURNS OF DAMAGED PRODUCT.-
438               (a)      Damaged product may only be returned for exchange of
439      product or credit. A distributor must verify damaged product
440      before accepting its return.
441               (b)      Product damaged by a vendor, its employees or agents,
442      or its customers may not be returned and shall be the vendor's
443      liability.
444               (c)      A distributor may only accept return of damaged
445      product if requested within 7 days after the delivery date.
446               (5)      RETURNS OF OUT-OF-CODE PRODUCT.-




                                                      Page 18 of 26

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




          PCS for HB 1165                                                        2020



447                (a)      Out-of-code product may only be returned for exchange
448       of product. A distributor must verify out-of-code product before
449       accepting its return.
450                (b)      A distributor may accept return of out-of-code product
451       any time after the manufacturer's code date only in the
452       following circumstances:
453               1.      The manufacturer has written policies and procedures
454       that specify the date that out-of-code product should be
455       removed.
456               2.      Such policies and procedures are readily available,
457       verifiable, and consistently applied by the manufacturer.
458               3.      The manufacturer's code date is printed on the product
459       container or, in the case of a keg, marked on a cap, collar,
4 60      tag, or label affixed directly to the keg.
4 61              4.      Out-of-code product removed by the distributor does not
462       reenter the retail market.
463                (6)      EXCHANGES OF PRODUCT.-An exchange of product
4 64      authorized under this section must be in exact quantities with a
465       product of near or equal value, made by the same manufacturer,
466       and in the same size container or keg unless a credit is issued
4 67      at the time of the return.
4 68               ( 7)     DISTRIBUTOR REQUIREMENTS FOR RETURNS.-This section
469       does not require a distributor to accept returns authorized
470       under this section; however, if a distributor accepts return of
471       product, the distributor must:

                                                       Page 19 of 26

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




          PCS for HB 1165                                                       2020



472                (a)      Provide the exchange of product, credit, or refund to
473       the vendor, as provided in subsections (3)-(5), at the same time
474       the distributor picks up the product being returned.
475                (b)      For damaged or undamaged product, pick up the product
476       being returned within 14 days after receipt of the vendor's
477       request.
478                (8)      TRANSACTION RECORDS.-A distributor must keep and
479       maintain for 3 years a transaction record of each return
480       identifying the vendor's business name, address, and license
481       number; product returned for exchange of product, credit, or
482       refund; and any other documentation required by this section.
483       The distributor must provide a copy of the transaction record to
484       the vendor in a format accessible and readable by the vendor.
485       Such transaction records must be maintained on the distributor's
486       licensed premises, or may be kept at another location in this
487       state if the distributor notifies the division in writing before
488       keeping records in another location, and must be made available
489       to the division upon request for inspection in a format
490       accessible and readable by the division. The distributor must
491       notify the division in writing of any change in recordkeeping
4 92      location.
493                (9)      RETURNS NOT TIED HOUSE EVIL.-Bona fide returns
494       authorized under this section for exchange of product, credit,
495       or refund are not considered gifts, loans, or other forms of
496       financial aid or assistance prohibited bys. 561.42.

                                                       Page 20 of 26

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




          PCS for HB 1165                                                         2020



4 97               (10)     CIVIL PENALTY.-In accordance withs. 561.29, the
498       division may impose a civil penalty against a distributor or
499       vendor for any violation of this section, or any rule adopted
500       under this section, not to exceed $1,000 per violation.
501                (11)     RULEMAKING AUTHORITY.-The division may adopt rules to
502       administer and enforce this section.
503               Section 6.         Section 564.05, Florida Statutes, is repealed.
504               Section 7.         Section 564.055, Florida Statutes, is repealed.
505               Section 8.         Section 564.09, Florida Statutes, is amended to
506       read:
507               564.09       Restaurants; off-premises consumption of wine.-
508       Notwithstanding any other provision of law, a restaurant
509       licensed to sell wine on the premises may permit a patron to
510       remove one unsealed bottle of wine for consumption off the
511       premises if the patron has purchased a full course meal
512       consisting of a salad or vegetable, entree, a beverage, and
513       bread and consumed a portion of the bottle of wine with such
514       mea-1- on the restaurant premises. A partially consumed bottle of
515       wine that is to be removed from the premises must be securely
516       resealed by the licensee or its employees before removal from
517       the premises. The partially consumed bottle of wine shall be
518       placed in a bag or other container that is secured in such a
519       manner that it is visibly apparent if the container has been
520       subsequently opened or tampered with, and a dated receipt for
521       the bottle of wine and full course meal shall be provided by the

                                                       Page 21 of 26

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




         PCS for HB 1165                                                         2020



522      licensee and attached to the container. If transported in a
523      motor vehicle, the container with the resealed bottle of wine
524      must be placed in a locked glove compartment, a locked trunk, or
525      the area behind the last upright seat of a motor vehicle that is
526      not equipped with a trunk.
527              Section 9.         Paragraphs (a) and (b) of subsection (1),
528      paragraphs         (b) and (c) of subsection (2), and subsection (5) of
529      section 565.03, Florida Statutes, are amended to read:
530              565.03       License fees; manufacturers, distributors, brokers,
531      sales agents, and importers of alcoholic beverages; vendor
532      licenses and fees; distilleries and craft distilleries.-
533               (1)      As used in this section, the term:
534               (a)      "Branded product" means any distilled spirits product
535      manufactured on site, or manufactured on site and blended on
536      site with other distilled spirits, which requires a federal
537      certificate and label approval by the Federal Alcohol
538      Administration Act or federal regulations.
539               (b)      "Craft distillery" means a licensed distillery that
540      produces 250,000 75,000 or fewer gallons per calendar year of
541      distilled spirits on its premises and is designated as a craft
542      distillery by has notified the division upon notification in
543      writing of its decision to qualify as a craft distillery.
544               (2)

545               (b)      A licensed distillery or craft distillery may Persons
546      licensed under this section who are in the business of

                                                      Page 22 of 26

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




         PCS for HB 1165                                                          2020



547      distilling spirituous liquors may aloe engage in the business of
548      rectifying and blending spirituous liquors without the payment
549      of an additional license tax.
550               (c)      A craft distillery licensed under this section which
551      is not licensed as a vendor under s. 561.221 may sell to
552      consumers under its craft distillery license, at its souvenir
553      gift shop, up to 75,000 gallons per calendar year of branded
554      products distilled on its premises in this state in factory-
555      sealed containers that are filled at the distillery for off-
556      premises consumption by consumers. Such sales are authorized
557      only on private property owned or leased by the craft distillery
558      which is contiguous to the craft distillery's licensed
559      distillery premises approved by the division in this state and
560      included on the sketch or diagram defining the licensed premises
561      submitted with the distillery's license application. All olcetch
562      or diagram revisions by the distillery shall require the
563      division's approval verifying that the souvenir gift shop
564      location operated by the licensed distillery io owned or leased
565      by the distillery and on property contiguous to the distillery's
566      production building in this state.
567              1.     A craft distillery may not sell under its craft
568      distillery license any factory-sealed individual containers of
569      spirits to consumers in this state except in face-to-face sales
570      transactions with such consumers at the craft distillery's
571      licensed premises. Such containers must be in compliance with

                                                      Page 23 of 26

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




         PCS for HB 1165                                                            2020



572      the container limits ins. 565.10 who are Htaking a purchase of
573      no Htore than si}{ individual containers of each branded product.
574              2.         Each container sold in face to face transactions with
575      consuHters Htust coHtply with the container liHtits ins. 565.10,
576      per calendar year for the consuHter's personal use and not for
577      resale and who are present at the distillery's licensed preHtises
578      in this state.
579              2.-3--;-    A craft distillery must report to the division within
580      5 days after it reaches the production limitations provided in
581      paragraph (1) (b). Any retail sales to consumers under its craft
582      distillery license at the craft distillery's licensed preHtises
583      are prohibited beginning the day after it reaches the production
584      limitation.
585              3.~         A craft distillery that has not been issued a
586      vendor's license under s. 561.221 may not ship or arrange to
587      ship any of its distilled spirits to consumers in this state and
588      may sell and deliver only to consumers within the state in a
589      face-to-face transaction at the distillery property. However, a
590      craft distillery distiller licensed under this section may ship,
591      arrange to ship, or deliver such spirits to manufacturers of
592      distilled spirits, wholesale distributors of distilled spirits,
593      state or federal bonded warehouses, -a-rre exporters, or consumers
594      located outside of this state; however, all such shipments must
595      comply with the laws where such products are scheduled to be
596      delivered for personal use.

                                                      Page 24 of 26

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




         PCS for HB 1165                                                              2020



597              4.     A craft distillery may transfer up to 75,000 gallons
598      per calendar year of distilled spirits that it manufactures from
599      its federal bonded space, nonbonded space at its licensed
600      premises, or storage areas to its souvenir gift shop.
601              5.     Except as provided in subparagraph 6., it is unlawful
602      to transfer a distillery license for a distillery that produces
603      75,000 or fewer gallons per calendar year of distilled spirits
604      on its premises or any ownership interest in such license to an
605      individual or entity that has a direct or indirect ownership
606      interest in any distillery licensed in this state; another
607      state, territory, or country; or by the United States government
608      to manufacture, blend, or rectify distilled spirits for beverage
609      purposes.
610              6.     A craft distillery shall not have its ownership
611      affiliated with another distillery, unless such distillery
612      produces 75,000 or fewer gallons per calendar year of distilled
613      spirits on each of its premises in this state or in another
614      state, territory, or country.
615               (5)      A craft distillery may transfer distilled spirits to
616      any of its retail areas pursuant to paragraph (2) (c) ors.
617      561. 221 and making sales under paragraph ( 2) ( c) is responsible
618      for submitting any excise taxes due to the state on distilled
619      spirits on beverages under the Beverage Law with -i-ft its monthly
620      report to the di vision with any tm{ payments due to the state.
621              Section 10.           Section 565.17, Florida Statutes, is amended

                                                      Page 25 of 26

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




         PCSforHB 1165                                                            2020



622      to read:
623              565.17       Beverage tastings by distributors, craft
624      distilleries, and vendors.-A licensed distributor of spirituous
625      beverages, a craft distillery, as defined ins. 565.03, or any
626      vendor, is authorized to conduct spirituous beverage tastings
627      upon any licensed premises authorized to sell spirituous
628      beverages by package or for consumption on premises without
629      being in violation of s. 561.42, provided that the conduct of
630      the spirituous beverage tasting shall be limited to and directed
631      toward the general public of the age of legal consumption.
632              Section 11.           This act shall take effect July 1, 2020.




                                                      Page 26 of 26

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                         V
"'CJ
0
CJ)

.,o'
:::c
llJ
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 1265 Verification of Employment Eligibility
SPONSOR(S): Commerce Committee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Commerce Committee                                                           Willson   f1W'        Hamon


                                                        SUMMARY ANALYSIS
Both Florida and federal law prohibit employers from hiring a person who is not authorized to work in the
United States. Federal law requires most employers to verify the eligibility of new hires using certain employee-
provided documents. Additionally, federal law requires some employers to use E-Verify, an Internet-based
system designed to allow employers to electronically confirm the employment eligibility of newly hired
employees in the United States. In Florida, state agencies that are under the direction of the Governor must
use E-Verify for all newly hired employees, and must require contractors and subcontractors to use E-Verify for
all new hires for the duration of a contract.

The bill provides that, beginning January 1, 2021, public employers, contractors, and subcontractors must
register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A
public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract
registers with and uses the E-Verify system.

The bill provides that, beginning January 1, 2021, a private employer must verify the employment eligibility of a
person who has accepted an offer of employment or a contract employee upon the renewal or extension of his
or her contract. A private employer must verify a person's employment eligibility by either using the E-Verify
system or requiring the person to provide the same documentation that is required by the United States
Citizenship and Immigration Services on its Employment Eligibility Verification form (Form 1-9).

The bill provides that if a private employer does not verify the employment eligibility of a current or future
employee, the Department of Economic Opportunity (DEO) must require the private employer to provide DEO
with an affidavit stating that:
• the private employer will comply with the employee verification requirements described above,
• the private employer has terminated the employment of all unauthorized aliens in this state, and
• the employer will not intentionally or knowingly employ an unauthorized alien in this state.

If a private employer does not provide the required affidavit within 30 days, the bill requires DEO to order the
appropriate agency to suspend all applicable licenses held by the private employer until the private employer
provides DEO with the required affidavit. If a private employer violates the verification of employment eligibility
requirements three times within a 36 month period, the bill requires permanent revocation of all licenses held
by the private employer specific to the business location where the unauthorized alien performed work.

The bill appears to an indeterminate, insignificant fiscal impact on state or local government.

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




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs1265.COM.D0CX
DATE: 2/24/2020
                                                  FULL ANALYSIS

                                           I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        Overview

        Both federal and Florida law prohibit a person from employing a person who is not authorized to work in
        the United States. Additionally, federal law requires some employers to use E-Verify and requires most
        employers to verify the eligibility of new hires using certain employee-provided documents. Moreover,
        by executive order of Governor Scott, state agencies under the direction of the Governor, as well as
        their contractors and subcontractors, must use E-Verify.

        E-Verify is a free, Internet-based system through which an employer can verify that a newly hired
        employee is authorized to work in the United States. 1 E-Verify electronically compares the information
        from an employee's Form 1-9 with records available to the Social Security Administration (SSA) and the
        U.S. Department of Homeland Security (DHS) to verify the identity and employment eligibility of newly
        hired employees. 2

        Florida Law

        A person may not knowingly employ, hire, recruit, or refer an alien for private or public employment
        within the state if the alien is not authorized to work under "the immigration laws" or by the United
        States Attorney General. 3 A first offense of this prohibition is a noncriminal violation punishable by a
        fine of up to $500; each subsequent offense is a second degree misdemeanor, 4 punishable by up to 60
        days in jail 5 and a fine not to exceed $500. 6

        Moreover, by Executive Order 11-116, state agencies that are under the direction of the Governor must
        use E-Verify for all newly hired employees. The order also requires an agency to include in a contract a
        provision requiring a contractor to use E-Verify for all new hires for the duration of the contract. These
        same requirements must be included in the contractor's contracts with subcontractors. 7

        Federal Law

       The federal Immigration Reform and Control Act of 1986 (IRCA) 8 made it illegal for any U.S. employer
       to knowingly:

           •    Hire, recruit, or refer for a fee an alien knowing he or she is unauthorized to work;
           •    Continue to employ an alien knowing he or she has become unauthorized; or
           •    Hire, recruit or refer for a fee, any person (citizen or alien) without following the record keeping
                requirements of the Act. 9


1 U.S. Citizenship and Immigration Services, How do I use E-Verify?      https://www.e-
verify.gov/sites/defau1Ufiles/everify/guides/E4en.pdf (last visited Feb. 22, 2020).
2 OHS and USCIS, E-Verify User Manual, https://www.e-verify.gov/e-verify-user-manual-10-introduction/11-background-

and-overview (last visited Feb. 22, 2020).
3 S. 448.09(1), F.S.
4 S. 448.09(2), F.S.
5 S. 775.082(4)(b), F.S.
6 S. 775.083(1)(e}, F.S.
7
  Exec. Order No. 11-116 (May 2011 }, available at http://edocs.dlis.state.fl.us/fldocs/governor/orders/2011/11-116-
suspend.pdf (last visited Feb. 22, 2020).
8 Public Law 99-603, 100 Stat. 3359.
STORAGE NAME: pcs1265.COM.D0CX                                                                                 PAGE: 2
DATE: 2/24/2020
         The IRCA established a procedure that employers must follow to verify that employees are authorized
         to work in the United States. 10 The procedure requires employees to present documents that establish
         both the worker's identity and eligibility to work, and requires employers to complete a Form 1-9 for each
         new employee hired. 11 The IRCA provides sanctions to be imposed on employers who knowingly
         employ aliens who are not authorized to work. 12 Federal law contains no criminal sanction for working
         without authorization, although document fraud is a civil violation. 13 The United States Citizenship and
         Immigration Services (USCIS) enforces these provisions. 14

         In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), 15
         which, among other things, created various employment eligibility verification programs, including the
         Basic Pilot program. Originally, the Basic Pilot program (now referred to as E-Verify) was available in
         five of the seven states that had the highest populations of unauthorized aliens and was initially
         authorized for only 4 years. However, Congress has consistently extended the program's life. It
         expanded the program in 2003, making it available in all 50 states. In 2008, the federal government
         began requiring any entity that maintained or applied for federal contracts to use E-Verify. 16

         Using E-Verify

         The Process, in Context

         E-Verify is the last step in a larger eligibility-verification process. This process begins when an
         employee accepts an offer of employment. 17 Between this point and the employee's first day on the job,
         he or she must complete Section 1 of the Form 1-9, which requires providing his or her name, address,
         Social Security Number, and citizenship status under penalty of perjury. 18 By the end of the third day on
         the job, the employer is required to complete Section 2, stating under penalty of perjury that he or she
         has reviewed certain employee-provided documents that establish the employee's eligibility. 19 This is
         where the required verification of employment eligibility stops for most employers.

         Before using E-Verify for the first time, an employer must enroll via the DHS's website. 20 At the end of
         the enrollment process, the employer must sign a Memorandum of Understanding that provides the
         terms of agreement between the employer and DHS. 21

         Once enrolled, an employer uses E-Verify by opening a "case" for an employee and entering basic
         information from the employee's Form 1-9 (name, address, SSN) into the case. 22 Then E-Verify

9 8 U.S.C. § 1324a.
10 Id.
11 Id.
12 Id. at 1324a(a)(1 )-(2).
13 Id. at 1324c.
14 Id. at 1324a.
15 Public Law 104-208.
16 Department of Homeland Security and USCIS, History and Milestones [of E-Verify),

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=84979589cdb76210V
gnVCM 1OOOOOb92ca60aRCRD&vgnextchannel=84979589cdb7621 OVgnVCM 1OOOOOb92ca60aRCRD (last visited Feb.
22, 2020).
17 United States Citizenship and Immigration Services, Complete and Co"ect Form 1-9, https://www.uscis.gov/i-9-

central/complete-and-correct-form-i-9, (last visited Feb. 22, 2020).
1a See 8 C.F.R. § 274a.2(b)(1)(i)(A).
19 See   aC.F.R. § 274a.2(b)(1)(ii).
20 Department of Homeland Security and USCIS, The Enrollment Process, https://www.e-verify.gov/employers/enrolling-

in-e-verify/the-enrollment-process (last visited Feb. 22, 2020).
21 The E-Verify Memorandum for Employers, available at https://www.e-

verify.gov/sites/default/files/everify/memos/MOUforEVerifyEmployer.pdf (last visited Feb. 22, 2020).
22 Department of Homeland Security and USCIS, ABOUT E-Verify, https://www.e-verify.gov/about-e-verify (last visited

Feb. 22, 2020).
STORAGE NAME: pcs1265.COM.D0CX                                                                               PAGE: 3
DATE: 2/24/2020
         compares that information to records available to the U.S. Department of Homeland Security and the
         Social Security Administration, and usually within seconds, issues one of several possible results to the
         employer. 23 A result of "Employment Authorized" indicates that the employee may work in the United
         States. Other results include:

            •   Verification In Process - This case was referred to DHS for further verification.
            •   Tentative Nonconfirmation (TNC) - Information did not match records available to SSA or DHS.
                Additional action is required.
            •   Case in Continuance - The employee has visited an SSA field office or contacted DHS, but
                more time is needed to determine a final case result.
            •   Close Case and Resubmit - SSA or DHS requires that the employer close the case and create a
                new case for this employee. This result may be issued when the employee's U.S. passport,
                passport card, or driver's license information is incorrect.
            •   Final Nonconfirmation - E-Verify cannot confirm the employee's employment eligibility after the
                employee visited SSA or contacted DHS. 24

         If the result is TNC, the employer must notify the employee, who must take further action to verify his or
         her eligibility. 25 If the result is Verification in Process or Case in Continuance, the E-Verify system
         needs more time to process the case. 26 Lastly, a result of "Final Nonconfirmation" indicates that there is
         no further action to be taken by any party and that E-Verify will not confirm that the employee is
         authorized to work in the United States. 27

         Results in FY2019

         In FY 2019, E-Verify processed 38,930,405 cases, 98.51% of which were automatically confirmed as
         "work authorized" and another 0.23% were confirmed after an initial "mismatch." 28

         For the remaining 1.27% of cases, the employees were not found to be authorized to work in the United
         States. 29 The vast majority of this 1.27% (0.97%) were cases that were not resolved by the end of FY
         2019 for various reasons, including because the case was awaiting further action by either the
         employer or employee at the end of the fiscal year or because the employer closed the case as "self-
         terminated."30

         Accuracy

         The most recent independent report of E-Verify's accuracy appears to have been done 2012 by the firm
         Westat. 31 The report relied on data from 2009 and before. 32

         Westat found that E-Verify was 94% accurate in its final disposition of cases-E-Verify confirmed 94%
         of employees who were in fact authorized to work in the United States; 94% of the Final
         Nonconfirmations (FNCs) issued were for people who were in fact not authorized to work in the United


23 Id.
24 Department of Homeland Security and USCIS, Verification Process, https://www.e-verify.gov/employers/verification-
process (last visited Feb. 22, 2020).
25 Id.
26 Id.
21 Id.
28 Department of Homeland Security and USCIS, E-Verify Performance, https://www.e-verify.gov/about-e-verify/e-verify-
data/e-verify-performance (last visited Feb. 22, 2020).
29 Id.
30 Id.
31 Westat, Evaluation of the Accuracy of E-Verify Findings, (July, 2012) available at https://www.e-
verify.gov/sites/defau lt/fi les/everify/data/Fi nd ings EVerifyAccuracyEval2012. pdf.
32 Id.
STORAGE NAME: pcs1265.COM.DOCX                                                                                  PAGE: 4
DATE: 2/24/2020
         States. As such, according to Westat, 6% of people who were in fact authorized to work in the United
         States received a FNC from E-Verify. 33

         User Satisfaction

         According to the Department of Homeland Security's most recent customer service report, which was
         published in 2018 regarding users' experiences in 2017, employers rated their experience of "using E-
         Verify" at "90," based on subcategories such as "ease of use" and "speed of response." 34 These same
         users rated their overall satisfaction with E-Verify at "85." 35

         In 2017, 13 percent of employers contacted E-Verify by phone for customer service. 36 These employers
         rated their experience at "89." 37 And 96 percent of those who contacted customer service reported
         having their issue resolved, usually on the first call (89 percent). 38

         Mandatory Use of E-Verify in Other States

         At least 19 other states require the use of E-Verify by public employers, contractors or subcontractors
         of public employers, or private employers.

         The following states require private employers, as well as public employers and their contractors and
         subcontractors, to use E-Verify:
            • North Carolina 39
                            40
            • Mississippi41
            • Georgia42
            • Arizona 43
            • Alabama
            • Utah44
            • South Carolina45
         The following states require only public employers and their contractors to use E-Verify:
            • lndiana46
            • Nebraska47
            • Missouri48


33 Id.
34 U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Annual Customer Satisfaction

Survey 2017, (Mar. 2018), https://www.e-
verify.gov/sites/defaulUfiles/everify/data/EVerifyCustomerSatisfactionSurvey2017.pdf (last visited Feb. 22, 2020).
35 Id. This rating is in line with prior years' ratings, which have fluctuated between 85 and 87 since 2011.
36 Id.
37 Id.
38 Id.
39 N.C.G.S. § 160A-169.1 (municipalities); 153A-99.1 (counties); 143-48.5, 143-133.3 (public contractors); 64-26 (private
employers that have more than 25 employees); 126-7.1 (state agencies).
40 Miss. Code§ 71-11-3.
41 Ga. Code§ 13-10-91 (public employers and contractors); 36-60-6 (private employers that have more than 10

employees).
42 Ariz. Rev. Stat.§ 41-4401 (public contractors); 23-214 (private and public employers).
43 Ala. Code§ 31-13-15.
44 Utah Code§ 63G-12-301 (private employers having 15 or more employees, unless the employee has a guest worker

permit), 63G-12-302 (public employers and contractors). Under both statutes, the employers may use E-Verify or another
federal verification program.
45 S.C. Code§ 41-8-20 (private employers); 8-14-20 (public employers and contractors).
46 Ind. Code§ 22-5-1.7-11.1.
41 Nev. Rev. St. § 4-114.
48 Miss. Stat. § 285.530.
STORAGE NAME: pcs1265.COM.D0CX                                                                                    PAGE: 5
DATE: 2/24/2020
            •   Colorado49
            •   Oklahoma 50
            •   Texas51
            •   Virginia 52

        Some states' approaches do not fall squarely into the above categories. For example, Tennessee
        requires only private employers that have 50 or more employees to use E-Verify. 53 Pennsylvania
        requires public contractors and private construction employers to use E-Verify. 54 In Michigan, only
        contractors of the Michigan Department of Transportation must use E-Verify. 55 Finally, West Virginia
        requires contractors whose employees work on the Capitol grounds to use E-Verify. 56

        Effect of the Bill

        Definitions

        The bill defines the following terms:

            •   "Agency" means an agency, a department, a board, or a commission of this state or a county or
                municipality which issues a license to operate a business in this state.

            •   "Department" means the Department of Economic Opportunity.

            •   "Contractor'' means a person or entity that has entered or is attempting to enter into a contract
                with a public employer to provide labor, supplies, or services to such employer in exchange for
                salary, wages, or other remuneration.

            •   "Employee" means a person filling an authorized and established position who performs labor
                or services for a public or private employer in exchange for salary, wages, or other
                remuneration.

            •   "E-Verify system" means an Internet-based system operated by the United States Department
                of Homeland Security that allows participating employers to electronically verify the employment
                eligibility of newly hired employees.

            •   "Legal alien" means a person who is or was lawfully present or permanently residing legally in
                the United States and allowed to work at the time of employment and remains so throughout the
                duration of that employment.

            •   "License" means a franchise, a permit, a certificate, an approval, a registration, a charter, or any
                similar form of authorization required by state law and issued by an agency for the purpose of
                operating a business in this state. The term includes, but is not limited to:
                    o An article of incorporation.
                    o A certificate of partnership, a partnership registration, or an article of organization.
                    o A grant of authority issued pursuant to state or federal law.
                    o A transaction privilege tax license.


49 Colo. Rev. Stat.§ 8-17.5-102.
50 25 Oki. St. § 1313 (public employers and contractors must use E-Verify or another federal verification program).
51 Tex. Nat. Res. Code§ 81.072 (public contractors); Tex. Gov. Code§ 673.002 (state agencies)
52 Va. Code § 40.1-11.2 (state agencies), 2.2-4308.2 (public contractors).
53 Tenn. Code§ 50-1-703.
54 43 Penn. Stat. § 167.3 (public contractors); 43 Penn. Stat. §168.3 (private construction employers).
55 Act 200, Public Acts of 2012, Sec. 381.

56 W. Va. Code, § 15-2D-3.
STORAGE NAME: pcs1265.COM.D0CX                                                                                        PAGE: 6
DATE: 2/24/2020
           •   "Private employer'' means a person or entity that transacts business in this state, that has a
               license issued by an agency in this state, and that employs persons to perform labor or services
               in exchange for salary, wages, or other remuneration. The term does not include:
                   o A public employer;
                   o The occupant or owner of a private residence who hires:
                            • Casual labor, as defined in s. 443.036, F.S., to be performed entirely within the
                               private residence; or
                            • A licensed independent contractor, as defined in federal laws or regulations, to
                               perform a specified portion of labor or services; or
                   o An employee leasing company licensed under part XI of ch. 468, F.S., that enters into a
                       written agreement or understanding with a client company which places the primary
                       obligation for compliance with this section upon the client company. In the absence of a
                       written agreement or understanding, the employee leasing company is responsible for
                       compliance with this section. Such employee leasing company shall, at all times, remain
                       an employer as otherwise defined in federal laws or regulations.

           •   "Public employer" means an agency within state, regional, county, local, or municipal
               government, whether executive, judicial, or legislative, or any public school, community college,
               or state university that employs persons who perform labor or services for that employer in
               exchange for salary, wages, or other remuneration or that enters or attempts to enter into a
               contract with a contractor.

           •   "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
               contractor or another subcontractor in exchange for salary, wages, or other remuneration.

           •   "Unauthorized alien" means a person who is not authorized under federal law to be employed in
               the United States, as described in 8 U.S.C. § 1324a(h)(3). The term shall be interpreted
               consistently with that section and any applicable federal rules or regulations.

       Public Employers, Contractors, and Subcontractors

       The bill provides that, beginning January 1, 2021, public employers, contractors, and subcontractors
       must register with and use the E-Verify system to verify the work authorization status of all newly hired
       employees. The bill specifies that a public employer, contractor, or subcontractor may not enter into a
       contract unless each party to the contract registers with and uses the E-Verify system.

       Additional requirements include:
          • Subcontractors must provide contractors with an affidavit stating that the subcontractor does not
              employ, contract with, or subcontract with an unauthorized alien, and the contractor must
               maintain a copy of the affidavit for the duration of the contract.

       The bill provides that a public employer, contractor, or subcontractor who has a good faith belief that a
       person or entity with which it is contracting has knowingly employed, hired, recruited or referred an
       unauthorized alien must terminate the contract with the person or entity. Furthermore, if a public
       employer has a good faith belief that a subcontractor has knowingly violated relevant portions of the
       bill, but the contractor has otherwise complied, the public employer must promptly notify the contractor
       and order the contractor to immediately terminate the contract with the subcontractor. The bill specifies
       that a termination of a contract for either of these reasons may not be considered a breach of contract.

       Actions to challenge such terminations must be filed no later than 20 calendar days after the
       termination date. If a public employer terminates a contract with a contractor, the contractor may not be
       awarded a public contract for at least one year after the date on which the contract was terminated, and
       the contractor is liable for any additional costs incurred by the public employer as a result of the
       contract termination.

STORAGE NAME: pcs1265.COM.D0CX                                                                            PAGE: 7
DATE: 2/24/2020
       Private Employers

       The bill provides that, beginning January 1, 2021, a private employer must verify the employment
       eligibility of a person who has accepted an offer of employment or a contract employee upon the
       renewal or extension of his or her contract. The bill specifies that private employers are not required to
       verify the employment eligibility of employees hired before January 1, 2021.

       A private employer must verify a person's employment eligibility by:
          • Using the E-Verify system; or
          • Requiring the person to provide the same documentation that is required by the United States
               Citizenship and Immigration Services on its Employment Eligibility Verification form (Form 1-9).

       The private employer must retain a copy of such documentation for at least 3 years after the person's
       initial date of employment.

       The bill provides that a private employer who complies with the requirements of the bill may not be held
       civilly or criminally liable under state law for hiring, continuing to employ, or refusing to hire an
       unauthorized alien if the proper protocol was followed to verify that the person's work authorization
       status was not that of an unauthorized alien. The bill specifies that compliance with proper protocol
       creates a rebuttable presumption that a private employer did not knowingly employ an unauthorized
       alien.

       The bill requires a private employer to provide copies of any document used to verify a person's
       employment eligibility, upon request by:
          • The Department of Law Enforcement.
          • The Attorney General.
          • The state attorney.
          • The statewide prosecutor.

       The bill specifies that the entities listed above must rely upon the federal government to verify a
       person's employment eligibility, and may not independently make a final determination as to whether a
       person is an unauthorized alien.

       The bill provides that, if a private employer does not verify the employment eligibility of a current or
       future employee in accordance with the requirements above, DEO must require the private employer to
       provide DEO with an affidavit stating that:
           • the private employer will comply with the employee verification requirements listed above,
           • the private employer has terminated the employment of all unauthorized aliens in this state, and
           • the employer will not intentionally or knowingly employ an unauthorized alien in this state.

       If the private employer does not provide the required affidavit within 30 days, the bill requires DEO to
       order the appropriate agency to suspend all applicable licenses held by the private employer until the
       private employer provides DEO with the required affidavit. The bill specifies that the licenses subject to
       suspension include all licenses held by the employer specific to the business location where the
       unauthorized alien performed work. If the employer does not hold a license specific to the business
       location where the unauthorized alien performed work, but a license is necessary to operate the
       employer's business in general, the licenses that are subject to suspension are all licenses that are
       held by the employer at the employer's primary place of business.

       For any private employer found to have violated the requirements relating to the verification of
       employment eligibility for current or future employees three times within any 36 month period, DEO
       must order the appropriate agencies to permanently revoke all licenses that are held by the private
       employer specific to the business location where the unauthorized alien performed work. If the private
       employer does not hold a license specific to the business location where the unauthorized alien
       performed work, but a license is necessary to operate the private employer's business in general, the
STORAGE NAME: pcs1265.COM.D0CX                                                                             PAGE: 8
DATE: 2/24/2020
       bill directs DEO to order the appropriate agencies to permanently revoke all licenses that are held by
       the private employer at the private employer's primary place of business.

       The bill specifies that the requirements provided for in the bill be enforced without regard to race, color,
       or national origin and shall be construed in a manner so as to be fully consistent with any applicable
       federal laws or regulations.

       Economic Development Incentives

       The bill amends s. 288.061, F.S., relating to the economic development incentive application process.
       Beginning July 1, 2020, the bill specifies that the executive director of DEO may not approve an
       economic development incentive application unless the application includes that the applicant is
       registered with and uses the E-Verify system to verify the work authorization status of all newly hired
       employees. If DEO determines that an awardee is not complying with this requirement, DEO must
       notify the awardee by certified mail of their determination of noncompliance and the awardee's right to
       appeal the determination. On a final determination of noncompliance, the awardee must repay DEO all
       monies received as an economic development incentive within thirty days of the final determination.

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

   8. SECTION DIRECTORY:
       Section 1      Amends s. 288.061, F.S., requiring that certain information be included in the economic
                      development incentive application process.

       Section 2      Amends s. 448.095, F.S.; relating to the verification of employment eligibility by certain
                      employers.

       Section 3      Provides an effective date.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           The bill requires DEO to enforce the suspension of the license of an employer that fails to verify a
           person's employment eligibility. This enforcement may occur at the local government level and at
           specific state agencies. This additional enforcement duty will likely result in additional costs to DEO.

   8. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:


STORAGE NAME: pcs1265.COM.D0CX                                                                               PAGE: 9
DATE: 2/24/2020
       The bill could increase costs for employers that do not currently verify a person's employment eligibility.
       Though the federal government does not charge a fee for the use of E-Verify, using E-Verify or
       requiring an employer to verify an individual's employment eligibility by means of document review
       could increase the labor involved in hiring an employee, especially if E-Verify is used and the initial
       response for that employee is not "Employment Authorized."

   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
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.


       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:



   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                        IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs1265.COM.D0CX                                                                            PAGE: 10
DATE: 2/24/2020
F       L   O   R     D A        H   O   U   S   E      0   F      REPRESENTATIVES




            PCS for HB 1265                                                     2020




    1                                         A bill to be entitled
    2               An act relating to the verification of employment
    3               eligibility; amending s. 288.061, F.S.; requiring that
    4               certain information be included in the economic
    5               development incentive application process; creating s.
    6               448.095, F.S.; providing definitions; requiring public
    7               employers, contractors, and subcontractors to register
    8               with and use the E-Verify system; prohibiting such
    9               entities from entering into a contract unless each
10                  party to the contract registers with and uses the E-
11                  Verify system; requiring a subcontractor to provide a
12                  contractor with a certain affidavit; requiring a
13                  contractor to maintain a copy of such affidavit;
14                  authorizing the termination of a contract under
15                  certain conditions; providing that such termination is
16                  not a breach of contract; authorizing a challenge to
17                  such termination; providing certain liability if a
18                  contract is terminated; requiring private employers to
19                  verify the employment eligibility of newly hired
20                  employees beginning on a specified date; providing an
21                  exception; providing acceptable methods for verifying
22                  employment eligibility; requiring a private employer
23                  to maintain certain documentation for a specified
24                  time; providing specified immunity and nonliability
25                  for private employers; creating a rebuttable

                                                         Page 1 of 10

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




        PCS for HB 1265                                                          2020




26              presumption for private employers; requiring private
27              employers to provide copies of certain employment
28              documents, upon request, to specified persons or
29              entities for certain purposes; providing for the
30              suspension or revocation of certain licenses under
31              certain circumstances; providing construction;
32              providing an effective date.
33
34      Be It Enacted by the Legislature of the State of Florida:
35
36              Section 1.         Subsection (7) is added to section 288.061,
37      Florida Statutes, to read:
38              288.061       Economic development incentive application
39      process.-
40               (7)      Beginning July 1, 2020, the executive director may not
41      approve an economic development incentive application unless the
42      application includes proof to the department that the applicant
43      is registered with and uses the E-Verify system, as defined in
44      s. 448.095, to verify the work authorization status of all newly
45      hired employees. If the department determines that the awardee
46      is not complying with this subsection, the department must
47      notify the awardee by certified mail of the department's
48      determination of noncompliance and the awardee's right to appeal
49      the determination. On a final determination of noncompliance,
50      the awardee must repay all monies received as an economic

                                                      Page 2 of 10

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




        PCS for HB 1265                                                                       2020




51      development incentive to the department within thirty days of
52      the final determination.
53              Section 2.         Section 448.095,            Florida Statutes, is created
54      to read:
55              448.095       Employment eligibility.-
56               (1)      DEFINITIONS.-As used in this section, the term:
57               (a)      "Agency" means an agency, a department, a board, or a
58      commission of this state or a county or municipality which
59      issues a license to operate a business in this state.
60               (b)      "Contractor" means a person or entity that has entered
61      or is attempting to enter into a contract with a public employer
62      to provide labor, supplies, or services to such employer in
63      exchange for salary, wages, or other remuneration.
64               ( c)     "Department" means the Department of Economic
65      Opportunity.
66               (d)      "Employee" means a person filling an authorized and
67      established position who performs labor or services for a public
68      or private employer in exchange for salary, wages, or other
69      remuneration.
70               (e)      "E-Verify system" means an Internet-based system
71      operated by the United States Department of Homeland Security
72      that allows participating employers to electronically verify the
73      employment eligibility of newly hired employees.
74               ( f)     "Legal alien" means a person who is or was lawfully
75      present or permanently residing legally in the United States and

                                                      Page 3 of 10

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




         PCS for HB 1265                                                                       2020



 76      allowed to work at the time of employment and remains so
 77      throughout the duration of that employment.
 78               (g)      "License" means a franchise,                 a permit, a certificate,
 79      an approval, a registration, a charter, or any similar form of
 80      authorization required by state law and issued by an agency for
 81      the purpose of operating a business in this state. The term
 82      includes, but is not limited to:
 83              1.     An article of incorporation.
 84              2.     A certificate of partnership, a partnership
 85      registration, or an article of organization.
 86              3.     A grant of authority issued pursuant to state or
 87      federal law.
 88              4.     A transaction privilege tax license.
 89               (h)      "Private employer" means a person or entity that
 90      transacts business in this state, that has a license issued by
 91      an agency in this state, and that employs persons to perform
 92      labor or services in exchange for salary, wages, or other
 93      remuneration. The term does not include:
 94              1.     A public employer;
 95              2.     The occupant or owner of a private residence who hires:
 96              a.     Casual labor, as defined ins. 443.036, to be performed
 97      entirely within the private residence; or
 98              b.     A licensed independent contractor, as defined in
 99      federal laws or regulations, to perform a specified portion of
100      labor or services; or

                                                       Page 4 of 10

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




         PCS for HB 1265                                                         2020




101              3.      An employee leasing company licensed under part XI of
102      chapter 468 that enters into a written agreement or
103      understanding with a client company which places the primary
104      obligation for compliance with this section upon the client
105      company. In the absence of a written agreement or understanding,
106      the employee leasing company is responsible for compliance with
107      this section. Such employee leasing company shall, at all times,
108      remain an employer as otherwise defined in federal laws or
109      regulations.
110               (i)      "Public employer" means an entity within state,
111      regional, county, local, or municipal government, whether
112      executive,         judicial, or legislative, or any public school,
113      community college, or state university that employs persons who
114      perform labor or services for that employer in exchange for
115      salary, wages, or other remuneration or that enters or attempts
116      to enter into a contract with a contractor.
117               (j )     "Subcontractor" means a person or entity that provides
118      labor, supplies, or services to or for a contractor or another
119      subcontractor in exchange for salary, wages, or other
120      remuneration.
121               (k)      "Unauthorized alien" means a person who is not
122      authorized under federal law to be employed in the United
123      States, as described in 8 U.S.C. s. 1324a(h) (3). The term shall
124      be interpreted consistently with that section and any applicable
125      federal rules or regulations.

                                                       Page 5 of 10

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




         PCS for HB 1265                                                         2020




126               (2)      PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS.-
127               (a)      Beginning January 1, 2021, every public employer,
128      contractor, and subcontractor shall register with and use the E-
129      Verify system to verify the work authorization status of all
130      newly hired employees. A public employer, contractor, or
131      subcontractor may not enter into a contract unless each party to
132      the contract registers with and uses the E-Verify system.
133               (b) 1.     If a contractor enters into a contract with a
134      subcontractor, the subcontractor must provide the contractor
135      with an affidavit stating that the subcontractor does not
136      employ, contract with, or subcontract with an unauthorized
137      alien.
138              2.     The contractor shall maintain a copy of such affidavit
139      for the duration of the contract.
140               (c)l.     A public employer, contractor, or subcontractor who
141      has a good faith belief that a person or entity with which it is
142      contracting has knowingly violated s. 448.09(1) shall terminate
143      the contract with the person or entity.
144              2.     A public employer that has a good faith belief that a
145      subcontractor knowingly violated this subsection, but the
146      contractor otherwise complied with this subsection, shall
147      promptly notify the contractor and order the contractor to
148      immediately terminate the contract with the subcontractor.
149              3.     A contract terminated under subparagraph 1. or
150      subparagraph 2. is not a breach of contract and may not be

                                                       Page 6 of 10

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




         PCS for HB 1265                                                          2020



151      considered as such.
152               (d)      A public employer, contractor, or subcontractor may
153      file an action with a circuit or county court to challenge a
154      termination under paragraph (c) no later than 20 calendar days
155      after the date on which the contract was terminated.
156               ( e)     If a public employer terminates a contract with a
157      contractor under paragraph (c), the contractor may not be
158      awarded a public contract for at least 1 year after the date on
159      which the contract was terminated.
160               (f)      A contractor is liable for any additional costs
161      incurred by the public employer as a result of the termination
162      of the contract.
163               (3)      PRIVATE EMPLOYERS.-
164               (a)      Beginning January 1, 2021, a private employer shall,
165      after making an offer of employment which has been accepted by a
166      person, verify such person's employment eligibility. A private
167      employer is not required to verify the employment eligibility of
168      a continuing employee hired before January 1, 2021. However, if
169      a person is a contract employee retained by a private employer,
170      the private employer must verify the employee's employment
171      eligibility upon the renewal or extension of his or her
172      contract.
173               (b)      A private employer shall verify a person's employment
174      eligibility by:
175              1.      Using the E-Verify system; or

                                                       Page 7 of 10

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




          PCS for HB 1265                                                         2020




176               2.     Requiring the person to provide the same documentation
177       that is required by the United States Citizenship and
178       Immigration Services on its Employment Eligibility Verification
179       form (Form I-9).
180
181       The private employer must retain a copy of the documentation
182       provided under this subparagraph for at least 3 years after the
183       person's initial date of employment.
184                (c)      A private employer that complies with this subsection

185       may not be held civilly or criminally liable under state law for
18 6      hiring, continuing to employ, or refusing to hire an
187       unauthorized alien if the information obtained under paragraph
188        (b) indicates that the person's work authorization status was
189       not that of an unauthorized alien.
190                (d)      For purposes of this subsection, compliance with
191       paragraph (b) creates a rebuttable presumption that a private
192       employer did not knowingly employ an unauthorized alien in
193       violation of s. 448.09(1).
194                (e)      For the purpose of enforcement of this section, the
195       following persons or entities may request, and the private
196       employer must provide copies of, any documents relied upon by
197       the private employer for the verification of a person's
198       employment eligibility, including, but not limited to, any
199       document required under paragraph (b):
200               1.     The Department of Law Enforcement.

                                                        Page 8 of 10

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




         PCS for HB 1265                                                          2020




201              2.     The Attorney General.
202              3.     The state attorney.
203              4.     The statewide prosecutor.
204
205      A person or entity that makes a request under this paragraph
206      must rely upon the federal government to verify a person's
207      employment eligibility, and may not independently make a final
208      determination as to whether a person is an unauthorized alien.
209               (f)      If a private employer does not comply with paragraph
210       (b), the department must require the private employer to provide
211      an affidavit to the department stating that the private employer
212      will comply with paragraph (b) and the private employer has
213      terminated the employment of all unauthorized aliens in this
214      state and that the employer will not intentionally or knowingly
215      employ an unauthorized alien in this state. If the private
216      employer does not provide the required affidavit within 30 days,
217      the department must order the appropriate agency to suspend all
218      applicable licenses held by the private employer until the
219      private employer provides the department with the required
220      affidavit. For the purposes of this paragraph, the licenses that
221      are subject to suspension under this paragraph are all licenses
222      that are held by the employer specific to the business location
223      where the unauthorized alien performed work. If the employer
224      does not hold a license specific to the business location where
225      the unauthorized alien performed work, but a license is

                                                       Page 9 of 10

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




         PCS for HB 1265                                                          2020




226      necessary to operate the employer's business in general, the
227      licenses that are subject to suspension under this subdivision
228      are all licenses that are held by the employer at the employer's
229      primary place of business.
230               (g)      For any private employer found to have violated
231      paragraph (f) three times within any 36 month period, the
232      department shall order the appropriate agencies to permanently
233      revoke all licenses that are held by the private employer
234      specific to the business location where the unauthorized alien
235      performed work. If the private employer does not hold a license
236      specific to the business location where the unauthorized alien
237      performed work, but a license is necessary to operate the
238      private employer's business in general, the department shall
239      order the appropriate agencies to permanently revoke all
240      licenses that are held by the private employer at the private
241      employer's primary place of business.
242               (4)      CONSTRUCTION.-This section shall be enforced without
243      regard to race, color, or national origin and shall be construed
244      in a manner so as to be fully consistent with any applicable
245      federal laws or regulations.
246              Section 3.         This act shall take effect July 1, 2020.




                                                      Page 10 of 10

      CODING: Words stricken are deletions; words underlined are additions.


File and source

File
2020-02-27_2994_commerce-committee_meeting-packets_mtg12650.pdf
Size
23,672,239 bytes
SHA-256
8440e8206c5ee2310b09cccecc41e1240631b4eeb85dae148d6662dec53ca61d
Our copy
2020-02-27_2994_commerce-committee_meeting-packets_mtg12650.pdf
Original
No public link identified.
Back to top