Meeting Packet - Commerce Committee (March 9, 2021)
Summary
Meeting packet of The Florida House of Representatives Commerce Committee for Tuesday, March 9, 2021, 3:45 PM to 5:45 PM at Webster Hall (212 Knott). The agenda lists CS/HB 55 Building Design, HB 403 Home-based Businesses, CS/HB 425 Disposition of Unclaimed Property, HB 487 Small Scale Development Amendments, CS/HB 515 Duties of the Attorney General and CS/HB 663 Cottage Food Operations. The staff analysis of CS/HB 55 says the bill prohibits local governments from adopting land development regulations requiring specific building design elements for single- and two-family dwellings unless certain conditions are met, has an indeterminate fiscal impact on local governments, and provides an effective date of July 1, 2021. The packet ends with the text of CS/HB 663, whose Section 4 takes effect July 1, 2021.
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Commerce Committee
Tuesday, March 9, 2021
3:45 PM - 5:45 PM
Webster Hall (212 Knott)
Meeting Packet
Chris Sprowls Blaise Ingoglia
Speaker Chair
The Florida House of Representatives
Commerce Committee
Chris Sprowls Blaise Ingoglia
Speaker Chair
Meeting Agenda
Tuesday, March 9, 2021
3:45 PM – 5:45 PM
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• CS/HB 55 Building Design by Regulatory Reform Subcommittee, Overdorf
• HB 403 Home-based Businesses by Giallombardo
• CS/HB 425 Disposition of Unclaimed Property by Insurance & Banking
Subcommittee, Clemons
• HB 487 Small Scale Development Amendments by Duggan
• CS/HB 515 Duties of the Attorney General by Judiciary Committee, Mariano
• CS/HB 663 Cottage Food Operations by Regulatory Reform Subcommittee,
Salzman
V. Closing Remarks
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
CS/HB 55
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 55 Building Design
SPONSOR(S): Regulatory Reform Subcommittee, Overdorf
TIED BILLS: IDEN./SIM. BILLS: SB 284
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 12 Y, 5 N, As CS Brackett Anstead
2) Local Administration & Veterans Affairs 12 Y, 6 N Darden Miller
Subcommittee
3) Commerce Committee Brackett Hamon
SUMMARY ANALYSIS
Property development in Florida is governed in part by both the Community Planning Act and the Florida
Building Code. The Community Planning Act governs how local governments create and adopt local
comprehensive plans, implement land development regulations, and issue development orders and permits.
Some local governments have implemented regulations that require new residential dwellings in the
community to have specific building design elements such as exterior paint color, exterior building material,
architectural style of windows and doors, and location of windows and doors.
The bill:
Prohibits local governments from adopting land development regulations that require specific building
design elements for single- and two- family dwellings, unless certain conditions are met.
Provides that local governments may adopt land development regulations requiring certain building
design elements to single- and two-family dwellings when:
o The dwelling is a historic property or located in a historic district;
o The regulations are adopted in order to implement the National Flood Insurance Program;
o The regulations are adopted in accordance and compliance with the procedures for adopting
local amendments to the Florida Building Code; or
o The dwelling is located in a community redevelopment area.
Defines the term “building design elements” to mean exterior color, type or style of exterior cladding,
style or material of roof structures or porches, exterior nonstructural architectural ornamentation,
location or architectural styling of windows or doors, location and orientation of the garage, and
number, type, and layout of rooms.
Provides that the term “building design elements” does not include setback including the height, bulk,
orientation, location on a zoning lot, or the use of buffering or screening to minimize potential adverse
physical or visual impacts or protect the privacy of neighbors.
The bill has an indeterminate fiscal impact on local governments.
The bill provides for an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 3/5/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The Community Planning Act
Adopted in 1985, the Local Government Comprehensive Planning and Land Development Regulation
Act, also known as Florida’s Growth Management Act, was significantly revised in 2011, becoming the
Community Planning Act (Act).1 The Act governs how local governments create and adopt their local
comprehensive plans. The legislative intent is for local governments to manage growth through
comprehensive land use plans that preserve, promote, protect, and improve the public health, safety,
comfort, good order, appearance, convenience, law enforcement and fire prevention, and general
welfare.2
Local comprehensive plans must include principles, guidelines, standards, and strategies for the orderly
and balanced future land development of the area and reflect community commitments to implement
the plan. Plans also are required to identify procedures for monitoring, evaluating, and appraising
implementation of the plan.3 Plans may include optional elements,4 but must include the following
elements:5
Capital improvements;
Future land use plan;
Intergovernmental coordination;
Conservation;
Transportation;
Sanitary sewer, solid waste, drainage, potable water, and aquifer recharge;
Recreation and open space;
Housing; and
Coastal management (for coastal local governments).
The comprehensive plan is implemented via land development regulations. Land development
regulations are ordinances regulating any aspect of development including any local government
zoning, rezoning, subdivision, building construction, sign regulations, or any regulation that controls the
development of land.6
Each county and municipality must adopt and enforce land development regulations that are consistent
with and implement their adopted comprehensive plan.7 All local government land development
regulations must be consistent with the local government’s comprehensive plan.8
Some local governments in Florida have adopted land development regulations that place restrictions
on the design of new single- and two- family buildings such as the:
1
Ch. 11-139, Laws of Fla.
2
S. 163.3161(4), F.S.
3
S. 163.3177(1), F.S.
4
Id.
5 Ss. 163.3177(3) & (6), F.S.
6
Ss. 163.3164(26) & 163.3202(1), F.S.
7 S. 163.3202(1), F.S.
8
S. 163.3194(1)(b), F.S.
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External paint color;9
Architectural style of:10
o Windows;
o Doors, including garage doors;
o Front porches; and
o Roofs.
Exterior building material;11 and
Location of windows and garage doors.12
Some local governments may be adopting ordinances related to building design elements because the
local government is adopting the principles of “new urbanism.” New urbanism is a land development
policy that attempts to solve issues created by urban sprawl, such as traffic jams, ugliness, and lifeless
downtowns, by establishing compact, mixed-use, and pedestrian friendly communities. The principles
of new urbanism can be achieved through creating mixed-use areas with residential areas located
within walking distance of commercial areas located in a town center, creating parks and civic spaces
located near the town center, and building narrow streets with sidewalks and trees to promote
walking.13
New urbanism also includes creating communities and neighborhoods that have a certain style of
architecture and design and, thus, are more pleasant to live in and walk through. Local governments
can accomplish this by requiring buildings, including single- and two- family buildings, within their
jurisdictions to have specific building design elements.14
Opponents of the adoption of the building design element ordinances argue that these types of building
design elements increase housing costs and prevent homeowners from choosing their own preferences
or styles.15 Local governments argue that the building design element ordinances ensure that poorly
designed buildings do not lower the value of surrounding properties. Prohibiting such ordinances, they
say, will prevent them from developing a plan for their own community.16
The Florida Building Code
The Florida Building Code (Building Code) is the statewide building code for all construction in the
state. The main purpose of the Building Code is to regulate new construction or proposed modifications
to existing structures in order to give the occupants the highest level of safety and the least amount of
9
Osceola County Land Development Code, § Ch. 3, Article 3.2.2.; Code of the City of Orlando, § Ch. 58, Part 3, Section 58.517;
Orange County Code, § Chapter 38, Article VIII, Division 8.
10
Osceola County Land Development Code, § Ch. 3, Article 3.2.2.; Code of the City of Orlando, § Ch. 58, Part 3, Section 58.517;
City of Winter Park Code of Ordinances, § Ch. 58, Art. 3, Section 58-67; Orange County Code, § Chapter 38, Article VIII, Division 8.
11
Orange County Code, § Chapter 38, Article VIII, Division 8; City of Winter Park Code of Ordinances, § Ch. 58, Art. 3, Section 58-
67
12
Code of the City of Orlando, § Ch. 58, Part 3, Section 58.517.
13
Doris S. Goldstein, New Urbanism: Recreating Florida by Rewriting the Rules, Florida Bar Journal, April 2006, at 63; Michigan
Land Institute, 10 Principles of New Urbanism, http://www.mlui.org/mlui/news-views/articles-from-1995-to-
2012.html?archive_id=678#.Xhd62ehKiUk (last visited Jan. 29, 2021); Congress for the New Urbanism, What is New Urbanism?,
https://www.cnu.org/resources/what-new-urbanism (last visited Jan. 29, 2021).
14
Id.
15
Michael Bezruki, Governor Signs Arkansas Housing Affordability Bill Into Law, National Home Association of Home Builders,
March 15, 2019, http://nahbnow.com/2019/03/governor-signs-arkansas-housing-affordability-bill-into-law/ (last visited Jan. 29,
2021); Doug Thompson, Restrictions on home building barred in Arkansas, Northwest Arkansas Democrat Gazette, March 17, 2019,
https://www.nwaonline.com/news/2019/mar/17/restrictions-on-home-building-barred-in/ (last visited Jan. 29, 2021).
16
Daniel Herriges, Building Design Requirements Are Sometimes Bad for Cities. But Abolishing Them All Is Worse, Strong Towns,
April 11, 2019 https://www.strongtowns.org/journal/2019/4/11/design-standards-are-an-important-tool-for-cities-dont-do-away-with-
them (last visited Jan. 29, 2021); Elaina Sauber, Housing design bill worries Franklin officials, Tennessean, April 18, 2017
https://www.tennessean.com/story/news/local/williamson/2017/04/18/housing-design-bill-worries-franklin-officials/100561994/ (last
visited Jan. 29, 2021).
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defects.17 The Florida Building Commission (Commission), housed within the Department of Business
and Professional Regulation, implements the Building Code. The Commission reviews the International
Code Council’s I-Codes and the National Electric Code every three years and determines if the Building
Code needs updating.18
The Legislature has provided local governments with the power to inspect all buildings, structures, and
facilities within their jurisdiction to protect the public’s health, safety, and welfare.19
Every local government must enforce the Building Code and issue building permits.20 A person, firm, or
corporation may not construct, erect, alter, repair, secure, or demolish any building without first
obtaining a permit from the local government enforcing agency or from such persons as may be
directed, by resolution or regulation, to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency.21
Local governments may adopt amendments to the Building Code every six months that are more
stringent than the Building Code requirements but those amendments are limited to the local
government’s jurisdiction. Amendments by local governments expire upon the adoption of the newest
edition of the Building Code, requiring the local government to repeat the amendment process every
three years in order to maintain a local amendment to the Building Code.22
States That Prohibit Local Government Regulations For Building Design Elements
North Carolina and Arkansas prohibit local governments from adopting regulations that require specific
building design elements for single- and two- family dwellings unless certain conditions exist.23
Tennessee and Georgia have considered bills to enact laws similar to North Carolina and Arkansas;
however, the bills did not pass.24
Adopted in 2015, North Carolina’s law prohibits cities and counties from adopting regulations that
require “building design elements” for single- and two- family dwellings. The North Carolina law also
prohibits such regulations from being applied to any zoning district or conditional district unless
voluntarily consented to by the owners of all the properties subject to the proposed regulation.25
The North Carolina law defines “building design elements” to include the:26
Exterior building color;
Type or style of exterior cladding27 material;
Style or materials of roof structures or porches;
Exterior nonstructural architectural ornamentation;
Location or architectural styling of windows and doors, including garage doors;
17
Florida Building Commission, Advanced Florida Building Code Principals,
http://www.floridabuilding.org/Upload/Courses_trp/421-2-MATERIAL-Adv%20FL%20Bldg%20Code%20-
%20Course%20PDF%20version%207.0.pdf (last visited Feb. 9, 2021).
18
S. 553.73(7), F.S.
19
S. 553.72, F.S.
20
Ss. 125.01(1)(bb), 125.56(1), & 553.80(1), F.S.
21
See Ss. 125.56(4)(a) & 553.79(1), F.S.
22
S. 553.73(4), F.S.
23 N.C. Gen. Stat. § 160D-702; Ark. Code Ann. § 14-17-212 & 14-56-204.
24 Georgia General Assembly, 2019-2020 Regular Session - HB 302, http://www.legis.ga.gov/Legislation/en-
US/display/20192020/HB/302 (last visited Feb. 1, 2021); Tennessee General Assembly, 2017-2018 Session – HB 476
http://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0476&ga=110 (last visited Feb. 1, 2021).
25
N.C. Gen. Stat. § 160D-702; R. Erika Churchill, Staff Attorney for the North Carolina General Assembly, Analysis of S.L. 2015-86,
https://dashboard.ncleg.net/api/Services/BillSummary/2015/S25-SMST-147(sl) (last visited Feb. 1, 2021); General Assembly of North
Carolina, Session Law 2015-86 Senate Bill 25, June 9, 2015 https://www.ncleg.gov/Sessions/2015/Bills/Senate/PDF/S25v3.pdf (last
visited Feb. 1, 2021).
26 N.C. Gen. Stat. § 160D-702.
27 The Florida Building Code and the North Carolina Building Code both define “cladding” as the material that covers the exterior
surface of a building, and is directly affected by wind load. S. 202 of the Florida Building Code (Residential), Seventh Edition; S. 202
of the 2018 North Carolina Building Code (Residential).
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Number and types of rooms; and
Interior layout of rooms.
The law defines the phrase as not including:28
A single- and two- family dwelling’s:
o Height;
o Bulk;
o Orientation; and
o Location of a structure on a zoning lot.
The use of buffering or screening to minimize visual impacts or impact of light and noise; and
Regulations governing permitted uses of land.
The North Carolina law allows cities and counties to adopt and enforce regulations that require “building
design elements” for single- and two- family dwellings if:29
The dwelling is located in an area designated as a local historic district;
The dwelling is located in area designated as a historic district on the National Register of
Historic Places;30
The dwelling is individually designated as a local, state, or national historic landmark;
The regulations are directly and substantially related to the requirements of North Carolina’s
Building Code;
The regulations are applied to manufactured housing in a manner consistent with state and
federal law; or
The regulations are adopted as a condition for participation in the National Flood Insurance
Program.31
The prohibition against local regulations relating to building design elements does not affect the validity
or enforceability of private covenants or other contractual agreements relating to building design
elements between property owners.32
In 2019, Arkansas passed a similar law that also prohibited cities and counties from adopting
regulations that require “building design elements” for single-family dwellings. The law defines “building
design elements” in the same manner as the North Carolina law, except Arkansas also includes
minimum square footage in its definition and the location and design of a dwelling’s garage.33
In addition to the exceptions provided in the North Carolina law, Arkansas also allows cities and
counties to adopt and enforce building design elements regulations if:
The dwelling is in a central business district, which can be created by a city to revitalize its
urban center;
The dwelling existed and was subject to the local regulation prior to the prohibition being
enacted;
As an overlay district regulation, if a majority of owners in the district approve the regulation and
the district determines the regulation does not violate Arkansas’ Private Property Protection
Act; or
28 N.C. Gen. Stat. § 160D-702.
29
Id.
30
The National Register of Historic Places is the federal government’s official list of historic places in the United States. The National
Historic Preservation Act of 1966 authorized the register, which is administered by the National Park Service. National Park Service,
What is the National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/what-is-the-national-register.htm (last
visited Feb. 1, 2021).
31
The National Flood Insurance Program is administered by FEMA. The goal of the program is to reduce the impact of flooding on
private and public structures by providing affordable insurance to property owners, and encouraging communities to adopt and enforce
floodplain management regulations. FEMA, The National Flood Insurance Program, https://www.fema.gov/national-flood-insurance-
program (last visited Feb. 1, 2021).
32
Id.
33
Ark. Code Ann. § 14-17-212 & 14-56-204; SB 170, 92nd Leg. Reg. Sess. (AR 2019).
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The regulations are directly related to an immediate public health or safety hazard and the
regulation is derived from the local government’s police power.34
Arkansas also provides that the prohibition against local regulations relating to building design elements
does not affect the validity or enforceability of covenants or contracts between a property owner and a
city or county.35
Effect of the Bill
The bill prohibits local governments from adopting land development regulations that relate to building
design elements for single- or two- family dwellings.
The bill defines the term “building design elements” to mean:
Exterior building color;
Type or style of exterior cladding material;
Style or material of roof structures or porches;
Exterior nonstructural architectural ornamentation;
Location or architectural styling of windows or doors;
Location or orientation of the garage;
Number and type of rooms; and
Interior layout of rooms.
The term “building design elements” does not include:
Height;
Bulk;
Orientation;
Location on a zoning lot; or
The use of buffering or screening to minimize potential adverse physical or visual impacts or
protect the privacy of neighbors.
The bill allows local governments to adopt and enforce regulations that require “building design
elements” for residential dwellings if:
The dwelling is listed in the National Register of Historic Places;
The dwelling is located in a historic district in the National Register of Historic Places;
The dwelling is listed as a historic property or located in a historic district by a local preservation
ordinance;
The regulations are adopted in order to implement the National Flood Insurance Program;
The regulations are adopted in accordance and compliance with adopting local amendments to
the Florida Building Code; or
The dwelling is located in a community redevelopment area.36
The bill also provides that the prohibition of land development regulations that relate to building design
elements does not affect the validity or enforceability of private covenants or other contractual
agreements relating to building design elements.
B. SECTION DIRECTORY:
Section 1. Amends s. 163.3202, F.S., prohibiting local governments from enacting certain
regulations for certain residential buildings.
Section 2. Provides an effective date of July 1, 2021.
34
Id.
35
Id.
36 Community redevelopment areas are neighborhoods determined by local governments to be slums, blighted areas, areas in which
there is a shortage of affordable housing, or coastal and tourist areas that are deteriorating and economically distressed, which are
subject to redevelopment in accordance with a community redevelopment plan. See Part III, ch. 163, F.S.
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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:
Indeterminate. Local governments may have additional expenditures because of an increase in
legal challenges to zoning and other regulations.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. However, prohibiting certain building design elements ordinances and other regulations
may lead to a decrease in the cost of construction.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On February 10, 2020, the Regulatory Reform Subcommittee adopted a strike-all amendment and reported
the bill favorably as a committee substitute. The committee substitute:
Clarifies that residential dwellings are limited to single- and two- family dwellings.
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Adds additional types of dwellings to which local governments may apply building design
restrictions, including:
o Single- and two- family dwellings located in historic districts instead of only dwellings that
contribute to historic districts;
o Single- and two- family dwellings located in community redevelopment areas; and
o When the regulations are adopted in accordance with and in compliance with the process for
adopting local amendments to the Florida Building Code.
Clarifies that building design restrictions include the location and orientation of a garage.
The analysis is drafted to the committee substitute as passed by the Regulatory Reform Subcommittee.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 55 2021
1 A bill to be entitled
2 An act relating to building design; amending s.
3 163.3202, F.S.; prohibiting certain regulations
4 relating to building design elements from being
5 applied to certain dwellings; providing exceptions;
6 defining the term "building design elements";
7 providing construction; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (5) of section 163.3202, Florida
12 Statutes, is renumbered as subsection (6), and a new subsection
13 (5) is added to that section to read:
14 163.3202 Land development regulations.—
15 (5)(a) Land development regulations relating to building
16 design elements may not be applied to a single-family or two-
17 family dwelling unless:
18 1. The dwelling is listed in the National Register of
19 Historic Places, as defined in s. 267.021(5); is located in a
20 National Register Historic District; or is designated as a
21 historic property or located in a historic district, under the
22 terms of a local preservation ordinance;
23 2. The regulations are adopted in order to implement the
24 National Flood Insurance Program;
25 3. The regulations are adopted pursuant to and in
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0055-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 55 2021
26 compliance with chapter 553; or
27 4. The dwelling is located in a community redevelopment
28 area, as defined in s. 163.340(10).
29 (b) For purposes of this subsection, the term "building
30 design elements" means the external building color; the type or
31 style of exterior cladding material; the style or material of
32 roof structures or porches; the exterior nonstructural
33 architectural ornamentation; the location or architectural
34 styling of windows or doors; the location or orientation of the
35 garage; the number and type of rooms; and the interior layout of
36 rooms. The term does not include the height, bulk, orientation,
37 or location of a dwelling on a zoning lot; or the use of
38 buffering or screening to minimize potential adverse physical or
39 visual impacts or to protect the privacy of neighbors.
40 (c) This subsection does not affect the validity or
41 enforceability of private covenants or other contractual
42 agreements relating to building design elements.
43 Section 2. This act shall take effect July 1, 2021.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0055-01-c1
COMMERCE COMMITTEE
HB 55 by Rep. Overdorf
Building Design
AMENDMENT SUMMARY
March 9, 2021
Amendment 1 by Rep. Overdorf (line 29):
The amendment
• Provides that local governments may apply building design restrictions to dwellings
in a planned unit development or a master planned community created by a local
ordinance enacted on or before July 1, 2021.
• Defines “planned unit development” and “master planned community” as an area of
land that is planned and developed as a single entity or in approved stages with uses
and structures substantially related to the character of the entire development, or a
self-contained development in which the subdivision and zoning controls are applied
to the project as a whole rather than to individual lots.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 55 (2021)
Amendment No. 1.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Overdorf offered the following:
3
4 Amendment (with title amendment)
5 Remove line 29 and insert:
6 5. The dwelling is located in a planned unit development
7 or master planned community created pursuant to a local
8 ordinance enacted on or before July 1, 2021.
9 (b) For purposes of this subsection, the term “planned
10 unit development” and “master planned community” means an area
11 of land that is planned and developed as a single entity or in
12 approved stages with uses and structures substantially related
13 to the character of the entire development, or a self-contained
14 development in which the subdivision and zoning controls are
15 applied to the project as a whole rather than to individual
16 lots.
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 55 (2021)
Amendment No. 1.
17 (c) For purposes of this subsection, the term “building
18
19 -----------------------------------------------------
20 T I T L E A M E N D M E N T
21 Remove line 6 and insert:
22 defining the term “planned unit development” and
23 “master planned community”; defining the term
24 “building design elements”;
948749 - h055-line 29.docx
Published On: 3/8/2021 5:50:00 PM
Page 2 of 2
HB 403
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 403 Home-based Businesses
SPONSOR(S): Giallombardo and others
TIED BILLS: IDEN./SIM. BILLS: SB 266
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 10 Y, 6 N Wright Anstead
2) Commerce Committee Wright Hamon
SUMMARY ANALYSIS
The Florida Constitution grants local governments broad home rule authority, and county and municipal
governments may also 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 enacted 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;
as viewed from the street, 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 any adversely affected current or prospective home-based business owner to challenge any
local government action regulating home-based businesses. The prevailing party may 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, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Local Government Authority
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, municipalities3 have governmental, corporate, and proprietary powers that enable them to
conduct municipal government, perform functions, provide services, and exercise any power for
municipal purposes, except as otherwise provided by law.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
firearms, weapons, and ammunition;13
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 The Florida Legislature, Office of Economic and Demographic Research, 2020 Local Government Financial Information Handbook, p.
9, http://edr.state.fl.us/Content/local-government/reports/lgfih20.pdf (Feb. 10, 2021).
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., and s. 386.209, F.S.
13 S. 790.33(1), F.S.
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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
Effect of the Bill
The bill provides that local governments may not:
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. III, s. 56-92.
31 Gainesville, FL., Ch. 30, art. V, div. 2, s. 30-5.37.
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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, 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 any adversely affected current or prospective home-based business owner to challenge
any local government action regulating home-based businesses. The prevailing party may 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, 2021.
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, 2021.
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:
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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.
III. 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:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 403 2021
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; authorizing specified business owners to
10 challenge certain local government actions;
11 authorizing the prevailing party to recover specified
12 attorney fees and costs; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 559.955, Florida Statutes, is created
17 to read:
18 559.955 Home-based businesses; local government
19 restrictions.-
20 (1) For purposes of this section, a business is considered
21 a home-based business if it operates, in whole or in part, from
22 a residential property and meets the following criteria:
23 (a) The employees of the home-based business who work at
24 the residential dwelling also reside in the residential
25 dwelling, except that up to two employees who do not reside at
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 403 2021
26 the residential dwelling may work at the residential dwelling.
27 However, employees of the home-based business who do not
28 primarily work at the residential dwelling are not required to
29 reside in the dwelling.
30 (b) Parking related to the business activities of the
31 home-based business complies with local zoning requirements.
32 (c) As viewed from the street, the use of the residential
33 property is consistent with the uses of the residential areas
34 that surround the property. However, incidental and short-term
35 business uses and activities may be conducted at the residential
36 property.
37 (d) The activities of the home-based business are
38 secondary to the property's use as a residential dwelling.
39 (2) A home-based business that operates from a residential
40 property as provided in subsection (1):
41 (a) May operate in an area zoned for residential use.
42 (b) May not be prohibited, restricted, regulated, or
43 licensed in a manner that is different from other businesses in
44 a local government's jurisdiction.
45 (c) Is only subject to applicable business taxes under
46 chapter 205 in the county and municipality in which the home-
47 based business is located.
48 (3) Local governments may not enact or enforce any
49 ordinance, regulation, or policy, or take any action to license
50 or otherwise regulate a home-based business in violation of this
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HB 403 2021
51 section.
52 (4) Any adversely affected current or prospective home-
53 based business owner may challenge any local government action
54 in violation of this section. The prevailing party in a
55 challenge may recover reasonable attorney fees and costs
56 incurred in challenging or defending the action, including
57 reasonable appellate attorney fees and costs.
58 Section 2. This act shall take effect July 1, 2021.
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hb0403-00
COMMERCE COMMITTEE
HB 403 by Rep. Giallombardo
Home-based Businesses
AMENDMENT SUMMARY
March 9, 2021
Amendment 1 by Rep. Giallombardo (line 57):
The amendment provides that the protections in the bill for home-based businesses do not
affect or supersede any current or future condominium association declarations, cooperative
association documents, or homeowners’ association covenants.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 403 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Giallombardo offered the following:
3
4 Amendment (with title amendment)
5 Between lines 57 and 58, insert:
6 Section 2. The application of this act shall not supersede
7 any current or future declaration or declaration of condominium
8 adopted pursuant to chapter 718, Florida Statutes, cooperative
9 document adopted pursuant to chapter 719, Florida Statutes, or
10 declaration or declaration of covenant adopted pursuant to
11 chapter 720, Florida Statutes.
12
13 -----------------------------------------------------
14 T I T L E A M E N D M E N T
15 Remove line 12 and insert:
071393 - h403-line57.docx
Published On: 3/8/2021 4:29:06 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 403 (2021)
Amendment No. 1
16 attorney fees and costs; providing that certain residential
17 association declarations and documents may not be superseded;
18 providing an effective date.
19
071393 - h403-line57.docx
Published On: 3/8/2021 4:29:06 PM
Page 2 of 2
CS/HB 425
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 425 Disposition of Unclaimed Property
SPONSOR(S): Insurance & Banking Subcommittee, Clemons
TIED BILLS: IDEN./SIM. BILLS: SB 1434
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Insurance & Banking Subcommittee 18 Y, 0 N, As CS Fortenberry Luczynski
2) State Administration & Technology 15 Y, 0 N Lee Topp
Appropriations Subcommittee
3) Commerce Committee Fortenberry Hamon
SUMMARY ANALYSIS
The Division of Unclaimed Property within the Florida Department of Financial Services (DFS) maintains a database
of unclaimed property in its possession. Claimants’ representatives are registered with DFS (registrants) to gain
access to the unclaimed property database and to seek authorizations from potential claimants of unclaimed
property to file claims on behalf of those claimants. Each registrant who files claims utilizes a unique power of
attorney through which claimants provide authorization to registrants to file a claim on their behalf and to receive a
fee for services. Some registrants utilize powers of attorney that contain legal phrases which may be confusing or
problematic for claimants. The powers of attorney often also contain irrevocable clauses and stipulations, allow the
registrant to claim the property if the claimant fails to do so, or permit the registrant to take legal action against the
claimant if the claimant rescinds the power of attorney. The lack of uniformity in the use of the powers of attorney
poses problems for consumers and DFS staff.
Florida law does not limit the fees and costs registrants may claim for recovering property for a claimant under
certain circumstances. If a claimant signs a Full Disclosure Statement prior to executing of a power of attorney, a
claimant’s representative may collect unlimited fees and costs for providing services related to the collection of the
unclaimed property. If the Full Disclosure Statement is not signed, the fees and costs are capped at 20 percent of
the value of the property recovered, and not to exceed $1,000 per account owned by a natural person and claimed
in the recovery. DFS may allow a claimant of unclaimed property to electronically submit a claim for unclaimed
property if the amount of the claim is $1,000 or less.
The bill streamlines the unclaimed property claims law. Under the bill, DFS must adopt forms by rule entitled
“Uniform Unclaimed Property Recovery Agreement” (Recovery Agreement) and “Uniform Unclaimed Property
Purchase Agreement” (Purchase Agreement) (collectively, the “Agreements”). These forms will be the exclusive
means of a registrant engaging a claimant or seller to file an unclaimed property claim with DFS. The Agreements
will be similar to the powers of attorney used by many registrants, but will be more claimant-friendly and will provide
consumer protections, including a cap on fees and costs that registrants may charge claimants in all circumstances.
The bill specifies what must be contained in the Agreements, including specific information about the amounts
claimed or sold, the fees and costs received by the registrant, and identifying information for both the claimant or
seller and the registrant. The Agreements cap the total fees and costs, or the total discount amount in the case of a
purchase agreement, to no more than 25 percent of the claimed amount. If the total fees and costs exceed 25
percent, the fee shall be reduced to 25 percent and the net balance remitted directly to the claimant by DFS.
Furthermore, the bill increases the value of property for which a claimant may submit an electronic claim from
$1,000 to $2,000.
The bill has an insignificant fiscal impact on the state and does not appear to impact local government revenues or
expenditures. The bill may have a positive economic benefit to consumers who have claims for unclaimed property
and a negative economic impact on registered claimants’ representatives.
The bill is effective upon becoming law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Florida Department of Financial Services (DFS) is composed of 13 divisions and one independent
office, including the Division of Unclaimed Property. Chapter 717, F.S., provides a framework for the
rightful owners to obtain unclaimed property that is held by DFS. DFS maintains a database of
unclaimed property in its possession. More than 350 licensed1 claimants’ representatives are registered
with DFS (registrants) to gain access to the unclaimed property database and to seek authorizations
from potential claimants of unclaimed property held by DFS to file claims on behalf of those claimants.2
Each registrant who files claims utilizes a unique power of attorney through which claimants provide
authorization to registrants to file a claim on their behalf and to receive a fee for services. 3 While each
power of attorney is different, most contain language similar to the following: “I hereby authorize ZYZ
Associates to file a claim on my behalf for the unclaimed property accounts listed and to receive the fee
I authorize.”4 The lack of uniformity in the use of the powers of attorney poses problems for both
consumers and DFS staff. DFS’s unclaimed property analysts are required to review and process all
documents for each claim, including the unique powers of attorney.5
In addition to the language required in the powers of attorney,6 some registrants utilize powers of
attorney that contain legal phrases such as “representation agreement, assignment, assignment of
interest, recovery agreement, or contract,” which may be confusing or problematic for claimants.7 The
powers of attorney often contain irrevocable clauses and stipulations, including assignments of
interests and rights, exclusivity provisions, venue and attorney fees provisions.8 Some powers of
attorney provide that if the claimant fails to act, the registrant can claim their ‘assigned property’
separate from the claimant.9 Furthermore, some registrants will threaten claimants with legal action if
the claimants attempt to rescind a power of attorney and file the claims themselves or hire another
registrant who charges a lower fee for recovering the unclaimed property on behalf of the claimant.10
Section 717.135, F.S., contains different limits on the fees and costs that a registrant can recover for
obtaining unclaimed property for a claimant. If a Full Disclosure Statement has been provided to an
unclaimed property claimant for signature prior to the execution of a power of attorney, fees and costs
collected by a claimant’s representative for providing services related to the collection of the unclaimed
property are unlimited.11 If the Full Disclosure Statement has not been provided to the claimant, then
the fees and costs are capped at 20 percent of the value of the property recovered, and not to exceed
$1,000 per account owned by a natural person and claimed in the recovery.12
1
Pursuant to s. 717.124(1), F.S., only Florida-licensed attorneys, Florida-licensed certified public accountants, and or private
investigators licensed under ch. 493, F.S., may be registered as claimants’ representatives.
2 Florida Department of Financial Services (DFS), Agency Analysis of 2021 House Bill 425, p. 1 (Feb. 9, 2021).
3
Id.
4
Id.
5
Id.
6
See s. 717.135, F.S.
7
DFS, supra note 2, at 2.
8
Id.
9
Id.
10
Id.
11
S. 717.135, F.S. The text of the Full Disclosure Statement to be signed by a claimant is located in s. 717.135(3)(a), F.S.
12
Id.
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Additionally, DFS may allow a claimant of unclaimed property to electronically submit a claim for
unclaimed property if the amount of the claim is $1,000 or less.13 According to DFS, approximately 15
percent of unclaimed property claims are made electronically.14
Effect of the Bill
The bill changes the unclaimed property claims law to streamline the process for consumers. It
provides that DFS must adopt forms by rule entitled “Uniform Unclaimed Property Recovery
Agreement” (Recovery Agreement) and “Uniform Unclaimed Property Purchase Agreement” (Purchase
Agreement). These Agreements will be the exclusive means of a claimant’s representative engaging a
claimant or seller to file an unclaimed property claim with DFS. The Agreements will be similar to the
powers of attorney used by many registrants, but will be more claimant friendly and will provide
consumer protections, including a cap on fees and costs that registrants may charge claimants in all
circumstances.
The bill substantially amends s. 717.135, F.S., to eliminate the current power of attorney requirements
and replace them with requirements for the Recovery Agreement and Purchase Agreement. Pursuant
to the bill, the Recovery Agreement and Purchase Agreement must include and disclose:
The total dollar amount of the unclaimed property accounts claimed or sold;
Either the total percentage of all authorized fees and costs to be paid to the claimant’s
representative or the percentage of the value of the property to be paid as net gain to the
purchasing registered claimant’s representative;
Either the total dollar amount to be deducted and received from the claimant as fees and costs
by the claimant’s representative or the total net dollar amount to be received by the purchasing
registered claimant’s representative;
The net dollar amount the claimant or seller will receive;
The unclaimed property account number and name of the owner for each account claimed;
For the Purchase Agreement, a statement that the purchase price will be remitted to the seller
within 30 days after the seller executes the form;
The name, contact information, and license number of the registered claimant’s representative;
The manual signature of the claimant or seller and the date signed;
The social security number or taxpayer identification number of the claimant or seller, if
available; and
The total fees and costs, or the total discount amount in the case of a purchase agreement, may
not exceed 25 percent of the claimed amount. If the total fees and costs exceed 25 percent, the
fee shall be reduced to 25 percent and the net balance remitted directly by DFS to the claimant.
The bill also increases the limit of the property value for which an electronic claim can be filed from
$1,000 to $2,000. The bill allows the claimant to sign the Agreements electronically.
The Recovery Agreement and Purchase Agreement may not contain language that makes them
irrevocable or that creates an assignment of any unclaimed property held by DFS. For the Purchase
Agreement, the registrant, not the claimant who is selling an account of unclaimed property to the
registrant, has to provide proof that the registrant has made payment to the claimant (seller) when filing
the claim with DFS. If DFS does not receive proof that the seller received payment, then the claim is
void.
All references to “power of attorney” within the remainder of the unclaimed property claims laws are
changed to Recovery Agreement and Purchase Agreement, as appropriate, so that these forms will be
utilized in unclaimed property claims going forward in lieu of powers of attorney. Section 717.1351,
F.S., relating to the acquisition of unclaimed property is repealed, because it is no longer necessary
following the additional changes to the unclaimed property claims laws set forth within the bill.
B. SECTION DIRECTORY:
13
S. 717.124(7), F.S.
14
DFS, supra note 2, at 2.
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Section 1. Amends s. 717.124, F.S., relating to unclaimed property claims.
Section 2. Amends s. 717.12404, F.S., relating to claims on behalf of a business entity or trust.
Section 3. Amends s. 717.1315, F.S., relating to retention of records by claimant’s representatives and
buyers of unclaimed property.
Section 4. Amends s. 717.1322, F.S., relating to administrative and civil enforcement.
Section 5. Amends s. 717.135, F.S., relating to power of attorney to recover reported property in the
custody of the department.
Section 6. Repeals s. 717.1351, F.S., relating to acquisition of unclaimed property.
Section 7. Provides an effective date of upon becoming law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill will have an insignificant fiscal impact on state government. Any changes to the Unclaimed
Property Management Information System will have a minimal fiscal impact on the Unclaimed
Property Trust Fund.15
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have positive economic impacts for consumers. By streamlining the unclaimed property
claims process using new forms and by capping the fees and costs that a claimant’s representative can
charge, consumers may be able to keep a greater percentage of the unclaimed property that they
recover. The bill may have negative economic impacts for some registered claimants’ representatives,
as they may receive a reduced percentage of a claimant’s property.
15 DFS, supra note 2, at 4.
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D. FISCAL COMMENTS:
Replacing the current fees and costs structure with a 25 percent maximum cap for total fees and costs
is more consumer friendly and easier for DFS unclaimed property analysts to review and apply.
Increasing the maximum amount of a claim allowed for electronic filing from $1,000 to $2,000, will allow
more claimants to file claims without the need to submit physical paperwork. This will provide for
quicker receipt of property by claimants and greater efficiency for DFS.
III. 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 DFS to promulgate two new forms related to unclaimed property (Recovery Agreement
and Purchase Agreement) to be adopted pursuant to rule.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On February 17, 2021, the Insurance & Banking Subcommittee adopted one amendment and reported the bill
favorably as a committee substitute. The amendment clarifies that the registrant, not the claimant who is selling
an account of unclaimed property to the registrant, has to provide proof that the registrant has made payment
to the claimant (seller) when filing the claim with DFS.
The analysis is drafted to the committee substitute as passed by the Insurance & Banking Subcommittee.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 425 2021
1 A bill to be entitled
2 An act relating to disposition of unclaimed property;
3 amending s. 717.124, F.S.; requiring specified
4 agreements for certain claims; removing provisions
5 requiring the Department of Financial Services to deny
6 certain unclaimed property claims; increasing the
7 threshold required to use of a different method of
8 identity verification for electronic claims;
9 conforming provisions to changes made by the act;
10 amending ss. 717.12404, 717.1315, and 717.1322, F.S.;
11 conforming provisions to changes made by the act;
12 amending s. 717.135, F.S.; requiring the department to
13 adopt forms for a Uniform Unclaimed Property Recovery
14 Agreement and a Uniform Unclaimed Property Purchase
15 Agreement; providing requirements for such agreements;
16 providing that the agreements are the exclusive means
17 for a claimant's representative to file a claim or to
18 recover fees and costs; prohibiting a claimant's
19 representative from using or distributing any other
20 form of agreement; providing administrative and civil
21 penalties; authorizing the department to pay
22 additional accounts under certain circumstances;
23 providing application; repealing s. 717.1351, F.S.,
24 relating to unclaimed property claims; providing an
25 effective date.
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26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (1), paragraphs (b) and (c) of
30 subsection (4), and subsections (7) and (10) of section 717.124,
31 Florida Statutes, are amended to read:
32 717.124 Unclaimed property claims.—
33 (1) Any person, excluding another state, claiming an
34 interest in any property paid or delivered to the department
35 under this chapter may file with the department a claim on a
36 form prescribed by the department and verified by the claimant
37 or the claimant's representative. The claimant's representative
38 must be an attorney licensed to practice law in this state, a
39 licensed Florida-certified public accountant, or a private
40 investigator licensed under chapter 493. The claimant's
41 representative must be registered with the department under this
42 chapter. The claimant, or the claimant's representative, shall
43 provide the department with a legible copy of a valid driver
44 license of the claimant at the time the original claim form is
45 filed. If the claimant has not been issued a valid driver
46 license at the time the original claim form is filed, the
47 department shall be provided with a legible copy of a
48 photographic identification of the claimant issued by the United
49 States, a state or territory of the United States, a foreign
50 nation, or a political subdivision or agency thereof or other
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51 evidence deemed acceptable by the department by rule. In lieu of
52 photographic identification, a notarized sworn statement by the
53 claimant may be provided which affirms the claimant's identity
54 and states the claimant's full name and address. The claimant
55 must produce to the notary photographic identification of the
56 claimant issued by the United States, a state or territory of
57 the United States, a foreign nation, or a political subdivision
58 or agency thereof or other evidence deemed acceptable by the
59 department by rule. The notary shall indicate the notary's full
60 address on the notarized sworn statement. Any claim filed
61 without the required identification or the sworn statement with
62 the original claim form and the original Uniform Unclaimed
63 Property Recovery Agreement or Uniform Unclaimed Property
64 Purchase Agreement power of attorney or purchase agreement, if
65 applicable, is void.
66 (a) Within 90 days after receipt of a claim, the
67 department may return any claim that provides for the receipt of
68 fees and costs greater than that permitted under this chapter or
69 that contains any apparent errors or omissions. The department
70 may also request that the claimant or the claimant's
71 representative provide additional information. The department
72 shall retain a copy or electronic image of the claim.
73 (b) A claimant or the claimant's representative shall be
74 deemed to have withdrawn a claim is considered to have been
75 withdrawn by a claimant or the claimant's representative if no
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76 response to the department does not receive a response to its
77 department's request for additional information is received by
78 the department within 60 days after the notification of any
79 apparent errors or omissions.
80 (c) Within 90 days after receipt of the claim, or the
81 response of the claimant or the claimant's representative to the
82 department's request for additional information, whichever is
83 later, the department shall determine each claim. Such
84 determination shall contain a notice of rights provided by ss.
85 120.569 and 120.57. The 90-day period shall be extended by 60
86 days if the department has good cause to need additional time or
87 if the unclaimed property:
88 1. Is owned by a person who has been a debtor in
89 bankruptcy;
90 2. Was reported with an address outside of the United
91 States;
92 3. Is being claimed by a person outside of the United
93 States; or
94 4. Contains documents filed in support of the claim that
95 are not in the English language and have not been accompanied by
96 an English language translation.
97 (d) The department shall deny any claim under which the
98 claimant's representative has refused to authorize the
99 department to reduce the fees and costs to the maximum permitted
100 under this chapter.
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101 (4)
102 (b) If an owner authorizes an attorney licensed to
103 practice law in this state, a Florida-certified public
104 accountant, or a private investigator licensed under chapter
105 493, and registered with the department under this chapter, to
106 claim the unclaimed property on the owner's behalf, the
107 department is authorized to make distribution of the property or
108 money in accordance with the Uniform Unclaimed Property Recovery
109 Agreement or Uniform Unclaimed Property Purchase Agreement under
110 s. 717.135 such power of attorney. The original Uniform
111 Unclaimed Property Recovery Agreement or Uniform Unclaimed
112 Property Purchase Agreement power of attorney must be executed
113 by the claimant or seller owner and must be filed with the
114 department.
115 (c)1. Payments of approved claims for unclaimed cash
116 accounts must shall be made to the owner after deducting any
117 fees and costs authorized by the claimant under a Uniform
118 Unclaimed Property Recovery Agreement pursuant to a written
119 power of attorney. The contents of a safe-deposit box must shall
120 be delivered directly to the claimant notwithstanding any power
121 of attorney or agreement to the contrary.
122 2. Payments of fees and costs authorized under a Uniform
123 Unclaimed Property Recovery Agreement pursuant to a written
124 power of attorney for approved claims must shall be made or
125 issued to the law firm of the designated attorney licensed to
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126 practice law in this state, the public accountancy firm of the
127 licensed Florida-certified public accountant, or the designated
128 employing private investigative agency licensed by this state.
129 Such payments shall be made by electronic funds transfer and may
130 be made on such periodic schedule as the department may define
131 by rule, provided the payment intervals do not exceed 31 days.
132 Payment made to an attorney licensed in this state, a Florida-
133 certified public accountant, or a private investigator licensed
134 under chapter 493, operating individually or as a sole
135 practitioner, must shall be to the attorney, certified public
136 accountant, or private investigator.
137 (7) The department may allow an apparent owner to
138 electronically submit a claim for unclaimed property to the
139 department. If a claim is submitted electronically for $2,000
140 $1,000 or less, the department may use a method of identity
141 verification other than a copy of a valid driver license, other
142 government-issued photographic identification, or a sworn
143 notarized statement. The department may adopt rules to implement
144 this subsection.
145 (10) Notwithstanding any other provision of this chapter,
146 the department may develop a process by which a registered
147 claimant's representative or a buyer of unclaimed property may
148 electronically submit to the department an electronic image of a
149 completed claim and claims-related documents under pursuant to
150 this chapter, including a Uniform Unclaimed Property Recovery
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151 Agreement or Uniform Unclaimed Property Purchase Agreement
152 limited power of attorney or purchase agreement that has been
153 manually signed and dated by a claimant or seller under pursuant
154 to s. 717.135 or s. 717.1351, after the claimant's
155 representative or the buyer of unclaimed property receives the
156 original documents provided by the claimant or the seller for
157 any claim. Each claim filed by a registered claimant's
158 representative or a buyer of unclaimed property must include a
159 statement by the claimant's representative or the buyer of
160 unclaimed property attesting that all documents are true copies
161 of the original documents and that all original documents are
162 physically in the possession of the claimant's representative or
163 the buyer of unclaimed property. All original documents must be
164 kept in the original form, by claim number, under the secure
165 control of the claimant's representative or the buyer of
166 unclaimed property and must be available for inspection by the
167 department in accordance with s. 717.1315. The department may
168 adopt rules to implement this subsection.
169 Section 2. Subsection (2) of section 717.12404, Florida
170 Statutes, is amended to read:
171 717.12404 Claims on behalf of a business entity or trust.—
172 (2) Claims on behalf of a dissolved corporation, a
173 business entity other than an active corporation, or a trust
174 must include a legible copy of a valid driver license of the
175 person acting on behalf of the dissolved corporation, business
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176 entity other than an active corporation, or trust. If the person
177 has not been issued a valid driver license, the department shall
178 be provided with a legible copy of a photographic identification
179 of the person issued by the United States, a foreign nation, or
180 a political subdivision or agency thereof. In lieu of
181 photographic identification, a notarized sworn statement by the
182 person may be provided which affirms the person's identity and
183 states the person's full name and address. The person must
184 produce his or her photographic identification issued by the
185 United States, a state or territory of the United States, a
186 foreign nation, or a political subdivision or agency thereof or
187 other evidence deemed acceptable by the department by rule. The
188 notary shall indicate the notary's full address on the notarized
189 sworn statement. Any claim filed without the required
190 identification or the sworn statement with the original claim
191 form and the original Uniform Unclaimed Property Recovery
192 Agreement or Uniform Unclaimed Property Purchase Agreement power
193 of attorney, if applicable, is void.
194 Section 3. Subsection (1) of section 717.1315, Florida
195 Statutes, is amended to read:
196 717.1315 Retention of records by claimant's
197 representatives and buyers of unclaimed property.—
198 (1) Every claimant's representative and buyer of unclaimed
199 property shall keep and use in his or her business such books,
200 accounts, and records of the business conducted under this
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201 chapter to enable the department to determine whether such
202 person is complying with this chapter and the rules adopted by
203 the department under this chapter. Every claimant's
204 representative and buyer of unclaimed property shall preserve
205 such books, accounts, and records, including every Uniform
206 Unclaimed Property Recovery Agreement or Uniform Unclaimed
207 Property Purchase Agreement power of attorney or agreement
208 between the owner and such claimant's representative or buyer,
209 for at least 3 years after the date of the initial power of
210 attorney or agreement.
211 Section 4. Paragraph (j) of subsection (1) of section
212 717.1322, Florida Statutes, is amended to read:
213 717.1322 Administrative and civil enforcement.—
214 (1) The following acts are violations of this chapter and
215 constitute grounds for an administrative enforcement action by
216 the department in accordance with the requirements of chapter
217 120 and for civil enforcement by the department in a court of
218 competent jurisdiction:
219 (j) Requesting or receiving compensation for notifying a
220 person of his or her unclaimed property or assisting another
221 person in filing a claim for unclaimed property, unless the
222 person is an attorney licensed to practice law in this state, a
223 Florida-certified public accountant, or a private investigator
224 licensed under chapter 493, or entering into, or making a
225 solicitation to enter into, an agreement a power of attorney to
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226 file a claim for unclaimed property owned by another, or a
227 contract or agreement to purchase unclaimed property, unless
228 such person is registered with the department under pursuant to
229 this chapter and an attorney licensed to practice law in this
230 state in the regular practice of her or his profession, a
231 Florida-certified public accountant who is acting within the
232 scope of the practice of public accounting as defined in chapter
233 473, or a private investigator licensed under chapter 493. This
234 paragraph subsection does not apply to a person who has been
235 granted a durable power of attorney to convey and receive all of
236 the real and personal property of the owner, is the court-
237 appointed guardian of the owner, has been employed as an
238 attorney or qualified representative to contest the department's
239 denial of a claim, or has been employed as an attorney to
240 probate the estate of the owner or an heir or legatee of the
241 owner.
242 Section 5. Section 717.135, Florida Statutes, is amended
243 to read:
244 (Substantial rewording of section. See
245 s. 717.135, F.S., for present text.)
246 717.135 Recovery agreements and purchase agreements for
247 claims filed by a claimant's representative; fees and costs.—
248 (1) In order to protect the interests of owners of
249 unclaimed property, the department shall adopt by rule a form
250 entitled "Uniform Unclaimed Property Recovery Agreement" and a
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251 form entitled "Uniform Unclaimed Property Purchase Agreement."
252 (2) The Uniform Unclaimed Property Recovery Agreement and
253 the Uniform Unclaimed Property Purchase Agreement must include
254 and disclose all of the following:
255 (a) The total dollar amount of unclaimed property accounts
256 claimed or sold.
257 (b) The total percentage of all authorized fees and costs
258 to be paid to the claimant's representative or the percentage of
259 the value of the property to be paid as net gain to the
260 purchasing claimant's representative.
261 (c) The total dollar amount to be deducted and received
262 from the claimant as fees and costs by the claimant's
263 representative or the total net dollar amount to be received by
264 the purchasing claimant's representative.
265 (d) The net dollar amount to be received by the claimant
266 or the seller.
267 (e) For each account claimed, the unclaimed property
268 account number and name of the apparent owner, as listed in the
269 department's database. For agreements in which multiple accounts
270 bear identically listed apparent owner names in the department's
271 database, the identically listed name of that apparent owner may
272 be listed on the agreement one time for that identical name, but
273 the agreement must include all of the account numbers claimed
274 for that identically listed name of the apparent owner.
275 (f) For the Uniform Unclaimed Property Purchase Agreement,
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276 a statement that the amount of the purchase price will be
277 remitted to the seller by the purchaser within 30 days after the
278 execution of the agreement by the seller.
279 (g) The name, address, e-mail address, phone number, and
280 license number of the claimant's representative.
281 (h)1. The manual signature of the claimant or seller and
282 the date signed, affixed on the agreement by the claimant or
283 seller.
284 2. Notwithstanding any other provision of this chapter to
285 the contrary, the department may allow an apparent owner, who is
286 also the claimant, to sign the agreement electronically for
287 claims of $2,000 or less. All electronic signatures on the
288 Uniform Unclaimed Property Recovery Agreement and the Uniform
289 Unclaimed Property Purchase Agreement must be affixed on the
290 agreement by the claimant or seller using the specific,
291 exclusive eSignature product and protocol authorized by the
292 department.
293 (i) The social security number or taxpayer identification
294 number of the claimant or seller, if a number has been issued to
295 the claimant or seller.
296 (j) The total fees and costs, or the total discount in the
297 case of a purchase agreement, may not exceed 25 percent of the
298 claimed amount. If the total fees and costs exceeds 25 percent,
299 the fee shall be reduced to 25 percent and the net balance shall
300 be remitted directly by the department to the claimant.
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301 (3) For a Uniform Unclaimed Property Purchase Agreement
302 form, proof that the seller has received payment must be filed
303 with the department along with the claim. If proof of payment is
304 not provided, the claim is void.
305 (4) A claimant's representative must use the Uniform
306 Unclaimed Property Recovery Agreement or the Uniform Unclaimed
307 Property Purchase Agreement as the exclusive means of engaging
308 with a claimant or seller to file a claim with the department.
309 (5) Fees and costs may be owed or paid to, or received by,
310 a claimant's representative only after a filed claim has been
311 approved and if the claimant's representative used an agreement
312 authorized by this section.
313 (6) A claimant's representative may not use or distribute
314 any other agreement, form, or other media with respect to the
315 claimant or seller which relates, directly or indirectly, to
316 unclaimed property accounts held by the department or the Chief
317 Financial Officer other than the agreements authorized by this
318 section. Any engagement, authorization, recovery, or fee
319 agreement that is not authorized by this section is void. A
320 claimant's representative is subject to administrative and civil
321 enforcement under s. 717.1322 if he or she uses an agreement
322 that is not authorized by this section.
323 (7) The Uniform Unclaimed Property Recovery Agreement and
324 Uniform Unclaimed Property Purchase Agreement may not contain
325 language that makes the agreement irrevocable or that creates an
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326 assignment of any portion of unclaimed property held by the
327 department.
328 (8) When a claim is approved, the department may pay any
329 additional account that is owned by the claimant but has not
330 been claimed at the time of approval, provided that a subsequent
331 claim has not been filed or is not pending for the claimant at
332 the time of approval.
333 (9) This section does not supersede s. 717.1241.
334 Section 6. Section 717.1351, Florida Statutes, is
335 repealed.
336 Section 7. This act shall take effect upon becoming a law.
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HB 487
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 487 Small Scale Development Amendments
SPONSOR(S): Duggan
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 17 Y, 1 N Darden Miller
Subcommittee
2) Commerce Committee Brackett Hamon
3) State Affairs Committee
SUMMARY ANALYSIS
The Community Planning Act requires each local government to adopt a comprehensive plan to provide for
“orderly and balanced future economic, social, physical, environmental, and fiscal development” while taking
into account projected population growth, public facility needs, development over a 5-year and 10-year period,
comprehensive plans of adjacent local governments, and future land use.
A comprehensive plan amendment may be classified as a small-scale amendment if the amendment involves
less than 10 acres of land, does not impact land located in an area of critical state concern, preserves the
internal consistency of the overall local comprehensive plan, and does not require substantive changes to the
text of the plan. Small-scale plan amendments may be approved with a single hearing before the governing
body of the local government and do not require review by the Department of Economic Opportunity.
The bill increases the maximum acreage of a small-scale comprehensive plan amendment from 10 acres to 50
acres and increases the maximum acreage for a small-scale comprehensive plan amendment within a rural
area of opportunity from 20 acres to 100 acres.
The bill has no fiscal impact on state or local governments.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Community Planning Act
The Community Planning Act provides counties and municipalities the power to plan for future
development by the adoption of comprehensive plans.1 Each county and municipality must maintain a
comprehensive plan.2 Municipal comprehensive plans cover the total area of the municipality’s
jurisdiction as well as any unincorporated areas adjacent to the municipality that the municipality and
the county agree should be covered by the municipality’s plan.3 County comprehensive plans cover the
total unincorporated area of the county but plans for charter counties may include municipalities within
their jurisdictions.4 Counties and municipalities may also enter into interlocal agreements with other
counties and/or municipalities to exercise their planning powers.5
Each county and municipality must establish a local planning agency.6 The local planning agency is
responsible for managing the comprehensive planning program.7 The duties of the local planning
agency include:8
Preparing the comprehensive plan and plan amendments;
Monitoring the effectiveness and status of the comprehensive plan and recommending changes
to the local governing body, including periodic evaluation and appraisal of the plan as required
by law;9
Reviewing proposed land development regulations and land development codes for consistency
with the adopted comprehensive plans; and
Performing any other functions, duties, and responsibilities assigned by the local governing
body, general law, or special law.
The local governing body may designate itself as the local planning agency or assign the powers to a
local planning commission, a planning department, or another body.10
The Department of Economic Opportunity (DEO) serves as the state land planning agency.11
Comprehensive Plans and Plan Amendments
Comprehensive plans are intended to provide for “orderly and balanced future economic, social,
physical, environmental, and fiscal development” in a county or municipality.12 A comprehensive plan
must take into account:13
Projected seasonal and permanent population growth;
Current and existing public facility needs;
Coordination with the local comprehensive plans of adjacent municipalities and counties;
1 S. 163.3167(1), F.S.
2 S. 163.3167(2), F.S. The Ready Creek Improvement District, an independent special district created by ch. 67-764, Laws of Fla., may
exercise the powers of the act as if it were a municipality. S. 163.3167(6), F.S.
3 S. 163.3171(1), F.S.
4 S. 163.3171(2), F.S.
5 S. 163.3171(3), F.S.
6 S. 163.3174(1), F.S. If a county or municipality has entered into an interlocal agreement under s. 163.3171, F.S., to exercise its
planning powers under the Community Planning Act, those counties and municipalities may establish a joint local planning agency.
7 S. 163.3174(4), F.S.
8 S. 163.3174(4)(a)-(d), F.S.
9 S. 163.3191, F.S.
10 S. 163.3174(1), F.S.
11 S. 163.3164(44), F.S.
12 S. 163.3177(1), F.S.
13 S. 163.3177(1), (3)-(6), F.S.
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Consideration of two planning periods, one covering at least 5 years and another covering at
least 10 years; and
A future land use plan element.
Comprehensive plan amendments fit into one of three categories based on both the size and nature of
the area impacted by the proposed amendment. These categories include:14
General amendments subject to the expedited state review process;
Small-scale development amendments subject to the small-scale review process; and
Amendments subject to the state coordinated review process.15
Expedited State Review Process
The expedited state review process is the default method for the consideration of local comprehensive
plan amendments.16 The process begins with a public hearing conducted by the governing body of a
county or municipality to approve of transmitting the proposed amendment for review.17 Within 10
working days after the public hearing, the county or municipality must transmit the amendment, as well
any supporting documentation, to the following agencies for review:18
DEO;
The appropriate regional planning council;
The appropriate water management district;
Department of Environmental Protection;
Department of State;
Department of Transportation;
The commanding officer of any affected military installation listed in s. 163.3175, F.S.;
Department of Education (if the plan amendment relates to public schools);
The Fish and Wildlife Conservation Commission and the Department of Agriculture and
Consumer Services (if the plan amendment is to a county comprehensive plan), and
The county in which the municipality is located (if the plan amendment is to a municipal
comprehensive plan).
The county or municipality also must transmit the amendment and supporting documentation to any
other local government or government agency that made a written request with the governing body. 19
State agencies review the proposed amendment for any adverse impacts on important state resources
and facilities that fall within their respective jurisdictions.20 Regional planning councils consider any
adverse impacts of the amendment on regional resources or facilities identified in the strategic regional
policy plan as well as any extra-jurisdictional impacts that would be inconsistent with the
comprehensive plan of any affected local government within the region.21 Comments from counties and
municipalities are limited to the impact of the proposed amendment on that local government’s
comprehensive plan.22
After receiving comments from the reviewing agencies and local governments, the governing body of
the county or municipality conducts a second public hearing to consider adoption of the proposed
14 S. 163.3184(2), F.S.
15 S. 163.3184(2)(c), F.S. These amendments include amendments in areas of critical state concern pursuant to s. 380.05, F.S.,
propose a rural land stewardship area pursuant to s. 163.3248, F.S., propose or amend a sector plan pursuant to s .163.3245, F.S.,
update a comprehensive plan based on evaluation and appraisal pursuant to s. 163.3191, F.S., propose a development that is subject
to state coordinated review pursuant to s. 380.06, F.S., and plans for newly incorporated municipalities adopted pursuant to s.
163.3167, F.S.
16 See s. 163.3184(2)(a), F.S.
17 S. 163.3184(3)(a), (11)(a), F.S.
18 S. 163.3184(1)(c), (3)(b)1., F.S.
19 S. 163.3184(3)(b)1., F.S.
20 Ss. 163.3184(3)(b)2., (3)(b)4., F.S. DEO, as the state land planning agency, provides comments on the impacts of any important
state resources and facilities outside of the jurisdiction of other commenting agencies.
21 S. 163.3184(3)(b)3.a., F.S.
22 S. 163.3184(3)(b)3.b.-c., F.S.
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amendment.23 If the proposed amendment is adopted, the governing body of the county or municipality
must submit the amendment, as well as any supporting documentation, to DEO and other agency or
local government that provided timely comments within 10 working days after the hearing.24 DEO must
review the amendment for any deficiencies and inform the county or municipality within 5 working
days.25 The amendment becomes effective 31 days after DEO notifies the local government that the
plan amendment package is complete, unless the amendment has been timely challenged, in which
case the amendment does not become effective until DEO or the Administration Commission enters a
final order determining the adopted amendment is in compliance.26
Small-Scale Comprehensive Plan Amendments
A small-scale comprehensive plan amendment must meet four criteria:27
The proposed amendment involves a use of 10 or fewer acres of land (20 acres in a rural area
of opportunity);28
The changes are limited to Future Land Use Map (FLUM) changes, with no text changes to the
comprehensive plan except those that related directly to and adopted with the small scale
FLUM change;
The property is not located in an area of critical state concern, unless the project involves the
construction of affordable housing units meeting statutory criteria;29 and
The amendment must preserve the internal consistency of the overall local comprehensive plan.
Small-scale comprehensive plan amendments require only a single hearing before the governing body
of the county or municipality for approval.30 Small-scale comprehensive plan amendments do not
require review by DEO or other state agencies.31
Any affected person may challenge the amendment by filing a petition with the Division of
Administrative Hearings.32 The challenge must be filed within 30 days of the local government’s
adoption of the amendment. The challenge is heard in the affected jurisdiction by an administrative law
judge (ALJ) between 30 to 60 days after the petition is filed. The local government’s determination that
the small-scale amendment complies with the overall comprehensive plan is subject to the “fairly
debatable” standard of review.33
If the ALJ finds that the amendment is in compliance with the comprehensive plan, the ALJ sends a
recommended order to DEO. Upon receipt of the recommended order, DEO may issue a final order
within 30 days or send the matter to the Administration Commission if the department determines the
amendment is not in compliance.34 If the ALJ does not find that the amendment is in compliance, the
ALJ must send the recommended order directly to the Administration Commission, which has 90 days
to issue a final order upon receipt.
A small-scale comprehensive plan amendment may not become effective until 31 days after adoption
by the governing body of the county or municipality.35 If the amendment is challenged, the amendment
23 S. 163.3184(3)(c)1., F.S. Except for amendments concerning developments of regional impact, an amendment is considered
withdrawn if the public hearing is not conducted within 180 days after receiving agency comments.
24 S. 163.3184(3)(c)2., F.S.
25 S. 163.3184(3)(c)3., F.S.
26 S 163.3184(3)(c)4., F.S. The Administration Commission is composed of the Governor and Cabinet. S. 14.202, F.S.
27 S. 163.3187(1)(a)-(d), (4), F.S., see also Dept. of Economic Opportunity, Small Scale Amendments Defined; Adoption; Challenge:
Effective Date, http://www.floridajobs.org/community-planning-and-development/programs/community-planning-table-of-contents/small-
scale-amendments-defined-adoption-challenge-effective-date (last visited Feb. 17, 2021).
28 S. 163.3187(3), F.S.
29 See s. 420.0004(3), F.S.
30 S. 163.3187(2), F.S.
31 Compare s. 163.3187, F.S. (small-scale plan amendments are only reviewed by DEO if the plan is challenged) with s. 163.3184(3)-
(4), F.S. (expedited state review process and state coordinated review process for comprehensive plan amendments require review by
DEO and other state agencies).
32 S. 163.3187(5)(a), F.S.
33 Id.
34 S. 163.3187(5)(b), F.S.
35 S. 163.3187(5)(c), F.S.
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may not become effective until DEO or the Administration Commission issues a final order determining
the amendment complies with the overall comprehensive plan.
Rural Area of Opportunity
A Rural Area of Opportunity (RAO) is a rural community, or a region comprised of rural communities,
designated by the Governor, that has been adversely affected by an extraordinary economic event, a
natural disaster, or severe or chronic distress.36 The area may also be classified as a RAO if it presents
a unique economic development opportunity for the impact.
The Governor may designate up to three RAO areas for five-year periods upon recommendation by the
Rural and Economic Development Initiative (REDI).37 These areas receive priority assignments for
REDI, and the designation allows the Governor, acting through REDI, to waive certain criteria or
requirements of any economic development incentives. Currently, there are three designated RAO
areas:38
Northwest RAO, consisting of Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty,
Wakulla, and Washington Counties, as well the area within the city limits of Freeport and in
Walton County north of the Choctawhatchee Bay and the intercoastal waterway;
South Central RAO, consisting of DeSoto, Glades, Hardee, Hendry, Highlands, and
Okeechobee Counties, as well as the municipalities of Pahokee, Belle Glade, and South Bay in
Palm Beach County and Immokalee in Collier County; and
North Central RAO, consisting of Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton,
Jefferson, Lafayette, Levy, Madison, Putnam, Suwannee, Taylor, and Union Counties.
Effect of Proposed Changes
The bill increases that maximum acreage of a small-scale comprehensive plan amendment from 10
acres to 50 acres generally and increases the maximum acreage for a small-scale comprehensive plan
amendment within a rural area of opportunity from 20 acres to 100 acres.
B. SECTION DIRECTORY:
Section 1: Amends s. 163.3187, F.S., to increase the maximum acreage for small-scale
comprehensive plan amendments.
Section 2: Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may reduce state government expenditures to the extent that agencies will no longer be
required to review certain amendments that would previously have been subject to the expedited
state review process.
36 S. 288.0656(2)(d), F.S. A “rural community” is defined as any county with a population of 75,000 or fewer; any county with a
population of 125,000 or fewer that is contiguous to a county with a population of 75,000 or fewer; any municipality in a county that
meets the aforementioned criteria; or any municipality or “unincorporated federal enterprise community” with a population of 25,000 or
fewer and an employment base focused on traditional agriculture or resource-based industries located in a county not defined as rural
and which suffers from three or more economic distress factors. S. 288.0656(2)(e), F.S.
37 S. 288.0656(7)(a), F.S.
38 Dept. of Economic Opportunity, Rural Areas of Opportunity, https://floridajobs.org/community-planning-and-development/rural-
community-programs/rural-areas-of-opportunity (last visited Feb. 17, 2021).
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may reduce local government expenditures to the extent that amendments that would
previously have been subject to the expedited state review process would be eligible for review as
small-scale development amendments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
any action requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with counties
or municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 487 2021
1 A bill to be entitled
2 An act relating to small scale development amendments;
3 amending s. 163.3187, F.S.; revising the required
4 acreage thresholds for adopting an amendment using a
5 small scale development amendment; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (a) of subsection (1) and subsection
11 (3) of section 163.3187, Florida Statutes, are amended to read:
12 163.3187 Process for adoption of small-scale comprehensive
13 plan amendment.—
14 (1) A small scale development amendment may be adopted
15 under the following conditions:
16 (a) The proposed amendment involves a use of 50 10 acres
17 or fewer and:
18 (3) If the small scale development amendment involves a
19 site within a rural area of opportunity as defined under s.
20 288.0656(2)(d) for the duration of such designation, the acreage
21 10-acre limit listed in subsection (1) shall be increased by 100
22 percent to 20 acres. The local government approving the small
23 scale plan amendment shall certify to the state land planning
24 agency that the plan amendment furthers the economic objectives
25 set forth in the executive order issued under s. 288.0656(7),
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0487-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 487 2021
26 and the property subject to the plan amendment shall undergo
27 public review to ensure that all concurrency requirements and
28 federal, state, and local environmental permit requirements are
29 met.
30 Section 2. This act shall take effect July 1, 2021.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0487-00
CS/HB 515
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 515 Duties of the Attorney General
SPONSOR(S): Judiciary Committee, Mariano
TIED BILLS: IDEN./SIM. BILLS: SB 1040
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Judiciary Committee 19 Y, 0 N, As CS Mawn Kramer
2) Commerce Committee Thompson Hamon
3) Health & Human Services Committee
4) Appropriations Committee
SUMMARY ANALYSIS
Under current law:
The Florida Attorney General (“AG”) is the official Florida Supreme Court reporter, even though Florida
Supreme Court opinions are now published online.
The Safe Neighborhoods Program (“SNP”), administered by the Department of Legal Affairs (“DLA”),
provides planning grants to local governments developing Neighborhood Improvement Districts.
However, SNP funding was eliminated in 1992.
Service charges are levied on various state trust funds which receive “income of a revenue nature,”
including the Crimes Compensation Trust Fund (“CCTF”), which funds the Victims Compensation
Program. Service charges are paid into the General Revenue Fund.
DLA oversees the State Institutions Claims Program (“SICP”), which pays restitution for damage
caused by persons supervised by specified agencies. However, DLA receives no funding to pay the
claims, which instead are paid directly by each responsible agency.
During a declared state of emergency, no person may offer any essential commodity or rent a dwelling
or self-service storage unit for an unconscionable price. A price gouging prohibition lasts for 60 days
and must be renewed through emergency declaration renewal.
DLA enforces the Convenience Business Security Act (“CBSA”), which is intended to prevent violent
crime at late-night convenience businesses. The Department of Business and Professional Regulation
(“DBPR”) inspects most convenience businesses under other statutory authority.
The AG is authorized to use de-identified patient information from the Prescription Drug Monitoring
Database (“PDMP”) in opioid litigation through June 30, 2021, at which time the authorization sunsets.
CS/HB 515:
Deletes obsolete provisions making the AG the Florida Supreme Court reporter and authorizing local
governments to apply to the AG for non-existent SNP grant funding.
Removes the AG from involvement in SNP registration and operation.
Exempts the CCTF from a statutory service charge.
Changes the agency responsible for SICP restitution claims from DLA to other specified agencies.
Puts price-gouging prohibition renewal in the Governor’s discretion and provides that price gouging for
rent of a dwelling unit or self-storage facility is only prohibited if the rental was necessary for
inhabitation or use as a direct result of the declared emergency.
Changes the entity responsible for overseeing the CBSA from the DLA to DBPR.
Extends the AG’s authorization to use PDMP information in her opioid litigation to June 30, 2023.
On February 19, 2021, the Revenue Estimating Conference considered HB 515 and determined it would
increase funds in the CCTF by about $1.2 million in FY 2021-22 but decrease funds deposited into the General
Revenue Fund by the same amount. The bill provides an effective date of June 30, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 3/5/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida Supreme Court Reporter
Since 1881, the Florida Supreme Court Clerk has been required to deliver to the Attorney General
(“AG”) a copy of each volume of Florida Supreme Court opinions in the Clerk’s care or custody which
the AG’s Office may be without.1 The AG must keep the copies at her office at the capitol and has
been, by law, the official Supreme Court reporter since 1885.2 However, Florida Supreme Court
opinions are now published online3 and in other reporters4 available in the AG’s law library.5
Safe Neighborhoods Act
A Neighborhood Improvement District (“NID”) is a district located in an area in which more than 75
percent of the land is used for residential purposes or for commercial, office, business, or industrial
purposes and where there is a plan to reduce crime through environmental design, environmental
security, defensible space techniques, or community policing innovations.6 Unless preempted by
ordinance, an NID has powers as authorized in s. 163.514, F.S., including the power to improve street
lighting, parks, streets, drainage, utilities, swales, and open areas and to provide safe access to mass
transportation facilities.
The Safe Neighborhood Act of 1987 (“SNA”) authorized the governing body of a county or a
municipality to approve NID formation7 by adopting a planning ordinance8 and required NIDs to register
and file certain documents with both DLA and the Florida Department of Economic Opportunity
(“DEO”).9 The SNA also directed local governments to cooperate with and seek the involvement of
community organizations such as churches, chambers of commerce, community development
corporations, civic associations, neighborhood housing services, urban leagues, and other not-for-profit
organizations to create NIDs.10 There are currently 27 active NIDS in the state.11
1
Ch. 3264, Laws of Fla. 1881; s. 16.10, F.S.
2
Art. IV, s. 22, Fla. Const. of 1885 (converted to statutory law in 1968); ss. 16.10 and 16.101, F.S.
3
Florida Supreme Court opinions are available online at
https://www.floridasupremecourt.org/Opinions?sort=opinion/disposition_date%20desc,%20opinion/type%20desc,%20opinion/case_n
umber%20asc&type=written&view=embed_custom&searchtype=opinions&recent_only=1&hide_search=1&hide_filters=1&limit=25
&offset=0 (last visited Mar. 1, 2021).
4
Court opinions are gathered and published in chronological order in print volumes called “reporters.” Reporters may be official, i.e.,
government-approved reporters publishing cases within a given jurisdiction, or unofficial, i.e., published by a commercial publisher.
Northern Illinois University College of Law, Basic Legal Research: What is a Reporter,
https://libguides.niu.edu/c.php?g=425200&p=4976573 (last visited Mar. 1, 2021).
5
Email from Daniel Olson, Director of Government Relations, Office of the Attorney General, Untitled (Feb. 11, 2021).
6
S. 163.517, F.S.
7
A county or municipality may create one of four types of NIDs: a local government NID; a property owners’ association NID; a
special NID; or a community redevelopment NID.
8
An ordinance approving NID formation must specify the NID’s name, size, and boundaries. Ss. 163.506(1)(a), 163.508(1)(b),
163.511(1)(d), 163.512(1)(a), and 163.517, F.S.
9
S. 163.5055(1), F.S.
10
A local government working with community organizations for NID creation may enter into agreements with and compensate such
organizations to undertake any activities authorized under the SNA, except the preparation of safe neighborhood improvement plans.
S. 163.523, F.S.
11
Florida Department of Economic Opportunity, Division of Community Development, Official List of Special Districts Online,
http://specialdistrictreports.floridajobs.org/webreports/functionsdetail.aspx (last visited Mar. 1, 2021).
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Safe Neighborhood Improvement Plan
Each NID must have a safe neighborhood improvement plan (“SNIP”), which must be submitted to the
Department of Legal Affairs (“DLA”) for review and approval.12 A SNIP must be consistent with the local
government’s comprehensive plan,13 provide some method and measurement of crime reduction within
the NID, and contain:
District demographics;
Crime activity data and analysis;
Land use, zoning, housing, and traffic analysis;
A determination of the problems of the crime-to-environment relationship and the NID’s stability;
A statement of the NID’s goal’s and objectives;
An assessment of crime prevention tactics;
Cost estimates and the methods of financing;
An outline of program participants and their functions and responsibilities; and
A schedule for executing program activities.14
Each SNIP must also:
Identify property intended for specified public uses;
Identify publicly funded capital improvement projects to be undertaken in the NID;
Contain adequate assurances that the improvements will be carried out under the plan;
Provide for control retention and the establishment of any necessary restrictions or covenants;
Identify projected improvement costs;
Promote advertising programs to be undertaken by the NID or NID businesses;
Suggest physical improvements necessary for NID resident or visitor safety; and
Include law enforcement and security plans for the NID.15
Safe Neighborhoods Program
The SNA also created the now defunct Safe Neighborhoods Trust Fund (“SNTF”), which was
administered by the DLA to “provide planning grants and technical assistance on a 100-percent
matching basis to [authorized NIDs].”16 Under the SNTF, a local governing body was eligible for a
planning grant when it passed an ordinance creating an NID and verified its commitment to providing
matching funds for NID planning purposes.17 DLA reviewed, evaluated, and ranked eligible grant
applications based on:
Evidence of commitment to participate in NID activities from neighborhood organizations,
homeowners, property owners, businesses or merchant associations, or concerned individuals;
The community’s need for an NID to reduce crime; and
The community’s need for state planning funds for successful NID implementation.18
DLA also considered the population distribution of Florida’s cities and counties to give communities of
all sizes an opportunity to benefit from planning grants and could not award a planning grant to more
than one NID within a local government’s boundaries in any given funding cycle.19
However, SNTF funding was eliminated in 1992. In 1993, the SNTF was converted to the Safe
Neighborhood Program (“SNP”) and DLA’s SNTF-related rulemaking authority was eliminated in
12
Ss. 163.3177 and 163.519(11), F.S.
13
A local government must create a comprehensive plan, which includes principles, guidelines, standards, and strategies for orderly
and balanced future land development within its territorial jurisdiction. S. 163.3177, F.S.
14
S. 163.516(1) and (3), F.S.
15
S. 163.516(2), F.S.
16
Under the SNP, property owners’ association NIDs could receive up to $20,000; local government NIDs could receive up to
$100,000; special neighborhood improvement districts could receive up to $50,000; and community redevelopment NIDs could
receive up to $50,000. S. 163.517(1), F.S.
17
S. 163.517(2), F.S.
18
S. 163.517(3), F.S.
19
S. 163.517(4), F.S.
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2012.20 Despite the SNTF’s elimination, current law still authorizes DLA to award non-existent planning
grant funding under the SNP, and DLA still receives planning grant applications.21
NIDs in Enterprise Zones
An “enterprise zone,” created under the Florida Enterprise Zone Act (“FEZA”), was a specific
geographic area targeted for economic revitalization.22 The SNA authorized the governing body of any
municipality or county in which the boundaries of an enterprise zone included a NID, in whole or part, to
ask DLA to submit with its legislative budget request provisions to fund capital improvements relating to
crime prevention.23 Such requests could be made for 100 percent of the capital improvement costs for
25 percent of the area in the enterprise zone overlapping the NID.24 The governing body could also
request a 100 percent matching grant for capital improvement costs for the remaining 75 percent of the
area in the enterprise zone overlapping the NID.25 To be eligible for funding, the local government had
to show that it could implement the project within two years after the funding date, and such funds could
not be expended until after completion and approval of a SNIP.26 Further, the SNA directed any county
or municipality with a designated enterprise zone or which had authorized the creation of a community
redevelopment area27 to consider creating a NID within the zone or area. However, FEZA was
repealed on December 31, 2015, by operation of a sunset provision.28
DLA Duties
The SNA requires DLA to perform the following duties:
Develop SNP design and criteria for funding NIDs;
Develop, promulgate, and revise rules required for SNP operation, the capital improvements
provisions, and any other duties assigned under the SNA;
Develop SNP planning grant application and review procedures;
Provide advice and technical assistance to local governments, property owners’ association’s,
and boards of directors of certain NIDS in their efforts to promote SNA goals and apply for SNP
planning grants;
Review and evaluate applications for planning and technical assistance;
Provide for contract management;
Evaluate SNP performance in light of state objectives and future trends and prepare legislative
recommendations;
Act as the repository of crime prevention through community policing innovations; environmental
design strategies, principles, and tactics, environmental security plans and procedures;
defensible space techniques; and SNIPs;
Provide crime prevention through community policing innovations, environmental design and
security, and defensible space training;
Provide for consultant contracts for statewide safe neighborhood development training; and
Review and approve a SNIP prior to its adoption by a local government.29
20
Id; see also email from Daniel Olson, supra note 5.
21
See email from Daniel Olson, supra note 5; see also s. 163.517, F.S.
22
See ss. 290.001-290.016, F.S.
23
S. 163.521, F.S.
24
Id.
25
Id.
26
Id.
27
A community redevelopment area is a slum area, blighted area, or an area in which there is a shortage of affordable housing, or a
coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns, inadequate
transportation and parking facilities, faulty lot or inadequate street layout, or a combination thereof which the governing body
designates as appropriate for community redevelopment. S. 163.340(10), F.S.
28
See ch. 2005-287, Laws of Fla.; Florida Department of Revenue, Florida Enterprise Zone Program 2015 Legislative Changes,
https://floridarevenue.com/taxes/tips/documents/TIP-120138_TIP%2015ADM-
04%20FL%20Enterprise%20Zone%20Program%202015%20Legislative%20Changes%20-%20TIP%20FINAL.pdf (last visited Mar.
1, 2021).
29
S. 163.519, F.S.
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However, although it continues to support local governments and existing NIDs through technical
assistance with crime prevention, DLA currently lacks the staff and funding necessary to perform most
of its duties under the SNA.30
Crimes Compensation Trust Fund
DLA administers the Crimes Compensation Trust Fund (“CCTF”), which funds the Victim’s
Compensation Program (“VCP”).31 The VCP provides financial assistance to eligible persons for
specified crime-related32 economic losses, including wage loss, certain violence-related relocation
costs, funeral expenses, and medical and mental health treatment costs, if such persons are unable to
obtain compensation for their losses from any other source.33 A person is generally eligible34 for VCP
funding if he or she is:
A victim;
An intervenor;35
A surviving spouse, parent, guardian, sibling, or child of a deceased victim or intervenor; or
Any other person who is dependent for his or her principal support upon a deceased victim or
intervenor.36
The CCTF is funded by:
Legislative appropriations to compensate victims; and
Moneys:
o Recovered on behalf of DLA by subrogation or other action;
o Recovered through restitution;
o Received from the federal government;
o Received from court costs and fines; or
o Received from any other public or private source.37
Florida law levies an eight percent service charge on various state trust funds which receive “income of
a revenue nature,” including the CCTF.38 These service charges are deposited into the General
Revenue Fund39 as a reimbursement of the estimated pro rata share of the “cost of general
government” paid from the General Revenue Fund.40 For fiscal year 2019-20, the CCTF’s cash balance
was the lowest it has been in at least eleven years, due in part to diminishing revenues.41 DLA
estimates that exempting the CCTF from the service charge would increase the CCTF’s balance by
about $1.2 million per year, allowing increased VCP funding.42 However, the exemption would also
30
See email from Daniel Olson, supra note 5.
31
S. 960.21, F.S.
32
The crime must have directly resulted in personal injury to, psychiatric or psychological injury to, or the death of the victim or
intervenor and have been promptly reported to the proper authorities. S. 960.13, F.S.
33
Ss. 960.16 and 960.196-199, F.S.; Office of the State Attorney Office of the Attorney General, Bureau of Victim Compensation,
Victims Brochure, http://myfloridalegal.com/webfiles.nsf/WF/MRAY-8CVP5T/$file/BVCVictimCompensationBrochure.pdf (last
visited Mar. 1, 2021).
34
A person is ineligible for VCP funds if the person committed or aided in the crime’s commission; was engaged in other unlawful
activity at the time of the crime; was in custody or confined in a county or municipal detention facility, a state or federal correctional
facility, or a juvenile detention or commitment facility at the time of the crime; has been adjudicated as a habitual felony offender,
habitual violent offender, or violent career criminal; or has been adjudicated guilty of any forcible felony offense. S. 960.065(2), F.S.
35
An intervenor is any person who goes to the aide of another and suffers bodily injury or death as a result of acting, not recklessly, to
prevent a crime’s commission, to lawfully apprehend a person reasonably suspected of having committed a crime, or to aid a crime
victim. S. 960.03(9), F.S.
36
S. 960.065(1), F.S.
37
S. 960.21(2), F.S.
38
S. 215.20(1), F.S.
39
The General Revenue Fund is the state’s primary operating fund, used to fund education, transportation, environmental and natural
resources programs, and other state interests. Florida Department of Financial Services, Florida Financials Glossary of Terms,
https://fs.fldfs.com/dispub2/glossary.htm (last visited Mar. 1, 2021).
40
S. 215.20(1), F.S.
41
See email from Daniel Olson, supra note 5.
42
Id.
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decrease funds deposited into the General Revenue Fund by the same amount.
State Institutions Claims Program
The State Institutions Claims Program (“SICP”) provides restitution43 for property damage and direct
medical expenses for injuries caused by shelter or foster children or escapees, inmates, or patients of
state institutions or developmental disabilities centers under the Department of Children and Families
(“DCF”), the Department of Health (“DOH”), the Department of Juvenile Justice (“DJJ”), the Department
of Corrections (“DOC”), or the Agency for Persons with Disabilities (“APD”).44 Restitution claims are
filed with DLA, which has the power to hear45 and investigate claims, determine claim eligibility, and
pay eligible claims.46 DLA must also work with DCF, DOH, DJJ, DOC, and APD to streamline claim
investigations, hearings, and eligibility determinations to ensure that eligible claimants receive timely
restitution.47 However, DLA receives no funding to pay eligible claims but instead sends those claims to
the state agency responsible for payment.48
Price Gouging
During a declared state of emergency, it is unlawful49 to offer to rent or sell any essential commodity50
at an unconscionable price within the area for which the state of emergency is declared.51 The price-
gouging prohibition is effective for 60 days from the initial declaration and must be renewed by any
subsequent emergency declaration renewal.52 It is also unlawful for any person to impose
unconscionable prices for the rental or lease of any dwelling unit or self-service storage facility during a
declared state of emergency.53 Florida does not set a specific benchmark for what constitutes price
gouging, but a price is presumed to be unconscionable if:
There is a gross disparity between the price charged during the state of emergency and the
average price charged during the 30 days before the state of emergency; or
It grossly exceeds the average price for which the same or similar commodity was readily
obtainable in the trade area during the 30 days before the state of emergency declaration.54
However, Florida exempts from the price gouging prohibition a price increase approved by an
appropriate government agency or “attributable to additional costs incurred in connection with the rental
or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or regional,
national, or international market trends.”55 Further, the price gouging prohibition does not apply to sales
by raw or processed food product growers, producers, or processors, except for retail sales of such
products directly to the consumer within the area of the declared state of emergency.56
Price gouging may be reported to the AG through the AG’s Price Gouging Hotline, through the No
Scam app, online, or by mail, and the AG investigates each allegation.57 Florida has no private cause of
43
Restitution payments are capped at $1,000, except in the case of foster children and their families, when payments are capped at
$1,500. S. 402.181(2), F.S.
44
S. 402.181(1), F.S.
45
Hearings are held in accordance with ch. 120, F.S. S. 402.181(3)(a), F.S.
46
S. 402.181(2), F.S.
47
S. 402.181(3)(b), F.S.
48
See email from Daniel Olson, supra note 5.
49
Price gouging is considered a violation of the Florida Deceptive and Unfair Trade Practices Act under s. 501.204, F.S.
50
“Commodity” means any goods, services, materials, merchandise, supplies, equipment, resources, or other article of commerce and
includes, without limitation, water, food, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct
result of the emergency. S. 501.160(1)(a), F.S.
51
S. 501.160(2), F.S.
52
Id.
53
S. 501.160(3), F.S.
54
S. 501.160(1)(b), F.S.
55
S. 501.160(1)(b) and (4), F.S.
56
S. 501.160(5), F.S.
57
Office of the Attorney General, Price Gouging Frequently Asked Questions,
https://myfloridalegal.com/pages.nsf/Main/5D2710E379EAD6BC85256F03006AA2C5?OpenDocument (last visited Mar. 1, 2021).
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action for price gouging, so cases must be brought by the office of the state attorney or the AG.58
Violating the price gouging prohibition carries a civil penalty of up to $1,000 per violation, or up to
$25,000 per 24-hour period, which must be paid to the enforcing authority.59
Convenience Businesses
The Convenience Business Security Act (“CBSA”), meant to prevent violent crimes at late-night
convenience businesses,60 provides uniform security standards for such businesses.61 These standards
include the mandatory use of security devices and silent alarms, prohibitions against specified window
tinting levels, and the implementation of additional security procedures if a violent crime arising out of
the convenience business’ operation has occurred at the business at any time since July 1, 1989.62
Additionally, the CBSA requires the owner or operator of a convenience business to provide robbery
defense and safety training under an AG-approved curriculum to each retail employee within 60 days of
employment and to resubmit the curriculum to the AG for approval biennially.63
The AG trains law enforcement officers and others on inspecting convenience businesses for CBSA
violations through the Florida Crime Prevention Training Institute.64 A CBSA violation results in a notice
of violation from the AG.65 Violators have 30 days from notice receipt to prove CBSA compliance to the
AG’s office, and if a violation continues after that time, the AG may impose a civil fine of up to $5,000.66
The AG may also petition for an injunction if she determines that public health, safety, or welfare is
threatened by a convenience business’s continued operation in violation of the CBSA and may seek
attorney fees and costs and a civil penalty of up to $5,000 per violation.67 The AG typically receives less
than ten complaints each year about non-compliant convenience businesses and can usually bring
such businesses into compliance without resorting to enforcement activity or fines.68
Under other authority, the Division of Alcoholic Beverages and Tobacco (“ABT”) within the Department
of Business and Professional Regulation (“DBPR”) licenses and regulates the retail sale of alcoholic
beverages and tobacco, including sales at convenience stores.69 ABT’s Bureau of Law Enforcement
also inspects retail locations selling alcoholic beverages and tobacco for legal violations.70 However,
DBPR does not license or regulate convenience store operation.
De-Identified Prescription Drug Monitoring Program Database Patient Information
58
S. 501.160(7) and (8), F.S.
59
S. 501.164, F.S.
60
“Convenience business” under the CBSA means any business primarily engaged in the retail sale of groceries, or both groceries and
gasoline, that is open for business at any time between 11:00 p.m. and 5:00 a.m. The term does not include a business that is solely or
primarily a restaurant, a business that always has at least five employees on the premises after 11:00 p.m. and before 5:00 a.m., a
business with at least 10,000 square feet of retail floor space, or any business in which the owner or members of the owner’s family
work between 11:00 p.m. and 5:00 a.m. S. 812.171, F.S.
61
Ss. 812.172 and 812.173, F.S.
62
S. 812.173, F.S.
63
A proposed curriculum must be submitted to the AG in writing with an administrative fee of no more than $100. The curriculum
must train and familiarize retail employees with security principles, devices, and measures required by the CBSA. S. 812.174, F.S.
64
The Florida Crime Prevention Training Institute, established in 1982 under the Office of the AG, provides statewide public
education and training programs for law enforcement personnel, school resource officers, victim advocates, and other interested
persons on crime prevention initiatives, school-based officer programs, victim advocacy, and related criminal justice topics. S. 16.54,
F.S.; See Office of the Attorney General, Florida Crime Prevention Training Institute: About Us,
http://www.fcpti.com/fcpti.nsf/pages/AboutUs (last visited Mar. 1, 2021); see also email from Daniel Olson, supra note 5.
65
S. 812.175(1), F.S.
66
CBSA fines are deposited in to the General Revenue Fund. S. 812.175(1) and (2), F.S.
67
S. 812.175(3), F.S.
68
See email from Daniel Olson, supra note 5.
69
Valerie L. Haber, Alcohol Regulation (FL): Overview, 19 Practical Law Commercial Transactions (2009), https://www.gray-
robinson.com/uploads/files/Alcohol%20Regulation%20(FL)%20Overview%20(w-020-0266)(1).pdf (last visited Mar. 1, 2021).
70
Id.
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The Prescription Drug Monitoring Program (“PDMP”) database tracks controlled substance71
prescriptions written and filled in the state, including opioid prescriptions.72 Florida law allows the AG,
upon authorization by a trial court, to use de-identified patient information from the PDMP database in
an active investigation or pending civil or criminal litigation involving prescribed controlled substances,
subject to confidentiality restrictions.73 The authorization expires by way of a sunset provision on June
30, 2021. However, the AG is currently litigating a civil matter against some of the nation’s largest
opioid manufacturers and distributors for their role in the opioid crisis (“opioid litigation”), and trial in the
matter is set for April of 2022.74 Without a sunset provision extension, the AG will not be able to use de-
identified patient information from the PDMP database in her opioid litigation.75
Effect of Proposed Changes
Florida Supreme Court Reporter
CS/HB 515 repeals ss. 16.10 and 16.101, F.S., thereby removing the AG from the position of official
Florida Supreme Court reporter and deleting the requirement that the Florida Supreme Court Clerk
provide the AG with copies of Florida Supreme Court opinion volumes to be kept in the AG’s office at
the capitol. Florida Supreme Court opinions would still be available online and in reporters maintained
in the AG’s law library.
Safe Neighborhoods Act
The bill repeals sections:
163.517, F.S., creating the SNP and allowing a local government to submit an SNP planning
grant application to DLA.
163.519, F.S., establishing DLA’s duties relating to NID funding and SNP operation.
163.521, F.S., allowing an NID in an enterprise zone to ask DLA to include provisions to fund
capital improvements in its annual budget request and request grant funding.
163.5215, F.S., specifying how the provisions of the SNA should be construed.
163.522, F.S., directing a local government with a designated enterprise zone or which has
authorized a community redevelopment area to consider creating an NID in said zone or area.
163.523, F.S., authorizing local governments to seek community organization cooperation and
involvement in NID creation and to compensate such organizations.
The bill also deletes provisions requiring NIDs to register with and submit documents to DLA and
makes conforming changes. NIDs would still:
Have to register with and submit requisite documents to DEO.
Be able to apply for available federal grants.
Crimes Compensation Trust Fund
The bill exempts the CCTF from the eight percent statutory service charge, allowing those funds to
remain in the CCTF. However, this exemption would decrease general revenue funds to the same
extent.
State Institutions Claims Program
71
“Controlled substance” means a controlled substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V of s. 893.03,
F.S., or 21 U.S.C. s. 812. S. 893.055(1)(C), F.S.
72
S. 893.055, F.S.; Centers for Disease Control and Prevention, Prescription Drug Monitoring Programs,
https://www.cdc.gov/drugoverdose/pdmp/states.html (last visited Mar. 1, 2021).
73
Ss. 893.055(5)(b)2. and 893.0551, F.S.
74
See email from Daniel Olson, supra note 5; Office of the Attorney General, Combating the National Opioid Crisis,
http://myfloridalegal.com/pages.nsf/Main/D0263EB06FDFD00F8525828E0064EE0F#:~:text=On%20Tuesday%2C%20May%2015%
2C%202018,role%20in%20the%20opioid%20crisis (last visited Mar. 1, 2021); see Case No. 2018-CA-001438 (Fla. 6th Judicial
Circuit).
75
See email from Daniel Olson, supra note 5.
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The bill removes DLA as the entity responsible for SICP restitution claims. Under the bill, such claims
must instead be filed with and evaluated and paid by the state agency supervising the person
responsible for the damage or injury forming the basis of the claim. The bill also authorizes DCF, DOH,
DJJ, DOC, and APD to adopt rules to process SICP claims and to ensure that eligible claimants receive
timely restitution.
Price Gouging
The bill leaves the renewal of the price gouging prohibitions to the Governor’s discretion, allowing the
Governor to choose to whether to extend such prohibitions an additional 60 days by issuing an
executive order. The bill also provides that price gouging for rent of a dwelling unit or self-storage
facility is only prohibited if the rental was necessary for inhabitation or use as a direct result of the
declared emergency.
Convenience Businesses
The bill changes the entity responsible for overseeing and enforcing the CBSA from DLA to DBPR. The
bill also authorizes DBPR to adopt rules to implement the CBSA.
De-Identified Prescription Drug Monitoring Program Database Patient Information
The bill extends the AG’s authority to use de-identified patient information from the PDMP database to
June 30, 2023, giving the AG time to use such information in her opioid litigation.
The bill provides an effective date of June 30, 2021.
B. SECTION DIRECTORY:
Section 1: Repeals s. 16.10, F.S., relating to receipt of Supreme Court reports for office.
Section 2: Repeals s. 16.101, F.S., relating to Supreme Court reporter.
Section 3: Amends s. 163.503, F.S., relating to definitions.
Section 4: Amends s. 163.504, F.S., relating to safe neighborhood improvement districts; planning
funds.
Section 5: Amends s. 163.5055, F.S., relating to registration of district establishment; notice of
dissolution.
Section 6: Amends s. 163.506, F.S., relating to local government neighborhood improvement districts;
creation; advisory council; dissolution.
Section 7: Amends s. 163.508, F.S., property owners’ association neighborhood improvement
districts; creation; powers and duties; duration.
Section 8: Amends 163.511, F.S., relating to special neighborhood improvement districts; creation;
referendum; board of directors; duration; extension.
Section 9: Repeals s. 163.517, F.S., relating to Safe Neighborhood Program.
Section 10: Repeals s. 163.519, F.S., relating to duties of Department of Legal Affairs.
Section 11: Repeals s. 163.521, F.S., relating to neighborhood improvement district inside enterprise
Zone; funding.
Section 12: Repeals s. 163.5215, F.S., relating to effect.
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Section 13: Repeals s. 163.522, F.S., relating to state redevelopment programs.
Section 14: Repeals s. 163.523, F.S., relating to safe neighborhood districts; cooperation and
involvement of community organizations.
Section 15: Amends s. 163.524, F.S., relating to neighborhood preservation and enhancement
program; participation; creation of neighborhood preservation and enhancement districts;
creation of neighborhood councils and neighborhood enhancement plans.
Section 16: Amends s. 215.22, F.S., relating to certain income and certain trust funds exempt.
Section 17: Amends s. 376.84, F.S., relating to brownfield redevelopment economic incentives.
Section 18: Amends s. 402.181, F.S., relating to state institutions claims program.
Section 19: Amends s. 501.160, F.S., relating to rental or sale of essential commodities during a
declared state of emergency; prohibition against unconscionable prices.
Section 20: Amends s. 775.083, F.S., relating to fines.
Section 21: Amends s. 812.173, F.S., relating to convenience business security.
Section 22: Amends s. 812.174, F.S., relating to training of employees.
Section 23: Amends s. 812.175, F.S., relating to enforcement; civil fine.
Section 24: Amends s. 812.176, F.S., relating to rulemaking authority.
Section 25: Amends s. 3 of chapter 2019-127, Laws. of Fla.
Section 26: Provides an effective date of June 30, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
On February 19, 2021, the Revenue Estimating Conference (“REC”) considered section 16 of the
bill. The REC determined that exempting the CCTF from the eight percent service charge would
result in an increase in funds in the CCTF of approximately $1.2 million annually for FY 2021-22
through FY 2025-26 but a decrease in funds in the General Revenue Fund by the same amount
during the same period.76
2. Expenditures:
The bill may have an indeterminate fiscal impact on DBPR, DCF, DOH, DJJ, DOC, and APD, as
these agencies would be responsible for duties currently performed by DLA. DLA would
consequently experience a reduced workload.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
76
Revenue Estimating Conference, Revenue Impact Results (Feb. 19, 2021),
http://www.edr.state.fl.us/content/conferences/revenueimpact/archives/2021/_pdf/Impact0219.pdf (last visited Mar. 5, 2021).
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2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill would eliminate price gouging protections relating to rent of a dwelling unit or a self-service
storage facility during a declared state of emergency, which could subject Florida consumers to higher
rent prices during a state of emergency.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill:
Authorizes DCF, DOH, DJJ, DOC, and APD to adopt rules to process SICP claims and to
ensure that eligible claimants receive restitution within a reasonable time.
Removes DLA’s authority to adopt rules required for SNP operation, the capital improvements
provisions, and any other duties assigned under the SNA.
Authorizes DBPR to adopt rules to implement the CBSA.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 1, 2021, the Judiciary Committee adopted two amendments and reported the bill favorably as a
committee substitute. The amendments:
Provided that price gouging for rent of a dwelling unit or self-storage facility during a declared state of
emergency is only prohibited if the rental was necessary for inhabitation or use as a direct result of the
emergency.
Made a technical change by deleting a reference to the service charge in the CCTF statute.
This analysis is drafted to the committee substitute as passed by the Judiciary Committee.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 515 2021
1 A bill to be entitled
2 An act relating to duties of the Attorney General;
3 repealing s. 16.10, F.S., relating to the receipt of
4 Supreme Court decisions by the Attorney General;
5 repealing s. 16.101, F.S., relating to the Supreme
6 Court reporter; amending s. 163.503, F.S.; revising
7 the definition of "department" to conform to changes
8 made by the act; amending s. 163.504, F.S.; deleting
9 provisions relating to the Safe Neighborhoods Program;
10 amending ss. 163.5055, 163.506, 163.508, and 163.511,
11 F.S.; relieving the Department of Legal Affairs from
12 certain duties associated with specified neighborhood
13 improvement districts; repealing s. 163.517, F.S.,
14 relating to the Safe Neighborhoods Program; repealing
15 s. 163.519, F.S., defining the duties of the
16 Department of Legal Affairs; repealing s. 163.521,
17 F.S., relating to funding of neighborhood improvement
18 districts inside enterprise zones; repealing s.
19 163.5215, F.S., relating to the construction of the
20 Safe Neighborhoods Act; repealing s. 163.522, F.S.,
21 relating to state redevelopment programs; repealing s.
22 163.523, F.S., relating to the cooperation and
23 involvement of community organizations to create safe
24 neighborhood districts; amending s. 163.524, F.S.;
25 conforming a provision to changes made by the act;
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26 amending s. 215.22, F.S.; specifying that the Crimes
27 Compensation Trust Fund is exempt from the service
28 charge into the General Revenue Fund; amending s.
29 376.84, F.S.; conforming a cross-reference; amending
30 s. 402.181, F.S.; requiring certain claims for
31 restitution to be filed with specified entities;
32 removing the Department of Legal Affairs as an entity
33 for such filings; requiring the Department of Children
34 and Families, the Department of Health, the Department
35 of Juvenile Justice, the Department of Corrections,
36 and the Agency for Persons with Disabilities to adopt
37 rules to process specified claims; amending s.
38 501.160, F.S.; authorizing certain declarations during
39 a state of emergency to be extended for specified days
40 by executive order; amending ss. 775.083 and 812.173,
41 F.S.; conforming a provision to changes made by the
42 act; amending ss. 812.174, 812.175, and 812.176, F.S.;
43 revising provisions to require the Department of
44 Business and Professional Regulation and not the
45 Attorney General to regulate convenience businesses;
46 amending ch. 2019-127, Laws of Florida; extending the
47 timeframe for the Attorney General to have access to
48 records when ordered by a court under specified
49 provisions; postponing the scheduled repeal of
50 amendments until a specified date unless reviewed and
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51 saved from repeal through reenactment by the
52 Legislature; amending s. 960.21, F.S.; deleting the
53 requirement that a service charge be paid out of
54 moneys deposited in the Crimes Compensation Trust
55 Fund; providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Section 16.10, Florida Statutes, is repealed.
60 Section 2. Section 16.101, Florida Statutes, is repealed.
61 Section 3. Subsection (3) of section 163.503, Florida
62 Statutes, is amended to read:
63 163.503 Definitions.—
64 (3) "Department" means the Department of Economic
65 Opportunity Legal Affairs.
66 Section 4. Section 163.504, Florida Statutes, is amended
67 to read:
68 163.504 Safe neighborhood improvement districts; planning
69 funds.—
70 (1) The governing body of any municipality or county may
71 authorize the formation of safe neighborhood improvement
72 districts through the adoption of a planning ordinance which
73 specifies that such districts may be created by one or more of
74 the methods established in ss. 163.506, 163.508, 163.511, and
75 163.512. No district may overlap the jurisdictional boundaries
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76 of a municipality and the unincorporated area of a county,
77 except by interlocal agreement.
78 (2) If the governing body of a municipality or county
79 elects to create a safe neighborhood improvement district, it
80 shall be eligible to request a grant from the Safe Neighborhoods
81 Program, created pursuant to s. 163.517 and administered by the
82 Department of Legal Affairs, to prepare a safe neighborhood
83 improvement plan for the district.
84 (3) Municipalities and counties may implement the
85 provisions of this section without planning funds from the
86 Department of Legal Affairs. However, nothing in this section
87 shall be construed to exempt any district from the requirements
88 of providing a safe neighborhood improvement plan pursuant to s.
89 163.516.
90 Section 5. Subsection (1) of section 163.5055, Florida
91 Statutes, is amended to read:
92 163.5055 Registration of district establishment; notice of
93 dissolution.—
94 (1)(a) Each neighborhood improvement district authorized
95 and established under this part shall within 30 days thereof
96 register with both the Department of Economic Opportunity and
97 the Department of Legal Affairs by providing the department
98 these departments with the district's name, location, size, and
99 type, and such other information as the department departments
100 may require.
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101 (b) Each local governing body that authorizes the
102 dissolution of a district shall notify both the Department of
103 Economic Opportunity and the Department of Legal Affairs within
104 30 days after the dissolution of the district.
105 Section 6. Paragraph (h) of subsection (1) of section
106 163.506, Florida Statutes, is amended to read:
107 163.506 Local government neighborhood improvement
108 districts; creation; advisory council; dissolution.—
109 (1) After a local planning ordinance has been adopted
110 authorizing the creation of local government neighborhood
111 improvement districts, the local governing body of a
112 municipality or county may create local government neighborhood
113 improvement districts by the enactment of a separate ordinance
114 for each district, which ordinance:
115 (h) Requires the district to notify the Department of
116 Legal Affairs and the Department of Economic Opportunity in
117 writing of its establishment within 30 days thereof pursuant to
118 s. 163.5055.
119 Section 7. Paragraph (g) of subsection (1) of section
120 163.508, Florida Statutes, is amended to read:
121 163.508 Property owners' association neighborhood
122 improvement districts; creation; powers and duties; duration.—
123 (1) After a local planning ordinance has been adopted
124 authorizing the creation of property owners' association
125 neighborhood improvement districts, the local governing body of
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126 a municipality or county may create property owners' association
127 neighborhood improvement districts by the enactment of a
128 separate ordinance for each district, which ordinance:
129 (g) Requires the district to notify the Department of
130 Legal Affairs and the Department of Economic Opportunity in
131 writing of its establishment within 30 days thereof pursuant to
132 s. 163.5055.
133 Section 8. Paragraph (i) of subsection (1) of section
134 163.511, Florida Statutes, is amended to read:
135 163.511 Special neighborhood improvement districts;
136 creation; referendum; board of directors; duration; extension.—
137 (1) After a local planning ordinance has been adopted
138 authorizing the creation of special neighborhood improvement
139 districts, the governing body of a municipality or county may
140 declare the need for and create special residential or business
141 neighborhood improvement districts by the enactment of a
142 separate ordinance for each district, which ordinance:
143 (i) Requires the district to notify the Department of
144 Legal Affairs and the Department of Economic Opportunity in
145 writing of its establishment within 30 days thereof pursuant to
146 s. 163.5055.
147 Section 9. Section 163.517, Florida Statutes, is repealed.
148 Section 10. Section 163.519, Florida Statutes, is
149 repealed.
150 Section 11. Section 163.521, Florida Statutes, is
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151 repealed.
152 Section 12. Section 163.5215, Florida Statutes, is
153 repealed.
154 Section 13. Section 163.522, Florida Statutes, is
155 repealed.
156 Section 14. Section 163.523, Florida Statutes, is
157 repealed.
158 Section 15. Subsection (5) of section 163.524, Florida
159 Statutes, is amended to read:
160 163.524 Neighborhood Preservation and Enhancement Program;
161 participation; creation of Neighborhood Preservation and
162 Enhancement Districts; creation of Neighborhood Councils and
163 Neighborhood Enhancement Plans.—
164 (5) The Neighborhood Council and local government planning
165 agency shall be eligible to receive grants from the Safe
166 Neighborhoods Program as provided in s. 163.517.
167 Section 16. Paragraph (w) is added to subsection (1) of
168 section 215.22, Florida Statutes, to read:
169 215.22 Certain income and certain trust funds exempt.—
170 (1) The following income of a revenue nature or the
171 following trust funds shall be exempt from the appropriation
172 required by s. 215.20(1):
173 (w) The Crimes Compensation Trust Fund.
174 Section 17. Paragraph (c) of subsection (1) of section
175 376.84, Florida Statutes, is amended to read:
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176 376.84 Brownfield redevelopment economic incentives.—It is
177 the intent of the Legislature that brownfield redevelopment
178 activities be viewed as opportunities to significantly improve
179 the utilization, general condition, and appearance of these
180 sites. Different standards than those in place for new
181 development, as allowed under current state and local laws,
182 should be used to the fullest extent to encourage the
183 redevelopment of a brownfield. State and local governments are
184 encouraged to offer redevelopment incentives for this purpose,
185 as an ongoing public investment in infrastructure and services,
186 to help eliminate the public health and environmental hazards,
187 and to promote the creation of jobs in these areas. Such
188 incentives may include financial, regulatory, and technical
189 assistance to persons and businesses involved in the
190 redevelopment of the brownfield pursuant to this act.
191 (1) Financial incentives and local incentives for
192 redevelopment may include, but not be limited to:
193 (c) Safe neighborhood improvement districts as provided in
194 ss. 163.501-163.516 ss. 163.501-163.523.
195 Section 18. Subsections (2) and (3) of section 402.181,
196 Florida Statutes, are amended to read:
197 402.181 State Institutions Claims Program.—
198 (2) Claims for restitution may be filed with the
199 Department of Children and Families, the Department of Health,
200 the Department of Juvenile Justice, the Department of
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201 Corrections, or the Agency for Persons with Disabilities. The
202 claim must be filed with the department or agency responsible
203 for monitoring the person that caused the medical injury or the
204 property damage Legal Affairs at its office in accordance with
205 regulations prescribed by the Department of Legal Affairs. The
206 departments and agencies Department of Legal Affairs shall have
207 the full power and authority to approve or deny hear,
208 investigate, and determine all questions in respect to such
209 claims and may is authorized, within the limits of current
210 appropriations, to pay individual claims up to $1,000 or, with
211 respect to children in foster care and their families,
212 individual claims up to $1,500. Claims in excess of these
213 amounts shall continue to require legislative approval.
214 (3)(a) The Department of Children and Families, the
215 Department of Health, the Department of Juvenile Justice, the
216 Department of Corrections, and the Agency for Persons with
217 Disabilities shall adopt rules to process claims and to ensure
218 that eligible claimants receive restitution within a reasonable
219 time. The Department of Legal Affairs shall make or cause to be
220 made such investigations as it considers necessary in respect to
221 such claims. Hearings shall be held in accordance with chapter
222 120.
223 (b) The Department of Legal Affairs shall work with the
224 Department of Children and Families, the Department of Health,
225 the Department of Juvenile Justice, the Department of
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226 Corrections, and the Agency for Persons with Disabilities to
227 streamline the process of investigations, hearings, and
228 determinations with respect to claims under this section, to
229 ensure that eligible claimants receive restitution within a
230 reasonable time.
231 Section 19. Subsections (4) through (9) of section
232 501.160, Florida Statutes, are renumbered as subsections (3)
233 through (8), respectively, and subsection (2) and present
234 subsection (3) of that section are amended to read:
235 501.160 Rental or sale of essential commodities during a
236 declared state of emergency; prohibition against unconscionable
237 prices.—
238 (2) Upon a declaration of a state of emergency by the
239 Governor, it is unlawful and a violation of s. 501.204 for a
240 person or her or his agent or employee to rent or sell or offer
241 to rent or sell at an unconscionable price within the area for
242 which the state of emergency is declared:,
243 (a) Any essential commodity including, but not limited to,
244 supplies, services, provisions, or equipment that is necessary
245 for consumption or use as a direct result of the emergency.
246 (b) Any dwelling unit or self-storage facility that is
247 necessary for inhabitation or use as a direct result of the
248 emergency.
249
250 This prohibition is effective not to exceed 60 days under the
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251 initial declared state of emergency as defined in s. 252.36(2)
252 and may be extended an additional 60 days, by an executive order
253 issued by the Governor specifically referencing this section
254 shall be renewed by statement in any subsequent renewals of the
255 declared state of emergency by the Governor.
256 (3) It is unlawful and a violation of s. 501.204 for any
257 person to impose unconscionable prices for the rental or lease
258 of any dwelling unit or self-storage facility during a period of
259 declared state of emergency.
260 Section 20. Subsection (2) of section 775.083, Florida
261 Statutes, is amended to read:
262 775.083 Fines.—
263 (2) In addition to the fines set forth in subsection (1),
264 court costs shall be assessed and collected in each instance a
265 defendant pleads nolo contendere to, or is convicted of, or
266 adjudicated delinquent for, a felony, a misdemeanor, or a
267 criminal traffic offense under state law, or a violation of any
268 municipal or county ordinance if the violation constitutes a
269 misdemeanor under state law. The court costs imposed by this
270 section shall be $50 for a felony and $20 for any other offense
271 and shall be deposited by the clerk of the court into an
272 appropriate county account for disbursement for the purposes
273 provided in this subsection. A county shall account for the
274 funds separately from other county funds as crime prevention
275 funds. The county, in consultation with the sheriff, must expend
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276 such funds for crime prevention programs in the county,
277 including safe neighborhood programs under ss. 163.501-163.523.
278 Section 21. Subsections (3) and (5) of section 812.173,
279 Florida Statutes, are amended to read:
280 812.173 Convenience business security.—
281 (3) Every convenience business shall be equipped with a
282 silent alarm to law enforcement or a private security agency,
283 unless application for an exemption is made to and granted by
284 the Department of Business and Professional Regulation Attorney
285 General. An application for exemption must be in writing and
286 must be accompanied by an administrative fee of $25 for each
287 store for which an exemption would apply.
288 (5) For purposes of this section, any convenience business
289 that by law implemented any of the security measures set forth
290 in paragraphs (4)(a)-(e) and has maintained said measures as
291 required by the Department of Business and Professional
292 Regulation Legal Affairs without any occurrence or incidence of
293 the crimes identified by subsection (4) for a period of no less
294 than 24 months immediately preceding the filing of a notice of
295 exemption, may file with the department a notice of exemption
296 from these enhanced security measures. In no event shall this
297 exemption be interpreted to preclude full compliance with the
298 security measures set forth in subsection (4) should any
299 occurrence or incidence of the crimes identified by subsection
300 (4) cause subsection (4) to be statutorily applicable. As of
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301 July 1, 2021 the date this act becomes law, the Department of
302 Business and Professional Regulation Legal Affairs will provide
303 notice to any convenience business to which a subsection (4)
304 incident has previously occurred. In no event shall the state or
305 the Department of Business and Professional Regulation Legal
306 Affairs incur any liability for the regulation and enforcement
307 of this act.
308 Section 22. Section 812.174, Florida Statutes, is amended
309 to read:
310 812.174 Training of employees.—The owner or principal
311 operator of a convenience business or convenience businesses
312 shall provide proper robbery deterrence and safety training by
313 an approved curriculum to its retail employees within 60 days of
314 employment. Existing retail employees shall receive training
315 within 6 months of April 8, 1992. A proposed curriculum shall be
316 submitted in writing to the Department of Business and
317 Professional Regulation Attorney General with an administrative
318 fee not to exceed $100. The Department of Business and
319 Professional Regulation Attorney General shall review and
320 approve or disapprove the curriculum in writing within 60 days
321 after receipt. The state shall have no liability for approving
322 or disapproving a training curriculum under this section.
323 Approval shall be given to a curriculum which trains and
324 familiarizes retail employees with the security principles,
325 devices, and measures required by s. 812.173. Disapproval of a
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326 curriculum shall be subject to the provisions of chapter 120. No
327 person shall be liable for ordinary negligence due to
328 implementing an approved curriculum if the training was actually
329 provided. A curriculum shall be submitted for reapproval
330 biennially with an administrative fee not to exceed $100. Any
331 curriculum approved by the Attorney General between since
332 September 1990 and June 30, 2021, and any curriculum approved on
333 or after July 1, 2021, by the Department of Business and
334 Professional Regulation shall be subject to reapproval 2 years
335 from the anniversary of initial approval and biennially
336 thereafter.
337 Section 23. Section 812.175, Florida Statutes, is amended
338 to read:
339 812.175 Enforcement; civil fine.—
340 (1) The violation of any provision of this act by any
341 owner or principal operator of a convenience business shall
342 result in a notice of violation from the Department of Business
343 and Professional Regulation Attorney General. Violators shall
344 have 30 days after receipt of the notice to provide proof of
345 compliance to the Department of Business and Professional
346 Regulation Attorney General's office. If the violation continues
347 after the 30-day period, the Department of Business and
348 Professional Regulation Attorney General may impose a civil fine
349 not to exceed $5,000. The Department of Business and
350 Professional Regulation Attorney General has the authority to
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351 investigate any alleged violation and may compromise any alleged
352 violation by accepting from the owner or principal operator an
353 amount not to exceed $5,000. The Department of Business and
354 Professional Regulation Attorney General may suspend the
355 imposition of any fine conditioned upon terms the Department of
356 Business and Professional Regulation Attorney General's office
357 in its discretion deems appropriate. Notices of violation and
358 civil fines shall be subject to the provisions of chapter 120.
359 (2) Moneys received by the Department of Business and
360 Professional Regulation Attorney General pursuant to this act
361 shall be deposited in the General Revenue Fund.
362 (3) The Department of Business and Professional Regulation
363 Attorney General is given full power and authority to petition
364 for an injunction when it is determined that the health, safety,
365 and public welfare is threatened by continued operation of a
366 convenience business in violation of this act. In any action for
367 injunction, the Department of Business and Professional
368 Regulation Attorney General may seek a civil penalty not to
369 exceed $5,000 per violation, plus attorney's fees and costs.
370 (4) The Department of Business and Professional Regulation
371 Attorney General may enter into agreements with local
372 governments to assist in the enforcement of ss. 812.1701-
373 812.175. Such agreements may include provision for reimbursement
374 of investigative and enforcement costs incurred by such local
375 governments.
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376 Section 24. Section 812.176, Florida Statutes, is amended
377 to read:
378 812.176 Rulemaking authority.—The Department of Business
379 and Professional Regulation may Legal Affairs shall have the
380 power to adopt rules pursuant to chapter 120 as necessary to
381 implement the provisions of the Convenience Business Security
382 Act. The security measures and training provisions of ss.
383 812.173 and 812.174 shall meet the requirements of the
384 department as set forth by rule.
385 Section 25. Section 3 of chapter 2019-127, Laws of
386 Florida, is amended to read:
387 Section 3. The amendments to ss. 893.055 and 893.0551,
388 Florida Statutes, made by this act shall stand repealed on June
389 30, 2023 June 30, 2021, unless reviewed and saved from repeal
390 through reenactment by the Legislature. If such amendments are
391 not saved from repeal, the text of ss. 893.055 and 893.0551,
392 Florida Statutes, shall revert to that in existence on June 30,
393 2019, except that any amendments to such text other than by this
394 act shall be preserved and continue to operate to the extent
395 that such amendments are not dependent upon the portions of text
396 which expire pursuant to this section.
397 Section 26. Subsection (3) of section 960.21, Florida
398 Statutes, is amended to read:
399 960.21 Crimes Compensation Trust Fund.—
400 (3) All administrative costs of this chapter and the
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401 service charge provided for in chapter 215 shall be paid out of
402 moneys collected under pursuant to this chapter and deposited in
403 the Crimes Compensation Trust Fund.
404 Section 27. This act shall take effect June 30, 2021.
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COMMERCE COMMITTEE
CS/HB 515 by Rep. Mariano
Duties of the Attorney General
AMENDMENT SUMMARY
March 9, 2021
Amendment 1 by Rep. Mariano (lines 278-384):
Revises the Convenience Business Security Act, as follows:
• Specifies that the entity responsible for overseeing and enforcing the Act is the Division
of Alcoholic Beverages and Tobacco (Division), and conforms all references.
• Revises the definition of “convenience business” to specify that the definition includes
businesses that are licensed by the Division, pursuant to:
o Chapter 210, F.S., relating to tobacco products;
o Chapter 561, F.S., relating to the beverage law;
o Chapter 562, F.S., relating to the beverage law;
o Chapter 563, F.S., relating to beer and malt beverages;
o Chapter 564, F.S., relating to wine;
o Chapter 565, F.S., relating to liquor; and
o Chapter 569, F.S., relating to tobacco products.
• Revises procedures that a convenience business must follow when a violent crime has
occurred by:
o Requiring the business to notify the Division in writing; and
o Placing a timeframe within which the written notice and the required security
measures must be implemented to be within 30 days of judicial determination
that one or more of the violent crimes occurred.
• Specifies that the Division has the authority to investigate the premises and records of
any licensee in order to determine whether the licensee is a convenience business and
subject to the provisions of the Act.
• Revises the biennial requirement that a convenience business must submit proposed
robbery deterrence safety training to the Division for approval, by requiring the Division
to establish a specific biennial submittal date by rule.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 515 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Mariano offered the following:
3
4 Amendment
5 Remove lines 278-384 and insert:
6 Section 21. Subsections (4) and (5) are added to section
7 812.171, Florida Statutes, to read:
8 812.171 Definition.—As used in this act, the term
9 “convenience business” means any place of business that is
10 primarily engaged in the retail sale of groceries, or both
11 groceries and gasoline, and that is open for business at any
12 time between the hours of 11 p.m. and 5 a.m., and is licensed by
13 the Division of Alcoholic Beverages and Tobacco of the
14 Department of Business and Professional Regulation pursuant to
15 Chapters 210, 561, 562, 563, 564, 565 or 569. The term
16 “convenience business” does not include:
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Bill No. CS/HB 515 (2021)
Amendment No. 1
17 (4) A
18
19 The term “convenience business” does not include any business in
20 which the owner or members of his or her family work between the
21 hours of 11 p.m. and 5 a.m.
22 Section 22. Subsections (3), (4), and (5) of section
23 812.173, Florida Statutes, is amended, and subsection (6) is
24 added to that section, to read:
25 812.173 Convenience business security.—
26 (3) Every convenience business shall be equipped with a
27 silent alarm to law enforcement or a private security agency,
28 unless an application for an exemption, adopted by rule by the
29 Division of Alcoholic Beverages and Tobacco, is made to and
30 granted by the Division of Alcoholic Beverages and Tobacco
31 Attorney General. An application for exemption must be in
32 writing and must be accompanied by an administrative fee of $25
33 for each store for which an exemption would apply.
34 (4) If a murder, robbery, sexual battery, aggravated
35 assault, aggravated battery, or kidnapping or false
36 imprisonment, as those crimes are identified and defined by
37 Florida Statutes, occurs or has occurred at a convenience
38 business since July 1, 1989, and arises out of the operation of
39 the convenience business, that convenience business shall notify
40 the Division of Alcoholic Beverages and Tobacco in writing and
41 shall implement at least one of the following security measures
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Amendment No. 1
42 within 30 days of a judicial determination that one or more of
43 the aforementioned identified crimes occurred at the convenience
44 business:
45 (a) Provide at least two employees on the premises at all
46 times after 11 p.m. and before 5 a.m.;
47 (b) Install for use by employees at all times after 11
48 p.m. and before 5 a.m. a secured safety enclosure of transparent
49 polycarbonate or other material that meets at least one of the
50 following minimum standards:
51 1. American Society for Testing and Materials Standard
52 D3935 (classification PC110 B 3 0800700) and that has a
53 thickness of at least 0.375 inches and has an impact strength of
54 at least 200 foot pounds; or
55 2. Underwriters Laboratory Standard UL 752 for medium
56 power small arms (level one), Bullet Resisting Equipment;
57 (c) Provide a security guard on the premises at all times
58 after 11 p.m. and before 5 a.m.;
59 (d) Lock the business premises throughout the hours of 11
60 p.m. to 5 a.m., and only transact business through an indirect
61 pass-through trough, trapdoor, or window; or
62 (e) Close the business at all times after 11 p.m. and
63 before 5 a.m.
64 (5) For purposes of this section, any convenience business
65 that by law implemented any of the security measures set forth
66 in paragraphs (4)(a)-(e) and has maintained said measures as
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Bill No. CS/HB 515 (2021)
Amendment No. 1
67 required by the Division of Alcoholic Beverages and Tobacco
68 Department of Legal Affairs without any occurrence or incidence
69 of the crimes identified by subsection (4) for a period of no
70 less than 24 months immediately preceding the filing of a notice
71 of exemption, may file with the department a notice of exemption
72 from these enhanced security measures. In no event shall this
73 exemption be interpreted to preclude full compliance with the
74 security measures set forth in subsection (4) should any
75 occurrence or incidence of the crimes identified by subsection
76 (4) cause subsection (4) to be statutorily applicable. As of
77 July 1, 2021, the Division of Alcoholic Beverages and Tobacco
78 the date this act becomes law, the Department of Legal Affairs
79 will provide notice to any convenience business to which a
80 subsection (4) incident has previously occurred between July 1,
81 2019 and July 1, 2021. In no event shall the state or the
82 Division of Alcoholic Beverages and Tobacco Department of Legal
83 Affairs incur any liability for the regulation and enforcement
84 of this act.
85 (6) The Division of Alcoholic Beverages and Tobacco has
86 the authority to investigate the premises and records of any
87 licensee in order to determine whether the licensee is a
88 convenience business and subject to the provisions of this act.
89 Section 23. Section 812.174, Florida Statutes, is amended
90 to read:
91 812.174 Training of employees.—The owner or principal
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Amendment No. 1
92 operator of a convenience business or convenience businesses
93 shall provide proper robbery deterrence and safety training by
94 an approved curriculum to its retail employees within 60 days of
95 employment. Existing retail employees shall receive training
96 within 6 months of April 8, 1992. A proposed curriculum shall be
97 submitted in writing to the Division of Alcoholic Beverages and
98 Tobacco Attorney General with an administrative fee not to
99 exceed $100. The Division of Alcoholic Beverages and Tobacco
100 Attorney General shall review and approve or disapprove the
101 curriculum in writing within 60 days after receipt. The state
102 shall have no liability for approving or disapproving a training
103 curriculum under this section. Approval shall be given to a
104 curriculum which trains and familiarizes retail employees with
105 the security principles, devices, and measures required by s.
106 812.173. Disapproval of a curriculum shall be subject to the
107 provisions of chapter 120. No person shall be liable for
108 ordinary negligence due to implementing an approved curriculum
109 if the training was actually provided. A curriculum shall be
110 submitted for reapproval biennially on or before the date
111 established by rule by the Division of Alcoholic Beverages and
112 Tobacco and shall be accompanied with an administrative fee not
113 to exceed $100. Any curriculum approved by the Attorney General
114 since September 1990 shall be subject to reapproval 2 years from
115 the anniversary of initial approval and biennially thereafter.
116 Section 24. Section 812.175, Florida Statutes, is amended
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Amendment No. 1
117 to read:
118 812.175 Enforcement; civil fine.—
119 (1) The violation of any provision of this act by any
120 owner or principal operator of a convenience business shall
121 result in a notice of violation from the Division of Alcoholic
122 Beverages and Tobacco Attorney General. Violators shall have 30
123 days after receipt of the notice to provide proof of compliance
124 to the Division of Alcoholic Beverages and Tobacco Attorney
125 General's office. If the violation continues after the 30-day
126 period, the Division of Alcoholic Beverages and Tobacco Attorney
127 General may impose a civil fine not to exceed $5,000. The
128 Division of Alcoholic Beverages and Tobacco Attorney General has
129 the authority to investigate any alleged violation and may
130 compromise any alleged violation by accepting from the owner or
131 principal operator an amount not to exceed $5,000. The Division
132 of Alcoholic Beverages and Tobacco Attorney General may suspend
133 the imposition of any fine conditioned upon terms the Division
134 of Alcoholic Beverages and Tobacco Attorney General's office in
135 its discretion deems appropriate. Notices of violation and civil
136 fines shall be subject to the provisions of chapter 120.
137 (2) Moneys received by the Division of Alcoholic Beverages
138 and Tobacco Attorney General pursuant to this act shall be
139 deposited in the General Revenue Fund.
140 (3) The Division of Alcoholic Beverages and Tobacco
141 Attorney General is given full power and authority to petition
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Amendment No. 1
142 for an injunction when it is determined that the health, safety,
143 and public welfare is threatened by continued operation of a
144 convenience business in violation of this act. In any action for
145 injunction, the Division of Alcoholic Beverages and Tobacco
146 Attorney General may seek a civil penalty not to exceed $5,000
147 per violation, plus attorney's fees and costs.
148 (4) The Division of Alcoholic Beverages and Tobacco
149 Attorney General may enter into agreements with local
150 governments to assist in the enforcement of ss. 812.1701-
151 812.175. Such agreements may include provision for reimbursement
152 of investigative and enforcement costs incurred by such local
153 governments.
154 Section 25. Section 812.176, Florida Statutes, is amended
155 to read:
156 812.176 Rulemaking authority.—The Division of Alcoholic
157 Beverages and Tobacco Department of Legal Affairs shall have the
158 power to adopt rules pursuant to chapter 120 as necessary to
159 implement the provisions of the Convenience Business Security
160 Act. The security measures and training provisions of ss.
161 812.173 and 812.174 shall meet the requirements of the
162 department as set forth by rule.
163
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CS/HB 663
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 663 Cottage Food Operations
SPONSOR(S): Regulatory Reform Subcommittee, Salzman
TIED BILLS: IDEN./SIM. BILLS: SB 1294
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 15 Y, 2 N, As CS Thompson Anstead
2) Commerce Committee Thompson Hamon
SUMMARY ANALYSIS
Cottage foods are certain food products which have been determined by the Department of Agriculture and
Consumer Services (DACS) to be safe for production at a person’s residence. Examples of permissible cottage
foods are breads, honey, cakes, and popcorn. Food products containing meats and fresh fruits and vegetables
or those that require temperature control are generally prohibited cottage foods.
Current law allows a cottage food operation to sell cottage foods without conforming to state food and building
permitting requirements if the annual gross sales of such products do not exceed $50,000. Certain local, state
and federal operating standards must be followed, including those governing methods of sale, delivery,
labeling, and storage.
DACS is authorized to investigate complaints regarding food safety violations involving cottage foods.
The “Home Sweet Home Act”:
Allows the sale and delivery of cottage food products by United States Postal Service or commercial
mail delivery service.
Increases the gross annual sales threshold from $50,000 to $250,000.
Revises the definition of a “cottage food operation” to clarify that an operator is allowed to have
business partners.
Preempts the regulation of cottage food operations to the state, and prohibits local laws, ordinances, or
regulations that prohibit a cottage food operation or regulate the preparation, processing, storage or
sale of cottage food products.
The bill may have a positive fiscal impact on the private sector.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0663b.COM
DATE: 3/5/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Cottage Foods
The Department of Agriculture and Consumer Services (DACS) is responsible for the administration
and enforcement of the Florida Food Safety Act.1 The act is intended to:
Safeguard the public health and promote the public welfare by protecting the consuming public
from injury from intrastate commerce in food.
Provide legislation conforming with the Federal Food, Drug, and Cosmetic Act, the Agriculture
Marketing Act of 1946, and Federal Trade Commission Act, to the extent that it expressly
prohibits the false advertisement of food; and
Promote uniformity of state and federal laws and their administration and enforcement
throughout the United States (U.S.) and in the states.2
State and local governments have primary authority over food production. Therefore, states, and not
the federal government, have the ability to decide whether or not in-home food productions are allowed
in that state and what foods qualify for such in-home production.3 The act allows such operations under
certain circumstances.4
Current law defines “cottage food products” (cottage foods), as not a potentially hazardous food as
defined by DACS rule, and which are sold in accordance with cottage food operating requirements.5
Like many other states, DACS adopts the U.S. Food & Drug Administration (FDA) food code.6 The food
code/DACS rule defines “Potentially Hazardous Food/Time/Temperature Control for Safety Food”
(PHF/TCS) as food that requires time/temperature control for safety (TCS) to limit pathogenic
microorganism growth or toxin formation.7
Although DACS has not adopted a rule on cottage food operations, DACS has published guidance
defining foods that are, and those that are not, considered cottage food products. These examples
include the following:8
Permitted Cottage Foods:
Loaf breads, rolls, and biscuits;
Cakes, pastries, and cookies;
Candies and confections;
Honey;
Jams, jellies, and preserves;
Fruit pies and dried fruits;
Dry herbs, seasonings, and mixtures;
Homemade pasta;
1
See ch. 500, F.S.
2
S. 500.02, F.S.
3
Christina Rice, Emily Broad Leib, Cottage Food Laws in the United States, Harvard Law School Food Law and
Policy Clinic (FLPC) (August 2018), https://www.chlpi.org/wp-content/uploads/2013/12/FLPC_Cottage-Foods-Report_August-
2018.pdf (last visited Feb. 19, 2021).
4
S. 500.80, F.S.
5
S. 500.03(1)(k), F.S.
6
U.S. Food & Drug Administration, 2017 Food Code, https://www.fda.gov/media/110822/download (last visited Feb. 21, 2021).
7
R. 5K-4.0010(9), F.A.C.
8
DACS Division of Food Safety, Cottage Food Operations, https://www.fdacs.gov/Business-Services/Food/Food-
Establishments/Cottage-Foods (last visited Feb. 19, 2021). The United States Food and Drug Administration (FDA) model food code
includes a definition for such foods; DACS formed a definition that is similar. FDA Food Code §1-201.10 (2017).
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Cereals, trail mixes, and granola;
Coated or uncoated nuts;
Vinegar and flavored vinegars; and
Popcorn and popcorn balls.
Prohibited Cottage Foods:
Fresh or dried meat or meat products including jerky;
Canned fruits and vegetables, chutneys, vegetable butters and jellies, flavored oils, hummus,
garlic dip, salsas, etc.;
Fish or shellfish products;
Canned pickled products such as corn relish, pickles, and sauerkraut;
Raw seed sprouts;
Bakery goods which require any type of refrigeration, such as cream, custard, or meringue pies
and cakes or pastries with cream cheese icings or fillings;
Milk and dairy products including hard, soft, and cottage cheeses and yogurt;
Cut fresh fruits and/or vegetables;
Juices made from fresh fruits or vegetables;
Ice and/or ice products;
Barbeque sauces, ketchups, and/or mustards; and
Focaccia-style breads with vegetables and/or cheeses.
Cottage Food Operating Requirements
In Florida, a “cottage food operation” is defined as a natural person who produces or packages cottage
foods at his or her residence and is exempt from food and building permitting requirements9 if he or she
sells such products in accordance with the cottage food operating requirements.10
A cottage food operation must comply with the following requirements in order to operate:
• Sales Limit: Annual gross sales of cottage foods may not exceed $50,000;11
• Internet Sales: In order to sell, offer for sale, and accept payment for cottage food products over
the Internet, such products must be delivered in person directly to the consumer or to a specific
event venue.
• Delivery: A cottage food operation is prohibited from offering for sale or delivering cottage food
products by mail order.
• Wholesale Sales: A cottage food operation is prohibited from offering cottage food products at
wholesale.
• Labeling: Cottage foods must be sold prepackaged with a label affixed containing the following
information:
o Name and address of the cottage food operation;
o Name of the cottage food;
o Ingredients of the cottage food, in descending order of predominance by weight;
o Net weight or net volume of the cottage food;
o Allergen information as specified by federal labeling requirements;
o If any nutritional claim is made, appropriate nutritional information as specified by federal
labeling requirements; and
o A statement printed in at least 10-point font and in a color that provides clear contrast to
the background of the label which reads “Made in a cottage food operation that is not
subject to Florida’s food safety regulations;”12
• Storage: Only cottage foods that are stored on the premises of the cottage food operation may
be sold;
9
See s. 500.12, F.S.
10
S. 500.03(1)(j), F.S.
11
S. 500.80(1)(b), F.S. This includes all sales of products from any location, regardless of the types of products sold or number of
persons involved in any operation. Documentation of sales must be available to DACS for verification.
12
Cottage food products must be labeled in accordance with the requirements as outlined in s. 500.80(3), F.S., and U.S. Code of
Federal Regulations Title 21, Part 101.
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• State and Federal: A cottage food operation must comply with applicable state or federal tax
laws, rules, regulations, or certificates;
• Local Government: A cottage food operation must comply with applicable county and municipal
laws and ordinances regulating the preparation, processing, storage, and sale of cottage foods
by a cottage food operation or from a person’s residence.13
Some local governments throughout the state place additional requirements on cottage food
operations. For example, many counties and cities require a cottage food operation, like any other
business endeavor, to obtain a business tax receipt14 prior to commencing his or her production.15
Enforcement
DACS may enter and inspect the premises of a cottage food operation to determine compliance with
the cottage food operations requirements only upon receipt of a complaint, which alleges that a cottage
food operation has violated any of the cottage food operating requirements. If a cottage food operation
refuses to permit DACS to enter the premises or to conduct the inspection, he or she is subject to
disciplinary action.16
Recent Trends
Sales Limits
A study conducted by the Harvard Law School Food Law and Policy Clinic provides the following data
regarding annual gross sales limits for cottage food operations in other states:
Sales limits differ among the states, ranging from $10,000 to no limit at all.
About half of the states place a limitation on the amount of income a cottage food operation can
earn in a year.
In those states, once a cottage food operation exceeds the cap, typical food establishment
requirements and permitting rules kick in.
South Carolina only allows $15,000 in annual gross sales.
Other states like Texas limit the sale of cottage foods to $50,000 per year.
More than half of states, including Georgia, Massachusetts, New York, North Carolina, and
Tennessee, do not place a sales limit on cottage food operations or have no limit on at least
some types of cottage food operations.17
According to the study, sales limits “limit the scale of operations that are allowed to sell without full food
safety precautions in place… sales limits also prevent cottage food operators from scaling up and
generating a livable income from their business.”18
According to an Institute for Justice article on cottage food laws, “the national trend line is moving
toward more food freedom. More laws pass every year, expanding the right to sell homemade food.”19
13
S. 500.80(1)-(6), F.S.
14
Chapter 205, F.S., allows counties and cities to impose taxes for the privilege of engaging in or managing any business, occupation,
or profession within its jurisdiction. This tax is administered through the issuance of a local business tax receipt. In order to impose
this tax, the local government entity must adopt an ordinance, which outlines the amount of the tax, method of computation, and other
requirements.
15
Examples include City of Miramar and St. John’s County. City of Miramar, Business Tax (Occupational Licenses),
http://www.miramarfl.gov/201/Business-Tax-Occupational-Licenses (last visited Feb. 19, 2021); and County of St. John’s Tax
Collector, Business Tax FAQs, http://www.sjctax.us/BusinessTaxFAQ.aspx (last visited Feb. 19, 2021).
16
S. 500.08(7)(a)-(b), F.S.
17
Christina Rice, Emily Broad Leib, Cottage Food Laws in the United States, Harvard Law School Food Law and
Policy Clinic (FLPC) (August 2018), https://www.chlpi.org/wp-content/uploads/2013/12/FLPC_Cottage-Foods-Report_August-
2018.pdf (last visited Feb. 19, 2021).
18
Rice, Leib, Supra note 17, at 14.
19
Institute for Justice, Defending Your Right to Sell Homemade Food, https://ij.org/issues/economic-liberty/homemade-food-seller/
(last visited Feb. 22, 2021).
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Florida’s gross annual sales limit is $50,000.20 It was raised from $15,000 to $50,000 in 2017.21
Business Partnerships
According to the Internal Revenue Service (IRS) Partnerships webpage, “a partnership is the
relationship between two or more people to do trade or business. Each person contributes money,
property, labor or skill, and shares in the profits and losses of the business.”22
Florida partnership law is governed by ch. 620, F.S. The law sets forth requirements for anyone
wanting to establish a new partnership in the state of Florida. Under these rules are specific
requirements regarding all types of partnerships, including the following:
Limited partnerships;
General partnerships;
Limited Liability partnerships; and
Foreign limited partnerships.
All partnerships must be registered with the Florida Department of State and follow all requirements
found within ch. 620, F.S., which include the creation of the business, the paperwork and fees
associated with creation, and the ongoing upkeep and maintenance of such partnerships.23
According to an American Express online article on advantages and disadvantages of business
partnerships, for those considering a business partnership as a way to grow a company, a partnership
can offer the following benefits:
Bridging the Gap in Expertise and Knowledge: access to a wider range of expertise, additional
knowledge and experience, and complementary skills.
More Cash: infusion of cash into the business, more strategic connections, and enhanced
borrowing ability to finance growth.
Cost Savings: shared financial burden for expenses and capital expenditures needed to run the
business, and more substantial savings.
Better Work/Life Balance: shared labor, lightened workload, allowing time off when needed,
knowing that there's a trusted person in charge, and positive impact on personal life.
Moral Support: ability to brainstorm or debrief on important issues, support when setbacks are
encountered, and help coping with everyday frustrations.
Potential Tax Benefits: does not pay income tax, instead, "passes through" profits or losses to
its partners. Each partner reports their share of the partnership's income or loss on their
personal tax return. This may allow partners to deduct any business losses from their individual
tax return.24
Some disadvantages include liabilities, loss of autonomy, personal conflicts, future selling issues, and
lack of stability. However, in analyzing advantages and disadvantages of a partnership, the advantages
may outweigh the disadvantages, and some of the disadvantages of a partnership may be overcome
with due diligence.25
Current law does not appear to specifically allow cottage food operators to participate in partnerships.
The law defines a “cottage food operation” as a natural person who produces or packages cottage food
products at his or her residence and sells such products in accordance with s. 500.80, F.S.26 The
20
S. 500.80(1)(a), F.S.
21
Ch. 2017-32, Laws of Fla.
22
Internal Revenue Service, Tax Information for Partnerships, https://www.irs.gov/businesses/partnerships (last visited Feb. 22,
2021).
23
Ch. 620, F.S.
24
American Express Trends and Insights, What Are the Advantages and Disadvantages of a Partnership?,
https://www.americanexpress.com/en-us/business/trends-and-insights/articles/what-are-the-advantages-and-disadvantages-of-a-
partnership/ (last visited Feb. 22, 2021).
25
American Express, supra note 23.
26
S. 500.03(1)(j), F.S.
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definition appears to limit the operation to one person.27 In addition, DACS guidance on cottage food
operations provides that a cottage food operation must be a single-family domestic residence in order
to qualify as a cottage food business.28
Mail Orders
There are many laws that provide the basic framework for ensuring safety of foods in the U.S.,
including mail order foods. These laws include, but are not limited to, the Food Drug and Cosmetic Act
(FDCA),29 the Federal Meat Inspection Act (FMIA),30 and the Poultry Products Inspection Act (PPIA).31
These laws prohibit the sale or distribution of adulterated foods. Foods can be deemed adulterated for
many reasons including if it has been prepared, packed, or held under insanitary conditions whereby it
may have become contaminated with filth, or whereby it may have been rendered injurious to health.
The FMIA specifically prohibits adulteration during transportation, where adulteration means any act
while being transported in commerce or held for sale after such transportation, which is intended to
cause or has the effect of causing such articles to be adulterated or misbranded.32
The U.S. Postal Service (USPS) classifies most nonperishable food items as mailable domestically if
properly packaged. The USPS defines “Perishable Matter” as anything that can deteriorate in the mail
and thereby lose value, create a health hazard, or cause an obnoxious odor, nuisance, or disturbance,
under ordinary mailing conditions. USPS allows mailable Perishable Matter to be sent at the mailer’s
own risk when it is packaged as required and when it can be delivered within appropriate and
reasonable time limits to prevent deterioration. USPS provides guidelines for shipping perishable
matter, including specific instructions and listings for hazardous materials, restricted matter, perishable
matter, international mail, and air transportation requirements.33
According to the National Mail Order Association (NMOA), “Mail Order Selling” and “Direct Marketing”
are terms that encompass many different methods and mediums of soliciting and/or selling products or
services at a distance where the potential customer is not physically present at a store or other location
to see the product or to place an order.34
Twenty eight states allow cottage food businesses to sell online to buyers within state limits, 18 states
allow sales through retail outlets, and several states allow delivery by mail order.35 In New Hampshire,
“homestead food operations” (cottage food operators) can sell to “restaurants or other retail food
establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors
who will resell the product,” if they obtain a Homestead License.36
In Florida, sales by cottage food operations must be person-to-person, which means from the producer
to the actual consumer. Cottage food products must be delivered and distributed directly to the
27
Email from Carlos Nathan, Deputy Legislative Affairs Director, DACS, RE: Cottage Foods, (Dec. 18, 2021). According to DACS,
the “definition itself seems to imply that a ‘cottage food operation’ is a single, natural person rather than a business entity that multiple
people can own.”
28
DACS Division of Food Safety, Cottage Food Operations, https://www.fdacs.gov/Business-Services/Food/Food-
Establishments/Cottage-Foods (last visited Feb. 19, 2021).
29
21 U.S.C. ch. 9.
30
21 U.S.C. ch. 12.
31
21 U.S.C. ch. 10.
32
21 U.S.C. § 610(d).
33
U.S. Postal Service, Publication 52, Hazardous, Restricted, and Perishable Mail, https://pe.usps.com/text/pub52/welcome.htm (last
visited Feb. 21, 2021).
34
The National Mail Order Association, About the NMOA, http://www.nmoa.org/Membership/membinf.htm (last visited Feb. 22,
2021).
35
Rice, Leib, supra note 17, at 26-59.
36
Rice, Leib, supra note 17, at 11.
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consumer or the consumer’s private event venue by the cottage food operator.37 A cottage food
operation is prohibited from selling, offering for sale, or delivering cottage food products by mail order.38
Local Regulations
Cottage food operations in Florida are required to comply with all applicable county and municipal laws
and ordinances regulating the preparation, processing, storage, and sale of cottage food products.39
Local governments throughout the state have created regulations for cottage food operations. Several
of these regulate cottage food operations via home occupation ordinances. For example, the City of
Orlando prohibits home occupations from “food processing and handling,”40 which appears to prohibit
cottage food operations.
Other local governments restrict the amount of space in the home that can be used for a cottage food
business. Suwannee County prohibits the use of more than twenty percent of the first floor area of the
residence.41 The City of Jacksonville prohibits the use of more than 250 square feet or ten percent of
the gross floor area of the dwelling unit.42 According to the Miami-Dade County home occupation
webpage, it restricts the use of a cottage food operation to the kitchen area only.43
Other local ordinances prohibit the sale of cottage food products from the residence directly to
consumers. Miami-Dade County prohibits sales of products or goods on premises.44 The City of
Jacksonville also prohibits retail sales on the premises of a home occupation.45 These ordinances
appear to conflict with state guidance and regulations that indicate cottage food operators are allowed
to sell cottage food products from their residence directly to the consumer.46
Effect of the Bill
The bill allows for the sale and delivery of cottage food products by United States Postal Service or
commercial mail delivery service.
The bill increases the maximum annual gross sales threshold from $50,000 to $250,000.
The bill revises the definition of “cottage food operation” to allow a person or an entity to have an
ownership interest in a cottage food operation, clarifying that an operator is allowed to have business
partners.
The bill preempts the regulation of cottage food operations to the state, and prohibits local laws,
ordinances, or regulations that prohibit a cottage food operation or regulate the preparation,
processing, storage or sale of cottage food products.
B. SECTION DIRECTORY:
37
DACS Division of Food Safety, Cottage Food Operations, https://www.fdacs.gov/Business-Services/Food/Food-
Establishments/Cottage-Foods (last visited Feb. 19, 2021).
38
S. 500.80(2), F.S.
39
S. 500.80(1)-(6), F.S.
40
Sec. 58.939., City of Orlando City Code.
41
S. 4.19.31(5.), Suwannee County Land Development Regulations.
42
City of Jacksonville Municipal Code § 656.401(n)(1)(ix).
43
Miami-Dade County, Regulatory & Economic Resources, Home Occupation, https://www.miamidade.gov/zoning/district-home-
office.asp#:~:text=Cottage%20food%20operation%20must%20be,square%20feet%20of%20the%20home (last visited Feb. 21, 2021).
44
Sec. 33-25.1.(A)7., Miami-Dade County Code of Ordinances.
45
S. 656.401(n)(1)(iv), City of Jacksonville Municipal Code.
46
DACS Division of Food Safety, Cottage Food Operations, https://www.fdacs.gov/Business-Services/Food/Food-
Establishments/Cottage-Foods (last visited Feb. 19, 2021).
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Section 1: Provides a short title the “Home Sweet Home Act.”
Section 2: Amends s. 500.03, F.S., revising the definition of “cottage food operation.”
Section 3: Amends s. 500.80, F.S., revising cottage food operating requirements.
Section 4: Provides an effective date.
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:
The bill may have an insignificant impact on local governments.
2. Expenditures:
To the extent that local governments are incurring regulatory costs under current law, the bill should
eliminate those costs through the preemption of local regulations.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will allow for the expansion and growth of locally produced food sales, and provide a more
predictable and uniform regulatory framework for cottage food operations in Florida. The bill will also
allow more people to work from home in their chosen profession.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities have to raise
revenue in the aggregate, nor reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
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None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 2, 2021, the Regulatory Reform Subcommittee adopted one amendment and reported the bill
favorably as a committee substitute. The committee substitute:
Revises the authority for cottage food operators to deliver products by “mail” to instead specify
delivery by “United States Postal Service or commercial mail delivery service.”
Makes a grammatical change to the provision in current law delineating the individual types of
preempted local laws.
This analysis is drafted to the committee substitute as passed by the Regulatory Reform Subcommittee.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 663 2021
1 A bill to be entitled
2 An act relating to cottage food operations; providing
3 a short title; amending s. 500.03, F.S.; revising the
4 definition of "cottage food operation"; amending s.
5 500.80, F.S.; increasing the annual gross sales
6 limitation for exempting cottage food operations from
7 certain food and building permitting requirements;
8 authorizing the sale, offer for sale, and delivery of
9 cottage food products by mail; preempting the
10 regulation of cottage food operations to the state;
11 prohibiting local governments from prohibiting or
12 regulating cottage food operations; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. This act may be cited as the "Home Sweet Home
18 Act."
19 Section 2. Paragraph (j) of subsection (1) of section
20 500.03, Florida Statutes, is amended to read:
21 500.03 Definitions; construction; applicability.—
22 (1) For the purpose of this chapter, the term:
23 (j) "Cottage food operation" means a natural person or an
24 entity that who produces or packages cottage food products at
25 the his or her residence of the natural person or at the
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26 residence of a natural person who has an ownership interest in
27 the entity, and sells such products in accordance with s.
28 500.80.
29 Section 3. Paragraph (a) of subsection (1) and subsections
30 (2) and (6) of section 500.80, Florida Statutes, are amended to
31 read:
32 500.80 Cottage food operations.—
33 (1)(a) A cottage food operation must comply with the
34 applicable requirements of this chapter but is exempt from the
35 permitting requirements of s. 500.12 if the cottage food
36 operation complies with this section and has annual gross sales
37 of cottage food products that do not exceed $250,000 $50,000.
38 (2) A cottage food operation may sell, offer for sale, and
39 accept payment for cottage food products over the Internet or by
40 mail order. Such, but such products may must be delivered in
41 person directly to the consumer, or to a specific event venue,
42 or by United States Postal Service or commercial mail delivery
43 service. A cottage food operation may not sell, offer for sale,
44 or deliver cottage food products by mail order or at wholesale.
45 (6) The regulation of cottage food operations is preempted
46 to the state. A local law, ordinance, or regulation may not
47 prohibit a cottage food operation or regulate must comply with
48 all applicable county and municipal laws and ordinances
49 regulating the preparation, processing, storage, or and sale of
50 cottage food products by a cottage food operation or from a
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51 person's residence.
52 Section 4. This act shall take effect July 1, 2021.
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