Meeting Packet - Commerce Committee (April 14, 2021)

Summary

Meeting packet of the Commerce Committee for Wednesday, April 14, 2021, 9:00 AM to 1:00 PM. The agenda lists bills for consideration including CS/HB 139 (Motor Vehicle and Vessel Registration Data) and CS/CS/HB 969 (Consumer Data Privacy), along with proposed committee bills PCB COM 21-03 (Gaming Enforcement), PCB COM 21-04 and PCB COM 21-05. The staff analysis of CS/HB 139 states the bill requires each third party that has contracted with a tax collector and has online computer access to DHSMV's system to enter into a memorandum of understanding with DHSMV. The packet ends with Amendment No. 5 to PCB COM 21-05, which concerns a caterer's license at a pari-mutuel facility.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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Commerce Committee
Wednesday, April 14, 2021
9:00 AM – 1:00 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

Wednesday, April 14, 2021
9:00 AM – 1:00 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 139 Motor Vehicle and Vessel Registration Data by Tourism,
Infrastructure & Energy Subcommittee, Fernandez-Barquin

• CS/HB 401 Florida Building Code by Regulatory Reform Subcommittee,
Fetterhoff, Overdorf

• CS/HB 491 Florida Real Estate Appraisal Board by Regulatory Reform
Subcommittee, Melo

• CS/HB 585 Payment for Construction Services by Regulatory Reform
Subcommittee, DiCeglie

• CS/CS/HB 667 Building Inspections by Local Administration & Veterans Affairs
Subcommittee, Regulatory Reform Subcommittee, Mooney

• CS/CS/HB 839 Express Preemption of Fuel Retailers and Related Transportation
Infrastructure by Local Administration & Veterans Affairs Subcommittee,
Tourism, Infrastructure & Energy Subcommittee, Fabricio

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
• CS/HB 917 Documentary Stamp Tax Exemption by Insurance & Banking
Subcommittee, McClain

• CS/HB 919 Preemption Over Restriction of Utility Services by Tourism,
Infrastructure & Energy Subcommittee, Tomkow

• CS/CS/HB 969 Consumer Data Privacy by Civil Justice & Property Rights
Subcommittee, Regulatory Reform Subcommittee, McFarland

• CS/HB 971 Pub. Rec./Consumer Data Privacy by Government Operations
Subcommittee, McFarland

• HB 1113 Traffic and Pedestrian Safety by Fine

• CS/CS/HB 1209 Department of Financial Services by State Administration &
Technology Appropriations Subcommittee, Insurance & Banking Subcommittee,
Fetterhoff

• CS/HB 1289 Autonomous Vehicles by Tourism, Infrastructure & Energy
Subcommittee, McFarland

• HB 1313 Digital Driver Licenses and Identification Cards by LaMarca

• CS/HB 1315 Pub. Rec./Department of Highway Safety and Motor Vehicles by
Government Operations Subcommittee, LaMarca

• CS/HB 1329 Transportation Facility Designations Honoring Fallen Law
Enforcement Officers by Tourism, Infrastructure & Energy Subcommittee,
Latvala

• HB 1385 Department of Transportation by LaMarca

• CS/HB 1463 Department of Economic Opportunity by Tourism, Infrastructure &
Energy Subcommittee, LaMarca

• CS/CS/HB 1517 Department of Business and Professional Regulation by State
Administration & Technology Appropriations Subcommittee, Regulatory Reform
Subcommittee, Duggan

• CS/HB 1629 Transportation Facility Designations by Tourism, Infrastructure &
Energy Subcommittee, Williamson
Consideration of the following proposed committee substitute(s):

• PCS for HB 991 -- Petroleum Fuel Measuring Devices

• PCS for HB 1311 -- Public Records and Public Meetings/Public Service
Commission

Consideration of the following proposed committee bill(s):

• PCB COM 21-03 -- Gaming Enforcement

• PCB COM 21-04 -- Public Records and Public Meetings Exemptions/Florida
Gaming Control Commission

• PCB COM 21-05 -- Requirements for Pari-mutuel Permitholders to Conduct
Racing or Games

V. Closing Remarks

VI. Adjournment
CS/HB 139
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 139 Motor Vehicle and Vessel Registration Data
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, Fernandez-Barquin
TIED BILLS: IDEN./SIM. BILLS: CS/SB 754

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N, As CS Johnson Keating

2) Infrastructure & Tourism Appropriations 13 Y, 0 N Hicks Davis
Subcommittee

3) Commerce Committee Johnson Hamon

SUMMARY ANALYSIS
County tax collectors, as authorized agents of the Department of Highway Safety and Motor Vehicles
(DHSMV), issue motor vehicle and vessel registration certificates, motor vehicle registration license plates and
validation stickers, and vessel numbers and decals to applicants.

The bill requires each third party that has contracted with a tax collector and has online computer access to
DHSMV’s system to enter into a memorandum of understanding with DHSMV.

The bill requires DHSMV to administer funds collected through an existing fee assessed on motor vehicle and
vessel registrations in a manner that ensures that all ancillary technology and other tax collection systems
used by tax collectors protect customer privacy and data.

The bill authorizes DHSMV, upon a tax collector’s request, to provide ancillary technology to integrate other tax
collection systems used by tax collectors in order to provide tax collectors with uniform interface functionalities
for registration renewal transactions performed at a tax collector’s office or online via a tax collector’s website
and provides certain technological requirements. Such data and functionality may only be used for specified
purposes.

The bill will have an indeterminate negative, but likely insignificant, fiscal impact to state government
expenditures, but does not appear to impact state government revenues. The bill does not appear to impact
local government revenues or expenditures. See Fiscal Analysis section for details.

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:
Current Situation

Tax Collectors
County tax collectors are authorized agents of the Department of Highway Safety and Motor Vehicles
(DHSMV) that issue motor vehicle and vessel registration certificates, motor vehicle registration license
plates and validation stickers, mobile home stickers, and vessel numbers and decals to applicants.1
The law specifies the service fees tax collectors are authorized to collect in exchange for providing
these registration services.2 Each tax collector must keep a full and complete record and account of all
validation stickers, mobile home stickers, vessel decals, or other properties received by him or her from
DHSMV.3

Currently, 65 counties have elected tax collectors who are constitutional officers. Broward and Miami-
Dade Counties have appointed tax collectors under each county’s charter government.4 Sixteen
counties have, or have until recently had, contracts with privately operated license plate agents (LPAs)
to perform registration services for motor vehicles, mobile homes, trailers, and vessels.5

Many tax collectors hire vendors to assist with mailing, cashiering, deploying kiosks, providing online
services, and performing other duties. When requested by a tax collector, DSHMV routinely provides
access to data, both in real-time and through batch processes, to the tax collector’s vendors for the
purpose of providing support to the requesting tax collector. Some of the data provided contains
personal information6 which is confidential pursuant to the federal Driver's Privacy Protection Act
(DPPA) of 1994.7 Such information may be released only as authorized by the DPPA.

To ensure compliance with DPPA, DSHMV practices data minimization, so that personal information
from driver license records is provided to agents and vendors only when it is directly related to a
specified task deemed necessary by DSHMV or the Legislature. Once the specified purpose has been
completed, this practice requires that shared data be securely destroyed or otherwise rendered
unreadable. Data minimization also decreases risks of data loss and breaches.8

DHSMV Information Systems
DHSMV’s Florida Real Time Vehicle Information System (FRVIS) is the database application used to
title and register all motor vehicles, mobile homes, trailers, and vessels in Florida. It provides real-time
access to extensive transactional information9 on every motor vehicle, mobile home, trailer, and vessel
titled or registered in the state to include owner residential and electronic mail addresses.10

Florida law11 requires that FRVIS be installed in every tax collector’s and LPA’s office according to a
schedule established by DHSMV in consultation with the tax collectors and contingent upon funds
being made available for the system. DSHMV administers FRVIS in consultation with the Florida Tax
Collectors, Inc., to ensure that each county tax collector’s office is technologically equipped and
functional for the operation of FRVIS. Only DHSMV, tax collectors, and LPAs have access to FRVIS.

1
Ss. 320.03(1) and 328.73(1), F.S.
2
See s. 320.04.
3
Ss. 320.03(3) and 328.73(2), F.S.
4
Pursuant to s. 1(d), Art. VIII of the State Constitution, Broward and Miami Dade counties will have elected tax collectors effective
January 7, 2025.
5
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.3.
6
See 18 U.S.C. s. 2725
7
See 18 U.S.C. ss. 2721 et seq.
8
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.3.
9
Transactional information refers to information used, accessed, or collected for purpose of a customer transaction.
10
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.3.
11
S. 320.03(4)(b), F.S.
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This access is governed by individual memoranda of understanding (MOUs) between DSHMV and
each tax collector and, if a tax collector has an LPA, by an additional MOU between DHSMV, each
such tax collector, and the LPA contracted with the tax collector. Sections 320.03(5) and 328.73(3),
F.S., impose a 50 cent fee on each motor vehicle, mobile home, and vessel registration to cover the
operation of FRVIS. That fee is deposited into the Highway Safety Operating Trust Fund.12

Access to DSHMV systems and data is governed by various MOUs between DHSMV, tax collectors,
and other third-party entities. The MOUs document how the data will be used and protected, ensuring
compliance with various state and federal laws, including the Driver Privacy Protection Act (DPPA).13

Any tax collector or LPA opening a new office or expanding existing offices initially purchases the
equipment needed for title and registration services. DHSMV periodically refreshes outdated equipment
and pays the cost of the new equipment14 for both tax collector’s and LPA’s offices. LPAs reimburse
DSHMV for recurring costs, such as internet access, for each location, unless the LPA office is
collocated with a tax collector‘s office and the costs are shared.

Motorist Modernization
Phase II of DHSMV’s Motorist Modernization program will redevelop all systems and processes
supporting motor vehicle, mobile home, trailer, and vessel titling and registration. Phase II will be
implemented in two separate releases. The program will first focus on replacing the legacy FRVIS
system with the new “ORION” system for field-office issuances. The program will next focus on
replacing FRVIS functions performed by administrative staff and adding additional motor vehicle
functionality to MyDMVPortal. Phase II is expected to be completed in late 2023 or early 2024.15

Effect of the Bill

The bill requires each third party that has contracted with a tax collector and has online computer
access to DHSMV’s system to enter into a memorandum of understanding with DHSMV.

The bill requires DHSMV to administer funds collected through an existing fee assessed on motor
vehicle and vessel registrations in a manner that ensures that all ancillary technology and other tax
collection systems used by tax collectors protect customer privacy and data.

With respect to motor vehicle and vessel registrations, the bill authorizes DHSMV, upon a tax
collector’s request, to provide ancillary technology to integrate other tax collection systems used by tax
collectors in order to provide tax collectors with data access and uniform interface functionalities for
registration renewal transactions performed at a tax collector’s office or online via a tax collector’s
website.

The bill also provides that DHSMV must prescribe the best manner of delivering the data access and
uniform interface functionalities to tax collectors for the purpose of processing registration renewal
transactions and must provide the ability to record and process renewal transactions16 in the state
system in real time and bulk data reporting for vehicle registrations, including each applicants e-mail
address.17

Such data and functionality may be used only for purposes of fulfilling the tax collector’s statutory duties
pursuant to chapter 319, F.S., (motor vehicle titling); chapter 320, F.S., (motor vehicle registrations);
chapter 322, F.S., (driver licenses); and chapter 328, F.S., (vessel registration and titling) and may not

12
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.3.
13
Id. at 4.
14
This is contingent on appropriated funds.
15
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.4.
16
The bill defines the term “registration renewal transactions” as the issuance of motor vehicle, mobile home, and trailer registration
certificates, registration license plates, motor vehicle registration validation stickers, vessel registration certificates, vessel numbers
and vessel decals.
17
E-mail addresses are collected pursuant to ss. 320.95 and 328.30, F.S.
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be resold or used for any other purpose. This data access and functionality must be developed no later
than July 1, 2023.

The bill has an effective date of July 1, 2021.

B. SECTION DIRECTORY:
Section 1 Amends s. 320.03, F.S., relating to the registration duties of tax collectors.

Section 2 Amends s. 328.73, F.S., relating to the registration duties of tax collectors.

Section 3 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:
DHSMV is responsible for refreshing outdated technology equipment for both tax collector and LPA
offices providing motor vehicle and vessel registrations. According to DHSMV, there will be
programming costs associated with connecting ancillary technology and other tax collection
systems used by tax collectors with FRVIS for purposes of fulfilling tax collectors’ statutory duties.
This cost is indeterminate, but likely insignificant, because it is unknown how many connectivity
requests would be received from tax collectors.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may facilitate additional contracts between the county tax collectors and vendors providing
technology services to tax collectors.

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 expenditure of funds; reduce the authority of counties or municipalities to raise
revenues in the aggregate; or reduce the percentage sales tax shared with counties or
municipalities.

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2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide a grant of rulemaking, nor does it require rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 22, 2021, the Tourism, Infrastructure & Energy Subcommittee adopted a proposed committee
substitute and reported the bill favorably as a committee substitute. From the original bill, the committee
stubstitute removed all provisions relating to motor vehicle titling, provisions regarding electronic
signatures, and provisions authorizing tax collectors to collect e-mail address.

This analysis is drafted to the committee substitute as approved by the Tourism, Infrastructure & Energy
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 139 2021

1 A bill to be entitled
2 An act relating to motor vehicle and vessel
3 registration data; amending s. 320.03, F.S.; requiring
4 tax collectors, third parties contracted with tax
5 collectors, and license tag agents to enter into a
6 memorandum of understanding with the Department of
7 Highway Safety and Motor Vehicles and make certain
8 determinations regarding registration applicants;
9 requiring the department to ensure that certain
10 technology used by tax collectors protects customer
11 privacy and data; authorizing the department to
12 provide certain technology to tax collectors upon
13 request in order to provide data access and uniform
14 interface functionalities for registration renewal
15 transactions; providing requirements; authorizing use
16 of such data and functionality for certain purposes;
17 requiring development of data access and uniform
18 interface functionalities by a certain date; defining
19 the term "registration renewal transactions"; amending
20 s. 328.73, F.S.; authorizing the department to provide
21 certain technology to tax collectors upon request in
22 order to provide data access and uniform interface
23 functionalities for registration renewal transactions;
24 providing requirements; authorizing use of such data
25 and functionality for certain purposes; requiring

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26 development of data access and uniform interface
27 functionalities by a certain date; defining the term
28 "registration renewal transactions"; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (a) of subsection (4) and subsection
34 (5) of section 320.03, Florida Statutes, are amended to read:
35 320.03 Registration; duties of tax collectors;
36 International Registration Plan.—
37 (4)(a) Each tax collector, third party contracted with a
38 tax collector, or license tag agent who has online computer
39 access to the department's systems or department data center or
40 other reasonable access thereto shall enter into a memorandum of
41 understanding with the department and shall, except when the
42 department has issued a registration renewal notice, upon
43 receipt of an application for the registration of any motor
44 vehicle, determine from the driver file of the applicant whether
45 the applicant's driver license has been canceled, suspended, or
46 revoked and, if so, whether the applicant has surrendered his or
47 her license to the department as required by s. 322.251. If the
48 applicant has not surrendered his or her license in accordance
49 with the provisions of that section, the tax collector shall
50 refuse to register the vehicle until such time as the applicant

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51 surrenders his or her driver license to the department.
52 (5)(a) In addition to the fees required under s. 320.08, a
53 fee of 50 cents shall be charged on every license registration
54 sold to cover the costs of the Florida Real Time Vehicle
55 Information System. The fees collected shall be deposited into
56 the Highway Safety Operating Trust Fund to be used exclusively
57 to fund the system. The fee may only be used to fund the system
58 equipment, software, personnel associated with the maintenance
59 and programming of the system, and networks used in the offices
60 of the county tax collectors as agents of the department and the
61 ancillary technology necessary to integrate the system with
62 other tax collection systems. The department shall administer
63 this program upon consultation with the Florida Tax Collectors,
64 Inc., to ensure that each county tax collector's office is
65 technologically equipped and functional for the operation of the
66 Florida Real Time Vehicle Information System and to ensure that
67 all ancillary technology and other tax collection systems used
68 by tax collectors protect customer privacy and data. Any
69 designated revenue collected to support functions of the county
70 tax collectors and not used in a given year must remain
71 exclusively in the trust fund as a carryover to the following
72 year.
73 (b) Upon a tax collector's request, the department may
74 provide ancillary technology to integrate other tax collection
75 systems used by tax collectors in order to provide tax

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76 collectors with data access and uniform interface
77 functionalities for registration renewal transactions performed
78 at a tax collector's office or online via a tax collector's
79 website. The department shall prescribe the best manner of
80 delivering the data access and uniform interface functionalities
81 to tax collectors for the purpose of processing registration
82 renewal transactions and shall provide the ability to record and
83 process registration renewal transactions in the state system in
84 real time and bulk data reporting for vehicle registrations,
85 including each applicant's electronic mail address collected
86 pursuant to s. 320.95. Such data and functionality may be used
87 only for purposes of fulfilling the tax collector's statutory
88 duties pursuant to this chapter, chapter 319, chapter 322, or
89 chapter 328 and may not be resold or used for any other purpose.
90 Such data access and uniform interface functionalities shall be
91 developed no later than July 1, 2023. For the purposes of this
92 paragraph, the term "registration renewal transactions" means
93 issuance of motor vehicle, mobile home, and trailer registration
94 certificates, registration license plates, and validation
95 stickers.
96 Section 2. Subsection (1) of section 328.73, Florida
97 Statutes, is amended to read:
98 328.73 Registration; duties of tax collectors.—
99 (1)(a) The tax collectors in the counties of the state, as
100 authorized agents of the department, shall issue registration

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101 certificates and vessel numbers and decals to applicants,
102 subject to the requirements of law and in accordance with rules
103 of the department.
104 (b) Upon a tax collector's request, the department may
105 provide ancillary technology to integrate other tax collection
106 systems used by tax collectors in order to provide tax
107 collectors with data access and uniform interface
108 functionalities for registration renewal transactions performed
109 at a tax collector's office or online via a tax collector's
110 website. The department shall prescribe the best manner of
111 delivering the data access and uniform interface functionalities
112 to tax collectors for the purpose of processing registration
113 renewal transactions and shall provide the ability to record and
114 process registration renewal transactions in the state system in
115 real time and bulk data reporting for vessel registrations,
116 including each applicant's electronic mail address collected
117 pursuant to s. 328.30. Such data and functionality may be used
118 only for purposes of fulfilling the tax collector's statutory
119 duties pursuant to this chapter, chapter 319, chapter 320, or
120 chapter 322 and may not be resold or used for any other purpose.
121 Such data access and uniform interface functionalities shall be
122 developed no later than July 1, 2023. For the purposes of this
123 paragraph, the term "registration renewal transactions" means
124 vessel registration certificates, vessel numbers, and decals.
125 Section 3. This act shall take effect July 1, 2021.

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CS/HB 401
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 401 Florida Building Code
SPONSOR(S): Regulatory Reform Subcommittee, Fetterhoff, Overdorf and others
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee 18 Y, 0 N, As CS Brackett Anstead

2) Local Administration & Veterans Affairs 14 Y, 0 N Renner Miller
Subcommittee

3) Commerce Committee Brackett Hamon

SUMMARY ANALYSIS
The Florida Building Commission (Commission), located within the Department of Business and Professional
Regulation (DBPR), implements and adopts the Florida Building Code. The Building Code is the statewide
building code for all construction in the state. Every local government must enforce the Building Code and
issue building permits. The Commission adopts a new edition of the Building Code every three years.

The Commission and local governments may adopt amendments to the Building Code provided they follow the
requirements in current law. Local amendments to the Building Code expire when the newest edition of the
Building Code takes effect. Current law also requires the Commission to develop and implement an approval of
products for statewide use.

The bill:
 Allows a substantially affected person to petition the Commission for a non-binding advisory opinion on
whether a local government regulation is an improper amendment to the Building Code, and
establishes a process for such petitions;
 Allows the Commission to issue an “errata to the code” to correct demonstrated errors in provisions
contained within the Building Code;
 Requires the Commission to adopt rules for approving product evaluation entities in addition to the
ones already listed and approved in current law; and
 Prohibits a local government from requiring a contract between a builder and an owner as a condition to
apply for or obtain a building permit.

The bill may have an insignificant negative fiscal impact on DBPR and an indeterminate fiscal impact on local
governments. See Fiscal Comments.

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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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
The Florida Building Code and Florida Building Commission – Current Situation

In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code ensuring Florida’s minimum building standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes as
they desired.1

In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were built allegedly according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study commission’s
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002.2 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.3

Ch. 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of the
Act is to provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a
single, unified state building code. The Building Code must be applied, administered, and enforced
uniformly and consistently from jurisdiction to jurisdiction.4

The main purpose of the Building Code is to regulate new construction or proposed modifications to
existing structures in order to give the occupants the highest level of safety and the least amount of
defects.5

The Florida Building Commission

The Commission reviews several International Codes published by the International Code Council, the
National Electric Code, and other nationally adopted model codes to determine if the Building Code
needs to be updated and adopts an updated Building Code every three years.7

The Commission has 11 Technical Advisory Committees (TAC) ranging from the building structural
TAC to the swimming pool TAC.8 TACs are made up of Commission members and other parties who
advise the Commission on declaratory statements, proposed amendments, and any other areas of
interest of the Commission.9

1 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,

http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Feb. 15, 2021).
2 Id.; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Feb. 15, 2021).
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 26, 2021).
4 See s. 553.72(1), F.S.
5 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. 26, 2021).
6 Ss. 553.73, and 553.74, F.S.
7 Id.
8 DBPR, Florida Building Code Online, https://www.floridabuilding.org/c/c_commission.aspx (last visited Feb. 26, 2021).
9 S. 553.73(3), F.S.; Rule 61G20-2.001, F.A.C.

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Local Enforcement of the Florida Building Code

The Legislature has authorized local governments to inspect all buildings, structures, and facilities
within their jurisdictions to protect the public’s health, safety, and welfare.10

Every local government must enforce the Building Code and issue building permits.11 It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without
first obtaining a permit from the local government enforcing agency or from such persons as may, by
resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency.12

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity.13 A building official is a local government employee or a person
contracted by a local government who supervises Building Code activities, including plan review,
enforcement, and inspection to ensure work complies with the Building Code.14

Amendments to the Building Code

The Commission and local governments may adopt technical and administrative amendments to the
Building Code. A technical amendment to the Building Code is an alteration to the prescriptive
requirements or reference standards for construction. An administrative amendment is an addition or
alteration of the code enforcement requirements of the Building Code.15 All amendments adopted by
the Commission require a 75 percent supermajority vote of approval.16

The Commission may approve technical amendments to the Building Code once each year for
statewide or regional application upon a finding that the amendment:17

 Is needed in order to accommodate the specific needs of the state;
 Has a reasonable and substantial connection with the health, safety, and welfare of the general
public;
 Strengthens or improves the Building Code, or in the case of innovation or new technology, will
provide equivalent or better products or methods or systems of construction;
 Does not discriminate against materials, products, methods, or systems of construction of
demonstrated capabilities; and
 Does not degrade the effectiveness of the Building Code.

In order to adopt a technical amendment to the Building Code the Commission must meet the following
requirements:18

 The proposed amendment has been published on the Commission’s website for a minimum of
45 days and all the associated documentation has been made available to any interested party
before any consideration by a TAC;
 The proposed amendment includes a fiscal impact statement that documents the costs and
benefits of the proposed amendment.
 In order for a TAC to make a favorable recommendation to the Commission, the proposal must
receive a three-fourths vote of the members present at the TAC meeting and at least half of the
regular members must be present in order to conduct a meeting;

10 S. 553.72, F.S.
11 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
12 See ss. 125.56(4)(a) and 553.79(1), F.S.
13 S. 202 of the Building Code (Building), Sixth Edition.
14 S. 468.603(2), F.S.
15 S. 553.73, F.S.; Rule 61G20-2.002, F.A.C.
16 Rule 61G20-2.002(13), F.A.C.
17 S. 553.73(9), F.S.
18 Ss. 553.73(3) and (9), F.S.

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 After a TAC consideration and recommendation for approval of any proposed amendment, the
proposal must be published on the Commission’s website for at least 45 days before any
consideration by the Commission; and
 A proposal may be modified by the Commission based on public testimony and evidence from a
public hearing held in accordance with ch. 120, F.S.

Adopted amendments to the foundation codes must be clearly marked in printed versions of the
Building Code to make readily apparent the fact that the provisions are Florida-specific amendments.19

However, the Commission may adopt certain amendments at any time and only has to follow the rule
adoption procedures in the Administrative Procedure Code.20 The Commission may adopt amendments
using the rule adoption procedure to address the following:21

 Conflicts within the updated code;
 Conflicts between the updated code and the Florida Fire Prevention Code;
 Unintended results from the integration of previously adopted Florida-specific amendments with
the model code;
 Equivalency of standards;
 Changes to or inconsistencies with federal or state law;
 Adoption of an updated edition of the NEC if the Commission finds that delay of implementing
the updated edition causes undue hardship to stakeholders or otherwise threatens the public
health, safety, and welfare; or
 Enhancement of the construction requirements relating to wind resistance or the prevention of
water intrusion.

Local Amendments to the Building Code

Local governments may adopt amendments to the Building Code that are more stringent than the
Building Code, which are limited to the local government’s jurisdiction. Amendments by local
governments expire upon the adoption of the newest edition of the Building Code, and, thus, the local
government must go through the amendment process every three years in order to maintain a local
amendment to the Building Code.22

Current law allows local governments to adopt technical amendments to the Building Code every six
months if:23

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

19 s. 553.73(7), F.S.
20 Ch. 120, F.S.
21 See ss. 120.536, 120.54, 120.541, and 553.73(8), F.S.; Rule 61G20-2.002(2), F.A.C.
22 S. 553.73(4), F.S.
23 Id.

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A technical amendment adopted by a local government takes effect 30 days after the Commission
receives the amendment and publishes the amendment on its website.24

The Commission may review local amendments and issue nonbinding recommendations to local
governments about whether the local government complied with the requirements to adopt an
amendment. If the Commission decides to review a local amendment it must send the amendment to
the applicable TAC for review.25 The TAC must make a recommendation to the Commission about
whether the local amendment complies with the requirements of current law. The Commission must
provide the nonbinding recommendation to the local government within 30 days of adopting the
recommendation.26

Each county and municipality that adopts technical amendments to the Building Code must establish a
countywide compliance review board by interlocal agreement. The compliance review board reviews
any amendment adopted by a local government in its county that is challenged by a substantially
affected party in order to determine if the amendment has been adopted in accordance with the
requirements of current law.27

A local government or the substantially affected party may appeal the compliance review board’s
decision to the Commission within 14 days of the board’s decision. The Commission must refer the
appeal to the Division of Administrative Hearings for a hearing by an administrative law judge. The
administrative law judge must hold a hearing within 30 days of being assigned the appeal, and must
enter a recommended order within 30 days of the conclusion of the hearing.28

The Commission must enter a final order within 30 days after the administrative law judge issues a
recommended order. In proceedings before a compliance review board or the Commission, the local
government has the burden to prove an amendment has been adopted in accordance with the
requirements of current law.29

Interpretations of the Building Code

The Commission may issue declaratory statements regarding interpretations of the Building Code,
review local building officials’ interpretation of the Building Code, and give binding interpretations of the
Building Code.30

A substantially affected person, state agency, or a local government may petition the Commission in
writing for a declaratory statement relating to interpretations of the Building Code, or the enforcement or
administration of the Building Code by local governments. The Commission must issue a declaratory
statement or deny a petition within 90 days of receiving the petition. Declaratory statements are binding
upon all jurisdictions and are subject to judicial review by a district court of appeal.31

A substantially affected person may also petition the Commission to review a local building official’s
interpretation of the Building Code. A substantially affected person includes an owner or builder subject
to a decision of the local building official or an association of owners or builders having members who
are subject to a decision of the local building official.32

A substantially affected person may petition the Commission to review a local building official’s
interpretation of the Building Code if:33

24 553.73(4), F.S.; Rule-61G20-2.003, F.A.C.
25 Id.
26 Id.
27 S. 553.73(4), F.S.
28 See ss. 120.569, 120.57, 553.73(4), F.S.; ch. 28-106, F.A.C.
29 Id.
30 S. 553.775, F.S.
31 Ss. 553.775(3), 120.565, and 120.68, F.S.
32 S. 553.775(3), F.S.
33 Id.

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 The substantially affected person has appealed the building official’s interpretation to the local
board of appeals, if such board exists;
 The substantially affected person files a written petition to the Commission on a form adopted
by the Commission which contains:
o The name and address of the local government and the local building official;
o The name, address, and phone number of the substantially affected person, and
explanation of how they are substantially affected by the building official’s interpretation;
o A statement of the provisions of the Building Code that are being interpreted, the
building official’s interpretation of those sections, and the substantially affected person’s
interpretation of those sections; and
o The local building official’s response.
 The substantially affected person has given the petition to the local building official and at least
five days have elapsed for the building official to respond.

Upon receiving a written petition to review a local building official’s interpretation of the Building Code,
the Commission must provide copies to a panel, publish the petition and the local building official’s
response on the Commission’s website, and allow for interested parties to post comments. The panel
must have seven members made up of five building officials, an architect, and an engineer. The
Commission must coordinate with the Building Officials Association of Florida34 to designate the
panel.35

The panel must conduct proceedings as necessary to issue a determination and must consider the
written petition, the local building official’s response, and any comments posted on the Commission’s
website. The panel must issue a determination within 21 days of the petition being filed with the
Commission. The determination is binding upon all parties and all jurisdictions in Florida.36 The
determination must be published on the Commission’s website and the Florida Administrative
Register.37

A party may appeal the panel’s determination by filing an appeal with the Commission within 30 days of
the panel’s determination. The Commission must conduct a hearing in accordance with the
Administrative Procedure Act. The burden of proof in the hearing is on the party appealing the panel’s
determination. The Commission’s ruling is subject to judicial review by a district court of appeal.38

The Florida Building Code and Florida Building Commission – Effect of the Bill

Errata to the Code

The bill provides that the Commission may issue an “errata to the code” to correct demonstrated errors
in provisions contained with the Building Code. An “errata to the code” means a list of errors on current
and previous editions of the Building Code.

The determination of such errors and the issuance of an “errata to the code” must be approved by a 75
percent supermajority vote of the Commission.

Petition for Advisory Opinion Relating to Technical Amendments to the Building Code

The bill also provides that a substantially affected person may petition the Commission for a non-
binding advisory opinion on any local government regulation, law, ordinance, policy, amendment, or

34 The Building Officials Association of Florida is the largest community of building officials, building inspectors, plans examiners, and

building code compliance professionals in the state. Its goal is to ensure the health, safety, and welfare of the public through safe
building practices by equipping building professions through education, advocacy, leadership, and code development. Building Officials
Association of Florida, About BOAF, https://boaf.net/page/About (last visited Jan. 8, 2020).
35 S. 553.775(3), F.S.
36 S. 553.775(3)(c)5., F.S.
37 Id.; The Florida Administrative Register is a daily publication which gives the public current information about the status of proposed

rules, notice of agency public meetings, workshops and hearings, and anything else required by law. Florida Administrative Code &
Florida Administrative Register, FL Rules FAQ, https://www.flrules.org/Help/newHelp.asp#FAW (last visited Jan. 15, 2020).
38 Ss. 553.775(3), and 120.68, F.S.

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land use or zoning provision (regulation) that the person believes is a technical amendment to the
Building Code and was not adopted in accordance with the process for adopting local amendments to
the Building Code.

A “local government” means a county, municipality, special district, or political subdivision of the state.

A “substantially affected person” includes an owner or builder subject to the local government’s
regulation or an association of owners or builders with members who are subject to the regulation.

The Commission must issue a non-binding advisory opinion stating whether a local government
regulation is a technical amendment to the Building Code if:
 A substantially affected person files a petition with the Commission, in accordance with the
Commission’s directions for filing the petition, and on a form adopted by the Commission which
contains at a minimum:
o The name of the local government that enacted the regulation;
o The name and address of the local government’s general counsel;
o The name, address, and phone number of the substantially affected person;
o An explanation of how the person is substantially affected by the local government’s
regulation; and
o A statement of why the regulation is a technical amendment to the Building Code, and
which provisions of the Building Code are amended by the regulation, if any.
 The substantially affected person has given the petition to the local government’s general
counsel or administrator by certified mail, return receipt requested. The local government may
respond within 14 days by certified mail, return receipt requested, and send a copy of its
response to the Commission.

Upon receiving a petition to review a local government’s regulation, the Commission must publish the
petition and the local government’s response on the Commission’s website and allow for comments to
be posted by interested parties. The Commission may provide the petition, the local government’s
response, and any comments posted by interested parties to a TAC for review and a recommendation.

The Commission must consider the petition, the local government’s response, any comments posted
on the Commission’s website, and any recommendation provided by a TAC. The Commission must
issue a non-binding advisory opinion stating whether the local government’s regulation is a technical
amendment to the Building Code within 30 days of receiving the petition. The Commission must also
publish the non-binding advisory opinion on its website and the Florida Administrative Register.

Product Evaluation and Approval – Current Situation

Current law requires the Commission to develop and implement an approval of products for statewide
use. The Commission has created an approval methodology for products and systems comprising the
building envelope and structural frame of a building.39 The Commission approves the products in the
following categories for statewide use:40

 Panel Walls;
 Exterior Doors;
 Roofing Products;
 Skylights;
 Windows;
 Shutters;
 Structural Components; and
 Impact Protective Systems.

39 S. 553.842(1), F.S.; Rule 61G20-3.001, F.A.C.
40 Rule 61G20-3.001, F.A.C.

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To obtain state approval, a manufacturer must demonstrate a product complies with the applicable
standards and provisions of the Building Code by submitting one of the following reports:
 A certification mark or listing of an approved certification agency;
 A test report from an approved testing laboratory;
 A product evaluation report developed, signed and sealed by a Florida licensed engineer or
architect; or
 A product evaluation report from one of the following evaluation entities:
o The National Evaluation Service;
o The International Association of Plumbing and Mechanical Officials Evaluation Service;
o The International Code Council Evaluation Services;
o Underwriters Laboratories, LLC;
o The International Conference of Building Officials;
o SBCCI Public Safety Testing and Evaluation Services, Inc.;
o Intertek Testing Services NA, Inc.; or
o The Miami-Dade County Building Code Compliance Office Product Control Division.41

Currently, the Commission has authority to approve an entity as an approved testing laboratory or a
certification agency if it meets the Commission’s rules.42 The Commission also has authority to assess
an application and renewal fee for entities applying for approval or renewal as a testing laboratory,
certification agencies, evaluation entities, and validation entities.43 However, the Commission does not
have authority to approve an entity as an evaluation entity. In order to be approved as an evaluation
entity, the entity must be added to the list of approved evaluation entities in current law by the
Legislature.

The Commission also has the authority to revoke product approvals as well as the approvals for
product evaluation entities, testing laboratories, quality assurance entities, certification agencies, and
validation entities.44 The Commission has adopted a rule providing criteria for revoking or suspending
product approvals, testing laboratories, quality assurance entities, certification agencies, and validation
entities, but not product evaluation entities. According to DBPR, this is because the current list of
product evaluation entities are listed in statute and the Commission does not believe it has authority to
discipline them.45

Product Evaluation and Approval – Effect of the Bill

The bill requires the Commission to adopt rules for approving evaluation entities in addition to the ones
already approved and listed in current law.

Required Information in Building Permit Application – Current Situation

To obtain a permit, an applicant must complete an application for the proposed work on a form
furnished by the government entity. The form must include the following information:46

 The name and address of the owner of the property;
 The name and address of the contractor;
 A description sufficient to identify the property to be improved, including the property’s address
and legal description;
 The name and address of the bonding company, if any;
 The name and address of the architect/engineer, if any;
 The name and address of the mortgage company, if any; and
 The number or identifying symbol assigned to the building permit by the issuing authority.

41 S. 553.842, F.S.; DBPR, Product Evaluation Entity List, https://www.floridabuilding.org/pr/pr_org_lst.aspx (last visited Mar. 18, 2021).
42 Rule 61G20-3.008, F.A.C.
43 S. 553.842(1), F.S.; Rule 6120-3.007(2), F.A.C.
44 S. 553.842(14), F.S.
45 Rule 61G20-3.013, F.A.C.; Department of Business and Professional Regulation, Agency Analysis of 2021 HB 401, p. 7 (Mar. 3,

2021).
46 Ss. 713.135(5) and (6), F.S.

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In addition to the information that must be in the application, a government entity may require any
additional information be included in the application.47

Some local governments are requiring contractors to include their contracts with private owners in an
application for a building permit. The industry believes that local governments use such contracts to
determine construction costs and construction value.48 These contracts may contain private proprietary
information, and after local governments request and obtain such documents, they may become public
records available for anyone to obtain upon request.49

Required Information in Building Permit Application – Effect of the Bill

The bill prohibits a local government from requiring a contract between a builder and an owner as a
condition to apply for or obtain a building permit.

B. SECTION DIRECTORY:
Section 1. Amending s. 553.73, F.S., allowing the Florida Building Commission to issue advisory
opinions and an “errata to the code” in certain situations.

Section 2. Amending s. 553.79, F.S., prohibiting local governments from requiring contracts in
certain applications for building permits.

Section 3. Amending s. 553.842, F.S., requiring the Commission to adopt criteria for approving
certain entities.

Section 4. Amending s. 125.01, F.S., conforming a cross-reference.

Section 5. Amending s. 125.56, F.S., conforming a cross-reference.

Section 6. Providing an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
According to DBPR, applicants for certification as product evaluation entities will be required to pay
an initial application fee and renewals fees. DBPR estimates no more than 75 new entities will apply
for certification and estimates receiving no more than $45,000 in new application fees and $15,000
annually in renewal fees for such applicants.50

2. Expenditures:
The Commission may see an increased workload related to establishing a process for accepting
petitions from affected persons and issuing non-binding advisory opinions. According to DBPR, the
technology contractor for the Florida Building Commission estimates updating the Building Code

47 Id.
48 See The Florida Channel, 1/27/ 2021 House Regulatory Reform Subcommittee, https://thefloridachannel.org/videos/1-27-21-house-

regulatory-reform-subcommittee/ (last visited Feb. 19, 2021). (According to testimony offered during the January 27, 2021, meeting of
the Florida House of Representatives Regulatory Reform Subcommittee, many local governments use the cost of construction as a
factor for determining the amount of a fee for a building permit.)
49 Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to government records. This

section guarantees every person a right to inspect or copy any public record made or received in connection with official business of
any public body, including counties, municipalities, and districts. Current law does not contain an exemption from Florida’s public
records laws for proprietary business information included in a building permit application. See generally, ch. 119. F.S.
50 Department of Business and Professional Regulation, supra note 45, at 5.

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information system to implement the nonbinding advisory opinion process will cost approximately
$60,000.51

The provision allowing the Commission to adopt an “errata to the code” is not anticipated to have a
significant impact on the Commission’s processes.52

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
Indeterminate. Local governments could see increased costs to address requests for nonbinding
advisory opinions.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Prohibiting local governments from requiring contracts between owners and builders as a condition to
apply or obtain a building permit may have a positive impact by preventing certain proprietary
information from becoming public.

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 local governments could see increased costs to address requests for nonbinding advisory
opinions. However, an exemption may apply because any costs to respond to requests for a
nonbinding advisory opinion are likely to be insignificant.

2. Other:
Article VII, s. 19 of the Florida Constitution requires the imposition, authorization, or raising of a state
tax or fee be contained in a separate bill that contains no other subject and be approved by two-
thirds of the membership of each house of the Legislature. As such, Art, VII, s. 19 of the Florida
Constitution may apply if the product evaluation entity approval provisions in the bill are interpreted
to be a new or increased fee.

B. RULE-MAKING AUTHORITY:
The bill requires the Commission to adopt the form for the petition to request a nonbinding advisory
opinion and directions for filing the form, adopt criteria for approving evaluation entities, and adopt
“errata to the code.” It appears that sufficient rulemaking authority exists in sections 553.76(1) and (4),
and 553.842(1), F.S.

C. DRAFTING ISSUES OR OTHER COMMENTS:
According to DBPR,53

51 Id.
52 Email from Conner Mann, Legislative Affairs Coordinator, Department of Business and Professional Regulation, HB 401 Provision,

(Feb. 8, 2021).
53 Department of Business and Professional Regulation, supra note 45, at 7.

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“Since the current list of product evaluation entities is determined by statute, the
Commission exempts these entities from revocation or suspension of their status in its rules,
as there does not appear to be statutory authority for the Commission to take such
disciplinary action. The proposed legislation would create an additional administrative
avenue for the approval of product evaluation entities; these entities would presumably be
subject to the same disciplinary measures as other entities in the product approval program.
The existence of two classes of otherwise similarly-situated product evaluation entities, one
of which is subject to administrative discipline and one of which is not, may raise equal
protection issues.”

The sponsor may want to clarify that the Commission may discipline any product evaluation entity
including those listed in statute.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 2, 2021, the Regulatory Reform Subcommittee adopted two amendments and reported the bill
favorably as a committee substitute. The committee substitute:
 Removes the provision prohibiting DOH from requiring assisted living facilities to comply with rules
relating to swimming pool lifeguards.
 Removes a cross-reference.

This analysis is drafted to the committee substitute as approved 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 401 2021

1 A bill to be entitled
2 An act relating to the Florida Building Code; amending
3 s. 553.73, F.S.; authorizing a substantially affected
4 person to file a petition with the Florida Building
5 Commission to review certain local government
6 regulations, laws, ordinances, policies, amendments,
7 or land use or zoning provisions; defining the term
8 "local government"; providing requirements for the
9 petition and commission; requiring the commission to
10 issue a nonbinding advisory opinion within a specified
11 timeframe; authorizing the commission to issue errata
12 to the code; providing a definition for the term
13 "errata to the code"; making technical changes;
14 amending s. 553.79, F.S.; prohibiting a local
15 government from requiring certain contracts for the
16 issuance of a building permit; amending s. 553.842,
17 F.S.; requiring evaluation entities that meet certain
18 criteria to comply with certain standards; amending
19 ss. 125.01 and 125.56, F.S.; conforming cross-
20 references to changes made by the act; making
21 technical changes; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsections (4) and (8) of section 553.73,

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26 Florida Statutes, are amended to read:
27 553.73 Florida Building Code.—
28 (4)(a) All entities authorized to enforce the Florida
29 Building Code under pursuant to s. 553.80 shall comply with
30 applicable standards for issuance of mandatory certificates of
31 occupancy, minimum types of inspections, and procedures for
32 plans review and inspections as established by the commission by
33 rule. Local governments may adopt amendments to the
34 administrative provisions of the Florida Building Code, subject
35 to the limitations in of this subsection paragraph. Local
36 amendments must shall be more stringent than the minimum
37 standards described in this section herein and must shall be
38 transmitted to the commission within 30 days after enactment.
39 The local government shall make such amendments available to the
40 general public in a usable format. The State Fire Marshal is
41 responsible for establishing the standards and procedures
42 required in this subsection paragraph for governmental entities
43 with respect to applying the Florida Fire Prevention Code and
44 the Life Safety Code.
45 (b) Local governments may, subject to the limitations in
46 of this section and not more than once every 6 months, adopt
47 amendments to the technical provisions of the Florida Building
48 Code that which apply solely within the jurisdiction of such
49 government and that which provide for more stringent
50 requirements than those specified in the Florida Building Code,

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51 not more than once every 6 months. A local government may adopt
52 technical amendments that address local needs if:
53 1. The local governing body determines, following a public
54 hearing which has been advertised in a newspaper of general
55 circulation at least 10 days before the hearing, that there is a
56 need to strengthen the requirements of the Florida Building
57 Code. The determination must be based upon a review of local
58 conditions by the local governing body, which review
59 demonstrates by evidence or data that the geographical
60 jurisdiction governed by the local governing body exhibits a
61 local need to strengthen the Florida Building Code beyond the
62 needs or regional variation addressed by the Florida Building
63 Code, that the local need is addressed by the proposed local
64 amendment, and that the amendment is no more stringent than
65 necessary to address the local need.
66 2. Such additional requirements are not discriminatory
67 against materials, products, or construction techniques of
68 demonstrated capabilities.
69 3. Such additional requirements may not introduce a new
70 subject not addressed in the Florida Building Code.
71 (c)4. The enforcing agency shall make readily available,
72 in a usable format, all amendments adopted under pursuant to
73 this section.
74 (d)5. Any amendment to the Florida Building Code shall be
75 transmitted within 30 days after adoption by the adopting local

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76 government to the commission. The commission shall maintain
77 copies of all such amendments in a format that is usable and
78 obtainable by the public. Local technical amendments are shall
79 not become effective until 30 days after the amendment has been
80 received and published by the commission.
81 (e)6. An Any amendment to the Florida Building Code
82 adopted by a local government under pursuant to this subsection
83 is paragraph shall be effective only until the adoption by the
84 commission of the new edition of the Florida Building Code by
85 the commission every third year. At such time, the commission
86 shall review such amendment for consistency with the criteria in
87 paragraph (9)(a) and adopt such amendment as part of the Florida
88 Building Code or rescind the amendment. The commission shall
89 immediately notify the respective local government of the
90 rescission of any amendment. After receiving such notice, the
91 respective local government may readopt the rescinded amendment
92 under pursuant to the provisions of this subsection paragraph.
93 (f)7. Each county and municipality desiring to make local
94 technical amendments to the Florida Building Code shall by
95 interlocal agreement establish by interlocal agreement a
96 countywide compliance review board to review any amendment to
97 the Florida Building Code that is, adopted by a local government
98 within the county under pursuant to this subsection and
99 paragraph, that is challenged by a any substantially affected
100 party for purposes of determining the amendment's compliance

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101 with this subsection paragraph. If challenged, the local
102 technical amendments are shall not become effective until the
103 time for filing an appeal under paragraph (g) pursuant to
104 subparagraph 8. has expired or, if there is an appeal, until the
105 commission issues its final order determining if the adopted
106 amendment is in compliance with this subsection.
107 (g)8. If the compliance review board determines such
108 amendment is not in compliance with this subsection paragraph,
109 the compliance review board shall notify such local government
110 of the noncompliance and that the amendment is invalid and
111 unenforceable until the local government corrects the amendment
112 to bring it into compliance. The local government may appeal the
113 decision of the compliance review board to the commission. If
114 the compliance review board determines that such amendment is to
115 be in compliance with this subsection paragraph, any
116 substantially affected party may appeal such determination to
117 the commission. Any such appeal must shall be filed with the
118 commission within 14 days after of the board's written
119 determination. The commission shall promptly refer the appeal to
120 the Division of Administrative Hearings by electronic means
121 through the division's website for the assignment of an
122 administrative law judge. The administrative law judge shall
123 conduct the required hearing within 30 days after being assigned
124 to the appeal, and shall enter a recommended order within 30
125 days after of the conclusion of such hearing. The commission

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126 shall enter a final order within 30 days after an order is
127 rendered thereafter. The provisions of Chapter 120 and the
128 uniform rules of procedure shall apply to such proceedings. The
129 local government adopting the amendment that is subject to
130 challenge has the burden of proving that the amendment complies
131 with this subsection paragraph in proceedings before the
132 compliance review board and the commission, as applicable.
133 Actions of the commission are subject to judicial review under
134 pursuant to s. 120.68. The compliance review board shall
135 determine whether its decisions apply to a respective local
136 jurisdiction or apply countywide.
137 (h)9. An amendment adopted under this subsection paragraph
138 must shall include a fiscal impact statement that which
139 documents the costs and benefits of the proposed amendment.
140 Criteria for the fiscal impact statement shall include the
141 impact to local government relative to enforcement and, the
142 impact to property and building owners and, as well as to
143 industry, relative to the cost of compliance. The fiscal impact
144 statement may not be used as a basis for challenging the
145 amendment for compliance.
146 (i)10. In addition to paragraphs (f) and (g) subparagraphs
147 7. and 9., the commission may review any amendments adopted
148 under pursuant to this subsection and make nonbinding
149 recommendations related to compliance of such amendments with
150 this subsection.

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151 (j)(c) Any amendment adopted by a local enforcing agency
152 under pursuant to this subsection may shall not apply to state
153 or school district owned buildings, manufactured buildings or
154 factory-built school buildings approved by the commission, or
155 prototype buildings approved under pursuant to s. 553.77(3). The
156 respective responsible entities shall consider the physical
157 performance parameters substantiating such amendments when
158 designing, specifying, and constructing such exempt buildings.
159 (k)(d) A technical amendment to the Florida Building Code
160 related to water conservation practices or design criteria
161 adopted by a local government under pursuant to this subsection
162 is not rendered void when the code is updated if the technical
163 amendment is necessary to protect or provide for more efficient
164 use of water resources as provided in s. 373.621. However, any
165 such technical amendment carried forward into the next edition
166 of the code under pursuant to this paragraph is subject to
167 review or modification as provided in this part.
168 (l) If a local government adopts a regulation, law,
169 ordinance, policy, amendment, or land use or zoning provision
170 without using the process established in this subsection, and a
171 substantially affected person considers such regulation, law,
172 ordinance, policy, amendment, or land use or zoning provision to
173 be a technical amendment to the Florida Building Code, then the
174 substantially affected person may submit a petition to the
175 commission for a nonbinding advisory opinion. If a substantially

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176 affected person submits a request in accordance with this
177 paragraph, the commission shall issue a nonbinding advisory
178 opinion stating whether or not the commission interprets the
179 regulation, law, ordinance, policy, amendment, or land use or
180 zoning provision as a technical amendment to the Florida
181 Building Code. As used in this paragraph, the term "local
182 government" means a county, municipality, special district, or
183 political subdivision of the state.
184 1. Requests to review a local government regulation, law,
185 ordinance, policy, amendment, or land use or zoning provision
186 may be initiated by any substantially affected person. A
187 substantially affected person includes an owner or builder
188 subject to the regulation, law, ordinance, policy, amendment, or
189 land use or zoning provision, or an association of owners or
190 builders having members who are subject to the regulation, law,
191 ordinance, policy, amendment, or land use or zoning provision.
192 2. In order to initiate a review, a substantially affected
193 person must file a petition with the commission. The commission
194 shall adopt a form for the petition and directions for filing,
195 which shall be published on the Building Code Information
196 System. The form shall, at a minimum, require the following:
197 a. The name of the local government that enacted the
198 regulation, law, ordinance, policy, amendment, or land use or
199 zoning provision.
200 b. The name and address of the local government's general

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201 counsel or administrator.
202 c. The name, address, and telephone number of the
203 petitioner; the name, address, and telephone number of the
204 petitioner's representative, if any; and an explanation of how
205 the petitioner's substantial interests are being affected by the
206 regulation, law, ordinance, policy, amendment, or land use or
207 zoning provision.
208 d. A statement explaining why the regulation, law,
209 ordinance, policy, amendment, or land use or zoning provision is
210 a technical amendment to the Florida Building Code, and which
211 provisions of the Florida Building Code, if any, are being
212 amended by the regulation, law, ordinance, policy, amendment, or
213 land use or zoning provision.
214 3. The petitioner shall serve the petition on the local
215 government's general counsel or administrator by certified mail,
216 return receipt requested, and send a copy of the petition to the
217 commission, in accordance with the commission's published
218 directions. The local government shall respond to the petition
219 in accordance with the form by certified mail, return receipt
220 requested, and send a copy of its response to the commission,
221 within 14 days after receipt of the petition, including
222 Saturdays, Sundays, and legal holidays.
223 4. Upon receipt of a petition that meets the requirements
224 of this paragraph, the commission shall publish the petition,
225 including any response submitted by the local government, on the

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226 Building Code Information System in a manner that allows
227 interested persons to address the issues by posting comments.
228 5. Before issuing an advisory opinion, the commission
229 shall consider the petition, the response, and any comments
230 posted on the Building Code Information System. The commission
231 may also provide the petition, the response, and any comments
232 posted on the Building Code Information System to a technical
233 advisory committee, and may consider any recommendation provided
234 by the technical advisory committee. The commission shall issue
235 an advisory opinion stating whether the regulation, law,
236 ordinance, policy, amendment, or land use or zoning provision is
237 a technical amendment to the Florida Building Code within 30
238 days after the filing of the petition, including Saturdays,
239 Sundays, and legal holidays. The commission shall publish its
240 advisory opinion on the Building Code Information System and in
241 the Florida Administrative Register. The commission's advisory
242 opinion is nonbinding and is not a declaratory statement under
243 s. 120.565.
244 (8) Notwithstanding subsection (3) or subsection (7), the
245 commission may address issues identified in this subsection by
246 amending the code under pursuant to the rule adoption procedures
247 in chapter 120. Updates to the Florida Building Code, including
248 provisions contained in referenced standards and criteria which
249 relate to wind resistance or the prevention of water intrusion,
250 may not be amended under pursuant to this subsection to diminish

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251 those standards; however, the commission may amend the Florida
252 Building Code to enhance such standards. Following the approval
253 of any amendments to the Florida Building Code by the commission
254 and publication of the amendments on the commission's website,
255 authorities having jurisdiction to enforce the Florida Building
256 Code may enforce the amendments.
257 (a) The commission may approve amendments that are needed
258 to address:
259 1.(a) Conflicts within the updated code;
260 2.(b) Conflicts between the updated code and the Florida
261 Fire Prevention Code adopted under pursuant to chapter 633;
262 3.(c) Unintended results from the integration of
263 previously adopted amendments with the model code;
264 4.(d) Equivalency of standards;
265 5.(e) Changes to or inconsistencies with federal or state
266 law; or
267 6.(f) Adoption of an updated edition of the National
268 Electrical Code if the commission finds that delay of
269 implementing the updated edition causes undue hardship to
270 stakeholders or otherwise threatens the public health, safety,
271 and welfare.
272 (b) The commission may issue errata to the code to correct
273 demonstrated errors in provisions contained within the Florida
274 Building Code. The determination of such errors and the issuance
275 of errata to the code must be approved by a 75 percent

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276 supermajority vote of the commission. For purposes of this
277 paragraph, "errata to the code" means a list of errors on
278 current and previous editions of the Florida Building Code.
279 Section 2. Paragraph (d) is added to subsection (1) of
280 section 553.79, Florida Statutes, to read:
281 553.79 Permits; applications; issuance; inspections.—
282 (1)
283 (d) A local government may not require a contract between
284 a builder and an owner for the issuance of a building permit or
285 as a requirement for the submission of a building permit
286 application.
287 Section 3. Paragraph (a) of subsection (8) of section
288 553.842, Florida Statutes, is amended to read:
289 553.842 Product evaluation and approval.—
290 (8) The commission may adopt rules to approve the
291 following types of entities that produce information on which
292 product approvals are based. All of the following entities,
293 including engineers and architects, must comply with a
294 nationally recognized standard demonstrating independence or no
295 conflict of interest:
296 (a) Evaluation entities approved under pursuant to this
297 paragraph or that meet the criteria for approval adopted by the
298 commission by rule. The commission shall specifically approve
299 the National Evaluation Service, the International Association
300 of Plumbing and Mechanical Officials Evaluation Service, the

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301 International Code Council Evaluation Services, Underwriters
302 Laboratories, LLC, Intertek Testing Services NA, Inc., and the
303 Miami-Dade County Building Code Compliance Office Product
304 Control Division. Architects and engineers licensed in this
305 state are also approved to conduct product evaluations as
306 provided in subsection (5).
307 Section 4. Paragraph (bb) of subsection (1) of section
308 125.01, Florida Statutes, is amended to read:
309 125.01 Powers and duties.—
310 (1) The legislative and governing body of a county shall
311 have the power to carry on county government. To the extent not
312 inconsistent with general or special law, this power includes,
313 but is not restricted to, the power to:
314 (bb) Enforce the Florida Building Code, as provided in s.
315 553.80, and adopt and enforce local technical amendments to the
316 Florida Building Code as provided in s. 553.73(4), pursuant to
317 s. 553.73(4)(b) and (c).
318 Section 5. Subsection (1) of section 125.56, Florida
319 Statutes, is amended to read:
320 125.56 Enforcement and amendment of the Florida Building
321 Code and the Florida Fire Prevention Code; inspection fees;
322 inspectors; etc.—
323 (1) The board of county commissioners of each of the
324 several counties of the state may enforce the Florida Building
325 Code and the Florida Fire Prevention Code, as provided in ss.

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326 553.80, 633.206, and 633.208, and, at its discretion, adopt
327 local technical amendments to the Florida Building Code as
328 provided in s. 553.73(4), pursuant to s. 553.73(4)(b) and (c)
329 and local technical amendments to the Florida Fire Prevention
330 Code as provided in, pursuant to s. 633.202, to provide for the
331 safe construction, erection, alteration, repair, securing, and
332 demolition of any building within its territory outside the
333 corporate limits of any municipality. Upon a determination to
334 consider amending the Florida Building Code or the Florida Fire
335 Prevention Code by a majority of the members of the board of
336 county commissioners of such county, the board shall call a
337 public hearing and comply with the public notice requirements of
338 s. 125.66(2). The board shall hear all interested parties at the
339 public hearing and may then amend the building code or the fire
340 code consistent with the terms and purposes of this act. Upon
341 adoption, an amendment to the code shall be in full force and
342 effect throughout the unincorporated area of such county until
343 otherwise notified by the Florida Building Commission under
344 pursuant to s. 553.73 or the State Fire Marshal under pursuant
345 to s. 633.202. This subsection does not Nothing herein contained
346 shall be construed to prevent the board of county commissioners
347 from repealing such amendment to the building code or the fire
348 code at any regular meeting of such board.
349 Section 6. This act shall take effect July 1, 2021.

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COMMERCE COMMITTEE

HB 401 by Rep. Fetterhoff
Florida Building Code

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. Fetterhoff (line 272):
• Clarifies that the Florida Building Commission may adopt an errata to the Building
Code to list errors in the Building Code.
• Clarifies that local government entities may elect to use private providers for their
own construction projects.
• Clarifies that the Florida Building Commission may suspend a product evaluation
entity for failing to follow the Commission’s procedures for submitting evaluation
reports for construction materials.

Amendment 2 by Rep. Drake (line 286):
• Provides that a local government may use excess funds generated by Building Code
enforcement for the construction of a building or structure that houses the local
government’s building code enforcement agency or provides training programs for
building officials, inspectors, or plans examiners.
• Provides that excess funds used to construct such a building or structure must be
designated for such purpose by the local government and may not be carried forward
for more than four years.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 401 (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 Fetterhoff offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 272-306 and insert:
6 (b) The commission may issue errata to the code pursuant
7 to the rule adoption procedures in chapter 120 to list
8 demonstrated errors in provisions contained within the Florida
9 Building Code. The determination of such errors and the issuance
10 of errata to the code must be approved by a 75 percent
11 supermajority vote of the commission. For purposes of this
12 paragraph, "errata to the code" means a list of errors on
13 current and previous editions of the Florida Building Code.
14 Section 2. Paragraph (d) is added to subsection (1) of
15 section 553.79, Florida Statutes, to read:
16 553.79 Permits; applications; issuance; inspections.—
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Bill No. CS/HB 401 (2021)
Amendment No. 1

17 (1)
18 (d) A local government may not require a contract between
19 a builder and an owner for the issuance of a building permit or
20 as a requirement for the submission of a building permit
21 application.
22 Section 3. Subsection (20) is added to section 553.791,
23 Florida Statutes, to read:
24 553.791 Alternative plans review and inspection.—
25 (20) Notwithstanding any other law, a county, a
26 municipality, a school district, or an independent special
27 district may elect to use a private provider to provide building
28 code inspection services for a public works project, an
29 improvement, a building, or any other structure that is owned by
30 the county, municipality, school district, or independent
31 special district.
32 Section 4. Paragraph (a) of subsection (8) and subsection
33 (14) of section 553.842, Florida Statutes, are amended to read:
34 553.842 Product evaluation and approval.—
35 (8) The commission may adopt rules to approve the
36 following types of entities that produce information on which
37 product approvals are based. All of the following entities,
38 including engineers and architects, must comply with a
39 nationally recognized standard demonstrating independence or no
40 conflict of interest:
41 (a) Evaluation entities approved under pursuant to this
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Bill No. CS/HB 401 (2021)
Amendment No. 1

42 paragraph or that meet the criteria for approval adopted by the
43 commission by rule. The commission shall specifically approve
44 the National Evaluation Service, the International Association
45 of Plumbing and Mechanical Officials Evaluation Service, the
46 International Code Council Evaluation Services, Underwriters
47 Laboratories, LLC, Intertek Testing Services NA, Inc., and the
48 Miami-Dade County Building Code Compliance Office Product
49 Control Division. Architects and engineers licensed in this
50 state are also approved to conduct product evaluations as
51 provided in subsection (5).
52 (14) The commission shall by rule establish criteria for
53 revocation of product approvals as well as suspension revocation
54 of approvals of product evaluation entities, including those
55 approved pursuant to paragraph (8)(a), and suspension or
56 revocation of approvals of testing laboratories, quality
57 assurance entities, certification agencies, and validation
58 entities. Suspension and revocation is governed by s. 120.60 and
59 the uniform rules of procedure.
60
61 -----------------------------------------------------
62 T I T L E A M E N D M E N T
63 Remove lines 14-18 and insert:
64 amending s. 553.79, F.S.; prohibiting a local
65 government from requiring certain contracts for the
66 issuance of a building permit; amending s. 553.791,
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Amendment No. 1

67 F.S.; authorizing certain local entities to use a
68 private provider in certain circumstances; amending s.
69 553.842, F.S.; requiring evaluation entities that meet
70 certain criteria to comply with certain standards;
71 authorizing the commission to suspend or revoke
72 certain approvals under certain circumstances;
73 amending

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 401 (2021)
Amendment No. 2

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 Drake offered the following:
3
4 Amendment (with title amendment)
5 Between lines 286 and 287, insert:
6 Section 3. Paragraph (a) of subsection (7) of section
7 553.80, Florida Statutes, is amended to read:
8 553.80 Enforcement.—
9 (7)(a) The governing bodies of local governments may
10 provide a schedule of reasonable fees, as authorized by s.
11 125.56(2) or s. 166.222 and this section, for enforcing this
12 part. These fees, and any fines or investment earnings related
13 to the fees, shall be used solely for carrying out the local
14 government's responsibilities in enforcing the Florida Building
15 Code. When providing a schedule of reasonable fees, the total
16 estimated annual revenue derived from fees, and the fines and
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Amendment No. 2

17 investment earnings related to the fees, may not exceed the
18 total estimated annual costs of allowable activities. Any
19 unexpended balances shall be carried forward to future years for
20 allowable activities or shall be refunded at the discretion of
21 the local government. A local government may not carry forward
22 an amount exceeding the average of its operating budget for
23 enforcing the Florida Building Code for the previous 4 fiscal
24 years. For purposes of this subsection, the term "operating
25 budget" does not include reserve amounts. Any amount exceeding
26 this limit must be used as authorized in subparagraph 2.
27 However, a local government which established, as of January 1,
28 2019, a Building Inspections Fund Advisory Board consisting of
29 five members from the construction stakeholder community and
30 carries an unexpended balance in excess of the average of its
31 operating budget for the previous 4 fiscal years may continue to
32 carry such excess funds forward upon the recommendation of the
33 advisory board. The basis for a fee structure for allowable
34 activities shall relate to the level of service provided by the
35 local government and shall include consideration for refunding
36 fees due to reduced services based on services provided as
37 prescribed by s. 553.791, but not provided by the local
38 government. Fees charged shall be consistently applied.
39 1. As used in this subsection, the phrase "enforcing the
40 Florida Building Code" includes the direct costs and reasonable
41 indirect costs associated with review of building plans,
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Amendment No. 2

42 building inspections, reinspections, and building permit
43 processing; building code enforcement; and fire inspections
44 associated with new construction. The phrase may also include
45 training costs associated with the enforcement of the Florida
46 Building Code and enforcement action pertaining to unlicensed
47 contractor activity to the extent not funded by other user fees.
48 2. A local government must use any excess funds that it is
49 prohibited from carrying forward to rebate and reduce fees, or
50 pay for the construction of a building or structure that houses
51 a local government’s building code enforcement agency or
52 provides training programs for building officials, inspectors,
53 or plans examiners associated with the enforcement of the
54 Florida Building Code. Excess funds used to construct such a
55 building or structure must be designated for such purpose by the
56 local government and may not be carried forward for more than 4
57 consecutive years.
58 3. The following activities may not be funded with fees
59 adopted for enforcing the Florida Building Code:
60 a. Planning and zoning or other general government
61 activities.
62 b. Inspections of public buildings for a reduced fee or no
63 fee.
64 c. Public information requests, community functions,
65 boards, and any program not directly related to enforcement of
66 the Florida Building Code.
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Amendment No. 2

67 d. Enforcement and implementation of any other local
68 ordinance, excluding validly adopted local amendments to the
69 Florida Building Code and excluding any local ordinance directly
70 related to enforcing the Florida Building Code as defined in
71 subparagraph 1.
72 4. A local government shall use recognized management,
73 accounting, and oversight practices to ensure that fees, fines,
74 and investment earnings generated under this subsection are
75 maintained and allocated or used solely for the purposes
76 described in subparagraph 1.
77 5. The local enforcement agency, independent district, or
78 special district may not require at any time, including at the
79 time of application for a permit, the payment of any additional
80 fees, charges, or expenses associated with:
81 a. Providing proof of licensure pursuant to chapter 489;
82 b. Recording or filing a license issued pursuant to this
83 chapter;
84 c. Providing, recording, or filing evidence of workers'
85 compensation insurance coverage as required by chapter 440; or
86 d. Charging surcharges or other similar fees not directly
87 related to enforcing the Florida Building Code.
88
89 -----------------------------------------------------
90 T I T L E A M E N D M E N T
91 Remove line 16 and insert:
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Bill No. CS/HB 401 (2021)
Amendment No. 2

92 issuance of a building permit; amending s. 553.80,
93 F.S.; revising requirements for the expenditure of
94 certain unexpended revenue; amending s. 553.842,

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CS/HB 491
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 491 Florida Real Estate Appraisal Board
SPONSOR(S): Regulatory Reform Subcommittee, Melo and others
TIED BILLS: IDEN./SIM. BILLS: SB 346

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee 15 Y, 0 N, As CS Thompson Anstead

2) Commerce Committee Thompson Hamon

SUMMARY ANALYSIS
The Florida Real Estate Appraisal Board (Board) within the Department of Business and Professional
Regulation (DBPR) regulates real estate appraisers under of ch. 475, part II, F.S. The Board, through its rules,
is authorized to:
 Regulate the issuance of licenses, certifications, registrations, and permits;
 Discipline appraisers;
 Establish qualifications for licenses, certifications, registrations, and permits;
 Regulate approved courses;
 Establish standards for real estate appraisals; and
 Establish standards for and regulate supervisory appraisers.

The Board consists of nine members, each appointed by the Governor and subject to confirmation by the
Senate. The Governor may remove any Board member for cause. The membership includes:
 Four members who are real estate appraisers who have been engaged in the general practice of
appraising real property in this state for at least 5 years immediately preceding appointment;
 Two members who represent the appraisal management industry;
 One member who represents organizations that use appraisals for the purpose of eminent domain
proceedings, financial transactions, or mortgage insurance; and
 Two members who represent the general public and are not connected in any way with the practice of
real estate appraisal.

The bill revises the membership of the Board as follows:
 Decreases the number of Board members who represent the appraisal management industry from two
members to one.
 Increases the number of Board members who represent the general public from two members to three.

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

The effective date of the PCS is November 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0491a.COM
DATE: 4/12/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

The Florida Real Estate Appraisal Board (Board)1 within the Department of Business and Professional
Regulation (DBPR) regulates real estate appraisers under of ch. 475, part II, F.S. The Board, through
its rules, is authorized to:
 Regulate the issuance of licenses, certifications, registrations, and permits;
 Discipline appraisers;
 Establish qualifications for licenses, certifications, registrations, and permits;
 Regulate approved courses;
 Establish standards for real estate appraisals; and
 Establish standards for and regulate supervisory appraisers.2

According to the most recent data, there are 6,655 active certified real estate appraisers,3 and 219
active real estate appraisal management companies, in the state.4

The Board consists of nine members, each appointed by the Governor and subject to confirmation by
the Senate. The Governor may remove any Board member for cause. The membership includes:
 Four members who are real estate appraisers who have been engaged in the general practice
of appraising real property in this state for at least 5 years immediately preceding appointment;
 Two members who represent the appraisal management industry;
 One member who represents organizations that use appraisals for the purpose of eminent
domain proceedings, financial transactions, or mortgage insurance; and
 Two members who represent the general public and are not connected in any way with the
practice of real estate appraisal.5

Members of the Board are appointed for four-year terms, and may not be appointed for more than two
consecutive terms. The headquarters of the Board is in Orlando, Florida. The Board must meet at least
once each calendar quarter to conduct its business. Members must elect a chairperson at the first
meeting each year.6 Each member of the Board is entitled to per diem and travel expenses as set by
legislative appropriation for each day that the member engages in the business of the Board.7

There is currently one vacancy on the Board.8 There are two members with current appointments
expiring October 31, 2021 and six continue to hold office through the expiration of their term, including
both public members and both appraisal management industry representatives.9

1
The Florida Real Estate Commission regulates real estate agents, associates, and schools, has 293,012 active licensees, and consists
of seven members.
2
S. 475.613(2), F.S.
3
Department of Business and Professional Regulation, Annual Report, Divisions of Professions, Certified Public
Accounting, Real Estate, and Regulation, Fiscal Year 2018-2019,
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY1819.pdf , at page 19 (last visited
Mar. 17, 2021).
4
Email from Colton Madill, Deputy Legislative Affairs Director, Department of Business and Professional Regulation, RE: Real
Estate Appraisal Management Companies, (Mar. 22, 2021).
5
S. 475.613(1), F.S.
6
Id.
7
Id.
8
Department of Business and Professional Regulation, REAL ESTATE APPRAISAL – BOARD INFORMATION
http://www.myfloridalicense.com/DBPR/real-estate-appraisal-board/board-information/#1509044906969-7080e654-a662 (last visited
March 8, 2021).
9
Id.
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In 2010, the membership of the Board was increased from seven members to nine members with the
addition of two members representing the appraisal management industry, based on the state’s
adoption of the policy to include the licensing and regulation of appraisal management companies with
real estate appraisers. Appraisal management companies are business entities that administer
networks of independent appraisers to fulfill real estate appraisal assignments on behalf of lenders and
were not regulated in Florida before 2010.10

Proposed Changes

The bill revises the membership of the Board as follows:
 Decreases the number of Board members who represent the appraisal management industry
from two members to one.
 Increases the number of Board members who represent the general public from two members
to three.

B. SECTION DIRECTORY:
Section 1: Amends s. 475.613, F.S., relating to the Florida Real Estate Appraisal Board.

Section 2: 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:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

10
Chapter 2010-84, Laws of Fla.
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DATE: 4/12/2021
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:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

On March 24, 2021, the Regulatory Reform Subcommittee adopted a proposed committee substitute
(PCS) and reported the bill favorably as a committee substitute. The PCS differed from HB 491 in the
following ways:
 Increased the number of Board members who are members of the general public from two
members to three.
 Decreased the number of Board members who represent the appraisal management industry from
two members to one.

This analysis is drafted to the committee substitute as passed by the Regulatory Reform Subcommittee.

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DATE: 4/12/2021
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 491 2021

1 A bill to be entitled
2 An act relating to the Florida Real Estate Appraisal
3 Board; amending s. 475.613, F.S.; revising the
4 composition of the board; providing an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Subsection (1) of section 475.613, Florida
9 Statutes, is amended to read:
10 475.613 Florida Real Estate Appraisal Board.—
11 (1) There is created the Florida Real Estate Appraisal
12 Board, which shall consist of nine members appointed by the
13 Governor, subject to confirmation by the Senate. Four members of
14 the board must be real estate appraisers who have been engaged
15 in the general practice of appraising real property in this
16 state for at least 5 years immediately preceding appointment. In
17 appointing real estate appraisers to the board, while not
18 excluding other appraisers, the Governor shall give preference
19 to real estate appraisers who are not primarily engaged in real
20 estate brokerage or mortgage lending activities. One member Two
21 members of the board must represent the appraisal management
22 industry. One member of the board must represent organizations
23 that use appraisals for the purpose of eminent domain
24 proceedings, financial transactions, or mortgage insurance.
25 Three Two members of the board must represent shall be

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hb0491-01-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 491 2021

26 representatives of the general public and may shall not be
27 connected in any way with the practice of real estate appraisal.
28 The appraiser members shall be as representative of the entire
29 industry as possible, and membership in a nationally recognized
30 or state-recognized appraisal organization may shall not be a
31 prerequisite to membership on the board. To the extent possible,
32 no more than two members of the board shall be primarily
33 affiliated with any one particular national or state appraisal
34 association. Two of the members must be licensed or certified
35 residential real estate appraisers and two of the members must
36 be certified general real estate appraisers at the time of their
37 appointment.
38 (a) Members of the board shall be appointed for 4-year
39 terms. Any vacancy occurring in the membership of the board
40 shall be filled by appointment by the Governor for the unexpired
41 term. Upon expiration of her or his term, a member of the board
42 shall continue to hold office until the appointment and
43 qualification of the member's successor. A member may not be
44 appointed for more than two consecutive terms. The Governor may
45 remove any member for cause.
46 (b) The headquarters for the board shall be in Orlando.
47 (c) The board shall meet at least once each calendar
48 quarter to conduct its business.
49 (d) The members of the board shall elect a chairperson at
50 the first meeting each year.

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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 491 2021

51 (e) Each member of the board is entitled to per diem and
52 travel expenses as set by legislative appropriation for each day
53 that the member engages in the business of the board.
54 Section 2. This act shall take effect November 1, 2021.

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hb0491-01-c1
CS/HB 585
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 585 Payment for Construction Services
SPONSOR(S): Regulatory Reform Subcommittee, DiCeglie
TIED BILLS: IDEN./SIM. BILLS: CS/SB 378

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee 17 Y, 0 N, As CS Brackett Anstead

2) Civil Justice & Property Rights Subcommittee 14 Y, 0 N Mawn Jones

3) State Administration & Technology 12 Y, 0 N Helpling Topp
Appropriations Subcommittee

4) Commerce Committee Brackett Hamon

SUMMARY ANALYSIS
Current law requires prompt payments to parties for construction services, and requires interest to accrue on
amounts owed for construction services if the state, a local government, or a private party fails to timely make
payments for such services. The calculation of interest is set by statute or determined by the contract. Interest
also accrues on amounts owed if a contractor receives payment for labor, services, or materials and fails to
make timely payments under the contract obligations for such labor, services, or materials.

If a person receives payment for labor, services, or materials for construction work on private real property and
knowingly and intentionally fails to make undisputed payments under the contract obligations for labor,
services, or materials, the person commits misapplication of construction funds. Misapplication of construction
funds is a felony, the degree of which is determined by the amount of unpaid funds.

Construction contractors are certified by or registered with the Construction Industry Licensing Board (CILB)
housed within the Department of Business and Professional Regulation. Certified contractors can practice
statewide and are licensed and regulated by the CILB. Registered contractors are licensed and regulated by a
local jurisdiction and may practice within that locality.

The bill:
 Increases the interest rate from 1 percent per month to 1.5 percent per month for untimely payments
for construction services by the state or local governments;
 Increases the interest rate for untimely payments for private construction services from the interest rate
payable on judgments to the interest rate payable on judgments plus 1 percent per annum;
 Provides that a party who receives payment from the state, any local government, or public authority for
a public works construction project that knowingly and intentionally fails to pay the undisputed contract
obligations to another party commits misapplication of construction funds;
 Clarifies that the CILB may discipline a contractor for committing misapplication of construction funds;
and
 Requires the CILB to suspend a contractor’s licenses for a minimum of one year if the CILB determines
the contractor committed misapplication of construction funds.

The bill applies to contracts executed on or after July 1, 2021.

The bill may have an indeterminate negative fiscal impact on state and local governments. See Fiscal
Comments.

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:
Prompt Payment Act for Local Governments – Current Situation

Part VII of ch. 218, F.S., is known as the “Local Government Prompt Payment Act” (“Act”). The purpose
of the Act is to provide for prompt payments by local governments, apply interest on late payments
made by local governments, and establish a dispute resolution process for contested payments.1 The
Act defines “local government entity,” as a county or municipal government, school board, school
district, authority, special taxing district, other political subdivision, or any office, board, bureau,
commission, department, branch, division, or institution thereof.2

Current law provides that when a local government entity enters into a contract for construction
services3 with a contractor,4 the local government entity must identify the agent,5 employee, facility, or
office who is to receive the contractor’s payment request or invoices.6 Every local government entity
must establish procedures so that every payment request or invoice received by the local government
entity is marked as received on the date on which it is delivered to an agent or employee of the local
government entity, or a facility or office of the local governmental entity.7

When a contractor submits a payment request or invoice, the local government entity must make the
payment within:8

 25 business days after the date on which the payment request or invoice is stamped, if an agent
must approve the invoice before it is submitted to the entity for payment;
 20 business days after the date the payment request or invoice is stamped, if an agent is not
required to approve the invoice.

If payment is not received by the due date, the contractor may send an overdue notice to the local
government entity. Four business days after overdue notice delivery, if the invoice is not rejected, the
invoice will be considered undisputed, except for any amounts that are fraudulent or misleading.9

If the payment request or invoice does not meet the contract requirements, the local government entity
must provide the contractor with a written rejection specifying the deficiency and any action needed to
rectify it, within 20 business days of receipt of the payment request or invoice.10

If a contractor submits a corrected payment request or invoice, the local government entity must pay or
dispute the request within:11

 Ten business days after the date the corrected payment request or invoice is stamped as
received; or

1
Id.
2
S. 218.72(5), F.S.
3
“Construction services” is defined as all labor, services, and materials provided in connection with the construction, alteration,
repair, demolition, reconstruction, or other improvements to real property. S. 218.72(2), F.S.
4
“Contractor” means the person who contracts directly with a local governmental entity to provide construction services.” S.
218.72(3), F.S.
5
“Agent” means the project architect, project engineer, or other agency or person acting on behalf of the local governmental entity. S.
218.72, F.S.
6
S. 218.735(1), F.S.
7
S. 218.74(1), F.S.
8
S. 218.72(1), F.S.
9
S. 218.735(1), F.S.
10
S. 218.735(2), F.S.
11
S. 218.735(3), F.S.
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 The first business day after the local government entity’s next regularly scheduled meeting, if
the local governmental entity is required by ordinance, charter, or other law to approve or reject
the corrected payment request or invoice.

If a local government entity cannot resolve a dispute with the contractor, the dispute must be resolved
by the dispute resolution procedure established in the contract or by the local government entity.12

When payment is received by a contractor from a local government entity for labor, services, or
materials furnished by subcontractors or suppliers, the payment is due to those subcontractors and
suppliers within 10 days of the contractor receiving the payment from the local government entity.13

If a subcontractor utilizes sub-subcontractors or suppliers, payment to those parties is due within 7 days
of the subcontractor receiving payment.14 Contractors and subcontractors may dispute a party’s invoice
as long as the contractor or subcontractor notifies the party in writing of the amount in dispute and the
actions required to resolve the dispute. However, any undisputed amounts must be paid within the
required time periods.15

Any payment for construction services that is not made within the required time period accrues interest
at a rate of 1 percent per month, or the rate specified by contract, whichever is greater. A local
government entity may not prohibit late interest charges in a contract with a vendor or provider of
construction services.16 In an action to recover amounts due for construction services purchased by a
local government entity, a court must award court costs and reasonable attorney fees to the prevailing
party.17

Prompt Payment Act for Local Governments – Effect of the Bill

The bill increases the interest rate for untimely payments for local government construction services to
1.5 percent per month, or the rate specified by contract, whichever is greater.

Prompt Payment Act for State Construction Projects – Current Situation

Sections 255.0705 - 255.078, F.S., are known as the Florida Prompt Payment Act. The act governs the
timely payment for construction services18 by a public entity, except construction services for the
Department of Transportation.19 Public entity means the state, or any office, board, bureau,
commission, department, branch, division, or institution thereof.20

Every public entity must establish procedures so that every payment request or invoice from a
contractor,21 which is received by the public entity, is marked as received on the date on which it is
delivered to an agent,22employee, facility, or office of the local governmental entity.23

12
S. 218.735(4), F.S.
13
S. 218.735(6), F.S.
14
Id.
15
Id.
16
Ss. 218.735(9), and 218.75, F.S.
17
S. 218.76(3), F.S.
18
“Construction Services” means all labor, services, and materials provided in connection with the construction, alteration, repair,
demolition, reconstruction, or any other improvements to real property. The term “construction services” does not include contracts or
work performed for the Department of Transportation. S. 255.072(2), F.S.
19
S. 255.072(2), F.S.
20
S. 255.072(5), F.S.
21
“Contractor” means any person who contracts directly with a public entity to provide construction services. S. 255.072(3), F.S.
22
“Agent” means project architect, project engineer, or any other agency or person acting on behalf of a public entity. S. 255.072(1),
F.S.
23
S. 255.074(1), F.S.
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Upon receipt of a contractor’s invoice or payment, a public entity must maintain the date of:24

 Receipt of the invoice or payment;
 Receipt of the provided goods and services; and
 Inspection and approval of the goods and services.

Approval and inspection of goods or services may take no longer than 5 working days unless the bid
specifications, purchase order, or contract specifies otherwise. The latter of these days is the “prompt
pay start date.”25

The public entity must submit the contractor’s invoice or payment request, the entity’s receipt of the goods
and services, and its inspection and approval of the goods or services to the Chief Financial Officer
(CFO). The CFO is a member of the Cabinet and serves as the chief fiscal officer of the state and agency
head of the Department of Financial Services (DFS).26 The public entity must submit this information
within 20 days of the prompt pay start date.27

Upon receipt of the contractor’s invoice or payment, DFS must approve or deny the payment application
within 10 days, unless exceptional circumstances require a longer period. If the 10-day period contains
fewer than 6 business day, DFS may approve or deny the payment within 6 business days.28 If payment
is not issued within 40 days of the prompt payment start date, interest begins to accrue.29

A public entity may dispute any payment but must pay any undisputed amounts. Disputes must be
resolved in accordance with rules developed and adopted by the Chief Justice for the judicial branch,
and rules adopted by the Department of Financial Services or in a formal administrative proceeding
before an administrative law judge of the Division of Administrative Hearings for state agencies.30

When payment is received by a contractor from a public entity for labor, services, or materials furnished
by subcontractors or suppliers, the payment is due to those subcontractors and suppliers within 10
days of the contractor receiving the payment from the local government entity.31 If a subcontractor
utilizes sub-subcontractors or suppliers, payment to those parties is due within 7 days of the
subcontractor receiving payment.32 Contractors and subcontractors may dispute a party’s invoice as
long as the contractor or subcontractor notifies the party in writing of the amount in dispute and the
actions required to resolve the dispute. The actions required to rectify the dispute must be included in
the rejection. However, any undisputed amounts are required to be paid within the outlined time limits.33

In an action to recover amounts due for construction services purchased by a public entity, a court must
award court costs and reasonable attorney fees, if the court finds that the nonprevailing party withheld
any portion of the payment that is the subject of the action without any reasonable basis in law or fact to
dispute the prevailing party’s claim to those amounts.34

Any payment for construction services that is not made within the required time period accrues interest
at a rate of 1 percent per month.35 A public entity may not prohibit late interest charges in a contract
with a vendor or provider of construction services.36

24
Ss. 215.422(1) and (3), F.S.; Chief Financial Officer, Payment Processing October 2013,
https://www.myfloridacfo.com/Division/aa/documents/2013-PaymentProcessOverviewFinal.pdf (last visited Mar. 23, 2021).
25
Id.
26
Art. IV, s. 4, Fla. Const.; Ch. 17, F.S.
27
S. 215.422(1), F.S.
28
Ss. 215.422(1) and (2), F.S.
29
S. 215.422(3), F.S.
30
Ss. 215.422(3), and 255.073(2), F.S.
31
S. 255.073(3), F.S.
32
Id.
33
S. 255.073(3), F.S.
34
S. 255.076, F.S.
35
S. 255.073(4), F.S.
36
S. 255.075, F.S.
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Prompt Payment Act for State Construction Projects – Effect of the Bill

The bill increases the interest rate for untimely payments for state construction services to 1.5 percent
per month.

Prompt Payment Law for Private Construction Projects – Current Situation

Section 715.12, F.S., is the Construction Contract Prompt Payment Law. It defines an “obligor” as an
owner, contractor, subcontractor, or sub-subcontractor who has an obligation to make payments under
a written construction contract. It defines an “obligee” as a contractor, subcontractor, sub-subcontractor,
or materialman who is entitled to receive payments under a written construction contract.37

An obligee is entitled to payment for his or her construction services, labor, or materials when all of the
following have occurred:38

 The obligee is entitled to payment at the time and under the terms specified in the contract
between the obligor and the obligee;
 The obligee has furnished the obligor with a written request for payment;
 The obligor, except an owner, has been paid for the obligee’s labor, services, or materials
described in the obligee’s request for payment by the person immediately above the obligor in
the chain of contracts; and
 The obligee has furnished the obligor with all affidavits or waivers required for the owner to
make proper payments under the construction lien law.39

Beginning 14 days after a payment is due, any payment, except payments withheld pursuant to a good
faith dispute or retained in accordance with the contract, bears interest at the rate of interest payable on
judgments or the rate specified in the contract, whichever is greater.40 An obligee may not waive the
right to receive interest before a payment is due under a contract subject to this section. However, an
obligee may waive the interest due on any late payment on or after the date the payment is due.41

The CFO sets the rate of interest on judgments. The CFO adjusts the rate quarterly beginning January
1 and on April 1, July 1, and October 1 by averaging the discount rate of the Federal Reserve Bank of
New York for the preceding 12 months, then adding 400 basis points to the averaged federal discount
rate.42 The current interest rate is 4.81% per annum or .0131781% per day.43

Prompt Payment Law for Private Construction Projects – Effect of the Bill

The bill increases the interest rate for untimely payments for private construction services to the interest
rate payable on judgments plus 1 percent per annum, or the rate specified by contract, whichever is
greater.

Misapplication of Construction Funds – Current Situation

37
Ss. 715.12(1) and (3), F.S.
38
S. 715.12(4), F.S.
39
The construction lien law requires various notices, demands, and requests to be provided in writing to the homeowner, contractor,
subcontractor, lender, and building officials. Florida law requires that some notices, demands, and requests be in the statutory form
provided in statute, while others do not have to be in the statutory form. The following notices are required by the act: Notice of
Commencement, Notice to Owner, Claim of Lien, Notice of Termination, Waiver or Release of Lien, Notice of Contest of Lien,
Contractor’s Final Payment Affidavit, and Demands of Written Statement of Account. See Ch. 713, part I, F.S.
40
Ss. 715.12(5) and (6)(a), F.S.
41
S. 715.125(6)(d), F.S.
42
S. 55.03(1), F.S.
43
Chief Financial Officer, Current Judgment Interest Rates, https://www.myfloridacfo.com/division/aa/localgovernments/current.htm
(last visited Mar. 23, 2021).
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Current law requires any person who receives payment for performing construction work to pay any
amounts for labor, services, or materials provided for the construction work in accordance with the
contract for such labor, services, or materials, unless there is a bona fide dispute regarding the amount
due or the terms of the contract allow for retention of such funds.44

Any person who receives a payment for construction work to private or public real property must pay, in
accordance with the contract terms, the undisputed contract obligations for labor, services, or materials
provided for such construction work. If a person fails to do so within 30 days, any unpaid person
providing labor, services, or materials for improvements to real property under the contract may file a
civil complaint. Remedies for such a complaint include:45

 An accounting of the use of any such payment from the person who received such payment;
 A temporary injunction against the person who received the payment, subject to certain bond
requirements;
 Prejudgment attachment against the person who received the payment; and
 Such other legal or equitable remedies as may be appropriate.

Misapplication of construction funds is a crime committed by a person who receives payment for
performing construction work on private property and knowingly and intentionally fails to pay any
amounts owed for labor, services, or materials, in accordance with the contract terms, unless there is a
bona fide dispute regarding the amount due. Misapplication of construction funds is punishable as a:46

 First degree felony if the amount of misapplied payments has an aggregate value of $100,000
or more;
 Second degree felony if the amount of misapplied payments has an aggregate value of $1,000
or more; or
 Third degree felony if the amount of misapplied payments has an aggregate value of less than
$1,000.

There is a permissive inference that a person knowingly and intentionally misapplied construction funds
when:47

 A valid lien has been recorded against the property for labor, services, or materials;
 The person who ordered the labor, services, or materials has received sufficient funds to pay for
such labor, services, or materials; and
 The person has failed, for a period of at least 45 days from receipt of the funds, to remit
sufficient funds to pay for such labor, services, or materials, except for funds withheld pursuant
to a bona fide dispute regarding the amount due or the terms of the contract allow for retention
of such funds.

If a state attorney or statewide prosecutor files an indictment or information charging a licensed
contractor with misapplication of construction funds, the state attorney or statewide prosecutor must
provide a copy of the indictment or information to the Department of Business and Professional
Regulation (DBPR).48

DBPR must promptly open an investigation into the matter and, if probable cause is found, furnish a
copy of any investigative report to the state attorney or statewide prosecutor who provided the
indictment or information and to the owner of the property, which is the subject of the investigation.49

44
Ss. 255.071(1), and 713.346(1), F.S.
45
Ss. 255.071(4), and 713.346(4), F.S.
46
S. 713.345(1), F.S.
47
Id.
48
Id.
49
Id. DBPR has authority, for the professions under its jurisdiction, to investigate any legally sufficient complaint that is in writing.
When DBPR completes its investigation, it must prepare and submit an investigative report to the probable cause panel for the
appropriate board. If probable cause is found, DBPR must file an administrative complaint against the licensee. See 455.225, F.S.
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Contractors

The Legislature has determined that it is “necessary in the interest of the public health, safety, and
welfare” to regulate the construction industry.50

Construction contractors are either certified by or registered with the Construction Industry Licensing
Board (CILB). The CILB is housed in DBPR, and consists of 18 members who are appointed by the
Governor and confirmed by the Senate. The CILB is responsible for licensing, regulating, and
disciplining certified construction contractors.51

"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors may practice in any jurisdiction in the
state.52

“Registered contractors” are individuals that have taken and passed a local competency examination
and can practice contracting only in the local jurisdiction for which the license is issued.53 Local
jurisdictions may approve or deny applications for licensure as a registered contractor, review
disciplinary cases, and conduct informal hearings relating to discipline of registered contractors
licensed in their jurisdiction. Registered contractors must register with DBPR after obtaining a local
license and comply with local and state statutory obligations.54

The CILB may take action55 against a certified or registered contractor if they find the contractor is
guilty of violating the contractor’s practice act. Violations include:56

 Abandoning a construction project;
 Committing financial mismanagement that causes financial harm to a customer;
 Failing to perform any statutory or legal obligation placed upon a licensee;
 Falsely indicating that payment has been made for all subcontracted work, labor, and materials
which results in a financial loss to the owner, purchaser, or contractor;
 Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of
adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the
ability to practice contracting; or
 Proceeding on a job without obtaining applicable local building department permits and
inspections.

The CILB must adopt disciplinary guidelines for each disciplinary action, which they may impose. The
disciplinary guidelines must specify a meaningful range of designated penalties based upon the
severity and repetition of specific offenses, it being the Legislature’s intent that minor violations be
distinguished from those which endanger the public health, safety, or welfare.57

Misapplication of construction funds is not expressly enumerated in the list of practice act violations for
construction contractors. However, according to DBPR, misapplication of construction funds may fall
under the following violations:58

50
s. 489.101, F.S.
51
See generally Ch. 489, Part I, F.S.
52
S. 489.105, F.S.
53
S. 489.103, F.S.
54
Ss. 489.117, and 489.131, F.S.
55
The CILB may place a contractor on probation, reprimand him or her, revoke or suspend the contractor’s certificate or registration,
or deny the issuance of a renewal certificate or registration. The CILB may also require financial restitution to a consumer for
financial harm directly related to a violation, require continuing education, or assess costs associated with investigation and
prosecution. S. 489.129(1), F.S.
56
Ss. 455.227(1)(k), and 489.129(1)(o), F.S.
57
S. 455.2273(1), F.S.
58
Email from Vicky Summerhill, Department of Business and Professional Regulation, FW: HB 585 Construction Services, (Feb. 22,
2021).
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 Committing financial mismanagement that causes financial harm to a customer;
 Failing to perform any statutory or legal obligation placed upon a licensee; or
 Falsely indicating that payment has been made for all subcontracted work, labor, and materials
which results in a financial loss to the owner, purchaser, or contractor.

According to DBPR, if a contractor is convicted of misapplication of construction funds, the CILB would
most likely be able to take action against them for being convicted or found guilty of, or entering a plea
of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the
practice of contracting or the ability to practice contracting.59

Misapplication of Construction Funds – Effect of the Bill

The bill provides that a party who receives payment from the state, any county, city, or political
subdivision, or other public authority for a public works construction project and who knowingly and
intentionally fails to pay the undisputed contract obligations to another party for labor, services, or
materials, commits misapplication of construction funds.

The bill clarifies that the CILB may discipline a contractor for committing misapplication of construction
funds. The bill also provides that if the CILB finds a contractor guilty of misapplication of construction
funds, the CILB must suspend all of the person’s construction contractor licenses for a minimum of one
year from the date of conviction. However, this does not prohibit the CILB from imposing additional
penalties.

The bill also specifies that a person subject to a civil action for failing to pay undisputed contract
obligations commits misapplication of construction funds.

The bill provides an effective date of July 1, 2021.

The bill provides that it applies to contracts executed on or after July 1, 2021.

B. SECTION DIRECTORY:
Section 1. Amends s. 218.735, F.S., relating to timely payment for construction services for local
government entities.

Section 2. Amends s. 255.071, F.S., relating to payment of subcontractors, sub-subcontractors,
materialmen, and suppliers on construction projects for public projects.

Section 3. Amends s. 255.073, F.S., relating to timely payment for purchases of construction
services for the state.

Section 4. Amends s. 489.129, F.S., relating to discipline for licensed contractors.

Section 5. Amends s. 713.345, F.S., relating to misapplication of construction funds.

Section 6. Amends s. 713.346, F.S., relating to payment on construction contracts for private
property.

Section 7. Amends s. 715.12, F.S., relating to timely payments for construction services for private
parties.

Section 8. Reenacting s. 218.76, F.S., relating to improper payment requests or invoices for
construction services for local government entities.

59
Id.
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Section 9. Reenacting s. 255.075, F.S., relating to mandatory interest for construction services for
the state.

Section 10. Providing that the bill applies to contracts executed on or after July 1, 2021.

Section 11. Providing an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may decrease the amount of untimely payments to contractors, subcontractors, sub-
subcontractors, and material suppliers.

D. FISCAL COMMENTS:
Increasing the interest amount for late payments from 1 percent to 1.5 percent may have a negative
fiscal impact on the state and local governments. However, the impact will vary depending on the
amount that is outstanding and the duration of the outstanding payments. Any fiscal impact will only
apply to payments not paid on time, as required by statute.

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 increases the amount of interest local governments have to pay for untimely
payments for construction services. This may result in additional expenditures to comply with the
statute. However, an exemption may apply because the fiscal impact is likely to be insignificant since
local governments already have to pay interest for untimely payments for construction services.

2. Other:
None.
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B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 2, 2021, the Regulatory Reform Subcommittee adopted a strike-all amendment and reported the
bill favorably as a committee substitute. The committee substitute:
 Increases the interest rate from 1 percent per month to 1.5 percent per month, for untimely
payments for construction services by the state or local governments, instead of the original bill’s
provision increasing the interest rate to 2 percent per month.
 Clarifies that the bill’s provision increasing the interest rate for untimely payments for private
construction services from the interest rate payable on judgments to the interest rate payable on
judgments plus 1 percent, means 1 percent per year.

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 585 2021

1 A bill to be entitled
2 An act relating to payment for construction services;
3 amending s. 218.735, F.S.; increasing the interest
4 rate for certain payments for purchases of
5 construction services; amending s. 255.071, F.S.;
6 specifying that a person, firm, or corporation who
7 fails to make certain payments relating to public
8 projects commits a misapplication of construction
9 funds and is subject to criminal penalties; amending
10 s. 255.073, F.S.; increasing the interest rate for
11 overdue payments for the purchase of construction
12 services; amending s. 489.129, F.S.; expanding the
13 list of actions for which a licensee may be
14 disciplined by the Construction Industry Licensing
15 Board; requiring the board to suspend certain licenses
16 for a minimum period of time under certain
17 circumstances; providing construction; amending s.
18 713.345, F.S.; specifying that a contractor,
19 subcontractor, sub-subcontractor, or other person
20 licensed under ch. 489, F.S., is subject to certain
21 discipline if convicted of misapplication of
22 construction funds; amending s. 713.346, F.S.;
23 specifying that a person, firm, or corporation who
24 fails to make certain payments relating to
25 construction contracts commits a misapplication of

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26 construction funds and is subject to criminal
27 penalties; amending s. 715.12, F.S.; increasing the
28 interest rate for certain payments due under the
29 Construction Contract Prompt Payment Law; conforming a
30 provision to changes made by the act; reenacting s.
31 218.76(2)(b), F.S., relating to improper payment
32 requests or invoices, to incorporate the amendment
33 made by this act to s. 218.735, F.S., in a reference
34 thereto; reenacting s. 255.075, F.S., relating to
35 mandatory interest, to incorporate the amendment made
36 by this act to s. 255.073, F.S., in a reference
37 thereto; providing applicability; providing an
38 effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Subsection (9) of section 218.735, Florida
43 Statutes, is amended to read:
44 218.735 Timely payment for purchases of construction
45 services.—
46 (9) All payments due under this section and not made
47 within the time periods specified by this section shall bear
48 interest at the rate of 1.5 1 percent per month, or the rate
49 specified by contract, whichever is greater.
50 Section 2. Subsection (1) of section 255.071, Florida

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51 Statutes, is amended to read:
52 255.071 Payment of subcontractors, sub-subcontractors,
53 materialmen, and suppliers on construction contracts for public
54 projects.—
55 (1) Any person, firm, or corporation who receives a
56 payment from the state or any county, city, or political
57 subdivision of the state, or other public authority, for the
58 construction of a public building, for the prosecution and
59 completion of a public work, or for repairs upon a public
60 building or public work shall pay, in accordance with the
61 contract terms, the undisputed contract obligations for labor,
62 services, or materials provided on account of such improvements.
63 A person, firm, or corporation who knowingly and intentionally
64 fails to make the payment required under this subsection commits
65 a misapplication of construction funds, punishable as provided
66 in s. 713.345.
67 Section 3. Subsection (4) of section 255.073, Florida
68 Statutes, is amended to read:
69 255.073 Timely payment for purchases of construction
70 services.—
71 (4) All payments due for the purchase of construction
72 services and not made within the applicable time limits shall
73 bear interest at the rate of 1.5 specified in s. 215.422. After
74 July 1, 2006, such payments shall bear interest at the rate of 1
75 percent per month, to the extent that the Chief Financial

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76 Officer's replacement project for the state's accounting and
77 cash management systems is operational for the particular
78 affected public entity. After January 1, 2007, all such payments
79 due from public entity shall bear interest at the rate of 1
80 percent per month.
81 Section 4. Paragraph (r) is added to subsection (1) of
82 section 489.129, Florida Statutes, to read:
83 489.129 Disciplinary proceedings.—
84 (1) The board may take any of the following actions
85 against any certificateholder or registrant: place on probation
86 or reprimand the licensee, revoke, suspend, or deny the issuance
87 or renewal of the certificate or registration, require financial
88 restitution to a consumer for financial harm directly related to
89 a violation of a provision of this part, impose an
90 administrative fine not to exceed $10,000 per violation, require
91 continuing education, or assess costs associated with
92 investigation and prosecution, if the contractor, financially
93 responsible officer, or business organization for which the
94 contractor is a primary qualifying agent, a financially
95 responsible officer, or a secondary qualifying agent responsible
96 under s. 489.1195 is found guilty of any of the following acts:
97 (r) Committing misapplication of construction funds in
98 violation of s. 713.345. If a contractor, subcontractor, sub-
99 subcontractor, or other person licensed by the board under this
100 chapter is convicted of misapplication of construction funds,

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101 the board must suspend all licenses issued to such licensee
102 under this part for a minimum of 1 year from the date of
103 conviction. The suspension required under this paragraph is not
104 exclusive, and the board may impose any additional penalties set
105 forth in this subsection.
106
107 For the purposes of this subsection, construction is considered
108 to be commenced when the contract is executed and the contractor
109 has accepted funds from the customer or lender. A contractor
110 does not commit a violation of this subsection when the
111 contractor relies on a building code interpretation rendered by
112 a building official or person authorized by s. 553.80 to enforce
113 the building code, absent a finding of fraud or deceit in the
114 practice of contracting, or gross negligence, repeated
115 negligence, or negligence resulting in a significant danger to
116 life or property on the part of the building official, in a
117 proceeding under chapter 120.
118 Section 5. Paragraph (e) is added to subsection (1) of
119 section 713.345, Florida Statutes, to read:
120 713.345 Moneys received for real property improvements;
121 penalty for misapplication.—
122 (1)
123 (e) If a contractor, subcontractor, sub-subcontractor, or
124 other person who is licensed under chapter 489 is convicted of
125 misapplication of construction funds under this section, the

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126 licensee is subject to discipline under s. 489.129(1)(r).
127 Section 6. Subsection (1) of section 713.346, Florida
128 Statutes, is amended to read:
129 713.346 Payment on construction contracts.—
130 (1) Any person who receives a payment for constructing or
131 altering permanent improvements to real property shall pay, in
132 accordance with the contract terms, the undisputed contract
133 obligations for labor, services, or materials provided on
134 account of such improvements. A person, firm, or corporation who
135 knowingly and intentionally fails to make the payment required
136 under this subsection commits a misapplication of construction
137 funds, punishable as provided in s. 713.345.
138 Section 7. Paragraph (a) of subsection (5) and paragraph
139 (a) of subsection (6) of section 715.12, Florida Statutes, are
140 amended, and subsections (4) and (7) of that section are
141 republished, to read:
142 715.12 Construction Contract Prompt Payment Law.—
143 (4) An obligor must pay an obligee with whom the obligor
144 has a contract when all of the following events have occurred:
145 (a) The obligee is entitled to a payment at the time and
146 under the terms specified in the contract between the obligor
147 and the obligee, and the obligee has furnished the obligor with
148 a written request for payment; and
149 (b) The obligor, except an owner, has been paid for the
150 obligee's labor, services, or materials described in the

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151 obligee's request for payment by the person immediately above
152 the obligor in the chain of contracts; and
153 (c) The obligee has furnished the obligor with all
154 affidavits or waivers required for the owner to make proper
155 payments under s. 713.06.
156 (5)(a) Any payment due under the provisions of subsection
157 (4), excluding any amounts withheld pursuant to subsection (7),
158 shall bear interest at the rate specified in s. 55.03 plus 1
159 percent per annum, computed beginning on the 14th day after
160 payment is due pursuant to subsection (4).
161 (6)(a) The right to receive interest on a payment under
162 this section is not an exclusive remedy. This section does not
163 modify the remedies available to any person under the terms of a
164 contract or under any other statute. This section does not
165 modify the rights of any person to recover prejudgment interest
166 awarded to the prevailing party in any civil action or
167 arbitration case. During the period that interest accrues under
168 this section, the interest rate shall be the rate specified in
169 s. 55.03 plus 1 percent per annum or the rate specified in the
170 contract, whichever is greater. A person shall not be entitled
171 to receive both the contract interest and the statutory interest
172 specified in this section.
173 (7)(a) An owner and a contractor may agree to a provision
174 that allows the owner to withhold a portion of each progress
175 payment until substantial completion of the entire project. The

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176 owner shall pay the contractor the balance of the contract
177 price, including the amounts withheld from the progress
178 payments, within 14 days after any of the following events
179 occur.
180 1. Pursuant to the terms of the contract, an architect or
181 engineer certifies that the project is substantially complete
182 and, within the time provided in the contract between the owner
183 and the contractor, the owner submits a written punchlist to the
184 contractor and the contractor substantially completes all of the
185 items on the punchlist.
186 2. The issuance of a certificate of occupancy for the
187 project, and within the time provided in the contract between
188 the owner and the contractor, the owner submits a written
189 punchlist to the contractor and the contractor substantially
190 completes all of the items on the punchlist.
191 3. The owner or a tenant of the owner takes possession of
192 the construction project and, within the time provided in the
193 contract between the owner and the contractor, the owner submits
194 a written punchlist to the contractor and the contractor
195 substantially completes all of the items on the punchlist.
196
197 Any funds retained by the owner beyond the time period specified
198 in this subsection shall accrue interest at the rate specified
199 in subsection (5), computed from the date the payment is due to
200 the date the payment is received by the contractor. If the

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201 contract between the owner and the contractor does not provide a
202 time period for the owner to submit a written punchlist to the
203 contractor, the time period shall be 15 days from the issuance
204 of the certificate of substantial completion, the issuance of
205 the certificate of occupancy, or the date the owner or the
206 owner's tenant takes possession of the project, whichever first
207 occurs. If no written punchlist is given to the contractor
208 within the time provided in this subsection, interest begins to
209 accrue 14 days after the issuance of the certificate of
210 substantial completion, the issuance of the certificate of
211 occupancy, or the date the owner or the owner's tenant takes
212 possession of the project, whichever first occurs. For
213 construction projects that are to be built in phases, this
214 subsection applies to each phase of the total project. The
215 contract between the owner and the contractor may specify a
216 shorter time period for disbursing all or any portion of the
217 final payment and the retainage.
218 (b) Except as provided in paragraph (a), an obligor and
219 obligee may agree to a provision that allows the obligor to
220 withhold a portion of each progress payment until completion of
221 the entire project. The amounts withheld shall bear interest 14
222 days after payment of such amounts are due under the terms of
223 the contract between the obligor and obligee and the other
224 requirements of subsection (4) have been satisfied.
225 (c) An obligee may, from time to time, withdraw all or any

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226 portion of the amount retained from progress payments upon
227 depositing with the obligor:
228 1. United States Treasury bonds, United States Treasury
229 notes, United States Treasury certificates of indebtedness, or
230 United States Treasury bills;
231 2. Bonds or notes of the State of Florida; or
232 3. Certificates of deposit, within the insured limits,
233 from a state or national bank or state or federal savings and
234 loan association authorized to do business in this state.
235
236 Amounts may not be withdrawn in excess of the market value of
237 the securities listed in subparagraphs 1., 2., and 3. at the
238 time of such withdrawal or in excess of the par value of such
239 securities, whichever is less. The obligee shall execute and
240 deliver all documents reasonably required to allow the obligor
241 to document the transfer and the obligee shall pay any recording
242 or registration costs incurred by the obligor in connection with
243 the transfer. The obligor shall pay the obligee any interest or
244 income earned on the securities so deposited within 30 days
245 after the date such interest or income is received by the
246 obligor. If the deposit is in the form of coupon bonds, the
247 obligor shall deliver each coupon to the obligee within 30 days
248 after the date the coupon matures. An obligee may withdraw funds
249 retained from progress payments only to the extent the obligor
250 has withdrawn such funds for the obligee's labor, services, or

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251 materials from the person immediately above the obligor in the
252 chain of contracts.
253 Section 8. For the purpose of incorporating the amendment
254 made by this act to section 218.735, Florida Statutes, in a
255 reference thereto, paragraph (b) of subsection (2) of section
256 218.76, Florida Statutes, is reenacted to read:
257 218.76 Improper payment request or invoice; resolution of
258 disputes.—
259 (2)
260 (b) If the local governmental entity does not commence the
261 dispute resolution procedure within the time required, a
262 contractor may give written notice to the local governmental
263 entity of the failure to timely commence its dispute resolution
264 procedure. If the local governmental entity fails to commence
265 the dispute resolution procedure within 4 business days after
266 such notice, any amounts resolved in the contractor's favor
267 shall bear mandatory interest, as set forth in s. 218.735(9),
268 from the date the payment request or invoice containing the
269 disputed amounts was submitted to the local governmental entity.
270 If the dispute resolution procedure is not commenced within 4
271 business days after the notice, the objection to the payment
272 request or invoice shall be deemed waived. The waiver of an
273 objection pursuant to this paragraph does not relieve a
274 contractor of its contractual obligations.
275 Section 9. For the purpose of incorporating the amendment

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276 made by this act to section 255.073, Florida Statutes, in a
277 reference thereto, section 255.075, Florida Statutes, is
278 reenacted to read:
279 255.075 Mandatory interest.—A contract between a public
280 entity and a contractor may not prohibit the collection of late
281 payment interest charges authorized under s. 255.073(4).
282 Section 10. This act applies to contracts executed on or
283 after July 1, 2021.
284 Section 11. This act shall take effect July 1, 2021.

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COMMERCE COMMITTEE

HB 585 by Rep. DiCeglie
Payment for Construction Services

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. DiCeglie (line 100):
• Corrects a drafting error.

Amendment 2 by Rep. DiCeglie (line 124):
• Corrects a drafting error.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 585 (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 DiCeglie offered the following:
3
4 Amendment
5 Remove line 100 and insert:
6 part is convicted of misapplication of construction funds,

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 585 (2021)
Amendment No. 2

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 DiCeglie offered the following:
3
4 Amendment
5 Remove line 124 and insert:
6 other person who is licensed under part I of chapter 489 is
7 convicted of

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CS/CS/HB 667
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 667 Building Inspections
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Regulatory Reform Subcommittee,
Mooney and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1382

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee 17 Y, 0 N, As CS Brackett Anstead

2) Local Administration & Veterans Affairs 17 Y, 0 N, As CS Renner Miller
Subcommittee

3) Commerce Committee Brackett Hamon

SUMMARY ANALYSIS
The Florida Building Codes Act provides a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Florida Building Code (Building Code) must be
applied, administered, and enforced uniformly and consistently from jurisdiction to jurisdiction.

Current law requires local governments to enforce the Building Code and issue building permits. Current law
also requires state agencies, state universities, Florida College System institutions, and public school districts
to enforce the Building Code in certain situations. It is unlawful for a person or corporation to construct, alter,
repair, or demolish a building without obtaining a permit from the enforcing agency. Construction work that
requires a building permit also requires inspections to ensure the work complies with the Building Code.

The bill requires local enforcement agencies to allow requests for inspections to be submitted electronically.
Accepted methods of electronic submission include, but are not limited to:
 E-mail;
 An electronic fill-in form available on the building department’s website or a third-party submission
management software; or
 An application that can be downloaded on a mobile device.

The bill provides that a local enforcement agency must refund 10 percent of the permit and inspection fees if:
 The inspector or building official determines the work, which requires the permit, fails an inspection; and
 The inspector or building official fails to provide a reason that is based on compliance with the Building
Code, the Florida Fire Prevention Code, or local ordinance, indicating why the work failed the
inspection within 5 business days.

If any permit and inspection fees must be refunded, the surcharges for funding the Building Commission, the
Florida Building Code Administrators and Inspectors Board, and the Florida Homeowners’ Recovery Fund
must be recalculated based on the amount of the permit and inspection fees after the refund.

The bill clarifies that any government entity with authority to enforce the Building Code may perform virtual
inspections at the discretion of the government entity. However, a government entity may not perform a virtual
inspection for structural inspections on threshold buildings.

The bill defines “virtual inspection” as an inspection that uses visual or electronic aids to allow a building official
or inspector to perform an inspection without having to be physically present at the job site during the
inspection.

The bill may have an indeterminate fiscal impact on state and local government. See Fiscal Comments.

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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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes as
they desired.1

In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study commission’s
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002.2 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.3

The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council, the National Electric Code,
and other nationally adopted model codes to determine if the Building Code needs to be updated and
adopts an updated Building Code every three years.5

Building Code Administrators, Inspectors, and Plans Examiners

Building code administrators, inspectors, and plans examiners are regulated by the Building Code
Administrators and Inspectors Board (BCAIB) within DBPR. The BCAIB consists of nine members
appointed by the Governor and subjected to confirmation by the Senate. The BCAIB meets to approve
or deny applications for licensure, review disciplinary cases, and conduct informal hearings relating to
discipline.6

A building code administrator, otherwise known as a building official, is a local government employee or
a person contracted by a local government who supervises building code activities, including plans
review, enforcement, and inspection.7

A building code inspector (inspector) is a local government employee or a person contracted by a local
government who inspects construction that requires permits to determine compliance with building
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Feb. 15, 2021).
2
Id.; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Feb. 15, 2021).
3
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 26, 2021).
4
See s. 553.72(1), F.S.
5
Ss. 553.73, and 553.74, F.S.
6
See Ss. 120.569, 120.57(1)-(2), 468.605, 468.606, and 468.621, F.S.
7
S. 468.603(2), F.S.
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codes and state accessibility laws. Inspectors are divided into several different categories. An
inspector’s ability to practice is limited to the category or categories for which the inspector has been
licensed. The inspector categories are:8

 Building inspector;
 Coastal construction inspector;
 Commercial electrical inspector;
 Residential electrical inspector;
 Mechanical inspector;
 Plumbing inspector;
 Residential inspector; and
 Electrical inspector.

A plans examiner reviews plans submitted for building permits to determine design compliance with the
Building Code. The term includes a residential plans examiner who is qualified to determine that plans
submitted for building permits comply with the applicable residential building, plumbing, mechanical,
electrical, gas, energy, accessibility, and other applicable construction codes. A plans examiner’s ability
to practice is limited to the category or categories for which the examiner is licensed. The plans
examiner categories are:9

 Building plans examiner;
 Plumbing plans examiner;
 Mechanical plans examiner; and
 Electrical plans examiner.

Enforcement of the Florida Building Code

It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare.10

Every local government must enforce the Building Code and issue building permits.11 A building permit
is an official document or certificate issued by the local building official that authorizes performance of a
specific activity.12

Current law also provides that state agencies may enforce the Building Code if specifically authorized
to do so by law, unless they delegate that responsibility to another public entity.13 Current law provides
that:14

 The Department of Corrections and the Department of Juvenile Justice together with the
Department of Management Services (DMS), enforce the construction regulations relating to
correctional facilities under their jurisdiction.
 DMS enforces the construction regulations for the Governor’s Mansion and its grounds, the
Capitol, and the Capitol complex.
 DBPR enforces the construction regulations relating to elevator equipment under its jurisdiction.
 The Turnpike Enterprise, which is part of the Department of Transportation, enforces the
construction regulations for toll collection facilities under its jurisdiction.
 The Department of Children and Families (DCF) in conjunction with the Agency for Health Care
Administration (ACHA) enforces construction regulations relating to secure mental health
treatment facilities under DCF’s jurisdiction.

8
Ss. 468.603(4) and (5), F.S.
9
S. 468.603(8), F.S.
10
S. 553.72, F.S.
11
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
12
S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
13
Ss. 255.31(1), and 553.80(1), F.S.
14
Id.
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 AHCA also reviews plans and surveys for construction of hospitals, nursing homes, ambulatory
surgical centers, and Intermediate Care Facilities for the Developmentally Disabled.

Current law also requires state universities, Florida College System institutions, and public school
districts to enforce the Building Code for their building projects, including conducting plans review and
inspections. State universities, Florida College System institutions, and public school districts must use
or contract with licensed building officials, inspectors, and plans examiners, and may elect to use a
local government’s building department to review plans and perform inspections.15

It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a permit from the local government 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.16

To obtain a permit an applicant must complete an application for the proposed work on the form
furnished by the government entity.17 A local enforcement agency that issues building permits must
post each type of building permit application on its website. A local enforcement agency must allow
applicants to submit permit applications electronically to the local enforcement agency, which must
provide accepted methods of electronic submission. Such methods include, but are not limited to:18

 E-mail submission of applications in PDF format;
 Submission of applications through an electronic fill-in form available on the building
department’s website; or
 Through a third-party submission management software.

A local enforcement agency is an agency of local government, a local school board, a community
college board of trustees, or a university board of trustees in the State University System with
jurisdiction to make inspections of buildings and to enforce the Building Code.19

Payments, attachments, or drawings required as part of the permit application may be submitted in
person in a nonelectronic format, at the discretion of the building official.20

If a building official or plans reviewer denies a permit application or revokes a building permit, the
building official or plans reviewer must give the permit applicant a reason for denying or revoking the
permit. The reason must be based on compliance with the Building Code or a local ordinance. Failing
to provide a reason for denying or revoking a building permit, which is based on compliance with the
Building Code or a local ordinance, is grounds for discipline against the building official or plans
reviewer’s license.21

Building Inspections

Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Building Code. The Building Code requires certain building, electrical, plumbing,
mechanical, and gas inspections.22 Construction work may not be done beyond a certain point until it

15
S. 553.80(6), F.S.
16
See Ss. 125.56(4)(a) and 553.79(1), F.S.
17
Ss. 713.135(5) and (6), F.S.
18
Ss. 125.56(4)(b) and 553.79(1)(b), F.S.
19
S. 553.71(5), F.S.
20
Ss. 125.56(4)(b) and 553.79(1)(b), F.S.
21
Id.
22
S. 110 Seventh edition of the Florida Building Code (Building).
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passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections is considered completed or closed.23

The Building Code requires the following inspections depending on the scope of the construction
work:24
 Building, including;
o Foundation.
o Framing.
o Sheathing.
o Exterior wall coverings.
o Roofing.
o Swimming pool.
o Demolition.
o Manufactured building.
o Impact-resistant coverings.
o Final inspection.
 Electrical;
 Plumbing;
 Mechanical;
 Gas;
 Lath, gypsum board, and gypsum panel product;
 Weather-exposed balcony and walking surface waterproofing;
 Fire- and smoke-resistant penetrations;
 Energy efficiency;
 Termites;
 Shoring; and
 Threshold.

In addition to the inspections required by the Building Code, a building official may require other
inspections of any construction work to ascertain compliance with the provisions of the Building Code
and other laws that are enforced by the government entity.25

Local Government Fees & Permits

Each government entity may provide a schedule of reasonable fees in order to defer the costs of
inspection and enforcement of the Building Code. The basis for a local government’s fee structure must
relate to the level of service provided by the local government. Fees charged must be consistently
applied. Each local government must post its permit and inspection fee schedule on its website.26

A local government’s permit and inspection fees must be used solely for carrying out that local
government entity’s responsibilities in enforcing the Building Code. This includes:27
 The direct costs and reasonable indirect costs associated with review of building plans, building
inspections, reinspections, and building permit processing;
 Building code enforcement;
 Fire inspections associated with new construction; and
 Training costs associated with the enforcement of the Building Code and enforcement action
pertaining to unlicensed contractor activity to the extent not funded by other user fees.

DBPR Surcharges

23
Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building Department,
Building Division, http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive%20and%20Excluded%20Building%20Permits.pdf (last visited Mar. 15, 2021).
24
S. 110, Seventh Edition of the Florida Building Code (Building).
25
S. 110.3.10, Seventh Edition of the Florida Building Code (Building).
26
Ss. 125.56(2), 166.222, 553.79(1), and 553.80(7), F.S.
27
S. 553.80(7), F.S.
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Current law requires that all local governments assess and collect a 1.0 percent surcharge on any
building permit issued by their enforcement agency for the purpose of enforcing the Building Code. The
local jurisdictions collect the assessment and remit the surcharge fees to DBPR to fund the activities of
the Florida Building Commission, DBPR’s Building Code Compliance and Mitigation Program, and the
Florida Fire Prevention Code informal interpretations.28

Current law also requires that all local governments assess and collect a separate 1.5 percent
surcharge on any building permit issued by their enforcement agency for the purpose of enforcing the
Building Code. The local governments collect the assessment and remit the surcharge fees to DBPR,
where the money is divided equally to fund the activities of the BCAIB and the Florida Homeowners’
Construction Recovery Fund.29

Local government building departments are permitted to retain 10 percent of the amount of the
surcharges they collect to fund participation of their agencies in the national and state building code
adoption processes and to provide education related to enforcement of the Florida Building Code.30

Electronic Request for Inspections

Current law requires all local enforcement agencies to allow contractors to apply for permits
electronically. However, there is no provision requiring local enforcement agencies to allow contractors
to request inspections electronically.

Multiple building departments in Florida already allow permit holders to electronically request
inspections,31 while others do not. Instead, they require permit holders to call the building department
during its business hours, which limits the time when a permit holder can request an inspection, or use
an interactive voice response system.32

Proponents argue that allowing permit holders to electronically request inspections can provide
inspectors a real-time schedule, including cancellation, location, and contact information for their
scheduled inspections. Building departments note that there is an initial cost for the transition to
electronic requests.33

Virtual Building Inspections

As a result of COVID-19, many building departments in Florida began performing virtual inspections in
order to prevent a shut down and to protect building department staff, contractors, and property
owners. Virtual inspections allow a building official or inspector to perform an inspection without having
to be physically present at the jobsite. They also allow building departments to continue operating
during the COVID-19 epidemic, which allows contractors to keep working.34

28
S. 553.721, F.S.
29
S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have suffered a
covered financial loss at the hands of state-licensed general, building and residential contractors. Claims are filed with the DBPR, who
reviews for completeness and statutory eligibility. The DBPR then presents the claim to the Construction Industry Licensing Board for
review. S. 489.1401(2), F.S.
30
Ss. 468.631, and 553.721, F.S.
31
Orange County Government Florida, Division of Building Safety,
https://www.orangecountyfl.net/PermitsLicenses/DivisionOfBuildingSafety.aspx#inspections (last visited Feb. 12, 2021); Brevard
County, Brevard County Building Inspection Request, https://www.brevardfl.gov/PlanningDev/BuildingPermits/InspectionRequest
(last visited Feb. 12, 2021); Town of Davie Florida, Online Self Service, https://www.davie-fl.gov/213/Online-Self-Service (last
visited Feb. 12, 2021).
32
Fort Myers Community Development, Building, Permitting & Inspections (BPI), https://cityftmyers.com/1293/Building-Permitting-
Inspections (last visited Feb. 12, 2021); Monroe County, Building and Permitting Quick Links, https://www.monroecounty-
fl.gov/149/Building-and-Permitting (last visited Feb. 12, 2021).
33
National Institute of Building Sciences, Washington, D.C., Electronic Permitting Systems and How to Implement Them, (April
2002) https://www.huduser.gov/publications/pdf/permitting_all_4_12_02.pdf (last visited Feb. 23, 2021).
34
Monica Casey, Tallahassee creates virtual building inspections to save jobs and keep social distancing, WCTV.tv (Apr. 8, 2020)
https://www.wctv.tv/content/news/Tallahassee-creates-virtual-building-inspections-to-save-jobs-and-keep-social-distancing-
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Virtual inspections can range from roofing inspections, windows and doors inspections, to air
conditioning change outs depending on the jurisdiction. Virtual inspections can be more efficient than
in-person inspections by reducing jobsite travel time, by allowing contractors to immediately request an
inspection once they finish work, and by allowing the contractor to remain on the jobsite.35

Virtual inspections are usually done by having the contractor or owner at the jobsite with a mobile
phone or tablet with a camera. The building official or inspector calls the contractor or owner via video
chat, and the building official or inspector directs the contractor or owner to allow him or her to view
specific work.36

Some building departments have indicated that they plan to continue using virtual inspections once the
COVID-19 emergency is over.37

Current law neither specifically prohibits nor allows virtual inspections by building departments.

Reasons for Failing an Inspection

Current law requires a building official or plans reviewer, who denies or revokes a building permit, to
provide the permit applicant or permit holder a reason for the denial or revocation. The reason must be
based on compliance with the Building Code or a local ordinance. If a building official or plans reviewer
fails to provide a reason for denying or revoking a building permit based on compliance with the
Building Code or a local ordinance, the building official or plans reviewer’s license may be disciplined.38

The Building Code requires an inspector to notify the permit holder or his or her agent if there are any
violations that need to be corrected in order to comply with the Building Code.39 However, current law
does not require a building official or inspector to provide the permit holder a specific reason for failing
the inspection.

According to industry members, some local government inspectors do not provide a reason for failing
an inspection that is based on compliance with the Building Code or a local ordinance. This results in a
permit holder having to speculate why the work did not pass the inspection, and causes delays until the
permit holder can speak with the inspector.40

Effect of the Bill

The bill requires local enforcement agencies to allow requests for inspections to be submitted
electronically. Accepted methods of electronic submission include, but are not limited to:

 E-mail;

569485561.html (last visited Feb. 23, 2021); Orange County, Orange County Division of Building Safety Launches Remote
Inspections, (Jul. 22, 2020) https://newsroom.ocfl.net/2020/07/orange-county-division-of-building-safety-launches-remote-
inspections/ (last visited Feb. 23, 2021) Marsha Lidskin, Palm Coast building inspections for occupied homes go virtual for COVID-
19 safety, PalmCoastObserver.com (Aug. 27, 2020) https://www.palmcoastobserver.com/article/palm-coast-building-inspections-for-
occupied-homes-go-virtual-for-covid-19-safety (last visited Feb. 23, 2021).
35
Miami Beach, Modified Procedures for Building Code Inspections During COVID-19 Emergency Period,
https://www.miamibeachfl.gov/wp-content/uploads/2020/05/Virtual-inspections-procedures-2.pdf (last visited Feb. 23, 2021); Boca
Raton, Virtual Inspections, https://myboca.us/1846/Virtual-Inspections (last visited Feb. 23, 2021); Orange County, supra at note 34.
36
Id.
37
Kim Slowey, Building officials turn to video inspections to mitigate COVID-19 risk, Construction Dive (Apr. 15, 2020)
https://www.constructiondive.com/news/covid-19-forces-building-officials-to-explore-remote-video-inspections/576072/ (last visited
Feb. 23, 2021).
38
S. 553.79(1)(a), F.S.
39
S. 110.3, Seventh Edition of the Florida Building Code (Building).
40
Email from Brian Hastings, President of 4 Seasons Air Conditioning & Heating, Florida building inspectors, code section reference
for failed inspections (Feb. 23, 2021); Email from Rick Sims, President of Johnson’s Air Conditioning, HVAC; Requiring Code
Citation References (Feb. 22, 2021); Email from David Shepard, Director of Service Operations of Cortez Heating & Air
Conditioning, Inspectors Citing Specific Codes (Feb. 23, 2021).
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 An electronic fill-in form available on the building department’s website;
 A third-party submission management software; or
 An application that can be downloaded on a mobile device.

The bill provides that requests for inspections may be submitted in a non-electronic format at the
discretion of the building official.

The bill clarifies that any government entity with authority to enforce the Building Code and inspections
may perform virtual inspections at its discretion.

The bill defines “virtual inspection” as a form of visual inspection that uses visual or electronic aids to
allow a building official, inspector, or team of inspectors to perform an inspection without having to be
physically present at the job site during the inspection.

The bill prohibits a government entity from performing a virtual inspection for structural inspections on
threshold buildings.41

The bill requires a local enforcement agency to refund 10 percent of permit and inspection fees to a
permit holder if:

 The inspector or building official determines that the work, which requires the permit, fails an
inspection; and
 The inspector or building official fails to provide a reason, which is based on compliance with
the Building Code, the Florida Fire Prevention Code, or local ordinance, for why the work failed
the inspection within 5 business days after the inspection.

If any permit and inspection fees are refunded because a building official or inspector fails to provide a
reason for failing an inspection, the DBPR surcharges for funding the Building Commission, the BCAIB,
and the Florida Homeowners’ Recovery Fund must be recalculated based on the amount of the permit
and inspection fees after the refund.

B. SECTION DIRECTORY:
Section 1. Amends s. 125.56, F.S., requiring counties to allow electronic requests for inspections.

Section 2. Amends s. 553.79, F.S., requiring local enforcement agencies to allow electronic
inspections, allowing virtual inspections, and requiring local enforcement agencies to
reduce certain fees.

Section 3. Amends s. 440.103, F.S., conforming a cross-reference.

Section 4. Amends s. 553.80, F.S., conforming a cross-reference.

Section 5. Providing an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:

41
A threshold building is a building that is greater than three stories or 50 feet in height, exceeds 5,000 square feet, has an occupancy
of greater than 500 persons, and is for the gathering of persons for purposes such as civic, social or religious functions, recreation,
food or drink consumption, or awaiting transportation. A special inspector, who is licensed as an architect or engineer, must perform
structural inspections on threshold buildings. S. 553.71(12), F.S.
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See Fiscal Comments.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
See Fiscal Comments.

2. Expenditures:
Indeterminate. Local governments that do not currently allow electronic submission of inspections
may have to expend funds to meet the requirements in the bill.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact by allowing permit holders to electronically request inspections and
clarifying that government entities may perform virtual inspections at their discretion, which may reduce
the time to complete a construction project.

The bill may also have a positive impact by requiring inspectors to provide a reason for failing an
inspection, which may decrease the time to complete a construction project.

D. FISCAL COMMENTS:
The amount of permit and inspection fees that are refunded by local governments for failing to provide
a reason for failing an inspection is indeterminate. However, any amount will likely be minimal. It is
unclear if refunding a percentage of permit fees will have an impact on the surcharges received by
DBPR. However, any impact will likely be insignificant.

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 requires local governments to allow permit holders to request inspections
electronically. This may result in additional expenditures to comply with the statute. However, an
exemption may apply because the fiscal impact is likely to be insignificant since local governments
currently are required to allow building permit applicants to electronically submit building permit
applications.

2. Other:
None.

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

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 2, 2021, the Regulatory Reform Subcommittee adopted a strike-all amendment and reported
the bill favorably as a committee substitute. The committee substitute:
 Clarifies that a person may still request building inspections telephonically; and
 Clarifies that a building inspector must provide a reason for failing an inspection within 3
business days of the inspection, instead of 3 days.

On April 1, 2021, the Local Administration & Veterans Affairs Subcommittee adopted one amendment
and reported the bill favorably as a committee substitute. The amendment clarifies that a building
inspector must provide a reason for failing an inspection within 5 business days of the inspection,
instead of 3 business days.

This analysis is drafted to the committee substitute as approved by the Local Administration & Veterans
Affairs 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/CS/HB 667 2021

1 A bill to be entitled
2 An act relating to building inspections; amending s.
3 125.56, F.S.; requiring that certain counties allow
4 requests for inspections to be submitted
5 electronically; providing acceptable methods of
6 electronic submission; amending s. 553.79, F.S.;
7 requiring that local enforcement agencies allow
8 requests for inspections to be submitted
9 electronically; providing acceptable methods of
10 electronic submission; authorizing enforcement
11 agencies to perform virtual inspections; providing an
12 exception; providing a definition; requiring a refund
13 of certain fees in certain circumstances; requiring
14 certain surcharges be recalculated under certain
15 conditions; amending ss. 440.103 and 553.80, F.S.;
16 conforming a cross-reference; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (f) is added to subsection (4) of
22 section 125.56, Florida Statutes, to read:
23 125.56 Enforcement and amendment of the Florida Building
24 Code and the Florida Fire Prevention Code; inspection fees;
25 inspectors; etc.—

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26 (4)
27 (f) A county that issues building permits must allow
28 requests for inspections to be submitted electronically to the
29 county building department. Acceptable methods of electronic
30 submission include, but are not limited to, e-mail or fill-in
31 form available on the website of the building department or
32 through a third-party submission management software or
33 application that can be downloaded on a mobile device. Requests
34 for inspections may be submitted in a nonelectronic format, at
35 the discretion of the building official.
36 Section 2. Subsections (6) through (22) of section 553.79,
37 Florida Statutes, are renumbered as subsections (8) through
38 (24), respectively, subsection (2) of that section is amended,
39 paragraph (d) is added to subsection (1) and subsections (6) and
40 (7) are added to that section, to read:
41 553.79 Permits; applications; issuance; inspections.—
42 (1)
43 (d) A local enforcement agency must allow requests for
44 inspections to be submitted electronically to the local
45 enforcement agency's appropriate building department. Acceptable
46 methods of electronic submission include, but are not limited
47 to, e-mail or fill-in form available on the website of the
48 building department or through a third-party submission
49 management software or application that can be downloaded on a
50 mobile device. Requests for inspections may be submitted in a

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51 nonelectronic format, at the discretion of the building
52 official.
53 (2) Except as provided in subsection (8) subsection (6),
54 an enforcing agency may not issue any permit for construction,
55 erection, alteration, modification, repair, or demolition of any
56 building or structure until the local building code
57 administrator or inspector has reviewed the plans and
58 specifications required by the Florida Building Code, or local
59 amendment thereto, for such proposal and found the plans to be
60 in compliance with the Florida Building Code. If the local
61 building code administrator or inspector finds that the plans
62 are not in compliance with the Florida Building Code, the local
63 building code administrator or inspector shall identify the
64 specific plan features that do not comply with the applicable
65 codes, identify the specific code chapters and sections upon
66 which the finding is based, and provide this information to the
67 local enforcing agency. The local enforcing agency shall provide
68 this information to the permit applicant. In addition, an
69 enforcing agency may not issue any permit for construction,
70 erection, alteration, modification, repair, or demolition of any
71 building until the appropriate firesafety inspector certified
72 pursuant to s. 633.216 has reviewed the plans and specifications
73 required by the Florida Building Code, or local amendment
74 thereto, for such proposal and found that the plans comply with
75 the Florida Fire Prevention Code and the Life Safety Code. Any

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76 building or structure which is not subject to a firesafety code
77 shall not be required to have its plans reviewed by the
78 firesafety inspector. Any building or structure that is exempt
79 from the local building permit process may not be required to
80 have its plans reviewed by the local building code
81 administrator. Industrial construction on sites where design,
82 construction, and firesafety are supervised by appropriate
83 design and inspection professionals and which contain adequate
84 in-house fire departments and rescue squads is exempt, subject
85 to local government option, from review of plans and
86 inspections, providing owners certify that applicable codes and
87 standards have been met and supply appropriate approved drawings
88 to local building and firesafety inspectors. The enforcing
89 agency shall issue a permit to construct, erect, alter, modify,
90 repair, or demolish any building or structure when the plans and
91 specifications for such proposal comply with the Florida
92 Building Code and the Florida Fire Prevention Code and the Life
93 Safety Code as determined by the local authority in accordance
94 with this chapter and chapter 633.
95 (6) A state or local enforcement agency may perform
96 virtual inspections at the discretion of the enforcement agency.
97 However, a state or local enforcement agency may not perform
98 virtual inspections for structural inspections on a threshold
99 building. For purposes of this subsection, the term "virtual
100 inspection" means a form of visual inspection which uses visual

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101 or electronic aids to allow a building code administrator or an
102 inspector, or team of inspectors, to perform an inspection
103 without having to be physically present at the job site during
104 the inspection.
105 (7)(a) A local enforcement agency must refund 10 percent
106 of the permit and inspection fees to a permit holder if:
107 1. The inspector or building code administrator determines
108 that the work, which requires the permit, fails an inspection;
109 and
110 2. The inspector or building code administrator fails to
111 provide, within 5 business days after the inspection, the permit
112 holder or his or her agent with a reason, based on compliance
113 with the Florida Building Code, Florida Fire Prevention Code, or
114 local ordinance, for why the work failed the inspection.
115 (b) If any permit and inspection fees are refunded under
116 paragraph (a), the surcharges provided in s. 553.721 or s.
117 468.631 must be recalculated based on the amount of the permit
118 and inspection fees after the refund.
119 Section 3. Section 440.103, Florida Statutes, is amended
120 to read:
121 440.103 Building permits; identification of minimum
122 premium policy.—Every employer shall, as a condition to applying
123 for and receiving a building permit, show proof and certify to
124 the permit issuer that it has secured compensation for its
125 employees under this chapter as provided in ss. 440.10 and

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126 440.38. Such proof of compensation must be evidenced by a
127 certificate of coverage issued by the carrier, a valid exemption
128 certificate approved by the department, or a copy of the
129 employer's authority to self-insure and shall be presented,
130 electronically or physically, each time the employer applies for
131 a building permit. As provided in s. 553.79(23) s. 553.79(21),
132 for the purpose of inspection and record retention, site plans
133 or building permits may be maintained at the worksite in the
134 original form or in the form of an electronic copy. These plans
135 and permits must be open to inspection by the building official
136 or a duly authorized representative, as required by the Florida
137 Building Code. As provided in s. 627.413(5), each certificate of
138 coverage must show, on its face, whether or not coverage is
139 secured under the minimum premium provisions of rules adopted by
140 rating organizations licensed pursuant to s. 627.221. The words
141 "minimum premium policy" or equivalent language shall be typed,
142 printed, stamped, or legibly handwritten.
143 Section 4. Subsection (1) of section 553.80, Florida
144 Statutes, is amended to read:
145 553.80 Enforcement.—
146 (1) Except as provided in paragraphs (a)-(g), each local
147 government and each legally constituted enforcement district
148 with statutory authority shall regulate building construction
149 and, where authorized in the state agency's enabling
150 legislation, each state agency shall enforce the Florida

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151 Building Code required by this part on all public or private
152 buildings, structures, and facilities, unless such
153 responsibility has been delegated to another unit of government
154 under s. 553.79(11) pursuant to s. 553.79(9).
155 (a) Construction regulations relating to correctional
156 facilities under the jurisdiction of the Department of
157 Corrections and the Department of Juvenile Justice are to be
158 enforced exclusively by those departments.
159 (b) Construction regulations relating to elevator
160 equipment under the jurisdiction of the Bureau of Elevators of
161 the Department of Business and Professional Regulation shall be
162 enforced exclusively by that department.
163 (c) In addition to the requirements of s. 553.79 and this
164 section, facilities subject to the provisions of chapter 395 and
165 parts II and VIII of chapter 400 shall have facility plans
166 reviewed and construction surveyed by the state agency
167 authorized to do so under the requirements of chapter 395 and
168 parts II and VIII of chapter 400 and the certification
169 requirements of the Federal Government. Facilities subject to
170 the provisions of part IV of chapter 400 may have facility plans
171 reviewed and shall have construction surveyed by the state
172 agency authorized to do so under the requirements of part IV of
173 chapter 400 and the certification requirements of the Federal
174 Government.
175 (d) Building plans approved under s. 553.77(3) and state-

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176 approved manufactured buildings, including buildings
177 manufactured and assembled offsite and not intended for
178 habitation, such as lawn storage buildings and storage sheds,
179 are exempt from local code enforcing agency plan reviews except
180 for provisions of the code relating to erection, assembly, or
181 construction at the site. Erection, assembly, and construction
182 at the site are subject to local permitting and inspections.
183 Lawn storage buildings and storage sheds bearing the insignia of
184 approval of the department are not subject to s. 553.842. Such
185 buildings that do not exceed 400 square feet may be delivered
186 and installed without need of a contractor's or specialty
187 license.
188 (e) Construction regulations governing public schools,
189 state universities, and Florida College System institutions
190 shall be enforced as provided in subsection (6).
191 (f) The Florida Building Code as it pertains to toll
192 collection facilities under the jurisdiction of the turnpike
193 enterprise of the Department of Transportation shall be enforced
194 exclusively by the turnpike enterprise.
195 (g) Construction regulations relating to secure mental
196 health treatment facilities under the jurisdiction of the
197 Department of Children and Families shall be enforced
198 exclusively by the department in conjunction with the Agency for
199 Health Care Administration's review authority under paragraph
200 (c).

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201
202 The governing bodies of local governments may provide a schedule
203 of fees, as authorized by s. 125.56(2) or s. 166.222 and this
204 section, for the enforcement of the provisions of this part.
205 Such fees shall be used solely for carrying out the local
206 government's responsibilities in enforcing the Florida Building
207 Code. The authority of state enforcing agencies to set fees for
208 enforcement shall be derived from authority existing on July 1,
209 1998. However, nothing contained in this subsection shall
210 operate to limit such agencies from adjusting their fee schedule
211 in conformance with existing authority.
212 Section 5. This act shall take effect July 1, 2021.

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CS/CS/HB 839
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 839 Express Preemption of Fuel Retailers and Related Transportation
Infrastructure
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee; Tourism, Infrastructure & Energy
Subcommittee; Fabricio
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 856

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 12 Y, 6 N, As CS Willson Keating

2) Local Administration & Veterans Affairs 15 Y, 0 N, As CS Renner Miller
Subcommittee

3) Commerce Committee Willson Hamon

SUMMARY ANALYSIS
The Florida Constitution grants county and municipal governments broad home rule authority. Specifically,
non-charter county governments may exercise those powers of self-government that are provided by general
or special law. Those counties operating under a county charter have all powers of self-government not
inconsistent with general law or special law approved by vote of the electors. Likewise, municipalities have
those governmental, corporate, and proprietary powers enabling them to conduct municipal government,
perform their functions and provide services, and exercise any power for municipal purposes, except as
otherwise provided by law. In contrast, special districts have only those powers expressly authorized by
general or special law. County and municipal governments have broad authority to legislate on any matter that
is not inconsistent with federal or state law. A local government enactment may be inconsistent with state law if
(1) the Legislature has preempted a particular subject area or (2) the local enactment conflicts with a state
statute. Where state preemption applies it precludes a local government from exercising authority in that
particular area.

The bill expressly preempts a municipality, county, special district, or political subdivision from prohibiting the
siting, development, or redevelopment of a fuel retailer or the necessary related transportation infrastructure
within that specific local government’s entire jurisdiction. The bill further preempts any action by a municipality,
county, special district, or political subdivision resulting in a de facto jurisdiction-wide prohibition against a fuel
retailer or the necessary related transportation infrastructure. The bill preempts mandating any required
infrastructure on a fuel retailer, including electric vehicle charging stations. The bill does not preempt a
municipality, county, special district, or political subdivision from adopting and implementing ordinances,
regulations, policies, or resolutions on the siting, development, or redevelopment of fuel retailers or necessary
related transportation infrastructure that are consistent with other allowable uses and general law.

The bill defines the term “fuel retailer” as a fuel station or retail site selling fuel to power vehicles. "Related
transportation energy infrastructure" is defined as “storage tanks, pipelines, or any related equipment that is
necessary to deliver fuel to a fuel retailer or dispense fuel at a fuel retailer.”

The fiscal impact of the bill is indeterminate. See Fiscal Comments Section.

The bill takes effect upon becoming law.

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

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Local Government Authority

The Florida Constitution grants county and municipal governments broad home rule authority.
Specifically, 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.1 Non-charter county
governments may exercise those powers of self-government that are provided by general or special
law.2 Likewise, municipalities3 have those governmental, corporate, and proprietary powers enabling
them to conduct municipal government, perform their functions and provide services, and exercise any
power for municipal purposes, except as otherwise provided by law. 4

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

As of March 23, 2021, there are 627 active dependent8 special districts and 1,163 active independent
special districts in Florida.9 Community development districts are the most frequently created form of
independent special district. Other common special districts in Florida include water control districts, fire
control districts, and community redevelopment agencies.10 Currently, one special electric district and
four special natural gas districts exist in Florida.11

State Energy Policy

The comprehensive energy policy of the state includes a range of factors for statewide decisions,
including the statewide promotion of effective energy use, inclusion of energy considerations in all
state, regional, and local planning, considering the energy needs of all sectors of Florida’s economy,
and considering the social, economic, and environmental impacts of energy-related activities.12 The
further intent of the Legislature includes promoting efficient, effective, and economical management of

1 Art. VIII, s. 1(g), Fla. Const.
2 Art. VIII, s. 1(f), 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 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
6 See ss. 189.02(1), 189.031(3), and 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
7 2020-2022 Local Gov’t Formation Manual, p. 62,

https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Session=2021&Doc
umentType=General+Publications&FileName=2021-2022+Local+Government+Formation+Manual.pdf (last visited Mar. 15, 2021).
8 Dependent special districts are under some control by a single county or municipality. S. 189.012(2), F.S. An independent special

district is any district that is not a dependent district. S. 189.012(3), F.S. A special district that includes more than one county is
independent unless it lies wholly within the boundaries of a single municipality.
9 Florida Department of Economic Opportunity, Division of Community Development, Special District Accountability Program, Official

List of Special Districts Online, State Totals, http://dca.deo.myflorida.com/fhcd/sdip/OfficialListdeo/report.cfm (last visited Mar. 23,
2021).
10 Florida Department of Economic Opportunity, Division of Community Development, Special District Accountability Program, Official

List of Special Districts Online, Special District Function Totals at http://www.floridajobs.org/community-planning-and-
development/assistance-for-governments-and-organizations/special-district-accountability-program (last visited Feb. 28, 2021).
11 See PSC, Facts & Figures of the Florida Utility Industry

http://www.psc.state.fl.us/Files/PDF/Publications/Reports/General/Factsandfigures/April%202020.pdf (last visited Feb. 28, 2021).
12 S. 377.601(2), F.S.

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energy issues and centralizing energy coordination responsibilities.13 Under this general law, local
governments participate in the development and implementation of statewide energy policy.

Authority Related to Energy Infrastructure

As provided in general law, certain local governments may:
 Prepare and enforce comprehensive plans for the development of the county.14
 Establish, coordinate, and enforce zoning and such business regulations as are necessary for
the protection of the public.15
 Provide and regulate roads, rights-of-way, and related transportation facilities.16
 Enforce the Florida Building Code and adopt and enforce local technical amendments thereto.17
 Adopt, revise, and amend, from time to time, appropriate ordinances, rules, and regulations
reasonably necessary to maintain air quality standards established pursuant to state and federal
law, including the federal Clean Air Act.18
 Issue development permits and orders.19
 Code enforcement.20

Florida Department of Agriculture and Consumer Services

The Florida Department of Agriculture and Consumer Services (FDACS) is responsible for the
administration of a number of programs relating to energy infrastructure, including the Renewable
Energy and Energy-Efficient Technologies Grants Program,21 the Energy Efficiency and Conservation
Clearinghouse,22 the Florida Green Government Grants Act,23 the Natural Gas Fuel Fleet Vehicle
Rebate Program,24 as well as statutory authorization to allocate federal energy conservation bonds25
and to post information on its website relating to alternative fueling stations or electric vehicle charging
stations that are available for public use.26

Preemption

Local governments have broad authority to legislate on any matter that is not inconsistent with federal
or state law. A local government enactment may be inconsistent with state law if (1) the Legislature
"has preempted a particular subject area" or (2) the local enactment conflicts with a state statute.
State preemption precludes a local government from exercising authority in that particular area.27

13 S. 377.703(1), F.S.
14 S. 125.01(1)(g), F.S.
15 S. 125.01(1)(h), F.S.
16 S. 125.01(1)(m), F.S.
17 Ss. 125.01(1)(bb), 166.0415, 553.80, F.S.
18 S. 125.275, F.S.
19 Ss. 125.022 and 166.033, F.S.
20 S. 166.0415, F.S.
21 Section 377.804, F.S., is established within FDACS “to provide renewable energy matching grants for demonstration,

commercialization, research, and development projects relating to renewable energy technologies and innovative technologies that
significantly increase energy efficiency for vehicles and commercial buildings.”
22 Section 377.805, F.S., states that “The Office of Energy within the Department of Agriculture and Consumer Services, in consultation

with the Public Service Commission, the Florida Building Commission, and the Florida Energy Systems Consortium, shall develop a
clearinghouse of information regarding cost savings associated with various energy efficiency and conservation measures.”
23 Section 377.808, F.S., directs FDACS to “use funds specifically appropriated to award grants under this section to assist local

governments, including municipalities, counties, and school districts, in the development and implementation of programs that achieve
green standards. Green standards shall be determined by the department and shall provide for cost-efficient solutions, reducing
greenhouse gas emissions, improving quality of life, and strengthening the state’s economy.”
24 Section 377.810, F.S., establishes the program within FDACS “to help reduce transportation costs in this state and encourage freight

mobility investments that contribute to the economic growth of the state.”
25 S. 377.816, F.S.
26 S. 377.815, F.S.
27 Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009),

https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-analysis/ (last visited Mar.
16, 2021).
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Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred.28 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent.29 In cases where the
Legislature expressly or specifically preempts an area, there is no problem with ascertaining what the
Legislature intended.30 In cases determining the validity of ordinances enacted in the face of state
preemption, the effect has been to find such ordinances null and void.31

Effect of the Bill

The bill creates s. 377.707, F.S., expressly preempting to the state specific aspects of regulating fuel
retailers and related transportation infrastructure.

The bill defines the term “fuel retailer” as a fuel station or retail site selling fuel to power vehicles.
"Related transportation energy infrastructure" is defined as “storage tanks, pipelines, or any related
equipment that is necessary to deliver fuel to a fuel retailer or dispense fuel at a fuel retailer.”

Except as authorized by general law, the bill prohibits a municipality, county, special district, or political
subdivision from prohibiting the redevelopment of a fuel retailer or the necessary related transportation
infrastructure within that specific local government’s entire jurisdiction. The bill further preempts any
action by resulting in a de facto jurisdiction-wide prohibition against a fuel retailer or the necessary
related transportation infrastructure. The bill preempts mandating any required infrastructure on a fuel
retailer, including electric vehicle charging stations. The bill does not preempt a municipality, county,
special district, or political subdivision from adopting and implementing ordinances, regulations,
policies, or resolutions on the siting, development, or redevelopment of fuel retailers or necessary
related transportation infrastructure that are consistent with other allowable uses and general law.

B. SECTION DIRECTORY:
Section 1 Creates s. 377.707, F.S.; providing a definition; preempting regulation of fuel retailers and
related transportation infrastructure to the state; prohibiting a local government from
regulating fuel retailers and related transportation infrastructure; providing an exception;
providing construction.

Section 2 Provides for an effective date upon becoming law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
Indeterminate. See Fiscal Comments.

2. Expenditures:
Indeterminate. See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Indeterminate. See Fiscal Comments.

2. Expenditures:

28 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d

1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
29 Mulligan, 934 So. 2d at 1243.
30 Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
31 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).

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Indeterminate. See Fiscal Comments.

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

D. FISCAL COMMENTS:
Due to the breadth of the bill’s preemption provisions, the potential fiscal impacts to government and
the direct economic impact on the private sector cannot be determined.

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:
Article I, section 10 of the Florida Constitution prohibits the passage of any law which impairs the
obligation of contracts. The Florida Supreme Court has held as a general rule, relating to the
interpretation of substantive changes to statutory law, that in the absence of clear legislative intent to
the contrary, a law affecting substantive rights, liabilities, and duties is presumed to apply
prospectively but not retroactively.32 The Supreme Court also has held that “even where the
Legislature has expressly stated that a statute will have retroactive application, this Court will reject
such an application if the statute impairs a vested right, creates a new obligation, or imposes a new
penalty.”33

Current law authorizes local governments to provide and contract for certain services related to
transportation energy infrastructure. To the extent the bill would retroactively abrogate such authority
and impair a local government’s vested rights or contractual obligations, the bill might impair a local
government’s ability to satisfy a contractual obligation.

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

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill prohibits local regulations that “results in the de facto prohibition of a fuel retailer or the related
transportation infrastructure that is necessary to provide fuel to a fuel retailer …” This language could
have the effect of rendering void a wide array of local regulations that only incidentally affect or are
incidentally related to fuel retailers or related transportation infrastructure. Due to the breadth of this
language and the variation in local government regulations, these impacts cannot be determined.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 5, 2021, the Tourism, Infrastructure & Energy Subcommittee adopted a proposed committee
substitute (PCS) and reported the bill favorably as a committee substitute. The committee substitute
differs from HB 839 in the following ways:

32 Smiley v. State, 966 So. 2d 330, 336 (Fla. 2007). See also Eric Glazer and Louis Goetz, Florida Community Association Law:
Contracts Clause Application In An Ever-Changing Legislative Landscape, Florida Bar Journal, Vol. 89, No. 8 (Sept./Oct. 2015). “In
Florida, all laws are presumed to apply prospectively, unless they are remedial in nature, or designed to clarify law already in effect, and
the legislature clearly expresses its intention that the law is to apply retroactively.”
33 Menendez v. Progressive Exp. Ins. Co., Inc., 35 So.3d 873 (Fla. 2010).

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 Preempts the regulation of transportation energy infrastructure;
 Revises the definition of “transportation energy infrastructure” to include certain fuels used for
transportation;
 Provides the preemption does not apply to local ordinances regulating underground petroleum
storage system construction, operation, and maintenance;
 Preempts local government comprehensive plans, land use maps, zoning districts, or other land
development regulations that would conflict with an existing transportation energy infrastructure
classification as a permitted and allowable use under certain circumstances;
 Preempts local governments from imposing transportation energy infrastructure requirements
that are more stringent than state law or department rule;
 Provides an exception for a local government to adopt, implement, modify, and enforce
applicable federal and state requirements for transportation energy infrastructure including
safety and building standards, provided it does not conflict with federal or state safety and
security requirements for transportation energy infrastructure.

On April 1, 2021, the Local Administration & Veterans Affairs Subcommittee adopted a proposed
committee substitute (PCS) and one amendment to the PCS and reported the bill favorably as a
committee substitute. The committee substitute differs from CS/HB 839 in the following ways:
 Expressly preempts the regulation of fuel retailers and related transportation infrastructure;
 Provides definitions for “fuel retailer” and “related transportation infrastructure”;
 Prohibits a municipality, county, special district, or political subdivision from prohibiting the
redevelopment of a fuel retailer or the necessary related transportation infrastructure within that
specific local government’s entire jurisdiction;
 Preempts any action resulting in a de facto jurisdiction-wide prohibition against a fuel retailer or
related and necessary transportation infrastructure;
 Preempts mandating any required infrastructure on a fuel retailer, including electric vehicle
charging stations;
 Specifies that a municipality, county, special district, or political subdivision is not prohibited
from adopting and implementing ordinances, regulations, policies, or resolutions on the siting,
development, or redevelopment of fuel retailers or necessary related transportation
infrastructure that are consistent with other allowable uses and general law.
 Makes a technical change.

This analysis is drafted to the committee substitute as approved by the Local Administration & Veterans
Affairs 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/CS/HB 839 2021

1 A bill to be entitled
2 An act relating to the express preemption of fuel
3 retailers and related transportation infrastructure;
4 creating s. 377.707, F.S.; defining terms; prohibiting
5 a municipality, county, special district, or political
6 subdivision from taking certain actions to prohibit
7 the siting, development, or redevelopment of fuel
8 retailers and the related transportation
9 infrastructure and from requiring fuel retailers to
10 install or invest in a particular kind of fueling
11 infrastructure; providing construction; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 377.707, Florida Statutes, is created
17 to read:
18 377.707 Express preemption of fuel retailers and related
19 transportation infrastructure.—
20 (1) As used in this section, the term:
21 (a) "Fuel retailer" means a fuel station or retail
22 establishment that sells fuel to provide power to vehicles.
23 (b) "Related transportation infrastructure" means storage
24 tanks, pipelines, or any related equipment that is necessary to
25 deliver fuel to a fuel retailer or dispense fuel at a fuel

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26 retailer.
27 (2) A municipality, county, special district, or political
28 subdivision may not do any of the following:
29 (a) Adopt a law, an ordinance, a regulation, a policy, or
30 a resolution that prohibits the siting, development, or
31 redevelopment of a fuel retailer or the related transportation
32 infrastructure that is necessary to provide fuel to a fuel
33 retailer within the entirety of the jurisdictional boundary of
34 the municipality, county, special district, or political
35 subdivision.
36 (b) Adopt or apply a law, an ordinance, a regulation, a
37 policy, or a resolution that results in the de facto prohibition
38 of a fuel retailer or the related transportation infrastructure
39 that is necessary to provide fuel to a fuel retailer within the
40 entirety of the jurisdictional boundary of a municipality,
41 county, special district, or political subdivision.
42 (c) Require a fuel retailer to install or invest in a
43 particular kind of fueling infrastructure, including, but not
44 limited to, electric vehicle charging stations.
45
46 This section does not preempt a municipality, county, special
47 district, or political subdivision from adopting and
48 implementing a law, an ordinance, a regulation, a policy, or a
49 resolution that is not otherwise inconsistent with general law
50 relating to the siting, development, or redevelopment of fuel

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51 retailers or related transportation infrastructure necessary for
52 them to provide fuel, if such law, ordinance, regulation,
53 policy, or resolution does not result in a de facto prohibition
54 of fuel retailers or related transportation infrastructure
55 necessary to provide fuel to fuel retailers from being sited,
56 developed, or redeveloped within zoning or land use
57 classifications where such infrastructure is consistent with
58 other allowable uses.
59 Section 2. This act shall take effect upon becoming a law.

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CS/HB 917
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 917 Documentary Stamp Tax Exemption
SPONSOR(S): Insurance & Banking Subcommittee, McClain
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1334

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Insurance & Banking Subcommittee 18 Y, 0 N, As CS Haas Luczynski

2) Ways & Means Committee 15 Y, 0 N Curry Aldridge

3) Commerce Committee Hinshelwood Hamon

SUMMARY ANALYSIS
Since 1986, the London Interbank Offered Rate (LIBOR) has been the primary reference rate used in setting
interest rates for such loans as adjustable rate mortgages, asset-backed securities, municipal bonds, and other
types of debt. It is estimated that $200 trillion in financial contracts reference the U.S. Dollar LIBOR. However,
the LIBOR has come under increasing scrutiny from regulators and financial markets. The entity that regulates
the LIBOR, the Financial Conduct Authority (FCA) of the United Kingdom, states that the LIBOR will cease
after the end of 2021, though some U.S. Dollar LIBOR panels have been extended to the end of June 2023.
Accordingly, the FCA is recommending transitions to alternative rates before these dates. In the United States,
the Alternative Reference Rates Committee (ARRC) has identified the Secured Overnight Financing Rate
(SOFR) as its recommended alternative to the U.S. Dollar LIBOR.

Some financial contracts that reference the LIBOR include robust fallback language that contemplates a
replacement interest rate index or replacement interest rate calculation in the event that the rate referenced in
the contract is discontinued. However, the ARCC has reported that most contracts referencing the LIBOR may
not have robust fallback language. Financial institutions and other market participants are in the process of
assessing their exposure to the discontinuation of the LIBOR. For contracts based on the LIBOR that do not
contain sufficient fallback language, such contracts may need to be modified in order to provide a substantially
similar interest rate.

Florida law currently levies a documentary stamp tax on promissory notes, mortgages, other written obligations
to pay money, and renewals of those documents. The tax is 35 cents on each $100 or fraction thereof of
indebtedness or obligation. For certain documents, the tax is capped at $2,450. The modification of an original
document which changes the terms of the indebtedness by adding one or more obligors, increasing the
principal balance, or changing the interest rate, maturity date, or payment terms is a taxable renewal.

The bill provides that a modification of an original document which changes only the interest rate and is made
as the result of the discontinuation of an index to which the original interest rate is referenced is not a renewal
and is not subject to the documentary stamp tax.

The Revenue Estimating Conference estimated that the bill will have an indeterminate negative impact on
General Revenue and on state trust fund revenues, but will not have an impact on local government revenues.

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 .
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DATE: 4/12/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Florida’s Documentary Stamp Tax on Notes and Mortgages

Florida law currently levies a documentary stamp tax, capped at $2,450, on promissory notes,
nonnegotiable notes, written obligations to pay money, or assignments of salaries made, executed,
delivered, sold, transferred, or assigned in the state, and for each renewal of the same.1 Florida law
also levies a documentary stamp tax, with no cap, on mortgage, trust deeds, security agreements, or
other evidence of indebtedness filed or recorded in this state, and for renewal of the same.2 The
documents are all taxed at 35 cents on each $100 or fraction thereof of the indebtedness or obligation.3

For purposes of taxing renewals of the documents described above, a renewal only includes the
modifications of an original document which changes the terms of the indebtedness by adding one or
more obligors, increasing the principal balance, or changing the interest rate, maturity date, or payment
terms.4 Modifications to documents that do not modify the terms of the indebtedness are not renewals
and are not subject to the documentary stamp tax. Such non-taxable modifications include:5
 Modifications given or recorded to correct error;
 Modification of covenants, conditions, or terms unrelated to the debt;
 Severing of a lien into separate liens;
 Providing for additional, substitute, or further security for the indebtedness;
 Consolidating indebtedness or collateral;
 Adding, changing, or deleting guarantors; or
 Substituting a new mortgagee or payee.

When renewal of a promissory note only extends or continues the identical contractual obligations of
the original promissory note and evidences part or all of the original indebtedness, not including any
accumulated interest thereon and without enlargement in any way of the original contract and
obligation, such renewal note is not subject to the documentary stamp tax, so long as the renewal note
has attached to it the original promissory note with other specified notation thereon.6

London Interbank Offered Rate (LIBOR)

When two parties enter into a financial contract in which interest payments are to be exchanged, those
payments are frequently based on the LIBOR, which provides the benchmark rate for the resulting
interest rate.7 Since 1986, the LIBOR has been the primary reference rate used in setting interest rates
for adjustable rate mortgages, asset-backed securities, municipal bonds, credit default swaps, private
student loans, and other types of debt.8

1 S. 201.08(1)(a), F.S.
2 S. 201.08(1)(b), F.S.
3 S. 201.08(1)(a) and (b), F.S.
4 S. 201.08(5), F.S.
5 Id.
6 S. 201.09(1), F.S.
7 Consumer Finance Protection Bureau, You Might Have Heard That LIBOR is Going Away. Here’s What You Need to

Know About LIBOR and Adjustable-Rate Loans (Oct. 17, 2019), https://www.consumerfinance.gov/about-us/blog/libor-
going-away-heres-what-you-need-know-about-libor-and-adjustable-rate-loans/ (last visited Mar. 5, 2021).
8 Forbes, What Is LiborAnd Why Is It Being Abandoned? (Dec. 16, 2020), https://www.forbes.com/advisor/investing/what-

is-libor/ (last visited Mar. 5, 2021).
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The LIBOR is calculated daily by the Intercontinental Exchange (ICE) Benchmark Administration.9
Eighteen international banks submit rates that each bank believes it would pay, not what it actually
pays, if it had to borrow money from another bank on the interbank lending market in London.10 After
removing the four highest and four lowest submissions, the ICE Benchmark Administration calculates
the rate in five currencies: UK Pound Sterling, the Swiss Franc, the Euro, Japanese Yen, and the U.S.
Dollar.11

It is estimated that $200 trillion in financial contracts reference the U.S. Dollar LIBOR.12 Although the
derivatives market accounts for 95 percent of the outstanding value of all financial products referencing
the U.S. Dollar LIBOR, the LIBOR is also referenced in several trillion dollars of corporate loans,
floating-rate mortgages, floating-rate notes, and securitized products.13 As of 2019, $1.2 trillion worth of
residential mortgage loans and $1.3 trillion of consumer loans referenced the LIBOR.14

The LIBOR has come under increasing scrutiny from regulators and financial markets alike following
documented patterns of attempted manipulation by participating banks and a sustained decline in
unsecured interbank borrowing.15 Others have noted the declining correlations between the LIBOR and
actual bank funding costs.16

In 2014, the Federal Reserve Board and the Federal Reserve Bank of New York convened the
Alternative Reference Rates Committee (ARRC) to identify an alternative reference rate for use
primarily in derivatives contracts.17 The ARCC was reconstituted in 2018 with an expanded
membership in an effort to push a wider segment of market participants to focus on their exposure to
the LIBOR.18

In 2017, the ARRC identified the Secured Overnight Financing Rate (SOFR) as its recommended
alternative to the U.S. Dollar LIBOR.19 SOFR is fully-transaction based and is a broad measure of the
cost of borrowing cash overnight collateralized by U.S. Treasury securities.20 SOFR is based on
transaction data from three segments of the Treasury repurchase agreement market: (1) tri-party
repurchase agreements, (2) General Collateral Finance repurchase agreements; and (3) bilateral
repurchase agreement transactions cleared through the Fixed Income Clearing Corporation.21 The
Federal Reserve Bank of New York publishes SOFR data daily, as well as SOFR Averages and a
SOFR Index.22

The entity that regulates the LIBOR, the Financial Conduct Authority (FCA) of the United Kingdom,
states that the LIBOR will cease after the end of 2021, though some U.S. Dollar LIBOR panels have
been extended to the end of June 2023.23 Accordingly, the FCA is recommending transitions to
alternative rates before these dates.24

9 Id.
10 Id.
11 Id.
12 Alternative Reference Rates Committee, Frequently Asked Questions (Dec. 18, 2020),

https://www.newyorkfed.org/medialibrary/Microsites/arrc/files/ARRC-faq.pdf (last visited Mar. 5, 2021).
13 Id.
14 Forbes, supra note 8.
15 Id.
16 Bowman et al., How Correlated is LIBOR with Bank Funding Costs? (June 29, 2020),

https://www.federalreserve.gov/econres/notes/feds-notes/how-correlated-is-libor-with-bank-funding-costs-20200629.htm
(last visited Mar. 5, 2021).
17 Alternative Reference Rates Committee, supra note 12.
18 Id.
19 Id.
20 Id.
21 Id.
22 Id.
23 New York Federal Reserve, Transition From LIBOR, https://www.newyorkfed.org/arrc/sofr-transition (last visited Mar. 5,

2021); Financial Conduct Authority, Transition From LIBOR (Jan. 19, 2021). https://www.fca.org.uk/markets/libor (last
visited Mar. 5, 2021).
24 Financial Conduct Authority, supra note 23.
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Some financial contracts that reference the LIBOR include robust fallback language25 that contemplates
a replacement interest rate index or replacement interest rate calculation in the event that the rate
referenced in the contract is discontinued. However, the ARCC has reported that most contracts
referencing the LIBOR may not have robust fallback language.26 Financial institutions and other market
participants are in the process of assessing their exposure to the discontinuation of the LIBOR.27 For
contracts based on the LIBOR that do not contain sufficient fallback language, such contracts may
need to be modified in order to provide a substantially similar interest rate.

Effect of the Bill

The bill provides that a modification of an original document which changes only the interest rate and is
made as the result of the discontinuation of an index to which the original interest rate is referenced is
not a renewal and is not subject to the documentary stamp tax.

The bill takes effect July 1, 2021.

B. SECTION DIRECTORY:
Section 1. Amends s. 201.08, F.S., relating to tax on promissory or nonnegotiable notes, written
obligations to pay money, or assignments of wages or other compensation; exception.

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

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The Revenue Estimating Conference (REC) estimated that the bill will have an indeterminate
negative impact on General Revenue and state trust fund revenues.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The REC estimated that the will not have an impact on local government revenues.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

25 Fallback language should consist of contractual provisions that specify the trigger events for a transition to a

replacement rate, the replacement rate, and the spread adjustment to align the replacement rate with the benchmark
being replaced—in this case U.S. Dollar LIBOR. Alternative Reference Rates Committee, Summary of ARRC’s LIBOR
Fallback Language (Nov. 2019),
https://www.newyorkfed.org/medialibrary/Microsites/arrc/files/2019/LIBOR_Fallback_Language_Summary.pdf (last visited
Mar. 5, 2021).
26 Id.
27 See, e.g., U.S. Securities and Exchange Commission Office of Compliance Inspections and Examinations, Risk Alert

(June 18, 2020), https://www.sec.gov/files/Risk%20Alert%20-%20OCIE%20LIBOR%20Initiative_1.pdf (last visited Mar. 5,
2021); Board of Governors of the Federal Reserve System et al., Statement on LIBOR Transition (Nov. 30, 2020),
https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20201130a1.pdf (last visited Mar. 5, 2021).
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It is possible that lenders and borrowers could encounter liability for paying documentary stamp taxes
when modifying, supplementing, or amending their contracts to reference the SOFR reference rate
instead of the LIBOR reference rate. The bill will resolve any uncertainty in favor of preventing liability
for documentary stamp tax due to the discontinuation of the LIBOR. The overall economic impact on
the private sector, while likely positive, is indeterminate.

D. FISCAL COMMENTS:

On March 19, 2021, the REC considered the impact of the committee substitute bill.28 A potential
impact remains for out of state notes subsequently renewed in Florida. An out of state note in which
Florida documentary stamp tax was not initially applicable could be renewed in Florida under the
parameters of the bill language without incurring tax. The Department of Revenue currently holds that
the renewal of a note in the state that was initially executed and delivered outside of the state is subject
to tax.

As such, the bill language could result in exemptions for notes that meet the parameter of the bill
language that otherwise would not be exempt (i.e., renewals of notes executed or delivered in the state
that were originally executed and delivered outside the state). It is estimated that the potential impact of
such exemptions will have a negative but indeterminate impact on state revenues.

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:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

On March 10, 2021, the Insurance & Banking Subcommittee considered one amendment, which was
adopted, and reported the bill favorably as a committee substitute. The committee substitute makes the
following changes to the bill:
 Adds the word “only” to limit the documentary stamp tax exemption to instances where a document
modification changes only the interest rate due to the discontinuation of the index to which the
interest rate is referenced.
 Makes other technical changes.

The staff analysis has been updated to reflect the committee substitute.

28 Revenue Estimating Conference, March 19, 2021, Revenue Impact Results,

http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2021/_pdf/page55-56.pdf, (last visited Apr. 4, 2021).
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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 917 2021

1 A bill to be entitled
2 An act relating to documentary stamp tax exemption;
3 amending s. 201.08, F.S.; exempting from assessment of
4 documentary stamp taxes the modification of certain
5 documents which change only the interest rate under
6 specified conditions; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (5) of section 201.08, Florida
11 Statutes, is amended to read:
12 201.08 Tax on promissory or nonnegotiable notes, written
13 obligations to pay money, or assignments of wages or other
14 compensation; exception.—
15 (5) For purposes of this section, a renewal shall only
16 include modifications of an original document which change the
17 terms of the indebtedness evidenced by the original document by
18 adding one or more obligors, increasing the principal balance,
19 or changing the interest rate, maturity date, or payment terms.
20 Modifications to documents which do not modify the terms of the
21 indebtedness evidenced such as those given or recorded to
22 correct error; modify covenants, conditions, or terms unrelated
23 to the debt; sever a lien into separate liens; provide for
24 additional, substitute, or further security for the
25 indebtedness; consolidate indebtedness or collateral; add,

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0917-01-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 917 2021

26 change, or delete guarantors; or which substitute a new
27 mortgagee or payee are not renewals and are not subject to tax
28 pursuant to this section. A modification of an original document
29 which changes only the interest rate and is made as the result
30 of the discontinuation of an index to which the original
31 interest rate is referenced is not a renewal and is not subject
32 to the tax pursuant to this section. If the taxable amount of a
33 mortgage is limited by language contained in the mortgage or by
34 the application of rules limiting the tax base when there is
35 collateral in more than one state, then a modification which
36 changes such limitation or tax base shall be taxable only to the
37 extent of any increase in the limitation or tax base
38 attributable to such modification. This subsection shall not be
39 interpreted to exempt from taxation an original mortgage that
40 would otherwise be subject to tax pursuant to paragraph (1)(b).
41 Section 2. This act shall take effect July 1, 2021.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0917-01-c1
CS/HB 919
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 919 Preemption Over Restriction of Utility Services
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee; Tomkow
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1128

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 16 Y, 1 N, As CS Keating Keating

2) Local Administration & Veterans Affairs 14 Y, 4 N Renner Miller
Subcommittee

3) Commerce Committee Keating Hamon

A local government enactment may be inconsistent with state law if (1) the Legislature has preempted a
particular subject area or (2) the local enactment conflicts with a state statute. Where state preemption applies
it precludes a local government from exercising authority in that particular area.

The bill prohibits a municipality, county, special district, or other political subdivision of the state from enacting
or enforcing a resolution, ordinance, rule, code, or policy, or take any other action that restricts or prohibits, or
has the effect of restricting or prohibiting, the types or fuel sources of energy production which may be used,
delivered, converted, or supplied by the following entities to customers that these entities are authorized to
serve:
 Investor-owned electric utilities;
 Municipal electric utilities;
 Rural electric cooperatives;
 Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
 Investor-owned gas utilities;
 Gas districts;
 Municipal natural gas utilities;
 Natural gas transmission companies; and
 Certain propane dealers, dispensers, and gas cylinder exchange operators.

The bill provides that any municipal, county, special district, or political subdivision charter, resolution,
ordinance, rule, code, policy, or action preempted by the bill that existed before or on July 1, 2021, is void.

The bill provides that it does not expand or alter the jurisdiction of the Public Service Commission.

The bill appears to have no fiscal impact on state government. The fiscal impact of the bill on local
governments is indeterminate. See Fiscal Comments section.

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.
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DATE: 4/12/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Local Government Authority

The Florida Constitution grants county and municipal governments broad home rule authority.
Specifically, non-charter county governments may exercise those powers of self-government that are
provided by general or special law.1 Those counties operating under a county charter have all powers
of self-government not inconsistent with general law or special law approved by vote of the electors.2
Likewise, municipalities3 have those governmental, corporate, and proprietary powers enabling them to
conduct municipal government, perform their functions and provide services, and exercise any power
for municipal purposes, except as otherwise provided by law.4

A “special district” is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.5 Special districts are created by general law,6 special
act,7 local ordinance,8 or by rule of the Governor and Cabinet.9 A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.10

As of March 17, 2021, there are 627 active dependent11 special districts and 1,163 active independent
special districts in Florida.12 Community development districts are the most frequently created form of
independent special district. Other common special districts in Florida include water control districts, fire
control districts, and community redevelopment agencies.13 Currently, one special electric district and
four special natural gas districts exist in Florida.14

Intergovernmental Utility Authorities

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
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
6
S. 189.031(3), F.S.
7
Id.
8
S. 189.02(1), F.S.
9
S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
10
2020-2022 Local Gov’t Formation Manual, p. 62,
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Session=2021&D
ocumentType=General+Publications&FileName=2021-2022+Local+Government+Formation+Manual.pdf (last visited March 15,
2021).
11
Dependent special districts are under some control by a single county or municipality. S. 189.012(2), F.S. An independent special
district is any district that is not a dependent district. S. 189.012(3), F.S. A special district that includes more than one county is
independent unless it lies wholly within the boundaries of a single municipality.
12
Florida Department of Economic Opportunity, Division of Community Development, Special District Accountability Program,
Official List of Special Districts Online, State Totals, http://dca.deo.myflorida.com/fhcd/sdip/OfficialListdeo/report.cfm (last visited
March 17, 2021).
13
Florida Department of Economic Opportunity, Division of Community Development, Special District Accountability Program,
Official List of Special Districts Online, Special District Function Totals at http://www.floridajobs.org/community-planning-and-
development/assistance-for-governments-and-organizations/special-district-accountability-program (last visited Feb. 28, 2021).
14
See PSC, Facts & Figures of the Florida Utility Industry
http://www.psc.state.fl.us/Files/PDF/Publications/Reports/General/Factsandfigures/April%202020.pdf (last visited Feb. 28, 2021).
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The Florida Interlocal Cooperation Act of 1969 (Act) allows local governmental units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage.15 The Act provides that local governmental entities may jointly exercise their powers by
entering into a contract in the form of an interlocal agreement.16 Under such an agreement, the local
governmental units may create a separate legal or administrative entity “to provide services and
facilities in a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development of local
communities.”17

In 1978, the Florida Municipal Power Agency (FMPA) was created through a series of interlocal
agreements under s. 163.01, F.S., to provide wholesale power supply to municipal electric utilities.
FMPA is currently owned by 31 municipalities.18 Through various joint power supply projects19, it
supplies all of the electrical power needs of 13 member utilities (referred to as “All-Requirements
Project” or “ARP” members) and some of the power needs for seven other member utilities. Through
these projects, FMPA members maintain ownership interests in various electrical power plants
throughout Florida. FMPA manages the transmission of electrical power over facilities owned by FMPA
or its ARP members. FMPA also manages a “power pool” that includes the generating resources of its
All-Requirements Project, Lakeland Electric, and Orlando Utilities Commission.20

Local Government Authority over Matters Related to Utility and Energy Services

Many of the powers granted to local governments by general law relate, directly or indirectly, to the
provision of utility or other energy services to property owners or utility customers in general or to the
authority of local governments to provide these services themselves. These powers include, but may
not be limited to, the authority to:
 Prepare and enforce comprehensive plans for development.21
 Issue development permits and orders.22
 Establish, coordinate, and enforce zoning and such business regulations as are necessary for
the protection of the public.23
 Enforce the Florida Building Code and adopt and enforce local technical amendments thereto.24
 Enter into contracts with utility companies or others for the supply of water, electricity, or
telephone service to or in connection with any project.25
 Construct, operate, and maintain gas plants and distribution systems for domestic, municipal,
and industrial uses,26 construct such other buildings and facilities as may be required to properly

15
S. 163.01(2), F.S.
16
S. 163.01(5), F.S.
17
S. 163.01(2), F.S.
18
Currently, FMPA serves the following municipalities: Alachua, Bartow, Blountstown, Bushnell, Chattahoochee, Clewiston, Fort
Meade, Fort Pierce, Gainesville, Green Cove Springs, Havana, Homestead, Jacksonville Beach, Key West, Kissimmee, Lake Worth,
Lakeland, Leesburg, Moore Haven, Mount Dora, New Smyrna Beach, Newberry, Ocala, Orlando, Quincy, St. Cloud, Starke, Vero
Beach, Wauchula, Williston, and Winter Park. F LORIDA MUNICIPAL POWER AGENCY, Members, http://fmpa.com/about/members/
(last visited Feb. 28, 2021).
19
S. 361.12, F.S., authorizes any electric utility, or any organization, association, or separate legal entity whose membership consists
only of electric utilities, to join with any other such entity to finance, acquire, construct, manage, operate, or own an electric power
supply project for the joint generation or transmission of electrical energy, or both. Further, section 361.13, F.S., authorizes any such
entity to purchase capacity or energy, or both, in an agreed upon quantity from any project in which the purchaser has an ownership
interest.
20
FLORIDA MUNICIPAL POWER AGENCY. For a list of the projects and the cities participating in each project, see F LORIDA MUNICIPAL
POWER AGENCY, Projects, https://fmpa.com/power-supply-projects/ (last visited Feb. 28, 2021).
21
S. 125.01(1)(g), F.S.
22
Ss. 125.022, F.S. and 166.033, F.S.
23
S. 125.01(1)(h), F.S.
24
S. 125.01(1)(bb), F.S.
25
S. 125.012(19), F.S.
26
S. 180.06(8), F.S.
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and economically operate and maintain such works,27 and make all necessary rules or
regulations governing the use, control and operation of such works;28
 Contract with private companies for the right to construct, operate, and maintain gas plants and
distribution systems for domestic, municipal, and industrial uses, including the privilege or
franchise of exercising its corporate powers for such terms of years and upon such conditions
and limitations as may be deemed expedient and for the best interest of the municipality, for up
to 30 years, provided that the rates or charges to be made by the private company to the
individual users of the utility are fixed by the municipality. 29
 Provide and regulate roads, rights-of-way, and related transportation facilities.30
 License the use of gas and power lines in rights-of-way.31
 Adopt, revise, and amend, from time to time, appropriate ordinances, rules, and regulations
reasonably necessary to maintain air quality standards established pursuant to state and federal
law, including the federal Clean Air Act.32

Further, general law provides a role for local governments in state proceedings related to the siting of
certain new electrical power plants, transmission lines, and natural gas pipelines. Specifically, part II of
ch. 403, F.S., requires local governments to provide a report to the Department of Environmental
Protection (DEP) as to the consistency of proposed electrical power plants, transmission lines, and
natural gas pipelines with all applicable local ordinances, regulations, standards, or criteria that apply to
the proposed facility, including local comprehensive plans, zoning regulations, land development
regulations, and any applicable local environmental regulations.33

Municipalities are authorized to levy a public service tax on the purchase of electricity, natural gas
liquefied petroleum gas, and manufactured gas.34

As noted above, many municipalities own and operate electric utilities and natural gas utilities and
govern the operation of those utilities through ordinance, code, or policies. Some special districts
provide these services under policies adopted by each special district.

State Preemption

Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred.36 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent.37 In cases where the
Legislature expressly or specifically preempts an area, there is no problem with ascertaining what the

27
S. 180.06(9), F.S.
28
S. 180.13, F.S.
29
S. 180.14, F.S.
30
S. 125.01(1)(m), F.S.
31
S. 125.42, F.S.
32
S. 125.275, F.S.
33
Ss. 403.507(2)(a)3., 403.526(2)(a)5., and 403.941, F.S.
34
S. 166.231, F.S.
35
Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009),
https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-analysis/ (last visited
March 16, 2021).
36
See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
37
Mulligan, 934 So. 2d at 1243.
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Legislature intended.38 In cases determining the validity of ordinances enacted in the face of state
preemption, the effect has been to find such ordinances null and void.39

Effect of the Bill

The bill prohibits a municipality, county, special district, or other political subdivision of the state from
enacting or enforcing a resolution, ordinance, rule, code, or policy, or take any other action that restricts
or prohibits, or has the effect of restricting or prohibiting, the types or fuel sources of energy production
which may be used, delivered, converted, or supplied by the following entities to customers that these
entities are authorized to serve:
 Investor-owned electric utilities;
 Municipal electric utilities;
 Rural electric cooperatives;
 Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
 Investor-owned gas utilities;
 Gas districts;
 Municipal natural gas utilities;
 Natural gas transmission companies; and
 Certain propane dealers, dispensers, and gas cylinder exchange operators.

The bill provides that it does not expand or alter the jurisdiction of the Public Service Commission.

The bill provides that any municipality, county, special district, or political subdivision charter,
resolution, ordinance, rule, code, policy, or action that is preempted by this act that existed before or on
July 1, 2021, is void.

B. SECTION DIRECTORY:
Section 1 Creates s. 366.032, F.S.; prohibiting specified governmental entities from taking actions
related to the types or fuel sources of energy production used by specified utilities and
energy service providers.

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.

38
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
39
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Indeterminate. See Fiscal Comments.

2. Expenditures:
Indeterminate. See Fiscal Comments.

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

D. FISCAL COMMENTS:
The bill preempts any action of a municipality, county, special district, or other political subdivision that
restricts or prohibits or has the effect of restricting or prohibiting the type or fuel sources of energy
production used by specified utilities and energy service providers. The extent to which this preemption
may impact the exercise of powers granted to these governmental entities under general law, as well
as the operation of existing utilities and energy services owned and operated by these entities, is not
clear. Thus, the fiscal impact of the bill on local governments is indeterminate.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

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

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill preempts any action of a municipality, county, special district, or other political subdivision that
“restricts or prohibits or has the effect of restricting or prohibiting” the type or fuel sources of energy
production used by specified utilities and energy service providers. (Emphasis added.) The extent to
which this preemption may impact the exercise of powers granted to these governmental entities under
general law is not clear.

As drafted, the bill may prohibit a municipality or special district from choosing how to operate an
electric or natural gas utility or an LP gas service that it owns and operates.

The bill preempts any action of a municipality, county, special district, or other political subdivision that
restricts or prohibits or has the effect of restricting or prohibiting the type or fuel sources of energy
production which may be “used, delivered, converted, or supplied” by specified utilities and LP gas
service providers “to customers.” However, no utility or LP gas service provider “uses” or “converts”
fuels “to” customers. Instead, for example, electric utilities use or convert various fuels to produce
electricity, and that electricity is then delivered or supplied to customers. If the intent of the bill is to
capture the types or fuel sources of energy production used or converted by utilities or LP gas service
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providers to produce another form of energy that is then delivered or supplied to customers, the bill
could be amended to clarify this intent.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 11, 2021, the Tourism, Infrastructure & Energy Subcommittee adopted one amendment to the
bill and reported the bill favorably as a committee substitute. The amendment:
 Modified the prohibition in the bill to address actions that restrict or prohibit or have the effect of
restricting or prohibiting the types or fuel sources of energy production which may be used,
delivered, converted, or supplied by certain energy providers to customers that those providers are
authorized to serve.
 Provided that the bill does not expand or alter current Public Service Commission jurisdiction.
 Removed an exception for levying public services taxes.
 Removed a definition for the term “utility service provider” and removed references to that term.

This analysis reflects the committee substitute adopted by the Tourism, Infrastructure & Energy
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 919 2021

1 A bill to be entitled
2 An act relating to preemption over restriction of
3 utility services; creating s. 366.032, F.S.;
4 prohibiting municipalities, counties, special
5 districts, or other political subdivisions from
6 restricting or prohibiting the types or fuel sources
7 of energy production used, delivered, converted, or
8 supplied by certain entities to customers; providing
9 construction; voiding existing specified documents and
10 policies that are preempted by this act; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 366.032, Florida Statutes, is created
16 to read:
17 366.032 Preemption over utility service restrictions.-
18 (1) A municipality, county, special district, or other
19 political subdivision of the state may not enact or enforce a
20 resolution, ordinance, rule, code, policy, or take any action
21 that restricts or prohibits or has the effect of restricting or
22 prohibiting the types or fuel sources of energy production which
23 may be used, delivered, converted, or supplied by the following
24 entities to customers that such entities are authorized to
25 serve:

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0919-01-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 919 2021

26 (a) A public utility or an electric utility as defined in
27 this chapter;
28 (b) An entity formed under s. 163.01 that generates,
29 sells, or transmits electrical energy;
30 (c) A natural gas utility as defined in s. 366.04(3)(c);
31 (d) A natural gas transmission company as defined in s.
32 368.103; or
33 (e) A Category I liquefied petroleum gas dealer or
34 Category II liquefied petroleum gas dispenser or Category III
35 liquefied petroleum gas cylinder exchange operator as defined in
36 s. 527.01.
37 (2) This section does not expand or alter the jurisdiction
38 of the commission over public utilities or electric utilities.
39 Section 2. Any municipality, county, special district, or
40 political subdivision charter, resolution, ordinance, rule,
41 code, policy, or action that is preempted by this act that
42 existed before or on July 1, 2021, is void.
43 Section 3. This act shall take effect July 1, 2021.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0919-01-c1
COMMERCE COMMITTEE

CS/HB 919 by Rep. Tomkow
PREEMPTION OVER RESTRICTION OF UTILITY SERVICES

AMENDMENT SUMMARY
APRIL 14, 2021

Amendment 1 by Rep. Tomkow (Line 36):
• Provides that the bill does not prohibit the board of a municipality or
governmental entity from adopting rules, regulations, and policies governing an
electric or natural gas utility that it owns or operates and directly controls.

Amendment 2 by Rep. Tomkow (Line 24)
• Clarifies that the bill applies to actions that impact the types or fuel sources of
energy production which may be used, delivered, converted, or supplied by
certain entities “to serve” their customers.

Amendment 3 by Rep. Daley (Line 21):
• Removes the preemption of local government actions that have “the effect of
restricting or prohibiting” the types or fuel sources of energy production which
may be used, delivered, converted, or supplied by certain entities to serve their
customers.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 919 (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 Tomkow offered the following:
3
4 Amendment
5 Between lines 36 and 37, insert:
6 (2) Notwithstanding the restrictions of this section,
7 nothing herein shall be interpreted to prevent the board of a
8 municipality or governmental entity, which owns or operates, and
9 directly controls an electric or natural gas utility, from
10 passing rules or regulations, or policies governing such
11 utility.

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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 919 (2021)
Amendment No. 2

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 Tomkow offered the following:
3
4 Amendment (with title amendment)
5 Remove line 24 and insert:
6 entities to serve customers that such entities are authorized to
7
8 -----------------------------------------------------
9 T I T L E A M E N D M E N T
10 Remove line 8 and insert:
11 supplied by certain entities to serve customers; providing

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Published On: 4/13/2021 3:10:38 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 919 (2021)
Amendment No. 3

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 Daley offered the following:
3
4 Amendment
5 Remove lines 21-22 and insert:
6 that restricts or prohibits the types or fuel sources of energy
7 production which

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Page 1 of 1
CS/CS/HB 969
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 969 Consumer Data Privacy
SPONSOR(S): Civil Justice & Property Rights Subcommittee, Regulatory Reform Subcommittee, McFarland,
and others
TIED BILLS: CS/HB 971 IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee 18 Y, 0 N, As CS Wright Anstead

2) Civil Justice & Property Rights Subcommittee 17 Y, 0 N, As CS Mathews Jones

3) Commerce Committee Wright Hamon

SUMMARY ANALYSIS
Florida, like most states, has laws requiring businesses to disclose to consumers when a breach of security
occurs that affects a consumer’s personal information. In 2014, Florida passed the Florida Information
Protection Act (FIPA) that requires commercial and government entities which store or maintain a Floridian’s
personal information to take reasonable measures to protect such information and report data breaches.

The bill adds “biometric data” to the definition of “personal information” in FIPA. Thus, entities in possession of
fingerprints, DNA, and other biological or physiological identifying information must take reasonable measures
to protect the biometric data and report data breaches.

Due to the growth in the Internet and specifically the growth in companies whose entire business model is the
collection of personal information for the purpose of selling targeted advertising, many countries and states
have adopted or updated their laws relating to the collection and use of personal information. Specifically, the
European Union, and states like California, Virginia and Illinois, have enacted data privacy regulations to
protect personal information and give consumers more control over how their information is used.

The bill requires certain businesses to publish a privacy policy for personal information.

The bill defines “personal information” as information that identifies, relates to, or describes a particular
consumer or household, or is reasonably capable of being directly or indirectly associated or linked with, a
particular consumer or household. The term does not include public information that is readily available to the
public from government records or deidentified or aggregate consumer information.

The bill gives consumers certain rights related to personal information collected by a business, including:
 The right to access personal information collected,
 The right to delete or correct personal information, and
 The right to opt-out of the sale or sharing of personal information.

The bill requires businesses to comply with certain consumer requests and make certain information available
on the business’s website.

The bill allows the Department of Legal Affairs to bring an action against, and collect civil penalties from, a
business who violates these requirements. Consumers whose personal information has been breached, sold,
or shared after opting-out, or retained after a request to delete or correct may also bring a cause of action
against the business in certain limited circumstances.

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

The bill has an effective date of January 1, 2022.

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:

Florida Information Protection Act – Current Situation

In 2014, Florida passed the Florida Information Protection Act (FIPA).1 FIPA requires commercial
covered entities2 and government entities which hold personal information to take reasonable
measures to protect such information and report data breaches to affected consumers.3

FIPA defines “personal information” as:
 online account information, such as security questions and answers, email addresses and
passwords;
 an individual’s first name or first initial and last name in combination with any one or more of the
following:
o A social security number;
o A driver license or similar identity verification number issued on a government
document;
o A financial account number or credit or debit card number, in combination with any
required security code, access code, or password that is necessary to permit access to
an individual’s financial account;
o Any medical history information; or
o An individual’s health insurance identification numbers.4

Personal information does not include information:
 about an individual that has been made publicly available by a federal, state, or local
governmental entity; or
 that is encrypted, secured, or modified to remove elements that personally identify an individual
or that otherwise renders the information unusable.5

If a breach of personal information occurs, notice must be given to each individual in this state whose
personal information was accessed as a result of the breach. If the breach affected 500 or more
individuals in this state, the covered entity must also provide notice to the Department of Legal Affairs
(DLA). If the breach affected more than 1,000 individuals at a single time, credit reporting agencies
must be notified of such breach, with certain exceptions.6

FIPA expressly does not provide a private cause of action, but does authorize enforcement actions by
DLA under Florida’s Unfair and Deceptive Trade Practices Act (FDUTPA) against covered entities for
any statutory violations.7

In addition to the remedies provided for under FDUTPA, a covered entity that fails to notify DLA, or an
individual whose personal information was accessed, of the data breach is liable for a civil penalty not
to exceed $500,000:
 In the amount of $1,000 for each day up to the first 30 days following any violation, thereafter,
$50,000 for each subsequent 30-day period or portion thereof for up to 180 days.
 If the violation continues for more than 180 days, in an amount not to exceed $500,000.

1 S. 501.171, F.S.; Fla. SB 1524 (2014) (FIPA expanded and updated Florida’s data breach disclosure laws contained in s. 817.5681,

F.S. (2013), which was adopted in 2005 and repealed in 2014.)
2 “Covered entity” means a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial

entity that acquires, maintains, stores, or uses personal information. S. 501.171(1)(b), F.S.
3 Florida Office of the Attorney General, How to Protect Yourself: Data Security,

http://myfloridalegal.com/pages.nsf/Main/53D4216591361BCD85257F77004BE16C (last visited Mar. 24, 2021).
4 Id.; S. 501.171(1)(g)1., F.S.
5 S. 501.171(1)(g)2., F.S.
6 S. 501.171(3)-(6), F.S.
7 S. 501.171(9), (10), F.S.; OAG supra note 3.

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The civil penalties for failure to notify apply per breach and not per individual affected by the breach.

Florida Deceptive and Unfair Trade Practices Act

FDUTPA is a consumer and business protection measure that prohibits unfair methods of competition,
unconscionable acts or practices, and unfair or deceptive acts or practices in trade or commerce.8
FDUTPA is based on federal law.9

DLA or the Office of the State Attorney (SAO) may bring actions when it is in the public interest on
behalf of consumers or governmental entities.10 SAO may enforce violations of the FDUTPA if the
violations take place in its jurisdiction. DLA has enforcement authority if the violation is multi-
jurisdictional, the state attorney defers in writing, or the state attorney fails to act within 90 days after a
written complaint is filed.11 In certain circumstances, consumers may also file suit through private
actions.12

DLA and the SAO have powers to investigate FDUTPA claims, which include:13
 administering oaths and affirmations,
 subpoenaing witnesses or matter, and
 collecting evidence.

DLA and the State Attorney, as enforcing authorities, may seek the following remedies:
 declaratory judgments,
 injunctive relief,
 actual damages on behalf of consumers and businesses,
 cease and desist orders, and
 civil penalties of up to $10,000 per willful violation.14

Florida Information Protection Act – Effect of the Bill

The bill adds “biometric data” to the definition of “personal information.”

“Biometric data” is defined as an individual's physiological, biological, or behavioral characteristics,
including an individual's deoxyribonucleic acid (DNA), that can be used, singly or in combination with
each other or with other identifying data, to establish individual identity. The term includes, but is not
limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings,
from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be
extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise
data that contain identifying information.

The bill includes biometric data in FIPA’s definition of “personal information” so that covered entities are
required to notify the affected individual, the DLA, and credit reporting agencies of a breach of such

8 Ch. 73-124, L.O.F., and s. 501.202, F.S.
9 D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. MIAMI L. REV. 1083

(Summer 2011).
10 S. 501.207(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the state attorney if

a violation occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal Affairs if the violation occurs
in more than one circuit; or if the office of the state attorney defers to the department in writing; or fails to act within a specified period.);
see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and Geographic Coverage; State Actions for
Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the merits of FDUPTA and the potential for deterrence of
anticompetitive conduct in Florida), available at
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300791ec1!Op
enDocument&Highlight=0,business,Division* (last visited on Mar. 24, 2021).
11 S. 501.203(2), F.S.
12 S. 501.211, F.S.
13 S. 501.206(1), F.S.
14 Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities may also

request attorney fees and costs of investigation or litigation. S. 501.2105, F.S.
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information. The bill also provides that DLA may bring a FDUTPA action against a covered entity which
fails to notify DLA of or an individual affected by a breach of biometric information.

Consumer Data Privacy – Current Situation

Consumer Data

As technologies that capture and analyze data proliferate, so, too, do businesses' abilities to
contextualize consumer data. Businesses use it for a range of purposes, including better understanding
of day-to-day operations, making more informed business decisions and learning about their
customers.15

From consumer behavior to predictive analytics, companies regularly capture, store, and analyze large
amounts of quantitative and qualitative data on their consumer base every day. Some companies have
built an entire business model around consumer data, whether the companies are selling personal
information to a third party or creating targeted ads.16

Generally, the types of consumer data that businesses collect are:17
• Personal data, which includes personally identifiable information, such as Social Security
numbers and gender, as well as identifiable information, including IP address, web browser
cookies, and device IDs;
• Engagement data, which details how consumers interact with a business's website, mobile
apps, social media pages, emails, paid ads and customer service routes;
• Behavioral data, which includes transactional details such as purchase histories, product usage
information, and qualitative data; and
• Attitudinal data. This data type encompasses metrics on consumer satisfaction, purchase
criteria, product desirability and more.

General Data Protection Regulation (European Union)

In 2016, The European Union passed a broad data privacy law that addressed several areas of
consumer rights and data protection called the General Data Protection Regulation (GDPR).18 The law
became effective in 2018 and unified the regulatory approach to data privacy across the European
Union. The GDPR has since become a model for other data privacy laws in other countries, including
Chile, Japan, Brazil, South Korea, Argentina, and Kenya.19

Under the GDPR, personal data is anything that allows a person to be identified. Under GDPR,
individuals, organizations, and companies that are either 'controllers' or 'processors' of personal data
are covered by the law. Controllers exercise overall control over the purposes and means of processing
personal data. Processors act on behalf of, and only on the instructions of, the relevant controller.20

Before processing or collecting any personal data, any business must ask for explicit permission from
the subject or person. The request must use clear language.

The provisions of the GDPR specifically ban the use of long documents filled with legalese - hiding
permissions within Terms and Conditions or a Privacy Policy will not meet the requirements. Consent

15 Max Freedman, How Businesses Are Collecting Data (And What They’re Doing With It), Business News Daily (Jun. 17, 2020)

https://www.businessnewsdaily.com/10625-businesses-collecting-data.html (last visited Mar. 24, 2021).
16 Id.
17 Id.
18 European Data Protection Supervisor, The History of the General Data Protection Regulation, https://edps.europa.eu/data-

protection/data-protection/legislation/history-general-data-protection-regulation_en (last visited Mar. 24, 2021).
19 Id.
20 Wired, What is the GDPR? The summary guide to GDPR compliance in the UK, https://www.wired.co.uk/article/what-is-gdpr-uk-eu-

legislation-compliance-summary-fines-2018 (last visited Mar. 24, 2021).
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must be given for a specific purpose and must be requested separately from other documents and
policy statements. 21

The GDPR requires companies to provide, at the data subject's request, confirmation as to whether
personal data pertaining to them is being processed, where it is being processed, and for what
purpose. Companies must also be able to provide, free of charge, a copy of the personal data being
processed in an electronic format.22

Under the GDPR, companies must erase all personal data when asked to do so by the data subject. At
that point, the company must cease further dissemination of the data, and halt all processing. Valid
conditions for erasure include situations where the data is no longer relevant, or the original purpose
has been satisfied, or merely a data subject's subsequent withdrawal of consent.23

The GDPR requires companies to provide mechanisms for a data subject to receive any previously
provided personal data in a commonly used and machine-readable format.24

California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)

The California Consumer Privacy Act of 2018 (CCPA) was passed to give consumers more control over
the personal information that businesses collect. This landmark law in the United States granted new
privacy rights for California consumers, including:25
• The right to know about the personal information a business collects, specifically about the
consumer, and how it is used and shared;
• The right to delete personal information collected with some exceptions;
• The right to opt-out of the sale of personal information; and
• The right to non-discrimination for exercising the CCPA rights.

The CCPA applies to for-profit businesses that do business in California that also meet any of the
following:26
• Have a gross annual revenue of over $25 million;
• Buy, receive, or sell the personal information of 50,000 or more California residents,
households, or devices; or
• Derive 50 percent or more of their annual revenue from selling California residents’ personal
information.

Businesses are required to give consumers certain notices explaining their privacy practices and
provide certain mechanisms to allow consumers to exercise their rights.27

The law is largely enforced by the Attorney General, and businesses are subject to fines for violating
the law. Consumers may only bring a cause of action against a business if certain categories of
personal information tied to their name have been stolen in a nonencrypted and nonredacted form.28 As
of July 2020, approximately 50 suits had been filed pursuant to this provision.29

The California Privacy Rights Act (CPRA) passed in 2020 as a statewide proposition, though it is not
effective until January 1, 2023. The CPRA amends and expands the CCPA. Specifically dealing with

21 TechRepublic, GDPR: A cheat sheet, https://www.techrepublic.com/article/the-eu-general-data-protection-regulation-gdpr-the-smart-

persons-guide/ (last visited Mar. 24, 2021).
22 Id.
23 Id.
24 Id.
25 State of California Department of Justice, Office of the Attorney General, California Consumer Privacy Act (CCPA),

https://oag.ca.gov/privacy/ccpa (last visited Mar. 24, 2021).
26 Cal. Civ. Code § 1798.140.
27 Cal. Civ. Code §§ 1798.130, 1798.135.
28 Cal. Civ. Code §§ 1798.150, 1798.155.
29 Holland & Knight LLP, Litigating the CCPA in Court, https://www.hklaw.com/en/insights/publications/2020/07/litigating-the-ccpa-in-

court (last visited Mar. 24, 2021).
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certain areas of concern with the CCPA and it also created a new agency to handle complaints and
enforcement. The CPRA changes the CCPA in the following ways:30
• Allowing consumers to:
o prevent businesses from sharing personal information;
o correct inaccurate personal information; and
o limit businesses’ use of “sensitive personal information”—including precise geolocation;
race; ethnicity; religion; genetic data; private communications; sexual orientation; and
specified health information;
• Establishing California Privacy Protection Agency to additionally enforce and implement
consumer privacy laws and impose fines;
• Changing criteria for which businesses must comply with laws by:
o Doubling the CCPA’s threshold number of consumers or households from 50,000 to
100,000, resulting in reduced applicability of the law to small and midsize businesses;
o Expanding applicability to businesses that generate most of their revenue from sharing
personal information, not just selling it; and
o Extending the definition to joint ventures or partnerships composed of businesses that
each have at least a 40 percent interest.
• Prohibiting businesses’ retention of personal information for longer than reasonably necessary;
• Tripling maximum penalties for violations concerning consumers under age 16; and
• Authorizing civil penalties for theft of consumer login information.

Virginia Consumer Data Protection Act

On March 2, 2021, the Virginia Consumer Data Protection Act (VCDPA) was signed into law.31 The
VCDPA, which will not become effective until January 1, 2023, borrows heavily from CCPA and
GDPR.32 Because Virginia was able to benefit from the experience of businesses that have spent the
better part of the last five years implementing GDPR or CCPA, the Virginia law is less prescriptive and
more straightforward than its predecessors, and potentially may be a lighter implementation task for
companies.33

Generally, with regard to personal data, the VCDPA grants consumers the right to:
 access,
 correct,
 delete,
 obtain a copy of, and
 to opt-out of the processing of personal data for the purposes of targeted advertising.

VCDPA contains exceptions for certain types of data and information governed by federal law. It
provides that the Attorney General has exclusive authority to enforce violations of the law, and does not
provide a private cause of action to consumers. VCDPA applies to persons conducting business in the
state that either:
• control or process personal data of at least 100,000 consumers or
• derive over 50 percent of gross revenue from the sale of personal data and control or process
personal data of at least 25,000 consumers.34

Comparison of The GDPR, CCPA as amended by the CPRA, and VCDPA

30 Ballotpedia, California Proposition 24, Consumer Personal Information Law and Agency Initiative (2020),

https://ballotpedia.org/California_Proposition_24,_Consumer_Personal_Information_Law_and_Agency_Initiative_(2020) (last visited
Mar. 24, 2021).
31 JDSupra, Virginia’s Consumer Data Protection Act Has assed: What’s in It?, https://www.jdsupra.com/legalnews/virginia-s-consumer-

data-protection-act-1577777/ (last visited Mar. 24, 2021).
32 Sidley Austin LLP, East Coast Meet West Coast: Enter the Virginia Consumer Data Privacy Protection Act,

https://www.sidley.com/en/insights/newsupdates/2021/03/east-coast-meets-west-coast-enter-the-virginia-consumer-data-protection-act
(last visited Mar. 24, 2021).
33 Id.
34 Virginia’s Legislative Information System, Bill Summary for SB 1392, https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1392S

(last visited Mar. 24, 2021).
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35

Illinois Biometric Information Privacy Act

In 2008, Illinois adopted the Biometric Information Privacy Act (BIPA), which puts in place safeguards
and procedures relating to the retention, collection, disclosure, and destruction of biometric information
and specifically protects the biometric information of those in the state. It was the first state law in the
U.S. to specifically regulate biometrics.

Under BIPA, a private entity:36
 in possession of biometric data (defined as retina or iris scan, fingerprint, voiceprint, or scan of
hand or face geometry) must have a written policy establishing a retention schedule and
guidelines for permanently destroying such data;
 may not collect, capture, purchase, receive through trade, or otherwise obtain biometric data
unless it informs the subject that the data is being stored and the manner of storage, and
receives a written release from the subject;
 may not profit from a person’s biometric data;
 may not disseminate a person’s biometric data unless the subject consents, is authorized by the
subject, or is required by law or a valid warrant or subpoena; and
 must store, transmit, and protect biometric data with a reasonable standard of care and in a
manner as or more protective as other confidential and sensitive information.

BIPA provides a private cause of action, with relief including:37
 liquidated damages of $1,000 or actual damages, whichever is greater, against a private entity
that negligently violates BIPA;
 liquidated damages of $5,000 or actual damages, whichever is greater, against a private entity
that intentionally or recklessly violates BIPA;

35 JDSupra, Virginia Is For Lovers…Of Data Privacy, https://www.jdsupra.com/legalnews/virginia-is-for-lovers-of-data-privacy-3879845/

(last visited Mar. 24, 2021).
36 740 Ill. Comp. Stat. 14/10, 14/15 (2008).
37 740 Ill. Comp. Stat. 14/20 (2008).

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 reasonable attorneys' fees and costs; and
 other relief, including an injunction, as the court deems appropriate.

Because Illinois granted a private cause of action for violations of BIPA, there have been several
lawsuits claiming damages for privacy and use violations, and Illinois courts have upheld the law. On
January 25, 2019, the Illinois Supreme Court found that an individual does not need to allege an actual
injury or adverse effect, beyond violation of their rights under BIPA, to qualify as an aggrieved party.
Therefore, anyone whose biometric data is affected by a violation of BIPA may seek liquidated
damages or injunctive relief under the Act.38 Court documents also tend to support the notion that an
individual in Illinois has a valid cause of action if their biometric data is taken without consent by a
private entity, including out-of-state entities, but it is subject to a finding of fact.39

Federal Laws Addressing Data Privacy

While there is no broad federal law addressing data privacy, there are several laws that address the
need to keep certain data private or protected in various industries.

Health Insurance Portability and Accountability Act

The Health Insurance Portability and Accountability Act of 1996 (HIPAA)40 is a federal law that required
the creation of national standards to protect sensitive patient health information from being disclosed
without the patient’s consent or knowledge. The U.S. Department of Health and Human Services (HHS)
issued the HIPAA Privacy Rule41 to implement the requirements of HIPAA. The HIPAA Security Rule
protects a subset of information covered by the Privacy Rule.42

HIPAA’s Privacy Rule protects all "individually identifiable health information" held or transmitted by a
covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The
Privacy Rule calls this information "protected health information (PHI)" from being disclosed without the
patient’s consent or knowledge.43

“Individually identifiable health information” is information, including demographic data, that relates to:44
• the individual’s past, present or future physical or mental health or condition,
• the provision of health care to the individual, or
• the past, present, or future payment for the provision of health care to the individual.

The Privacy Rule excludes from protected health information employment records that a covered entity
maintains in its capacity as an employer and education and certain other records subject to, or defined
in, the Family Educational Rights and Privacy Act.45 20 U.S.C. §1232g.

The Security Rule applies to the subset of identifiable health information a covered entity creates,
receives, maintains, or transmits in electronic form, and is called “electronic protected health
information” (e-PHI). The Security Rule does not apply to PHI transmitted orally or in writing. To comply
with the Security Rule, all covered entities must do the following:46
• Ensure the confidentiality, integrity, and availability of all electronic protected health information,
• Detect and safeguard against anticipated threats to the security of the information,
• Protect against anticipated impermissible uses or disclosures, and
• Certify compliance by their workforce.

38 Rosenbach v. Six Flags Entertainment Corporation, 2019 IL 123186.
39 Rivera v. Google, Inc., 238 F.Supp.3d 1088 (N.D. Ill. 2017).; In re Facebook Biometric Information Privacy Litigation, 185 F.Supp.3d

1155 (N.D. Cal. (2016).; Norberg v. Shutterfly, Inc., 152 F.Supp.3d 1103 (N.D. Ill. 2015).
40 42 U.S.C. § 1320.
41 45 C.F.R. §§ 160 and 164.
42 Centers for Disease Control and Prevention, Health Insurance Portability and Accountability Act of 1996 (HIPAA),

https://www.cdc.gov/phlp/publications/topic/hipaa.html (last visited Mar. 24, 2021).
43 Id.
44 45 C.F.R. § 160.103.
45 20 U.S.C. § 1232(g).
46 CDC, supra note 42.

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“Covered entities” who must abide by the Privacy Rule and the Security Rule are:47
• health plans,
• healthcare providers,
• healthcare clearinghouses, and
• business associates.

Federal Policy for the Protection of Human Subjects

The Federal Policy for the Protection of Human Subjects, or the “Common Rule,” is a rule promulgated
by the U.S. Food and Drug Administration (FDA).48 The Common Rule governs the ethical conduct of
research involving human subjects. Fifteen federal agencies and departments are party to this rule,
which first came into effect in 1981. The Common Rule has not been substantively updated since
1991.49 Among other requirements, the Common Rule mandates that researchers protect the privacy of
subjects and maintain confidentiality of human subject data.50

The FDA is a member of the International Council for Harmonisation of Technical Requirements for
Pharmaceuticals for Human Use, which brings together the regulatory authorities and pharmaceutical
industry to develop guidelines for pharmaceutical trials.51

The Fair Credit Reporting Act

The Fair Credit Reporting Act52 (FCRA) protects information collected by consumer reporting agencies
such as credit bureaus, medical information companies and tenant screening services. Information in a
consumer report cannot be provided to anyone who does not have a purpose specified in the FCRA.
Companies that provide information to consumer reporting agencies also have specific legal
obligations, including the duty to investigate disputed information. In addition, users of the information
for credit, insurance, or employment purposes must notify the consumer when an adverse action is
taken on the basis of such reports.53

The Gramm-Leach-Bliley Act

The Gramm-Leach-Bliley Act54 requires financial institutions, such as companies that offer consumers
financial products or services like loans, financial or investment advice, mortgages, or insurance, to
explain their information-sharing practices to their customers and to safeguard sensitive data.55

The law requires that financial institutions protect information collected about individuals; it does not
apply to information collected in business or commercial activities.

In certain situations, consumers of a financial institution have opt-out rights from having their nonpublic
personal information shared with third parties.56

47 45 C.F.R. §§ 160.102, 160.103.
48 21 C.F.R. §§ 50, 60.
49 Association of Public and Land-Grant Universities, The “Common Rule” Federal Policy for the Protection of Human Subjects,

https://www.aplu.org/projects-and-initiatives/research-science-and-technology/common-
rule/#:~:text=The%20Federal%20Policy%20for%20the,been%20substantively%20updated%20since%201991. (last visited Mar. 24,
2021).
50 The University of Chicago, University Data Usage Guide, Sensitive Identifiable Human Subject Research Data,

https://dataguide.uchicago.edu/sensitive-identifiable-human-subject-research-data (last visited Mar. 24, 2021).
51 International Council for Harmonisation, Welcome to the ICH Official Website, https://www.ich.org/ (last visited Mar. 24, 2021).
52 15 U.S.C. § 1681.
53 The Federal Trade Commission, Fair Credit Reporting Act, https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act (last

visited Mar. 24, 2021).
54 15 U.S.C. § 6801.
55 The Federal Trade Commission, Gramm-Leach-Bliley Act, https://www.ftc.gov/tips-advice/business-center/privacy-and-

security/gramm-leach-bliley-act (last visited Mar. 24, 2021).
56 International Association of Privacy Processionals, In Brief: The Financial Privacy Requirements of the Gramm-Leach-Bliley Act,

https://iapp.org/media/pdf/knowledge_center/brief_requirements_GLBA.pdf (last visited Mar. 24, 2021).
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Driver’s Privacy Protection Act

The Driver’s Privacy Protection Act of 1994 (DPPA)57 protects the privacy of personal information
assembled by state departments of motor vehicles (DMVs).

The DPPA prohibits the release or use by any state DMV (or any officer, employee, or contractor
thereof) of personal information about an individual obtained by the DMV in connection with a motor
vehicle record, subject to certain exceptions, such as for legitimate government needs. It sets penalties
for violations and makes violators liable on a civil action to the individual to whom the released
information pertains.58

DPPA also requires states to get permission from individuals before their personal motor vehicle record
may be sold or released to third-party marketers.59

Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA)60 protects the privacy of student education
records. The law applies to all schools that receive funds under an applicable program of the U.S.
Department of Education. FERPA gives parents certain rights with respect to their children's education
records. These rights transfer to the student when they reaches the age of 18 or attends a school beyond
the high school level.

Schools may disclose, without consent, "directory" information such as a student's name, address,
telephone number, date and place of birth, honors and awards, and dates of attendance. However,
schools must tell parents and eligible students about directory information and allow parents and
eligible students a reasonable amount of time to request that the school not disclose directory
information about them. Schools must notify parents and eligible students annually of their rights under
FERPA.61

Consumer Data Privacy – Effect of the Bill

Overview

The bill creates certain consumer rights related to personal information, including:
 The right to access personal information collected specific to the individual consumer by a
business,
 The right to delete or correct personal information, and
 The right to opt-out of the sale of sharing of personal information to third parties.

The bill defines “personal information” as information that identifies, relates to, or describes a particular
consumer or household, or is reasonably capable of being directly or indirectly associated or linked
with, a particular consumer or household. The term does not include public information from
government records; or deidentified or aggregate consumer information.

A business that receives a verifiable consumer request to access, delete, correct, or opt-out must
comply with such consumer request, with certain exceptions.

Businesses may share personal information with a service provider, even if a consumer has “opted-
out,” if the service provider processes information on behalf of a business for a defined business
purpose pursuant to a written contract which limits how the service provider uses such information.

57 18 U.S.C. § 2721.
58 Electronic Privacy Information Center, The Drivers Privacy Protection Act (DPPA) and the Privacy of Your State Motor Vehicle

Record, https://epic.org/privacy/drivers/ (last visited Mar. 24, 2021).
59 Id.
60 20 U.S.C. § 1232(g); 34 C.F.R. § 99.
61 United States Department Of Education, Family Educational Rights and Privacy Act (FERPA),

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html (last visited Mar. 24, 2021).
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DLA may bring an action against a business who violates the provisions of the bill, and such business
may be subject to certain civil penalties. A consumer may bring a private cause of action only in the
instance of a breach of personal data.

Definitions

The bill includes the following definitions:
 “Aggregate consumer information”.
 "Biometric information".
 "Business", which means
o A sole proprietorship, partnership, limited liability company, corporation, association, or
legal entity that meets the following requirements:
 Is organized or operated for the profit or financial benefit of its shareholders or
owners;
 Does business in this state;
 Collects personal information about consumers, or is the entity on behalf of
which such information is collected;
 Determines the purposes and means of processing personal information about
consumers alone or jointly with others; and
 Satisfies one or more of the following thresholds:
 Has global annual gross revenues in excess of $25 million, as adjusted in
January of every odd-numbered year to reflect any increase in the
Consumer Price Index.
 Annually buys, receives for the business's commercial purposes, sells, or
shares for commercial purposes, the personal information of 50,000 or
more consumers, households, or devices.
 Derives 50 percent or more of its global annual revenues from selling or
sharing personal information about consumers.
o Any entity that controls or is controlled by a business and that shares common branding
with the business. As used in this definition, the term:
 “Control” means:
 Ownership of, or the power to vote, more than 50 percent of the
outstanding shares of any class of voting security of a business;
 Control in any manner over the election of a majority of the directors, or
of individuals exercising similar functions; or
 The power to exercise a controlling influence over the management of a
company.
 "Common branding" means a shared name, servicemark, or trademark.
 "Business purpose", which means the use of personal information for the operational purpose of
a business or service provider, or other notified purposes.
 "Collect".
 "Commercial purposes".
 "Consumer" means a natural person who resides in or is domiciled in this state, however
identified, including by any unique identifier.
 "Deidentified".
 "Personal information", which means information that identifies, relates to, or describes a
particular consumer or household, or is reasonably capable of being directly or indirectly
associated or linked with, a particular consumer or household. The term does not include
consumer information that is:
o Publicly and lawfully made available.
o Deidentified or aggregate consumer information.
 "Probabilistic identifier".
 "Sell", which means to sell, rent, release, disclose, disseminate, make available, transfer, or
otherwise communicate orally, in writing, or by electronic or other means, a consumer's
personal information by a business to another business or a third party for monetary or other
valuable consideration.
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 "Service provider", which means a sole proprietorship, partnership, limited liability company,
corporation, association, or other legal entity that is organized or operated for the profit or
financial benefit of its shareholders or other owners, that processes information on behalf of a
business and to which the business discloses a consumer's personal information for a business
purpose pursuant to a written contract.
 "Share", which means to share, rent, release, disclose, disseminate, make available, transfer, or
access a consumer's personal information for advertising. The term includes:
o Allowing a third party to use or advertise to a consumer based on a consumer's personal
information without disclosure of the personal information to the third party.
o Monetary transactions, nonmonetary transactions, and transactions for other valuable
consideration between a business and a third party for advertising for the benefit of a
business.
 "Third party".
 "Unique identifier".
 "Verifiable consumer request".

Business Privacy Policies

The bill requires a business that collects personal information about consumers to maintain an online
privacy policy, make such policy available on its Internet website, and update the information at least
once every 12 months unless the privacy policy has not changed and an update is not reasonably
required. The online privacy policy must include the following information:
 Any Florida-specific consumer privacy rights.
 A list of the categories of personal information the business collects or has collected about
consumers.
 Of the identified categories, a list that identifies which categories of personal information the
business sells or shares or has sold or shared about consumers. If the business does not sell
or share personal information, the business must disclose that fact.
 Of the identified categories, a list that identifies which categories of personal information the
business discloses or shares or has disclosed or shared about consumers for a business
purpose. If the business does not disclose or share personal information for a business
purpose, the business must disclose that fact.
 The right to opt-out of the sale or sharing to third parties and the ability to request deletion or
correction of certain personal information.

A consumer has the right to request that a business that collects personal information disclose to the
consumer the categories and specific pieces of personal information the business collects from or
about consumers.

A business that collects personal information must, at or before the point of collection, inform
consumers of the categories of personal information to be collected and the purposes for which the
categories of personal information will be used. A business may not collect additional categories of
personal information or use personal information collected for additional purposes without providing the
consumer with notice.

A business that collects a consumer’s personal information must implement and maintain reasonable
security procedures and practices appropriate to the nature of the personal information to protect the
personal information from unauthorized or illegal access, destruction, use, modification, or disclosure.

A business must provide and follow a retention schedule that prohibits the use and retention of
personal information after satisfaction of the initial purpose for collecting or obtaining such information,
or after the duration of a contract, or 1 year after the consumer's last interaction with the business,
whichever occurs first. This paragraph does not apply to biometric information used for ticketing
purposes and does not apply if such information is only kept for the time related to the duration of the
ticketed event.

Consumer Right to Request Personal Information Collected
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The bills provides that a consumer has the right to request that a business that collects personal
information about the consumer disclose the personal information that has been collected by the
business.

The bill requires a business that receives a verifiable consumer request from a consumer to access
personal information to promptly take steps to disclose and deliver, free of charge to the consumer, the
personal information requested. The information may be delivered by mail or electronically, and if
provided electronically, the information must be in a portable and, to the extent technically feasible,
readily useable format that allows the consumer to transmit this information to another entity without
hindrance. A business may provide personal information to a consumer at any time, but may not be
required to provide personal information to a consumer more than twice in a 12-month period.

Specifically, the bill requires a business to disclose the following to the consumer:
 The specific pieces of personal information it has collected about the consumer.
 The categories and sources from which it collected the consumer's personal information.
 The business or commercial purpose for collecting or selling the consumer's personal
information.
 The categories of third parties which the business shares the consumer's personal
information.

The bill does not require a business to do the following:
 Retain any personal information about a consumer collected for a single one-time transaction
if, in the ordinary course of business, that information about the consumer is not retained.
 Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained
in a manner that would be considered personal information.

Consumer Right to Correct or Delete Personal Information

The bill provides that consumer has the right to request that a business delete any personal information
about the consumer which the business has collected from the consumer.

The bill requires a business that receives a verifiable consumer request from a consumer to delete the
consumer's personal information to delete the consumer's personal information from its records and
direct any service providers to delete the consumer's personal information from their records, unless it
is reasonably necessary for the business or service provider to maintain the consumer's personal
information to do any of the following:
• Complete the transaction for which the personal information was collected.
• Fulfill the terms of a written warranty or product recall conducted in accordance with federal
law.
• Provide a good or service requested by the consumer, or reasonably anticipated within the
context of a business' ongoing business relationship with the consumer, or otherwise perform
a contract between the business and the consumer.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or
prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public
interest that adheres to all other applicable ethics and privacy laws when the business'
deletion of the information is likely to render impossible or seriously impair the achievement
of such research, if the consumer has provided informed consent.
• Enable solely internal uses that are reasonably aligned with the expectations of the consumer
based on the consumer's relationship with the business.
• Comply with a legal obligation.
• As reasonably needed to protect the business’ interests against existing legal disputes, legal
action, or governmental investigations.
• Otherwise internally use the consumer's personal information in a lawful manner that is
compatible with the context in which the consumer provided the information.
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The bill provides that a consumer has the right to request a business that maintains inaccurate
personal information about the consumer to correct the inaccurate personal information, taking into
account the nature of the personal information and the purposes of the processing of the personal
information. A business that receives a verifiable consumer request to correct inaccurate personal
information must use commercially reasonable efforts to correct the inaccurate personal information as
directed by the consumer. If a business maintains a self-service mechanism to allow a consumer to
correct certain personal information, the business may require the consumer to correct their own
personal information through such mechanism.

Consumer Right to Request Personal Information Sold or Shared

The bill provides that a consumer has the right to request that a business that sells or shares personal
information about the consumer, or discloses such information for a business purpose, to disclose to
the consumer upon receipt of a verifiable consumer request:
• The categories of personal information about the consumer the business sold or shared.
• The categories of third parties to which the personal information about the consumer was
sold or shared by category of personal information for each category of third parties to which
the personal information was sold or shared.
• The categories of personal information about the consumer that the business disclosed for a
business purpose.

The bill provides that a third party may not sell or share personal information about a consumer that
has been sold or shared to the third party by a business unless the consumer has received explicit
notice and is provided an opportunity to opt-out.

Consumer Right to Opt-Out of the Sale or Sharing of Personal Information to Third Parties

The bill provides that a consumer has the right at any time to direct a business that sells or shares
personal information about the consumer to third parties to not sell or share the consumer's personal
information. This right may be referred to as the right to opt-out.

The bill requires that a business that sells or shares personal information to third parties to provide
notice to consumers that this information may be sold and shared and that consumers have the right to
opt-out of the sale or sharing of their personal information.

The bill provides that a business may not sell or share the personal information of a consumer if the
business has actual knowledge that the consumer is not 16 years of age or older, unless the consumer,
in the case of consumers between 13 and 15 years of age, or the consumer's parent or guardian, in the
case of consumers who are 12 years of age or younger, has affirmatively authorized the sale or sharing
of the consumer's personal information. A business that willfully disregards the consumer's age is
deemed to have had actual knowledge of the consumer's age.

The bill provides that a business that has received direction from a consumer prohibiting the sale or
sharing of the consumer's personal information or that has not received consent to sell or share a minor
consumer's personal information is prohibited from selling or sharing the consumer's personal
information after its receipt of the consumer's direction, unless the consumer subsequently provides
express authorization for the sale or sharing of the consumer's personal information.

The bill provides that a business does not sell personal information when:
 A consumer uses or directs the business to intentionally disclose personal information or
uses the business to intentionally interact with a third party. An intentional interaction occurs
when the consumer intends to interact with the third party, via one or more deliberate
interactions. Hovering over, muting, pausing, or closing a given piece of content does not
constitute a consumer's intent to interact with a third party.

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 The business uses or shares an identifier for a consumer who has opted-out of the sale or
sharing of the consumer's personal information for the purposes of alerting third parties that
the consumer has opted-out of the sale or sharing of the consumer's personal information.
 The business uses or shares with a service provider personal information of a consumer that
is necessary to perform a business purpose if both of the following conditions are met:
o The business has provided notice that the personal information of the consumer is
being used or shared in its terms and conditions.
o The service provider does not further collect, sell, share, or use the personal
information of the consumer except as necessary to perform the business purpose.
 The business transfers to a third party the personal information of a consumer as an asset
that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party
assumes control of all or part of the business. If a third party materially alters how it uses or
shares the personal information of a consumer in a manner that is materially inconsistent with
the promises made at the time of collection, it must provide prior notice of the new or
changed practice to the consumer. The notice must be sufficiently prominent and robust to
ensure that existing consumers can easily exercise their choices consistently with the bill.

The bill provides that a business does not share personal information when:
 A consumer uses or directs the business to intentionally disclose personal information or
intentionally interact with one or more third parties.
 The business uses or shares an identifier for a consumer who has opted-out of sharing the
consumer's personal information for the purposes of alerting persons that the consumer has
opted-out of sharing the consumer's personal information.

Discrimination Against Consumers Who Exercise Their Rights

The bill provides that a business may not discriminate against a consumer who exercised any of the
consumer's rights provided for in the bill. Discrimination includes, but is not limited to:
 Denying goods or services to the consumer.
 Charging different prices or rates for goods or services, including through the use of
discounts or other benefits or imposing penalties.
 Providing a different level or quality of goods or services to the consumer.
 Suggesting that the consumer will receive a different price or rate for goods or services or a
different level or quality of goods or services.

The bill does not prohibit a business from charging a consumer a different price or rate, or from
providing a different level or quality of goods or services to the consumer, if that difference is
reasonably related to the value provided to the business by the consumer's data.

The bill provides that a business may:
 offer financial incentives, including payments to consumers as compensation, for the
collection, sale, or deletion of personal information; and
 offer a different price, rate, level, or quality of goods or services to the consumer if the price
or difference is directly related to the value provided to the business by the consumer's
personal information.

A business that offers any financial incentives must notify consumers of the financial incentives and
may enter a consumer into a financial incentive program only if the consumer gives the business prior
consent that clearly describes the material terms of the financial incentive program. The consent may
be revoked by the consumer at any time.

The bill provides that a business may not use financial incentive practices that are unjust,
unreasonable, coercive, or usurious in nature.

Requests for Personal Information

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The bill requires businesses to, in a form that is reasonably accessible to consumers, make available
two or more methods for submitting verifiable consumer requests, including, but not limited to, a toll-
free number and, if the business maintains an Internet website, a link on the homepage of the website.
The business may not require the consumer to create an account with the business in order to make a
verifiable consumer request.

The bill requires the business to deliver the information required or to act on the request to a consumer
free of charge within 45 days after receiving a verifiable consumer request. The response period may
be extended once by 30 additional days when reasonably necessary, taking into account the
complexity of the consumer's requests, provided the business informs the consumer of any such
extension within the initial 45-day response period along with the reason for the extension. The
information must be delivered in a readily usable format that allows the consumer to transmit the
information from one entity to another entity without hindrance.

The bill provides that if a third party assumes control of all or part of a business and acquires a
consumer's personal information as part of the transfer, and the third party materially alters how it uses
a consumer's personal information or shares the information in a manner that is materially inconsistent
with the promises made at the time of collection, the third party must provide prior notice of the new or
changed practice to the customer. The notice must be sufficiently prominent and robust to ensure that
existing consumers can easily exercise their choices.

The bill requires that any contract between a business and a service provider must prohibit the service
provider from:
 Selling or sharing the personal information;
 Retaining, using, or disclosing the personal information for any purpose other than for the
business purposes specified in the contract for the business, including retaining, using, or
disclosing the personal information for a commercial purpose other than the business
purposes specified in the contract with the business; or
 Combining the personal information that the service provider receives from or on behalf of
the business with personal information that it receives from or on behalf of another person or
entity or that the service provider collects from its own interaction with the consumer,
provided that the service provider may combine personal information to perform any business
purpose.

The bill requires that a third party that receives personal information is prohibited from:
 Selling or sharing the personal information; or
 Retaining, using, or disclosing the information outside of the direct business relationship
between the person and the business.

A third party or a service provider must require any subcontractor to meet the same obligations of such
third party or service provider with respect to personal information.

The bill provides that a third party or service provider or any subcontractor thereof who violates any of
the restrictions is liable for any violations. A business that discloses personal information to a third party
or service provider in compliance with certain provisions is not liable if the person receiving the
personal information uses it in violation of the restrictions, provided that at the time of disclosing the
personal information, the business does not have actual knowledge or reason to believe that the
person intends to commit such a violation.

Form to Opt-Out of the Sale or Sharing of Personal Information

The bill requires a business to, in a form that is reasonably accessible to consumers:
 Provide a clear and conspicuous link on the business's Internet homepage, entitled "Do Not
Sell or Share My Personal Information," to an Internet webpage that enables a consumer, or
a person authorized by the consumer, to opt-out of the sale or sharing of the consumer's
personal information. A business may not require a consumer to create an account in order
to direct the business not to sell the consumer's personal information.
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 Include a description of a consumer's rights along with a separate link to the "Do Not Sell or
Share My Personal Information" Internet webpage in:
o Its online privacy policy or policies, and
o Any Florida-specific consumer privacy rights.
 Ensure that all individuals responsible for handling consumer inquiries about the business's
privacy practices or the business's compliance with certain provisions are informed of all
requirements and how to direct consumers to exercise certain rights.
 For consumers who opt-out of the sale or sharing of their personal information, refrain from
selling or sharing personal information collected by the business about the consumer.
 For consumers who opted-out of the sale or sharing of their personal information, respect the
consumer's decision to opt-out for at least 12 months before requesting that the consumer
authorize the sale of the consumer's personal information.
 Use any personal information collected from the consumer in connection with the submission
of the consumer's opt-out request solely for the purposes of complying with the opt-out
request.

The bill does not require a business to include the required links and text on the homepage that the
business makes available to the public generally, if the business maintains a separate and additional
homepage that is dedicated to Florida consumers, and the business takes reasonable steps to ensure
that Florida consumers are directed to the homepage for Florida consumers.

The bill allows a consumer to authorize another person to opt-out of the sale or sharing of the
consumer's personal information on the consumer's behalf, and a business must comply with an opt-
out request received from a person authorized by the consumer to act on the consumer's behalf,
pursuant to rules adopted by DLA.

Exceptions

The bill does not restrict any business's or third party's ability to do any of the following:
 Collect and transmit personal information that is necessary for the sole purpose of sharing
such personal information with a financial service provider to facilitate short term,
transactional payment processing for the purchase of products or services.
 Comply with federal, state, or local laws.
 Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by
federal, state, or local authorities.
 Cooperate with law enforcement agencies concerning conduct or activity that the business,
service provider, or third party reasonably and in good faith believes may violate federal,
state, or local law.
 Exercise legal rights or privileges.
 Collect, use, retain, sell, or disclose deidentified personal information or aggregate consumer
information. If a business uses deidentified information, the business must:
o Implement technical safeguards that prohibit reidentification of the consumer to
whom the information may pertain;
o Implement business processes that specifically prohibit reidentification of the
information;
o Implement business processes to prevent inadvertent release of deidentified
information; and
o Not attempt to reidentify the information.

This bill does not apply to:
 Personal information used by a business or service provider to advertise or market products
or services that are produced or offered directly by the business or service provider as long
as personal information is not sold, shared, or disclosed to another party outside the
consumer’s direct interaction with the business or service provider.
 A business that collects or discloses its employees', applicants’, interns’ or volunteers’
personal information, so long as the business is collecting or disclosing such information
within the scope of its role as an employer.
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 Protected health information for purposes of HIPAA and related regulations, and patient
identifying information for purposes of 42 C.F.R. Part 2, established pursuant to 42 U.S.C. s.
290dd-2.
 A covered entity or business associate governed by the privacy, security, and breach
notification rules issued by the U.S. Department of Health and Human Services in 45 C.F.R.
parts 160 and 164, or a program or a qualified service program defined in 42 C.F.R. part 2, to
the extent the covered entity, business associate, or program maintains personal information
in the same manner as medical information or protected health information.
 Identifiable private information collected for purposes of research as defined in 45 C.F.R. s.
164.501, conducted in accordance with the Federal Policy for the Protection of Human
Subjects for purposes of 45 C.F.R. part 46, the good clinical practice guidelines issued by the
International Council for Harmonisation of Technical Requirements for Pharmaceuticals for
Human Use, the Protection for Human Subjects for purposes of 21 C.F.R. Parts 50 and 56;
or personal information used or shared in research conducted in accordance with one or
more of these standards.
 Information and documents created for purposes of the federal Health Care Quality
Improvement Act of 1986 and related regulations, or patient safety work product for purposes
of 42 C.F.R. part 3, established pursuant to 42 U.S.C. s. 299b-21 through 299b-26.
 Information that is deidentified in accordance with 45 C.F.R. part 164 and that is derived from
individually identifiable health information, as described in HIPAA, or identifiable personal
information, consistent with the Federal Policy for the Protection of Human Subjects or the
human subject protection requirements of the FDA.
 Information used only for public health activities and purposes as described in 45 C.F.R. s.
164.512.
 Sale or sharing of personal information to or from a consumer reporting agency if that
information is to be reported in or used to generate a consumer report as defined by 15
U.S.C. s. 1681(a), or sale or sharing of personal information to procure, provide, or disclose a
consumer report if use of that information is limited pursuant to the Fair Credit Reporting Act,
15 U.S.C. s. 1681.
 Personal information collected, processed, sold, or disclosed pursuant to the Gramm-Leach-
Bliley Act, 15 U.S.C. s. 6801 et seq. and implementing regulations.
 Personal information collected, processed, sold, or disclosed pursuant to the federal Driver's
Privacy Protection Act of 1994, 18 U.S.C. s. 2721 et. seq.
 Education information covered by the Family Educational Rights and Privacy Act, 20 U.S.C.
s. 1232(g) and 34 C.F.R. part 99.
 Information collected as part of public or peer-reviewed scientific or statistical research in the
public interest.

"Research" means scientific, systematic study and observation, including, but not limited to, basic
research or applied research that is in the public interest and that adheres to all other applicable ethics
and privacy laws or studies conducted in the public interest in the area of public health. Research with
personal information that may have been collected from a consumer in the course of the consumer's
interactions with a business's service or device for other purposes must be:
• Compatible with the business purpose for which the personal information was collected.
• Subsequently pseudonymized and deidentified, or deidentified and in the aggregate, such
that the information does not reasonably identify, relate to, or describe, or is not capable of
being directly or indirectly associated or linked with, a particular consumer.
• Made subject to technical safeguards that prohibit reidentification of the consumer to whom
the information may pertain.
• Subject to business processes that specifically prohibit reidentification of the information.
• Made subject to business processes to prevent inadvertent release of deidentified
information.
• Protected from any reidentification attempts.
• Used solely for research purposes that are compatible with the context in which the personal
information was collected and not used for any commercial purpose.

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• Subjected by the business conducting the research to additional security controls that limit
access to the research data to only those individuals in a business necessary to carry out the
research purpose.

"Pseudonymize" means the processing of personal information in a manner that renders the personal
information no longer attributable to a specific consumer without the use of additional information,
provided that the additional information is kept separately and is subject to technical and organizational
measures to ensure that the personal information is not attributed to an identified or identifiable
consumer.

Applicability to Contracts

The bill provides that any provision of a contract or agreement of any kind that waives or limits in any
way a consumer's rights under the bill, including, but not limited to, any right to a remedy or means of
enforcement, is deemed contrary to public policy and is void and unenforceable. This provision of the
bill does not prevent a consumer from declining to request information from a business, declining to
opt-out of a business's sale or sharing of the consumer's personal information, or authorizing a
business to sell or share the consumer's personal information after previously opting-out. These
provisions only apply to contracts entered into after January 1, 2022.

Private Causes of Action

The bill allows any consumer to bring a civil action against a business for the following:
 Failure to protect a consumer’s nonencrypted and nonredacted personal information or e-mail
address, in combination with a password or security question and answer that would allow
access to the account, and is subject to an unauthorized access and exfiltration, theft, or
disclosure as a result of a business's violation of the duty to implement and maintain reasonable
security procedures and practices;
• Failure to delete or correct a consumer’s personal information after receiving a verifiable
consumer request, unless the business qualifies for an exception to requirements to delete or
correct; or
 Continuing to sell or share a consumer’s personal information after the consumer chooses to
opt-out.

The bill allows a court to grant the following relief to a consumer:
 Damages in an amount not less than $100 and not greater than $750 per consumer per
incident, or actual damages, whichever is greater.
 Injunctive or declaratory relief.
 Upon prevailing in a civil action, the consumer shall recover reasonable attorney’s fees and
costs.

Enforcement and Implementation

The bill provides that upon belief that any business, service provider, or other person or entity is in
violation and that proceedings would be in the public interest, DLA may bring an action against such
business, service provider, or other person or entity and may seek a civil penalty of not more than
$2,500 for each unintentional violation or $7,500 for each intentional violation. Such fines may be
tripled if the violation involves a consumer who is 16 years of age or younger.

After the DLA has notified a business in writing of an alleged violation, the DLA may, in its discretion,
grant the business a 30-day period to cure the alleged violation. The DLA may consider the number of
violations, the substantial likelihood of injury to the public, or the safety of persons or property when
determining whether to grant 30 days to cure. If the business cures the alleged violation to the
satisfaction of the DLA and provides proof to the DLA, the DLA may issue a letter of guidance to the
business that indicates that the business will not be offered a 30-day cure period for any future
violations. If the business fails to cure the violation to the satisfaction of the DLA within 30 days, the

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DLA may bring an action against the business for the alleged violation. This does not affect any private
rights of action.

DLA may adopt rules to implement certain provisions of the bill.

The bill provides an effective date of January 1, 2022.

B. SECTION DIRECTORY:

Section 1: Amends s. 501.171, F.S.; relating to FIPA and what kind of breached information
triggers notification requirements.
Section 2: Creates s. 501.173, F.S., relating to consumer data privacy rights and requirements for
businesses who collect personal information.
Section 3: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
There may be an increase from civil penalties collected by DLA.

2. Expenditures:
There may be an increase of regulatory costs to DLA from implementing and enforcing the bill.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will require certain businesses in possession of personal information to implement mechanisms
to effectuate the requirements of the bill, and such implementation will have a fiscal impact on such
businesses. However, many of the businesses subject to the bill’s requirements have already
implemented similar privacy practices based on protections required in other states and countries.

It may increase protections provided for personal information that may save consumers the expense of
dealing with stolen personal information used to commit financial crimes. Some 15 million consumers
are victims of identity theft or fraud a year. Identity theft and fraud costs consumers more than $15
billion a year.

D. FISCAL COMMENTS:
None.

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.
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2. Other:
None.

B. RULE-MAKING AUTHORITY:

DLA is given rulemaking authority in the bill to implement the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

On March 10, 2021, the Regulatory Reform Subcommittee adopted five amendments and reported the bill
favorably as a committee substitute. The committee substitute:
• Clarifies the definition of “third party,”
• Clarifies the definition for “unique identifier” by including “linked to a consumer or family” used
elsewhere in the bill,
• Allows consumers to self-correct information if the business provides a mechanism,
• Clarifies that business records may be retained for an existing legal dispute,
• Provides that businesses and service providers are not required to delete personal information under
certain circumstances,
• Clarifies that certain intentional actions do not qualify as selling personal information,
• Removes requirements that certain provisions be included in a third party contract,
• Removes duplicate provisions,
• Clarifies the time period for complying with a consumer request,
• Adds the words “business associate” to conform to another provision in the bill, and
• Adds applicants, interns, and volunteers to the list of types of employees under the employer exception.

On March 23, 2021, the Civil Justice & Property Rights Subcommittee adopted seven amendments and
reported the bill favorably as a committee substitute. The committee substitute:
• Removes duplicative language related to business purposes;
• Broadens the definition of “publicly and lawfully available;”
• Clarifies that a business does not need to annually update their privacy policy if there have not been
any changes;
• Requires a business that collects a consumer’s personal information to implement and maintain
reasonable security procedures and practices;
• Clarifies the exceptions for medical information;
• Clarifies the exception for information related to consumer report;
• Adds an exception for transactional uses of information for payment purposes;
• Adds an exception for first party advertising;
• Allows a consumer to bring a civil action against and receive relief from a business for:
o Continuing to sell or share personal information after opting-out; and
o Failing to delete or correct information under certain circumstances; and
• Allows the Attorney General to grant a discretionary 30-day period to cure for minor violations.

This analysis is drafted to the committee substitute as passed by the Civil Justice and Property Rights
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/CS/HB 969 2021

1 A bill to be entitled
2 An act relating to consumer data privacy; amending s.
3 501.171, F.S.; revising the definition of "personal
4 information" to include additional specified
5 information to data breach reporting requirements;
6 creating s. 501.173, F.S.; providing definitions;
7 requiring businesses that collect a consumer's
8 personal data to disclose certain information
9 regarding data collection and selling practices; to
10 the consumer at or before the point of collection;
11 specifying that such information may be provided
12 through a general privacy policy or through a notice
13 informing the consumer that additional specific
14 information will be provided upon a certain request;
15 prohibiting businesses from collecting additional
16 categories of personal information or using personal
17 information for additional purposes without notifying
18 the consumer; requiring businesses that collect
19 personal information to implement reasonable security
20 procedures and practices to protect the information;
21 authorizing consumers to request businesses to
22 disclose the specific personal information the
23 business has collected about the consumer; requiring
24 businesses to make available two or more methods for
25 consumers to request their personal information;

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26 requiring businesses to provide such information free
27 of charge within a certain timeframe and in a certain
28 format upon receiving a verifiable consumer request;
29 specifying requirements for third parties with respect
30 to consumer information acquired or used; providing
31 construction; authorizing consumers to request
32 businesses to delete or correct personal information
33 the businesses have collected about the consumers;
34 providing exceptions; specifying requirements for
35 businesses to comply with deletion or correction
36 requests; authorizing consumers to opt out of third-
37 party disclosure of personal information collected by
38 a business; prohibiting businesses from selling or
39 disclosing the personal information of consumers
40 younger than a certain age, except under certain
41 circumstances; prohibiting businesses from selling or
42 sharing a consumer's information if the consumer has
43 opted out of such disclosure; prohibiting businesses
44 from taking certain actions to retaliate against
45 consumers who exercise certain rights; providing
46 exceptions; providing applicability; providing that a
47 contract or agreement that waives or limits certain
48 consumer rights is void and unenforceable; providing
49 for civil actions and a private right of action for
50 consumers under certain circumstances; providing civil

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51 remedies; authorizing the Department of Legal Affairs
52 to bring a civil action for intentional or
53 unintentional violations and to adopt rules; providing
54 that businesses must have a specified timeframe to
55 cure any violations; providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Paragraph (g) of subsection (1) of section
60 501.171, Florida Statutes, is amended to read:
61 501.171 Security of confidential personal information.—
62 (1) DEFINITIONS.—As used in this section, the term:
63 (g)1. "Personal information" means either of the
64 following:
65 a. An individual's first name or first initial and last
66 name in combination with any one or more of the following data
67 elements for that individual:
68 (I) A social security number;
69 (II) A driver license or identification card number,
70 passport number, military identification number, or other
71 similar number issued on a government document used to verify
72 identity;
73 (III) A financial account number or credit or debit card
74 number, in combination with any required security code, access
75 code, or password that is necessary to permit access to an

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76 individual's financial account;
77 (IV) Any information regarding an individual's medical
78 history, mental or physical condition, or medical treatment or
79 diagnosis by a health care professional; or
80 (V) An individual's health insurance policy number or
81 subscriber identification number and any unique identifier used
82 by a health insurer to identify the individual.
83 b. A user name or e-mail address, in combination with a
84 password or security question and answer that would permit
85 access to an online account.
86 c. An individual's biometric information as defined in s.
87 501.173(1).
88 2. The term does not include information about an
89 individual that has been made publicly available by a federal,
90 state, or local governmental entity. The term also does not
91 include information that is encrypted, secured, or modified by
92 any other method or technology that removes elements that
93 personally identify an individual or that otherwise renders the
94 information unusable.
95 Section 2. Section 501.173, Florida Statutes, is created
96 to read:
97 501.173 Consumer data privacy.—
98 (1) DEFINITIONS.—As used in this section, the term:
99 (a) "Aggregate consumer information" means information
100 that relates to a group or category of consumers, from which the

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101 identity of an individual consumer has been removed and is not
102 reasonably capable of being directly or indirectly associated or
103 linked with, any consumer or household, including via a device.
104 The term does not include one or more individual consumer
105 records that have been deidentified.
106 (b) "Biometric information" means an individual's
107 physiological, biological, or behavioral characteristics,
108 including an individual's deoxyribonucleic acid (DNA), that can
109 be used, singly or in combination with each other or with other
110 identifying data, to establish individual identity. The term
111 includes, but is not limited to, imagery of the iris, retina,
112 fingerprint, face, hand, palm, vein patterns, and voice
113 recordings, from which an identifier template, such as a
114 faceprint, a minutiae template, or a voiceprint, can be
115 extracted, and keystroke patterns or rhythms, gait patterns or
116 rhythms, and sleep, health, or exercise data that contain
117 identifying information.
118 (c) "Business" means:
119 1. A sole proprietorship, partnership, limited liability
120 company, corporation, association, or legal entity that meets
121 the following requirements:
122 a. Is organized or operated for the profit or financial
123 benefit of its shareholders or owners;
124 b. Does business in this state;
125 c. Collects personal information about consumers, or is

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126 the entity on behalf of which such information is collected;
127 d. Determines the purposes and means of processing
128 personal information about consumers alone or jointly with
129 others; and
130 e. Satisfies one or more of the following thresholds:
131 (I) Has global annual gross revenues in excess of $25
132 million, as adjusted in January of every odd-numbered year to
133 reflect any increase in the Consumer Price Index.
134 (II) Annually buys, receives for the business's commercial
135 purposes, sells, or shares for commercial purposes, the personal
136 information of 50,000 or more consumers, households, or devices.
137 (III) Derives 50 percent or more of its global annual
138 revenues from selling or sharing personal information about
139 consumers.
140 2. Any entity that controls or is controlled by a business
141 and that shares common branding with the business. As used in
142 this subparagraph, the term:
143 a. "Control" means:
144 (I) Ownership of, or the power to vote, more than 50
145 percent of the outstanding shares of any class of voting
146 security of a business;
147 (II) Control in any manner over the election of a majority
148 of the directors, or of individuals exercising similar
149 functions; or
150 (III) The power to exercise a controlling influence over

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151 the management of a company.
152 b. "Common branding" means a shared name, servicemark, or
153 trademark.
154 (d) "Business purpose" means the use of personal
155 information for the operational purpose of a business or service
156 provider, or other notified purposes, provided that the use of
157 personal information is reasonably necessary and proportionate
158 to achieve the operational purpose for which the personal
159 information was collected or processed or for another
160 operational purpose that is compatible with the context in which
161 the personal information was collected. The term includes:
162 1. Auditing relating to a current interaction with a
163 consumer and concurrent transactions, including, but not limited
164 to, counting ad impressions to unique visitors, verifying
165 positioning and quality of ad impressions, and auditing
166 compliance with this specification and other standards.
167 2. Detecting security incidents; protecting against
168 malicious, deceptive, fraudulent, or illegal activity; and
169 prosecuting those responsible for that activity.
170 3. Debugging to identify and repair errors that impair
171 existing intended functionality.
172 4. Performing services on behalf of the business or
173 service provider, including maintaining or servicing accounts,
174 providing customer service, processing or fulfilling orders and
175 transactions, verifying customer information, processing

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176 payments, providing financing, providing analytic services, or
177 providing similar services on behalf of the business or service
178 provider.
179 5. Undertaking internal research for technological
180 development and demonstration.
181 6. Undertaking activities to verify or maintain the
182 quality or safety of a service or device that is owned,
183 manufactured, manufactured for, or controlled by the business,
184 and to improve, upgrade, or enhance the service or device that
185 is owned, manufactured, manufactured for, or controlled by the
186 business.
187 (e) "Collect" means to buy, rent, gather, obtain, receive,
188 or access any personal information pertaining to a consumer by
189 any means. The term includes, but is not limited to, actively or
190 passively receiving information from the consumer or by
191 observing the consumer's behavior.
192 (f) "Commercial purposes" means to advance the commercial
193 or economic interests of a person, such as inducing another
194 person to buy, rent, lease, join, subscribe to, provide, or
195 exchange products, goods, property, information, or services, or
196 directly or indirectly enabling or effecting a commercial
197 transaction.
198 (g) "Consumer" means a natural person who resides in or is
199 domiciled in this state, however identified, including by any
200 unique identifier, and who is:

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201 1. In this state for other than a temporary or transitory
202 purpose; or
203 2. Domiciled in this state but resides outside this state
204 for a temporary or transitory purpose.
205 (h) "Deidentified" means information that does not
206 reasonably identify, relate to, or describe a particular
207 consumer, or is not reasonably capable of being directly or
208 indirectly associated or linked with a particular consumer,
209 provided that a business that uses deidentified information:
210 1. Implements technical safeguards that prohibit
211 reidentification of the consumer to whom the information may
212 pertain.
213 2. Implements business processes that specifically
214 prohibit reidentification of the information.
215 3. Implements business processes to prevent inadvertent
216 release of deidentified information.
217 4. Does not attempt to reidentify the information.
218 (i) "Department" means the Department of Legal Affairs.
219 (j) "Health insurance information" means a consumer's
220 insurance policy number or subscriber identification number, or
221 any unique identifier used by a health insurer to identify the
222 consumer, or any information in the consumer's application and
223 claims history, including any appeals records, if the
224 information is reasonably capable of being directly or
225 indirectly associated or linked with a consumer or household,

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226 including via a device, by a business or service provider.
227 (k) "Homepage" means the introductory page of an Internet
228 website and any Internet webpage where personal information is
229 collected. In the case of a mobile application, the homepage is
230 the application's platform page or download page, a link within
231 the application, such as the "About" or "Information"
232 application configurations, or settings page, and any other
233 location that allows consumers to review the notice required by
234 subsection (9), including, but not limited to, before
235 downloading the application.
236 (l) "Person" means an individual, proprietorship, firm,
237 partnership, joint venture, syndicate, business trust, company,
238 corporation, limited liability company, association, committee,
239 and any other organization or group of persons acting in
240 concert.
241 (m) "Personal information" means information that
242 identifies, relates to, or describes a particular consumer or
243 household, or is reasonably capable of being directly or
244 indirectly associated or linked with, a particular consumer or
245 household.
246 1. The term includes, but is not limited to, the
247 following:
248 a. Identifiers such as a real name, alias, postal address,
249 unique identifier, online identifier, internet protocol address,
250 email address, account name, social security number, driver

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251 license number, passport number, or other similar identifiers.
252 b. Information that identifies, relates to, or describes,
253 or could be associated with, a particular individual, including,
254 but not limited to, a name, signature, social security number,
255 physical characteristics or description, address, telephone
256 number, passport number, driver license or state identification
257 card number, insurance policy number, education, employment,
258 employment history, bank account number, credit card number,
259 debit card number, or any other financial information, medical
260 information, or health insurance information.
261 c. Characteristics of protected classifications under
262 state or federal law.
263 d. Commercial information, including records of personal
264 property, products or services purchased, obtained, or
265 considered, or other purchasing or consuming histories or
266 tendencies.
267 e. Biometric information.
268 f. Internet or other electronic network activity
269 information, including, but not limited to, browsing history,
270 search history, and information regarding a consumer's
271 interaction with an Internet website, application, or
272 advertisement.
273 g. Geolocation data.
274 h. Audio, electronic, visual, thermal, olfactory, or
275 similar information.

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276 i. Professional or employment-related information.
277 j. Education information that is not publicly available,
278 personally identifiable information as defined in the Family
279 Educational Rights and Privacy Act, 20 U.S.C. s. 1232(g) and 34
280 C.F.R. part 99.
281 k. Inferences drawn from any of the information identified
282 in this paragraph to create a profile about a consumer
283 reflecting the consumer's preferences, characteristics,
284 psychological trends, predispositions, behavior, attitudes,
285 intelligence, abilities, and aptitudes.
286 2. The term does not include consumer information that is:
287 a. Publicly and lawfully available.
288 b. Deidentified or aggregate consumer information.
289 (n) "Probabilistic identifier" means the identification of
290 a consumer or a device to a degree of certainty of more probable
291 than not based on any categories of personal information
292 included in, or similar to, the categories listed under
293 paragraph (m).
294 (o) "Processing" means any operation or set of operations
295 that are performed on personal data or on sets of personal data,
296 whether or not by automated means.
297 (p) "Pseudonymize" means the processing of personal
298 information in a manner that renders the personal information no
299 longer attributable to a specific consumer without the use of
300 additional information, provided that the additional information

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301 is kept separately and is subject to technical and
302 organizational measures to ensure that the personal information
303 is not attributed to an identified or identifiable consumer.
304 (q) "Publicly and lawfully available" means information
305 reasonably believed to be made available to the public in a
306 lawful manner and without legal restrictions:
307 1. From federal, state, or local government records.
308 2. By a widely distributed media source.
309 3. By the consumer or by someone to whom the consumer
310 disclosed the information unless the consumer has purposely and
311 effectively restricted the information to a certain audience on
312 a private account.
313
314 The term does not include biometric information collected by a
315 business about a consumer without the consumer's consent.
316 (r) "Research" means scientific, systematic study and
317 observation, including, but not limited to, basic research or
318 applied research that is in the public interest and that adheres
319 to all other applicable ethics and privacy laws or studies
320 conducted in the public interest in the area of public health.
321 Research with personal information that may have been collected
322 from a consumer in the course of the consumer's interactions
323 with a business's service or device for other purposes must be:
324 1. Compatible with the business purpose for which the
325 personal information was collected.

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326 2. Subsequently pseudonymized and deidentified, or
327 deidentified and in the aggregate, such that the information
328 does not reasonably identify, relate to, or describe, or is not
329 capable of being directly or indirectly associated or linked
330 with, a particular consumer.
331 3. Made subject to technical safeguards that prohibit
332 reidentification of the consumer to whom the information may
333 pertain.
334 4. Subject to business processes that specifically
335 prohibit reidentification of the information.
336 5. Made subject to business processes to prevent
337 inadvertent release of deidentified information.
338 6. Protected from any reidentification attempts.
339 7. Used solely for research purposes that are compatible
340 with the context in which the personal information was collected
341 and not used for any commercial purpose.
342 8. Subjected by the business conducting the research to
343 additional security controls that limit access to the research
344 data to only those individuals in a business necessary to carry
345 out the research purpose.
346 (s) "Sell" means to sell, rent, release, disclose,
347 disseminate, make available, transfer, or otherwise communicate
348 orally, in writing, or by electronic or other means, a
349 consumer's personal information by a business to another
350 business or a third party for monetary or other valuable

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351 consideration.
352 (t) "Service" means work or labor furnished in connection
353 with the sale or repair of goods.
354 (u) "Service provider" means a sole proprietorship,
355 partnership, limited liability company, corporation,
356 association, or other legal entity that is organized or operated
357 for the profit or financial benefit of its shareholders or other
358 owners, that processes information on behalf of a business and
359 to which the business discloses a consumer's personal
360 information for a business purpose pursuant to a written
361 contract, provided that the contract prohibits the entity
362 receiving the information from retaining, using, or disclosing
363 the personal information for any purpose other than for the
364 specific purpose of performing the services specified in the
365 contract for the business, or as otherwise permitted by this
366 section, including retaining, using, or disclosing the personal
367 information for a commercial purpose other than providing the
368 services specified in the contract with the business.
369 (v) "Share" means to share, rent, release, disclose,
370 disseminate, make available, transfer, or access a consumer's
371 personal information for advertising. The term includes:
372 1. Allowing a third party to use or advertise to a
373 consumer based on a consumer's personal information without
374 disclosure of the personal information to the third party.
375 2. Monetary transactions, nonmonetary transactions, and

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376 transactions for other valuable consideration between a business
377 and a third party for advertising for the benefit of a business.
378 (w) "Third party" means a person who is not any of the
379 following:
380 1. The business that collects personal information from
381 consumers under this section.
382 2. A service provider to whom the business discloses
383 personal information about consumers for a business purpose
384 pursuant to a written contract.
385 (x) "Unique identifier" means a persistent identifier that
386 can be used to recognize a consumer, a family, or a device that
387 is linked to a consumer or family, over time and across
388 different services, including, but not limited to, a device
389 identifier; an Internet Protocol address; cookies, beacons,
390 pixel tags, mobile ad identifiers, or similar technology;
391 customer number, unique pseudonym, or user alias; telephone
392 numbers, or other forms of persistent or probabilistic
393 identifiers that can be used to identify a particular consumer,
394 family, or device that is linked to a consumer or family. As
395 used in this paragraph, the term "family" means a custodial
396 parent or guardian and any minor children of whom the parent or
397 guardian has custody, or a household.
398 (y) "Verifiable consumer request" means a request that is
399 made by a consumer, by a consumer on behalf of the consumer's
400 minor child, or by a natural person or a person authorized by

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401 the consumer to act on the consumer's behalf, and that the
402 business can reasonably verify pursuant to rules adopted by the
403 department to be the consumer about whom the business has
404 collected personal information. A business is not obligated to
405 provide information to the consumer if the business cannot
406 verify that the consumer making the request is the consumer
407 about whom the business has collected information or is a person
408 authorized by the consumer to act on the consumer's behalf.
409 (2) PRIVACY POLICY FOR PERSONAL INFORMATION.—
410 (a) A business that collects personal information about
411 consumers shall maintain an online privacy policy, make such
412 policy available on its Internet website, and update the
413 information at least once every 12 months unless the privacy
414 policy has not changed and an update is not reasonably required.
415 The online privacy policy must include the following
416 information:
417 1. Any Florida-specific consumer privacy rights.
418 2. A list of the categories of personal information the
419 business collects or has collected about consumers.
420 3. Of the categories identified in subparagraph 2., a list
421 that identifies which categories of personal information the
422 business sells or shares or has sold or shared about consumers.
423 If the business does not sell or share personal information, the
424 business shall disclose that fact.
425 4. Of the categories identified in subparagraph 2., a list

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426 that identifies which categories of personal information the
427 business discloses or shares or has disclosed or shared about
428 consumers for a business purpose. If the business does not
429 disclose or share personal information for a business purpose,
430 the business shall disclose that fact.
431 5. The right to opt-out of the sale or sharing to third
432 parties and the ability to request deletion or correction of
433 certain personal information.
434 (b) A consumer has the right to request that a business
435 that collects personal information disclose to the consumer the
436 categories and specific pieces of personal information the
437 business collects from or about consumers.
438 (c) A business that collects personal information shall,
439 at or before the point of collection, inform consumers of the
440 categories of personal information to be collected and the
441 purposes for which the categories of personal information will
442 be used.
443 (d) A business may not collect additional categories of
444 personal information or use personal information collected for
445 additional purposes without providing the consumer with notice
446 consistent with this section.
447 (e) A business that collects a consumer's personal
448 information shall implement and maintain reasonable security
449 procedures and practices appropriate to the nature of the
450 personal information to protect the personal information from

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451 unauthorized or illegal access, destruction, use, modification,
452 or disclosure.
453 (f) A business shall provide the information specified in
454 paragraph (b) to a consumer only upon receipt of a verifiable
455 consumer request.
456 (g) A business shall provide and follow a retention
457 schedule that prohibits the use and retention of personal
458 information after satisfaction of the initial purpose for
459 collecting or obtaining such information, or after the duration
460 of a contract, or 1 year after the consumer's last interaction
461 with the business, whichever occurs first. This paragraph does
462 not apply to biometric information used for ticketing purposes
463 and does not apply if such information is only kept for the time
464 related to the duration of the ticketed event.
465 (3) CONSUMER RIGHT TO REQUEST COPY OF PERSONAL DATA
466 COLLECTED.—
467 (a) A consumer has the right to request that a business
468 that collects personal information about the consumer disclose
469 the personal information that has been collected by the
470 business.
471 (b) A business that receives a verifiable consumer request
472 from a consumer to access personal information shall promptly
473 take steps to disclose and deliver, free of charge to the
474 consumer, the personal information required by this section. The
475 information may be delivered by mail or electronically, and if

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476 provided electronically, the information must be in a portable
477 and, to the extent technically feasible, readily useable format
478 that allows the consumer to transmit this information to another
479 entity without hindrance. A business may provide personal
480 information to a consumer at any time, but may not be required
481 to provide personal information to a consumer more than twice in
482 a 12-month period.
483 (c) A business shall disclose the following to the
484 consumer:
485 1. The specific pieces of personal information it has
486 collected about the consumer.
487 2. The categories and sources from which it collected the
488 consumer's personal information.
489 3. The business or commercial purpose for collecting or
490 selling the consumer's personal information.
491 4. The categories of third parties which the business
492 shares the consumer's personal information.
493 (d) A business that collects personal information about a
494 consumer shall disclose the information specified in paragraph
495 (a) to the consumer upon receipt of a verifiable consumer
496 request from the consumer.
497 (e) This subsection does not require a business to do the
498 following:
499 1. Retain any personal information about a consumer
500 collected for a single one-time transaction if, in the ordinary

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501 course of business, that information about the consumer is not
502 retained.
503 2. Reidentify or otherwise link any data that, in the
504 ordinary course of business, is not maintained in a manner that
505 would be considered personal information.
506 (4) RIGHT TO HAVE PERSONAL INFORMATION DELETED OR
507 CORRECTED.—
508 (a) A consumer has the right to request that a business
509 delete any personal information about the consumer which the
510 business has collected from the consumer.
511 (b) A business that receives a verifiable consumer request
512 from a consumer to delete the consumer's personal information
513 shall delete the consumer's personal information from its
514 records and direct any service providers to delete the
515 consumer's personal information from their records.
516 (c) A business or a service provider acting pursuant to
517 its contract with the business or another service provider may
518 not be required to comply with a consumer's request to delete
519 the consumer's personal information if it is reasonably
520 necessary for the business or service provider to maintain the
521 consumer's personal information to do any of the following:
522 1. Complete the transaction for which the personal
523 information was collected.
524 2. Fulfill the terms of a written warranty or product
525 recall conducted in accordance with federal law.

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526 3. Provide a good or service requested by the consumer, or
527 reasonably anticipated within the context of a business' ongoing
528 business relationship with the consumer, or otherwise perform a
529 contract between the business and the consumer.
530 4. Detect security incidents, protect against malicious,
531 deceptive, fraudulent, or illegal activity; or prosecute those
532 responsible for that activity.
533 5. Debug to identify and repair errors that impair
534 existing intended functionality.
535 6. Engage in public or peer-reviewed scientific,
536 historical, or statistical research in the public interest that
537 adheres to all other applicable ethics and privacy laws when the
538 business' deletion of the information is likely to render
539 impossible or seriously impair the achievement of such research,
540 if the consumer has provided informed consent.
541 7. Enable solely internal uses that are reasonably aligned
542 with the expectations of the consumer based on the consumer's
543 relationship with the business.
544 8. Comply with a legal obligation.
545 9. As reasonably needed to protect the business's
546 interests against existing disputes, legal action, or
547 governmental investigations.
548 10. Otherwise internally use the consumer's personal
549 information in a lawful manner that is compatible with the
550 context in which the consumer provided the information.

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551 (d) A consumer has the right to make a request to correct
552 inaccurate personal information to a business that maintains
553 inaccurate personal information about the consumer, while taking
554 into account the nature of the personal information and the
555 purposes of the processing of the personal information. A
556 business that receives a verifiable consumer request to correct
557 inaccurate personal information shall use commercially
558 reasonable efforts to correct the inaccurate personal
559 information as directed by the consumer. If a business maintains
560 a self-service mechanism to allow a consumer to correct certain
561 personal information, the business may require the consumer to
562 correct their own personal information through such mechanism.
563 (5) RIGHT TO REQUEST PERSONAL DATA SOLD OR SHARED.—
564 (a) A consumer has the right to request that a business
565 that sells or shares personal information about the consumer, or
566 discloses such information for a business purpose, to disclose
567 to the consumer:
568 1. The categories of personal information about the
569 consumer the business sold or shared.
570 2. The categories of third parties to which the personal
571 information about the consumer was sold or shared by category of
572 personal information for each category of third parties to which
573 the personal information was sold or shared.
574 3. The categories of personal information about the
575 consumer that the business disclosed for a business purpose.

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576 (b) A business that sells or shares personal information
577 about consumers or discloses such information for a business
578 purpose shall disclose the information specified in paragraph
579 (a) to the consumer upon receipt of a verifiable consumer
580 request from the consumer.
581 (c) A third party may not sell or share personal
582 information about a consumer that has been sold or shared to the
583 third party by a business unless the consumer has received
584 explicit notice and is provided an opportunity to opt-out.
585 (6) RIGHT TO OPT-OUT OF THE SALE OR SHARING OF PERSONAL
586 INFORMATION TO THIRD PARTIES.—
587 (a) A consumer has the right at any time to direct a
588 business that sells or shares personal information about the
589 consumer to third parties to not sell or share the consumer's
590 personal information. This right may be referred to as the right
591 to opt-out.
592 (b) A business that sells or shares personal information
593 to third parties shall provide notice to consumers that this
594 information may be sold and shared and that consumers have the
595 right to opt-out of the sale or sharing of their personal
596 information.
597 (c) Notwithstanding paragraph (a), a business may not sell
598 or share the personal information of a consumer if the business
599 has actual knowledge that the consumer is not 16 years of age or
600 older, unless the consumer, in the case of consumers between 13

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601 and 15 years of age, or the consumer's parent or guardian, in
602 the case of consumers who are 12 years of age or younger, has
603 affirmatively authorized the sale or sharing of the consumer's
604 personal information. A business that willfully disregards the
605 consumer's age is deemed to have had actual knowledge of the
606 consumer's age. This right may be referred to as the right to
607 opt-in.
608 (d) A business that has received direction from a consumer
609 prohibiting the sale or sharing of the consumer's personal
610 information or that has not received consent to sell or share a
611 minor consumer's personal information is prohibited from selling
612 or sharing the consumer's personal information after its receipt
613 of the consumer's direction, unless the consumer subsequently
614 provides express authorization for the sale or sharing of the
615 consumer's personal information.
616 (e) A business does not sell personal information when:
617 1. A consumer uses or directs the business to
618 intentionally disclose personal information or uses the business
619 to intentionally interact with a third party. An intentional
620 interaction occurs when the consumer intends to interact with
621 the third party, via one or more deliberate interactions.
622 Hovering over, muting, pausing, or closing a given piece of
623 content does not constitute a consumer's intent to interact with
624 a third party.
625 2. The business uses or shares an identifier for a

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626 consumer who has opted out of the sale or sharing of the
627 consumer's personal information for the purposes of alerting
628 third parties that the consumer has opted out of the sale or
629 sharing of the consumer's personal information.
630 3. The business uses or shares with a service provider
631 personal information of a consumer that is necessary to perform
632 a business purpose if both of the following conditions are met:
633 a. The business has provided notice that the personal
634 information of the consumer is being used or shared in its terms
635 and conditions consistent with subsection (9).
636 b. The service provider does not further collect, sell,
637 share, or use the personal information of the consumer except as
638 necessary to perform the business purpose.
639 4. The business transfers to a third party the personal
640 information of a consumer as an asset that is part of a merger,
641 acquisition, bankruptcy, or other transaction in which the third
642 party assumes control of all or part of the business, provided
643 that information is used or shared consistently with subsections
644 (3) and (5). If a third party materially alters how it uses or
645 shares the personal information of a consumer in a manner that
646 is materially inconsistent with the promises made at the time of
647 collection, it shall provide prior notice of the new or changed
648 practice to the consumer. The notice must be sufficiently
649 prominent and robust to ensure that existing consumers can
650 easily exercise their choices consistently with this subsection.

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651 (f) A business does not share personal information when:
652 1. A consumer uses or directs the business to
653 intentionally disclose personal information or intentionally
654 interact with one or more third parties.
655 2. The business uses or shares an identifier for a
656 consumer who has opted-out of sharing the consumer's personal
657 information for the purposes of alerting persons that the
658 consumer has opted-out of sharing the consumer's personal
659 information.
660 (7) DISCRIMINATION AGAINST CONSUMERS WHO EXERCISE THEIR
661 RIGHTS.—
662 (a)1. A business may not discriminate against a consumer
663 who exercised any of the consumer's rights under this section.
664 Discrimination under this subparagraph includes, but is not
665 limited to:
666 a. Denying goods or services to the consumer.
667 b. Charging different prices or rates for goods or
668 services, including through the use of discounts or other
669 benefits or imposing penalties.
670 c. Providing a different level or quality of goods or
671 services to the consumer.
672 d. Suggesting that the consumer will receive a different
673 price or rate for goods or services or a different level or
674 quality of goods or services.
675 2. This paragraph does not prohibit a business from

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676 charging a consumer a different price or rate, or from providing
677 a different level or quality of goods or services to the
678 consumer, if that difference is reasonably related to the value
679 provided to the business by the consumer's data.
680 (b)1. A business may offer financial incentives, including
681 payments to consumers as compensation, for the collection, sale,
682 or deletion of personal information.
683 2. A business may offer a different price, rate, level, or
684 quality of goods or services to the consumer if the price or
685 difference is directly related to the value provided to the
686 business by the consumer's personal information.
687 3. A business that offers any financial incentives shall
688 notify consumers of the financial incentives.
689 4. A business may enter a consumer into a financial
690 incentive program only if the consumer gives the business prior
691 consent that clearly describes the material terms of the
692 financial incentive program. The consent may be revoked by the
693 consumer at any time.
694 5. A business may not use financial incentive practices
695 that are unjust, unreasonable, coercive, or usurious in nature.
696 (8) REQUESTS FOR PERSONAL INFORMATION.—
697 (a) To comply with this subsection, a business shall, in a
698 form that is reasonably accessible to consumers, make available
699 two or more methods for submitting verifiable consumer requests,
700 including, but not limited to, a toll-free number and, if the

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701 business maintains an Internet website, a link on the homepage
702 of the website. The business may not require the consumer to
703 create an account with the business in order to make a
704 verifiable consumer request.
705 (b) The business shall deliver the information required or
706 act on the request in subsections (3) through (5) to a consumer
707 free of charge within 45 days after receiving a verifiable
708 consumer request. The response period may be extended once by 30
709 additional days when reasonably necessary, while taking into
710 account the complexity of the consumer's requests, provided the
711 business informs the consumer of any such extension within the
712 initial 45-day response period along with the reason for the
713 extension. The information must be delivered in a readily usable
714 format that allows the consumer to transmit the information from
715 one entity to another entity without hindrance.
716 (c) If a third party assumes control of all or part of a
717 business, acquires a consumer's personal information as part of
718 the transfer, and the third party materially alters how it uses
719 a consumer's personal information or shares the information in a
720 manner that is materially inconsistent with the promises made at
721 the time of collection, the third party must provide prior
722 notice of the new or changed practice to the consumer. The
723 notice must be sufficiently prominent and robust to ensure that
724 existing consumers can easily exercise their rights under
725 subsections (3) through (6).

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726 (d) Any contract between a business and a service provider
727 must prohibit the service provider from:
728 1. Selling or sharing the personal information;
729 2. Retaining, using, or disclosing the personal
730 information for any purpose, commercial or otherwise, other than
731 for the business purposes specified in the contract with the
732 business; or
733 3. Combining the personal information that the service
734 provider receives from or on behalf of the business with
735 personal information that it receives from or on behalf of
736 another person or entity or that the service provider collects
737 from its own interaction with the consumer, provided that the
738 service provider may combine personal information to perform any
739 business purpose.
740 (e) A third party that receives a consumer's personal
741 information is prohibited from:
742 1. Selling or sharing the personal information.
743 2. Retaining, using, or disclosing the information outside
744 of the direct business relationship between the person and the
745 business.
746 (f) A third party or a service provider must require any
747 subcontractor to meet the same obligations of such third party
748 or service provider with respect to personal information.
749 (g) A third party or service provider or any subcontractor
750 thereof who violates any of the restrictions imposed upon it

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751 under this section is liable for any violations. A business that
752 discloses personal information to a third party or service
753 provider in compliance with this section is not liable if the
754 person receiving the personal information uses it in violation
755 of the restrictions under this section, provided that at the
756 time of disclosing the personal information, the business does
757 not have actual knowledge or reason to believe that the person
758 intends to commit such a violation.
759 (9) FORM TO OPT-OUT OF SALE OR SHARING OF PERSONAL
760 INFORMATION.—
761 (a) A business shall, in a form that is reasonably
762 accessible to consumers:
763 1. Provide a clear and conspicuous link on the business's
764 Internet homepage, entitled "Do Not Sell or Share My Personal
765 Information," to an Internet webpage that enables a consumer, or
766 a person authorized by the consumer, to opt-out of the sale or
767 sharing of the consumer's personal information. A business may
768 not require a consumer to create an account in order to direct
769 the business not to sell the consumer's personal information.
770 2. Include a description of a consumer's rights along with
771 a separate link to the "Do Not Sell or Share My Personal
772 Information" Internet webpage in:
773 a. Its online privacy policy or policies.
774 b. Any Florida-specific consumer privacy rights.
775 3. Ensure that all individuals responsible for handling

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776 consumer inquiries about the business's privacy practices or the
777 business's compliance with this section are informed of all
778 requirements in subsection (6) and this subsection and how to
779 direct consumers to exercise their rights subsection (6) and
780 this subsection.
781 4. For consumers who opt-out of the sale or sharing of
782 their personal information, refrain from selling or sharing
783 personal information collected by the business about the
784 consumer.
785 5. For consumers who opted-out of the sale or sharing of
786 their personal information, respect the consumer's decision to
787 opt-out for at least 12 months before requesting that the
788 consumer authorize the sale of the consumer's personal
789 information.
790 6. Use any personal information collected from the
791 consumer in connection with the submission of the consumer's
792 opt-out request solely for the purposes of complying with the
793 opt-out request.
794 (b) This subsection does not require a business to include
795 the required links and text on the homepage that the business
796 makes available to the public generally, if the business
797 maintains a separate and additional homepage that is dedicated
798 to Florida consumers and that includes the required links and
799 text, and the business takes reasonable steps to ensure that
800 Florida consumers are directed to the homepage for Florida

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801 consumers and not the homepage made available to the public
802 generally.
803 (c) A consumer may authorize another person to opt-out of
804 the sale or sharing of the consumer's personal information on
805 the consumer's behalf, and a business shall comply with an opt-
806 out request received from a person authorized by the consumer to
807 act on the consumer's behalf, pursuant to rules adopted by the
808 department.
809 (10) EXCEPTIONS.—
810 (a) This section does not restrict the ability of any
811 business, service provider, or third party to do any of the
812 following:
813 1. Collect and transmit personal information that is
814 necessary for the sole purpose of sharing such personal
815 information with a financial service provider to facilitate
816 short term, transactional payment processing for the purchase of
817 products or services.
818 2. Comply with federal, state, or local laws.
819 3. Comply with a civil, criminal, or regulatory inquiry,
820 investigation, subpoena, or summons by federal, state, or local
821 authorities.
822 4. Cooperate with law enforcement agencies concerning
823 conduct or activity that the business, service provider, or
824 third party reasonably and in good faith believes may violate
825 federal, state, or local law.

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826 5. Exercise legal rights or privileges.
827 6. Collect, use, retain, sell, share, or disclose
828 deidentified personal information or aggregate consumer
829 information. If a business uses, sells, or shares deidentified
830 information, the business shall:
831 a. Implement technical safeguards that prohibit
832 reidentification of the consumer to whom the information may
833 pertain;
834 b. Implement business processes that specifically prohibit
835 reidentification of the information;
836 c. Implement business processes to prevent inadvertent
837 release of deidentified information; and
838 d. Not attempt to reidentify the information.
839 (b) This section does not apply to:
840 1. Personal information used by a business or service
841 provider to advertise or market products or services that are
842 produced or offered directly by the business or service
843 provider, as long as personal information is not sold, shared,
844 or disclosed to another party outside the consumer's direct
845 interaction with the business or service provider.
846 2. A business that collects or discloses the personal
847 information of its employees, applicants, interns, or
848 volunteers, so long as the business is collecting or disclosing
849 such information within the scope of its role as an employer.
850 3. Protected health information for purposes of the

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851 federal Health Insurance Portability and Accountability Act of
852 1996 and related regulations, and patient identifying
853 information for purposes of 42 C.F.R. Part 2, established
854 pursuant to 42 U.S.C. s. 290dd-2.
855 4. A covered entity or business associate governed by the
856 privacy, security, and breach notification rules issued by the
857 United States Department of Health and Human Services in 45
858 C.F.R. parts 160 and 164, or a program or a qualified service
859 program as defined in 42 C.F.R. part 2, to the extent the
860 covered entity, business associate, or program maintains
861 personal information in the same manner as medical information
862 or protected health information as described in subparagraph 3.
863 5. Identifiable private information collected for purposes
864 of research as defined in 45 C.F.R. s. 164.501 conducted in
865 accordance with the Federal Policy for the Protection of Human
866 Subjects for purposes of 45 C.F.R. part 46, the good clinical
867 practice guidelines issued by the International Council for
868 Harmonisation of Technical Requirements for Pharmaceuticals for
869 Human Use, or the Protection for Human Subjects for purposes of
870 21 C.F.R. Parts 50 and 56, or personal information that is used
871 or shared in research conducted in accordance with one or more
872 of these standards.
873 6. Information and documents created for purposes of the
874 federal Health Care Quality Improvement Act of 1986 and related
875 regulations, or patient safety work product for purposes of 42

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876 C.F.R. part 3, established pursuant to 42 U.S.C. s. 299b-21
877 through 299b-26.
878 7. Information that is deidentified in accordance with 45
879 C.F.R. part 164 and derived from individually identifiable
880 health information as described in the Health Insurance
881 Portability and Accountability Act of 1996, or identifiable
882 personal information, consistent with the Federal Policy for the
883 Protection of Human Subjects or the human subject protection
884 requirements of the United States Food and Drug Administration.
885 8. Information used only for public health activities and
886 purposes as described in 45 C.F.R. s. 164.512.
887 9. Sale or sharing of personal information to or from a
888 consumer reporting agency if that information is to be reported
889 in or used to generate a consumer report as defined by 15 U.S.C.
890 s. 1681(a), or sale or sharing of personal information to
891 procure, provide, or disclose a consumer report if use of that
892 information is limited pursuant to the federal Fair Credit
893 Reporting Act, 15 U.S.C. s. 1681.
894 10. Personal information collected, processed, sold, or
895 disclosed pursuant to the Gramm-Leach-Bliley Act, 15 U.S.C. s.
896 6801 et seq. and implementing regulations.
897 11. Personal information collected, processed, sold, or
898 disclosed pursuant to the federal Driver's Privacy Protection
899 Act of 1994, 18 U.S.C. s. 2721 et. seq.
900 12. Education information covered by the Family

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901 Educational Rights and Privacy Act, 20 U.S.C. s. 1232(g) and 34
902 C.F.R. part 99.
903 13. Information collected as part of public or peer-
904 reviewed scientific or statistical research in the public
905 interest.
906 (11) CONTRACTS.—Any provision of a contract or agreement
907 of any kind that waives or limits in any way a consumer's rights
908 under this section, including, but not limited to, any right to
909 a remedy or means of enforcement, is deemed contrary to public
910 policy and is void and unenforceable. This section does not
911 prevent a consumer from declining to request information from a
912 business, declining to opt-out of a business's sale or sharing
913 of the consumer's personal information, or authorizing a
914 business to sell or share the consumer's personal information
915 after previously opting out. This subsection only applies to
916 contracts entered into after January 1, 2022.
917 (12) CIVIL ACTIONS; PRIVATE RIGHT OF ACTION.—
918 (a) A consumer may bring a civil action against a business
919 for any of the following:
920 1. Failure to protect a consumer's nonencrypted and
921 nonredacted personal information or e-mail address, in
922 combination with a password or security question and answer that
923 would allow access to the account, and is subject to an
924 unauthorized access and exfiltration, theft, or disclosure as a
925 result of a business' violation of the duty to implement and

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926 maintain reasonable security procedures and practices.
927 2. Failure to delete or correct a consumer's personal
928 information pursuant to this section after receiving a
929 verifiable consumer request unless the business qualifies for an
930 exception to requirements to delete or correct under this
931 section.
932 3. Continuing to sell or share a consumer's personal
933 information after the consumer chooses to opt-out pursuant to
934 this section.
935 (b) A court may grant the following relief to a consumer:
936 1. Damages in an amount not less than $100 and not greater
937 than $750 per consumer per incident or actual damages, whichever
938 is greater.
939 2. Injunctive or declaratory relief.
940 (c) Upon prevailing, the consumer shall recover reasonable
941 attorney fees and costs.
942 (13) ENFORCEMENT AND IMPLEMENTATION.—
943 (a) If the department has reason to believe that any
944 business, service provider, or other person or entity is in
945 violation of this section and that proceedings would be in the
946 public interest, the department may bring an action against such
947 business, service provider, or other person or entity and may
948 seek a civil penalty of not more than $2,500 for each
949 unintentional violation or $7,500 for each intentional
950 violation. Such fines may be tripled if the violation involves a

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951 consumer who is 16 years of age or younger.
952 (b) The department may adopt rules to implement this
953 section.
954 (c) After the department has notified a business in
955 writing of an alleged violation, the department may in its
956 discretion grant the business a 30-day period to cure the
957 alleged violation. The department may consider the number of
958 violations, the substantial likelihood of injury to the public,
959 or the safety of persons or property when determining whether to
960 grant 30 days to cure. If the business cures the alleged
961 violation to the satisfaction of the department and provides
962 proof to the department, the department may issue a letter of
963 guidance to the business that indicates that the business will
964 not be offered a 30-day cure period for any future violations.
965 If the business fails to cure the violation within 30 days, the
966 department may bring an action against the business for the
967 alleged violation.
968 (d) This subsection does not affect the private right of
969 action provided in subsection (12).
970 Section 3. This act shall take effect January 1, 2022.

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COMMERCE COMMITTEE

HB 969 by Rep. McFarland
Consumer Data Privacy

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. McFarland (strike):

• Changes the effective date to July 1, 2022
• Changes terminology of “business” to “controller”, and “service provider” to “processor”
• Requires controllers to meet two thresholds, instead of one, to qualify as a controller
• Increases the controller revenue threshold to $50 million gross revenues annually, from
$25 million
• Relates the controller dealings threshold to 50,000 or more consumers’ personal
information that is used for targeted advertising in conjunction with third parties or that is
not covered by an exception
• Removes the definitions of “business purpose” and “commercial purpose”
• Clarifies the roles and contract requirements between a controller and processor
• Clarifies who may bring a private cause of action
• Clarifies the jurisdiction to bring claims in Florida courts
• Clarifies the exceptions for financial institutions, healthcare entities, and personal
information related to the Fair Credit Reporting Act
• Clarifies that enforcement by the Department of Legal Affairs is under the Florida Unfair
or Deceptive Trade Practices Act
• Provides that the definition of “consumer” to exclude a person in an employment context,
and “personal information” to exclude employment contact information
• Makes several clarifying changes to structure, format, grammar, and intent
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (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 McFarland offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Paragraph (g) of subsection (1) of section
7 501.171, Florida Statutes, is amended to read:
8 501.171 Security of confidential personal information.—
9 (1) DEFINITIONS.—As used in this section, the term:
10 (g)1. "Personal information" means either of the
11 following:
12 a. An individual's first name or first initial and last
13 name in combination with any one or more of the following data
14 elements for that individual:
15 (I) A social security number;

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Amendment No. 1

16 (II) A driver license or identification card number,
17 passport number, military identification number, or other
18 similar number issued on a government document used to verify
19 identity;
20 (III) A financial account number or credit or debit card
21 number, in combination with any required security code, access
22 code, or password that is necessary to permit access to an
23 individual's financial account;
24 (IV) Any information regarding an individual's medical
25 history, mental or physical condition, or medical treatment or
26 diagnosis by a health care professional; or
27 (V) An individual's health insurance policy number or
28 subscriber identification number and any unique identifier used
29 by a health insurer to identify the individual.
30 b. A user name or e-mail address, in combination with a
31 password or security question and answer that would permit
32 access to an online account.
33 c. An individual's biometric information as defined in s.
34 501.173(1).
35 2. The term does not include information about an
36 individual that has been made publicly available by a federal,
37 state, or local governmental entity. The term also does not
38 include information that is encrypted, secured, or modified by
39 any other method or technology that removes elements that

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Amendment No. 1

40 personally identify an individual or that otherwise renders the
41 information unusable.
42 Section 2. Section 501.173, Florida Statutes, is created
43 to read:
44 501.173 Consumer data privacy.—
45 (1) DEFINITIONS.—As used in this section, the term:
46 (a) "Aggregate consumer information" means information
47 that relates to a group or category of consumers, from which the
48 identity of an individual consumer has been removed and is not
49 reasonably capable of being directly or indirectly associated or
50 linked with, any consumer, household, or device. The term does
51 not include personal information that has been deidentified.
52 (b) "Biometric information" means an individual's
53 physiological, biological, or behavioral characteristics,
54 including an individual's deoxyribonucleic acid (DNA), that can
55 be used, singly or in combination with each other or with other
56 identifying data, to establish individual identity. The term
57 includes, but is not limited to, imagery of the iris, retina,
58 fingerprint, face, hand, palm, vein patterns, and voice
59 recordings, from which an identifier template, such as a
60 faceprint, a minutiae template, or a voiceprint, can be
61 extracted, and keystroke patterns or rhythms, gait patterns or
62 rhythms, and sleep, health, or exercise data that contain
63 identifying information.

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64 (c) "Collect" means to buy, rent, gather, obtain, receive,
65 or access any personal information pertaining to a consumer by
66 any means. The term includes, but is not limited to, actively or
67 passively receiving information from the consumer or by
68 observing the consumer's behavior.
69 (d) "Consumer" means a natural person who resides in or is
70 domiciled in this state, however identified, including by any
71 unique identifier, who is acting in a personal capacity or
72 household context. The term does not include a natural person
73 acting on behalf of a legal entity in a commercial or employment
74 context.
75 (e) "Controller" means:
76 1. A sole proprietorship, partnership, limited liability
77 company, corporation, association, or legal entity that meets
78 the following requirements:
79 a. Is organized or operated for the profit or financial
80 benefit of its shareholders or owners;
81 b. Does business in this state;
82 c. Collects personal information about consumers, or is
83 the entity on behalf of which such information is collected;
84 d. Determines the purposes and means of processing
85 personal information about consumers alone or jointly with
86 others; and
87 e. Satisfies at least two of the following thresholds:

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88 (I) Has global annual gross revenues in excess of $50
89 million, as adjusted in January of every odd-numbered year to
90 reflect any increase in the Consumer Price Index.
91 (II) Annually buys, receives, sells, or shares the
92 personal information of 50,000 or more consumers, households, or
93 devices for targeted advertising in conjunction with third
94 parties or that is not covered by an exception under this
95 section.
96 (III) Derives 50 percent or more of its global annual
97 revenues from selling or sharing personal information about
98 consumers.
99 2. Any entity that controls or is controlled by a
100 controller. As used in this subparagraph, the term "control"
101 means:
102 a. Ownership of, or the power to vote, more than 50
103 percent of the outstanding shares of any class of voting
104 security of a controller;
105 b. Control in any manner over the election of a majority
106 of the directors, or of individuals exercising similar
107 functions; or
108 c. The power to exercise a controlling influence over the
109 management of a company.
110 (f) "Deidentified" means information that cannot
111 reasonably be used to infer information about, or otherwise be

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Amendment No. 1

112 linked to, a particular consumer, provided that the controller
113 that possesses the information:
114 1. Takes reasonable measures to ensure that the
115 information cannot be associated with a specific consumer;
116 2. Publicly commits to maintain and use the information in
117 deidentified form and not to attempt to reidentify the
118 information, except that the business may attempt to reidentify
119 the information solely for the purpose of determining whether
120 its deidentification processes satisfy the requirements of this
121 paragraph; and
122 3. Contractually obligates any recipients of the
123 information to comply with all the provisions of this paragraph
124 to avoid reidentifying such information.
125 4. Implements business processes to prevent inadvertent
126 release of deidentfied information.
127 (g) "Department" means the Department of Legal Affairs.
128 (h) "Device" means a physical object associated with a
129 consumer or household capable of directly or indirectly
130 connecting to the Internet.
131 (i) "Homepage" means the introductory page of an Internet
132 website and any Internet webpage where personal information is
133 collected. In the case of a mobile application, the homepage is
134 the application's platform page or download page, a link within
135 the application, such as the "About" or "Information"
136 application configurations, or settings page, and any other
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137 location that allows consumers to review the notice required by
138 subsection (7), including, but not limited to, before
139 downloading the application.
140 (j) "Household" means a natural person or a group of
141 people in this state who reside at the same address, share a
142 common device or the same service provided by a controller, and
143 are identified by a controller as sharing the same group account
144 or unique identifier.
145 (k) "Person" means an individual, proprietorship, firm,
146 partnership, joint venture, syndicate, business trust, company,
147 corporation, limited liability company, association, committee,
148 legal entity, and any other organization or group of persons
149 acting in concert.
150 (l) "Personal information" means information that
151 identifies, relates to, or describes a consumer or household, or
152 is reasonably capable of being directly or indirectly associated
153 or linked with, a consumer or household.
154 1. The term includes, but is not limited to, the
155 following:
156 a. Identifiers such as a real name, alias, postal address,
157 unique identifier, online identifier, internet protocol address,
158 email address, account name, social security number, driver
159 license number, passport number, or other similar identifiers.
160 b. Information that identifies, relates to, or describes,
161 or could be associated with, a particular individual, including,
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Amendment No. 1

162 but not limited to, a name, signature, social security number,
163 physical characteristics or description, address, telephone
164 number, passport number, driver license or state identification
165 card number, insurance policy number, education, employment,
166 employment history, bank account number, credit card number,
167 debit card number, or any other financial information, medical
168 information, or health insurance information.
169 c. Characteristics of protected classifications under
170 state or federal law.
171 d. Commercial information, including records of personal
172 property, products or services purchased, obtained, or
173 considered, or other purchasing or consuming histories or
174 tendencies.
175 e. Biometric information.
176 f. Internet or other electronic network activity
177 information, including, but not limited to, browsing history,
178 search history, and information regarding a consumer's
179 interaction with an Internet website, application, or
180 advertisement.
181 g. Geolocation data.
182 h. Audio, electronic, visual, thermal, olfactory, or
183 similar information.
184 i. Inferences drawn from any of the information identified
185 in this paragraph to create a profile about a consumer
186 reflecting the consumer's preferences, characteristics,
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187 psychological trends, predispositions, behavior, attitudes,
188 intelligence, abilities, and aptitudes.
189 2. The term does not include consumer information that is:
190 a. Consumer employment contact information, which includes
191 a position name or title, employment qualifications, emergency
192 contact information, business telephone number, business
193 address, business electronic mail address, business facsimile
194 number, employee benefit information, and similar information
195 used solely in an employment context.
196 b. Deidentified or aggregate consumer information.
197 c. Publicly and lawfully available information reasonably
198 believed to be made available to the public in a lawful manner
199 and without legal restrictions:
200 (I) From federal, state, or local government records.
201 (II) By a widely distributed media source.
202 (III) By the consumer or by someone to whom the consumer
203 disclosed the information unless the consumer has purposely and
204 effectively restricted the information to a certain audience on
205 a private account.
206
207 Subparagraph c. does not include biometric information collected
208 by a controller about a consumer without the consumer’s consent.
209 (m) "Probabilistic identifier" means the identification of
210 a consumer or a device to a degree of certainty of more probable
211 than not based on any categories of personal information
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212 included in, or similar to, the categories listed under
213 paragraph (l).
214 (n) "Processing" means any operation or set of operations
215 that are performed on personal information or on sets of
216 personal information, whether or not by automated means.
217 (o) "Processor" means a sole proprietorship, partnership,
218 limited liability company, corporation, association, or other
219 legal entity that is organized or operated for the profit or
220 financial benefit of its shareholders or other owners, that
221 processes information on behalf of a controller and to which the
222 controller discloses a consumer's personal information pursuant
223 to a written contract, provided that the contract prohibits the
224 entity receiving the information from retaining, using, or
225 disclosing the personal information for any purpose other than
226 for the specific purpose of performing the services specified in
227 the contract for the controller, or as otherwise permitted by
228 this section.
229 (p) "Pseudonymize" means the processing of personal
230 information in a manner that renders the personal information no
231 longer attributable to a specific consumer without the use of
232 additional information, provided that the additional information
233 is kept separately and is subject to technical and
234 organizational measures to ensure that the personal information
235 is not attributed to an identified or identifiable consumer.

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Amendment No. 1

236 (q) "Research" means scientific, systematic study and
237 observation, including, but not limited to, basic research or
238 applied research that is in the public interest and that adheres
239 to all other applicable ethics and privacy laws or studies
240 conducted in the public interest in the area of public health.
241 Research with personal information that may have been collected
242 from a consumer in the course of the consumer's interactions
243 with a controller's service or device for other purposes must
244 be:
245 1. Subsequently pseudonymized and deidentified, or
246 deidentified and in the aggregate, such that the information
247 does not reasonably identify, relate to, or describe, or is not
248 capable of being directly or indirectly associated or linked
249 with, a particular consumer.
250 2. Made subject to technical safeguards that prohibit
251 reidentification of the consumer to whom the information may
252 pertain.
253 3. Subject to business processes that specifically
254 prohibit reidentification of the information.
255 4. Made subject to business processes to prevent
256 inadvertent release of deidentified information.
257 5. Protected from any reidentification attempts.
258 6. Used solely for research purposes that are compatible
259 with the context in which the personal information was collected
260 and not used for any commercial purpose.
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261 7. Subjected by the controller conducting the research to
262 additional security controls that limit access to the research
263 data to only those individuals necessary to carry out the
264 research purpose.
265 (r) "Sell" means to sell, rent, release, disclose,
266 disseminate, make available, transfer, or otherwise communicate
267 orally, in writing, or by electronic or other means, a
268 consumer's personal information by a controller to another
269 controller or a third party for monetary or other valuable
270 consideration.
271 (s) "Share" means to share, rent, release, disclose,
272 disseminate, make available, transfer, or access a consumer's
273 personal information for advertising or marketing. The term
274 includes:
275 1. Allowing a third party to use or advertise or market to
276 a consumer based on a consumer's personal information without
277 disclosure of the personal information to the third party.
278 2. Monetary transactions, nonmonetary transactions, and
279 transactions for other valuable consideration between a
280 controller and a third party for advertising or marketing for
281 the benefit of a controller.
282 (t) "Targeted advertising" means marketing to a consumer
283 or displaying an advertisement to a consumer when the
284 advertisement is selected based on personal information used to
285 predict such consumer's preferences or interests.
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286 (u) "Third party" means a person who is not a controller
287 or processor.
288 (v) "Unique identifier" means a persistent identifier that
289 can be used to recognize a consumer, a family, or a device that
290 is linked to a consumer or family, over time and across
291 different services, including, but not limited to, a device
292 identifier; an Internet Protocol address; cookies, beacons,
293 pixel tags, mobile ad identifiers, or similar technology;
294 customer number, unique pseudonym, or user alias; telephone
295 numbers, or other forms of persistent or probabilistic
296 identifiers that can be used to identify a particular consumer,
297 family, or device that is linked to a consumer or family. As
298 used in this paragraph, the term "family" means a custodial
299 parent or guardian and any minor children of whom the parent or
300 guardian has custody, or a household.
301 (w) "Verifiable consumer request" means a request that is
302 made by a consumer, by a parent or guardian on behalf of a
303 consumer that is a minor child, or by a natural person or a
304 person authorized by the consumer to act on the consumer's
305 behalf, that the controller can reasonably verify pursuant to
306 rules adopted by the department to be the consumer entitled to
307 exercise certain rights with respect to personal information
308 collected by the controller. A controller is not obligated to
309 provide information to the consumer if the consumer or a person
310 authorized to act on the consumer’s behalf does not provide
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311 verification of identity or verification of authorization to act
312 with the permission of the consumer. A verifiable consumer
313 request is made when requested through an established account
314 using the controller’s established security features to access
315 the account through communication features offered to consumers.
316 (2) EXCEPTIONS.—
317 (a) This section does not restrict the ability of any
318 controller, processor, or third party to do any of the
319 following:
320 1. Collect and transmit personal information that is
321 necessary for the sole purpose of sharing such personal
322 information with a financial service provider to facilitate
323 short term, transactional payment processing for the purchase of
324 products or services.
325 2. Comply with federal, state, or local laws.
326 3. Comply with a civil, criminal, or regulatory inquiry,
327 investigation, subpoena, or summons by federal, state, or local
328 authorities.
329 4. Cooperate with law enforcement agencies concerning
330 conduct or activity that the controller, processor, or third
331 party reasonably and in good faith believes may violate federal,
332 state, or local law.
333 5. Exercise legal rights or privileges.

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334 6. Collect, use, retain, sell, share, or disclose
335 deidentified personal information or aggregate consumer
336 information.
337 (b) This section does not apply to:
338 1. Personal information used or collected by a controller
339 or processor pursuant to a written contract between the
340 controller and processor that complies with the requirements of
341 this section. Such information cannot be sold, shared, or
342 disclosed to another person unless otherwise permitted under
343 this section.
344 2. Personal information used by a controller or processor
345 to advertise or market products or services that are produced or
346 offered directly by the controller or processor. Such
347 information may not be sold, shared, or disclosed to another
348 person unless otherwise permitted under this section.
349 3. Personal information collected by a controller of a
350 natural person acting in the role of a job applicant, employee,
351 owner, director, officer, contractor, volunteer, or intern of
352 the controller, to the extent the personal information is
353 collected and used solely within the context of the person’s
354 role or former role with the controller. For purposes of this
355 subparagraph, personal information includes employee benefit
356 information.
357 4. Protected health information for purposes of the
358 federal Health Insurance Portability and Accountability Act of
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359 1996 and related regulations, and patient identifying
360 information for purposes of 42 C.F.R. Part 2, established
361 pursuant to 42 U.S.C. s. 290dd-2.
362 5. A covered entity or business associate governed by the
363 privacy, security, and breach notification rules issued by the
364 United States Department of Health and Human Services in 45
365 C.F.R. parts 160 and 164, or a program or a qualified service
366 program as defined in 42 C.F.R. part 2, to the extent the
367 covered entity, business associate, or program maintains
368 personal information in the same manner as medical information
369 or protected health information as described in subparagraph 4.
370 and as long as the covered entity, business associate, or
371 program does not use personal information for targeted
372 advertising in conjunction with third parties and does not sell
373 or share personal information to a third party unless such sale
374 or sharing is covered by an exception under this section.
375 6. Identifiable private information collected for purposes
376 of research as defined in 45 C.F.R. s. 164.501 conducted in
377 accordance with the Federal Policy for the Protection of Human
378 Subjects for purposes of 45 C.F.R. part 46, the good clinical
379 practice guidelines issued by the International Council for
380 Harmonisation of Technical Requirements for Pharmaceuticals for
381 Human Use, or the Protection for Human Subjects for purposes of
382 21 C.F.R. Parts 50 and 56, or personal information that is used

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383 or shared in research conducted in accordance with one or more
384 of these standards.
385 7. Information and documents created for purposes of the
386 federal Health Care Quality Improvement Act of 1986 and related
387 regulations, or patient safety work product for purposes of 42
388 C.F.R. part 3, established pursuant to 42 U.S.C. s. 299b-21
389 through 299b-26.
390 8. Information that is deidentified in accordance with 45
391 C.F.R. part 164 and derived from individually identifiable
392 health information as described in the Health Insurance
393 Portability and Accountability Act of 1996, or identifiable
394 personal information, consistent with the Federal Policy for the
395 Protection of Human Subjects or the human subject protection
396 requirements of the United States Food and Drug Administration.
397 9. Information used only for public health activities and
398 purposes as described in 45 C.F.R. s. 164.512.
399 10. Personal information collected, processed, sold, or
400 disclosed pursuant to the federal Fair Credit Reporting Act, 15
401 U.S.C. s. 1681 and implementing regulations.
402 11. Nonpublic personal information collected, processed,
403 sold, or disclosed pursuant to the Gramm-Leach-Bliley Act, 15
404 U.S.C. s. 6801 et seq. and implementing regulations.
405 12. A financial institution as defined in the Gramm-Leach-
406 Bliley Act, 15 U.S.C. s. 6801 et seq. to the extent the
407 financial institution maintains personal information in the same
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408 manner as nonpublic personal information as described in
409 subparagraph 11., and as long as such financial institution does
410 not use personal information for targeted advertising in
411 conjunction with third parties and does not sell or share
412 personal information to a third party unless such sale or
413 sharing is covered by an exception under this section.
414 13. Personal information collected, processed, sold, or
415 disclosed pursuant to the federal Driver's Privacy Protection
416 Act of 1994, 18 U.S.C. s. 2721 et. seq.
417 14. Education information covered by the Family
418 Educational Rights and Privacy Act, 20 U.S.C. s. 1232(g) and 34
419 C.F.R. part 99.
420 15. Information collected as part of public or peer-
421 reviewed scientific or statistical research in the public
422 interest.
423 (3) PRIVACY POLICY FOR PERSONAL INFORMATION.—
424 (a) A controller that collects personal information about
425 consumers shall maintain an online privacy policy, make such
426 policy available from its homepage, and update the information
427 at least once every 12 months unless the privacy policy has not
428 changed and an update is not reasonably required. The online
429 privacy policy must include the following information:
430 1. Any Florida-specific consumer privacy rights.
431 2. A list of the categories of personal information the
432 controller collects or has collected about consumers.
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433 3. Of the categories identified in subparagraph 2., a list
434 that identifies which categories of personal information the
435 controller sells or shares or has sold or shared about
436 consumers. If the controller does not sell or share personal
437 information, the controller shall disclose that fact.
438 4. The right to request deletion or correction of certain
439 personal information.
440 5. The right to opt-out of the sale or sharing to third
441 parties.
442 (b) A consumer has the right to request that a controller
443 disclose to the consumer the categories of personal information
444 the controller collects from or about consumers, and such
445 request does not need to be a verified consumer request.
446 (c) A controller that collects personal information shall,
447 at or before the point of collection, inform consumers of the
448 categories of personal information to be collected and the
449 purposes for which the categories of personal information will
450 be used. A controller that does not collect personal information
451 directly from the consumer does not need to provide a notice at
452 collection to the consumer if it does not sell or share the
453 consumer’s personal information.
454 (d) A controller may not collect additional categories of
455 personal information or use personal information collected for
456 additional purposes without providing the consumer with notice
457 consistent with this section.
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458 (e) A controller that collects a consumer's personal
459 information shall implement and maintain reasonable security
460 procedures and practices appropriate to the nature of the
461 personal information to protect the personal information from
462 unauthorized or illegal access, destruction, use, modification,
463 or disclosure. A controller must require any processors to
464 implement and maintain the same or similar security procedures
465 and practices for personal information.
466 (f) A controller shall adopt and implement a retention
467 schedule that prohibits the use or retention of personal
468 information by the controller or processor: after the
469 satisfaction of the initial purpose for which such information
470 was collected or obtained; after the expiration or termination
471 of the contract pursuant to which the information was collected
472 or obtained; or 2 years after the consumer's last interaction
473 with the controller. This paragraph does not apply to personal
474 information used or retained for the following purposes:
475 1. Detection of security threats or incidents; protection
476 against malicious, deceptive, fraudulent, unauthorized, or
477 illegal activity or access; or prosecution of those responsible
478 for such activity or access.
479 2. Compliance with a legal obligation, including any
480 federal retention laws.

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481 3. As reasonably needed for the protection of the
482 controller's interests related to existing disputes, legal
483 action, or governmental investigations.
484 4. Assuring the physical security of persons or property.
485 (4) CONSUMER RIGHT TO REQUEST COPY OF PERSONAL DATA
486 COLLECTED, SOLD, OR SHARED.—
487 (a) A consumer has the right to request that a controller
488 that collects personal information about the consumer disclose
489 the personal information that has been collected, sold, or
490 shared by or on behalf of the controller.
491 (b) A consumer has the right to request that a controller
492 that collects personal information about the consumer to
493 disclose the following to the consumer:
494 1. The specific pieces of personal information that have
495 been collected about the consumer.
496 2. The categories of sources from which it collected the
497 consumer's personal information.
498 3. The purpose for collecting, selling, or sharing the
499 consumer's personal information.
500 4. The categories of third parties which the controller
501 shares the consumer's personal information.
502 (c) A controller that collects personal information about
503 a consumer shall disclose the information specified in paragraph
504 (b) to the consumer upon receipt of a verifiable consumer
505 request.
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506 (d) A consumer has the right to request that a controller
507 that sells or shares personal information about the consumer to
508 disclose to the consumer:
509 1. The categories of personal information about the
510 consumer the controller sold or shared.
511 2. The categories of third parties to which the personal
512 information about the consumer was sold or shared.
513 3. The categories of personal information about the
514 consumer that the business disclosed to a processor.
515 (e) A controller that sells or shares personal information
516 about consumers shall disclose the information specified in
517 paragraph (d) to the consumer upon receipt of a verifiable
518 consumer request.
519 (f) This subsection does not require a controller to do
520 the following:
521 1. Retain any personal information about a consumer
522 collected for a single one-time transaction if, in the ordinary
523 course of business, that information about the consumer is not
524 retained.
525 2. Reidentify or otherwise link any data that, in the
526 ordinary course of business, is not maintained in a manner that
527 would be considered personal information.
528 (g) To comply with this subsection, a controller shall, in
529 a form that is reasonably accessible to consumers, make
530 available two or more methods for submitting verifiable consumer
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531 requests, including, but not limited to, a toll-free number and,
532 if the controller maintains an Internet website, a link on the
533 homepage of the website. The controller may not require the
534 consumer to create an account with the controller in order to
535 make a verifiable consumer request.
536 (h) The controller shall deliver the information required
537 or act on the request in this subsection to a consumer free of
538 charge within 45 days after receiving a verifiable consumer
539 request. The response period may be extended once by 45
540 additional days when reasonably necessary, while taking into
541 account the complexity of the consumer's requests, provided the
542 controller informs the consumer of any such extension within the
543 initial 45-day response period along with the reason for the
544 extension. The information must be delivered in a readily usable
545 format that allows the consumer to transmit the information from
546 one person to another person without hindrance.
547 (i) A controller may provide personal information to a
548 consumer at any time, but may not be required to provide
549 personal information to a consumer more than twice in a 12-month
550 period.
551 (j) This subsection does not apply to personal information
552 relating solely to households.
553 (5) RIGHT TO HAVE PERSONAL INFORMATION DELETED OR
554 CORRECTED.—

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555 (a) A consumer has the right to request that a controller
556 delete any personal information about the consumer which the
557 controller has collected from the consumer.
558 (b) A controller that receives a verifiable consumer
559 request to delete the consumer's personal information shall
560 delete the consumer's personal information from its records and
561 direct any processors to delete such information.
562 (c) A controller, or a processor acting pursuant to its
563 contract with the controller, may not be required to comply with
564 a consumer's request to delete the consumer's personal
565 information if it is reasonably necessary for the controller or
566 processor to maintain the consumer's personal information to do
567 any of the following:
568 1. Complete the transaction for which the personal
569 information was collected.
570 2. Fulfill the terms of a written warranty or product
571 recall conducted in accordance with federal law.
572 3. Provide a good or service requested by the consumer, or
573 reasonably anticipated to be requested within the context of a
574 controller's ongoing business relationship with the consumer, or
575 otherwise perform a contract between the controller and the
576 consumer.
577 4. Detect security incidents, protect against malicious,
578 deceptive, fraudulent, or illegal activity; or prosecute those
579 responsible for that activity.
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580 5. Debug to identify and repair errors that impair
581 existing intended functionality.
582 6. Engage in public or peer-reviewed scientific,
583 historical, or statistical research in the public interest that
584 adheres to all other applicable ethics and privacy laws when the
585 controller's deletion of the information is likely to render
586 impossible or seriously impair the achievement of such research,
587 if the consumer has provided informed consent.
588 7. Enable solely internal uses that are reasonably aligned
589 with the expectations of the consumer based on the consumer's
590 relationship with the controller.
591 8. Comply with a legal obligation.
592 9. As reasonably needed to protect the controller's
593 interests against existing disputes, legal action, or
594 governmental investigations.
595 10. Otherwise internally use the consumer's personal
596 information in a lawful manner that is compatible with the
597 context in which the consumer provided the information.
598 (d) A consumer has the right to make a request to correct
599 inaccurate personal information to a controller that maintains
600 inaccurate personal information about the consumer, while taking
601 into account the nature of the personal information and the
602 purposes of the processing of the personal information. A
603 controller that receives a verifiable consumer request to
604 correct inaccurate personal information shall use commercially
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605 reasonable efforts to correct the inaccurate personal
606 information as directed by the consumer and direct any
607 processors to correct such information. If a controller
608 maintains a self-service mechanism to allow a consumer to
609 correct certain personal information, the controller may require
610 the consumer to correct their own personal information through
611 such mechanism.
612 (6) RIGHT TO OPT-OUT OF THE SALE OR SHARING OF PERSONAL
613 INFORMATION.—
614 (a) A consumer has the right at any time to direct a
615 controller not to sell or share the consumer's personal
616 information to a third party. This right may be referred to as
617 the right to opt-out.
618 (b) A controller that sells or shares personal information
619 to third parties shall provide notice to consumers that this
620 information may be sold and shared and that consumers have the
621 right to opt-out of the sale or sharing of their personal
622 information.
623 (c) Notwithstanding paragraph (a), a controller may not
624 sell or share the personal information of a minor consumer if
625 the controller has actual knowledge that the consumer is not 16
626 years of age or older. However, if the consumer who is between
627 13 and 16 years of age, or if the parent or guardian of a
628 consumer who is 12 years of age or younger, has affirmatively
629 authorized the sale or sharing of such consumer's personal
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630 information, then a controller may sell or share such
631 information in accordance with this section. A controller that
632 willfully disregards the consumer's age is deemed to have actual
633 knowledge of the consumer's age. This right may be referred to
634 as the right to opt-in. A controller that complies with the
635 verifiable parental consent requirements of the Children’s
636 Online Privacy Protection Act, 15 U.S.C. s. 6501 et seq., shall
637 be deemed compliant with any obligation to obtain parental
638 consent.
639 (d) A controller that has received direction prohibiting
640 the sale or sharing of the consumer's personal information or
641 that has not received consent to sell or share a minor
642 consumer's personal information is prohibited from selling or
643 sharing the consumer's personal information immediately after
644 its receipt of such direction, unless the consumer subsequently
645 provides express authorization for the sale or sharing of the
646 consumer's personal information.
647 (e) A controller does not sell or share personal
648 information when:
649 1. The business discloses personal information to another
650 controller, a processor, or a government entity for the purpose
651 of responding to an alert of a present risk of harm to a person
652 or property, detecting security incidents, proecting against
653 malicious, deceptive, fraudulent, or illegal activity, or
654 prosecuting those responsible for that activity.
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655 2. A consumer uses or directs the controller to
656 intentionally disclose personal information or uses the
657 controller to intentionally interact with a third party. An
658 intentional interaction occurs when the consumer intends to
659 interact with the third party, via one or more deliberate
660 interactions. Hovering over, muting, pausing, or closing a given
661 piece of content does not constitute a consumer's intent to
662 interact with a third party.
663 3. The controller uses or shares an identifier for a
664 consumer who has opted out of the sale or sharing of the
665 consumer's personal information for the purposes of alerting
666 third parties that the consumer has opted out of the sale or
667 sharing of the consumer's personal information.
668 4. The controller uses or shares with a processor personal
669 information of a consumer that is necessary to perform a
670 contracted purpose if both of the following conditions are met:
671 a. The controller has provided notice that the personal
672 information of the consumer is being used or shared in its
673 privacy policy.
674 b. The processor does not further collect, sell, share, or
675 use the personal information of the consumer except as necessary
676 to perform the contracted purpose.
677 5. The controller transfers to a third party the personal
678 information of a consumer as an asset that is part of a merger,
679 acquisition, bankruptcy, or other transaction in which the third
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680 party assumes control of all or part of the controller, provided
681 that information is used or shared consistently with this
682 section. If a third party materially alters how it uses or
683 shares the personal information of a consumer in a manner that
684 is materially inconsistent with the promises made at the time of
685 collection, it shall provide prior notice of the new or changed
686 practice to the consumer. The notice must be sufficiently
687 prominent and robust to ensure that consumers can easily
688 exercise choices consistent with this section.
689 (7) FORM TO OPT-OUT OF SALE OR SHARING OF PERSONAL
690 INFORMATION.—
691 (a) A controller shall:
692 1. In a form that is reasonably accessible to consumers,
693 provide a clear and conspicuous link on the controller's
694 Internet homepage, entitled "Do Not Sell or Share My Personal
695 Information," to an Internet webpage that enables a consumer, or
696 a person authorized by the consumer, to opt-out of the sale or
697 sharing of the consumer's personal information. A controller may
698 not require a consumer to create an account in order to direct
699 the controller not to sell the consumer's personal information.
700 2. In a form that is reasonably accessible to consumers,
701 include a description of a consumer's rights along with a
702 separate link to the "Do Not Sell or Share My Personal
703 Information" Internet webpage in:
704 a. Its online privacy policy or policies.
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705 b. Any Florida-specific consumer privacy rights.
706 3. Ensure that all individuals responsible for handling
707 consumer inquiries about the controller's privacy practices or
708 the controller's compliance with this section are informed of
709 all requirements in subsection (3) and this subsection and how
710 to direct consumers to exercise such rights.
711 4. For consumers who opt-out of the sale or sharing of
712 their personal information, refrain from selling or sharing
713 personal information collected by the controller about the
714 consumer.
715 5. For consumers who opted-out of the sale or sharing of
716 their personal information, respect the consumer's decision to
717 opt-out for at least 12 months before requesting that the
718 consumer authorize the sale of the consumer's personal
719 information.
720 6. Use any personal information collected from the
721 consumer in connection with the submission of the consumer's
722 opt-out request solely for the purposes of complying with the
723 opt-out request.
724 (b) This subsection does not require a controller to
725 include the required links and text on the homepage that the
726 controller makes available to the public generally, if the
727 controller maintains a separate and additional homepage that is
728 dedicated to Florida consumers and that includes the required

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729 links and text, and the controller takes reasonable steps to
730 ensure that Florida consumers are directed to such homepage.
731 (c) A consumer may authorize another person to opt-out of
732 the sale or sharing of the consumer's personal information on
733 the consumer's behalf, and a controller shall comply with an
734 opt-out request received from a person authorized by the
735 consumer to act on the consumer's behalf, pursuant to rules
736 adopted by the department.
737 (8) DISCRIMINATION AGAINST CONSUMERS WHO EXERCISE PRIVACY
738 RIGHTS.—
739 (a)1. A controller may not discriminate against a consumer
740 who exercised any of the consumer's rights under this section.
741 Discrimination under this subparagraph includes, but is not
742 limited to:
743 a. Denying goods or services to the consumer.
744 b. Charging different prices or rates for goods or
745 services, including through the use of discounts or other
746 benefits or imposing penalties.
747 c. Providing a different level or quality of goods or
748 services to the consumer.
749 d. Suggesting that the consumer will receive a different
750 price or rate for goods or services or a different level or
751 quality of goods or services.
752 2. This paragraph does not prohibit a controller from
753 charging a consumer a different price or rate, or from providing
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754 a different level or quality of goods or services to the
755 consumer, if that difference is reasonably related to the value
756 provided to the controller by the consumer's data or is related
757 to a consumer’s voluntary participation in a bona fide loyalty,
758 rewards, premium features, discounts, or club card program.
759 (b)1. A controller may offer financial incentives,
760 including payments to consumers as compensation, for the
761 collection, sale, share, or deletion of personal information.
762 2. A controller may offer a different price, rate, level,
763 or quality of goods or services to the consumer if the price or
764 difference is directly related to the value provided to the
765 controller by the consumer's personal information or is related
766 to a consumer’s voluntary participation in a bona fide loyalty,
767 rewards, premium features, discounts, or club card program.
768 3. A controller that offers any financial incentives shall
769 notify consumers of the financial incentives.
770 4. A controller may enter a consumer into a financial
771 incentive program only if the consumer gives the controller
772 prior consent that clearly describes the material terms of the
773 financial incentive program. The consent may be revoked by the
774 consumer at any time.
775 5. A controller may not use financial incentive practices
776 that are unjust, unreasonable, coercive, or usurious in nature.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (2021)
Amendment No. 1

777 (c) A controller may offer, and a consumer may voluntarily
778 participate in, a bona fide loyalty, rewards, premium features,
779 discounts, or club card program.
780 (9) CONTRACTS AND ROLES.—
781 (a) Any contract between a controller and a processor
782 must:
783 1. Prohibit the processor from selling or sharing the
784 personal information;
785 2. Prohibit the processor from retaining, using, or
786 disclosing the personal information other than for the purposes
787 specified in the contract with the controller;
788 3. Prohibit the processor from combining the personal
789 information that the processor receives from or on behalf of the
790 controller with personal information that it receives from or on
791 behalf of another person or that the processor collects from its
792 own interaction with the consumer, provided that the processor
793 may combine personal information to perform any purpose
794 specified in the contract and such combination is reported to
795 the controller;
796 4. Govern the processor’s personal information processing
797 procedures with respect to processing performed on behalf of the
798 controller, including processing instructions, the nature and
799 purpose of processing, the type of information subject to
800 processing, the duration of processing, and the rights and
801 obligations of both the controller and processor;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (2021)
Amendment No. 1

802 5. Require the processor to return or delete all personal
803 information under the contract to the controller as requested by
804 the controller at the end of the provision of services, unless
805 retention of the information is required by law; and
806 6. Upon request of the controller, require the processor
807 to make available to the controller all information in its
808 possession under the contract to demonstrate compliance with
809 this section.
810 (b) Determining whether a person is acting as a controller
811 or processor with respect to a specific processing of data is a
812 fact-based determination that depends upon the context in which
813 personal information is to be processed. The contract between a
814 controller and processor must reflect their respective roles and
815 relationships related to handling personal information.
816 Irrespective of the terms of the arrangement or contract, the
817 consumer may exercise his or her rights against a controller or
818 a processor that does not act in accordance with the terms of
819 the contract with the controller. A processor that continues to
820 adhere to a controller's instructions with respect to a specific
821 processing of personal information remains a processor.
822 (c) A third party may not sell or share personal
823 information about a consumer that has been sold or shared to the
824 third party by a controller unless the consumer has received
825 explicit notice from the third party and is provided an
826 opportunity to opt-out by the third party.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (2021)
Amendment No. 1

827 (d) A third party or a processor must require any
828 subcontractor to meet the same obligations of such third party
829 or processor with respect to personal information.
830 (e) A third party or processor or any subcontractor
831 thereof who violates any of the restrictions imposed upon it
832 under this section is liable or responsible for any failure to
833 comply with this section. A controller that discloses personal
834 information to a third party or processor in compliance with
835 this section is not liable or responsible if the person
836 receiving the personal information uses it without complying
837 with the restrictions under this section, provided that at the
838 time of disclosing the personal information, the controller does
839 not have actual knowledge or reason to believe that the person
840 intends to not comply with this section.
841 (f) Any provision of a contract or agreement of any kind
842 that waives or limits in any way a consumer's rights under this
843 section, including, but not limited to, any right to a remedy or
844 means of enforcement, is deemed contrary to public policy and is
845 void and unenforceable. This section does not prevent a consumer
846 from declining to request information from a controller,
847 declining to opt-out of a controller's sale or sharing of the
848 consumer's personal information, or authorizing a controller to
849 sell or share the consumer's personal information after
850 previously opting out.
851 (10) CIVIL ACTIONS; PRIVATE RIGHT OF ACTION.—
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (2021)
Amendment No. 1

852 (a) A Florida consumer may bring a civil action against a
853 controller, processor or person pursuant to this section only
854 for the following:
855 1. Failure to protect a consumer's nonencrypted and
856 nonredacted personal information or e-mail address, in
857 combination with a password or security question and answer that
858 would allow access to the consumer’s account, and is subject to
859 an unauthorized access and exfiltration, theft, or disclosure as
860 a result of a violation of the duty to implement and maintain
861 reasonable security procedures and practices.
862 2. Failure to delete or correct a consumer's personal
863 information pursuant to this section after receiving a
864 verifiable consumer request or directions to delete or correct
865 from a controller unless the controller, processor or person
866 qualifies for an exception to the requirements to delete or
867 correct under this section.
868 3. Continuing to sell or share a consumer's personal
869 information after the consumer chooses to opt-out pursuant to
870 this section, or selling or sharing the personal information of
871 a consumer age 16 or younger without obtaining consent as
872 required by this section.
873 (b) A court may grant the following relief to a consumer:
874 1. Damages in an amount not less than $100 and not greater
875 than $750 per consumer per incident or actual damages, whichever
876 is greater.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (2021)
Amendment No. 1

877 2. Injunctive or declaratory relief.
878 (c) Upon prevailing, the consumer shall recover reasonable
879 attorney fees and costs.
880 (d) Any action under this subsection may be brought only
881 by or on behalf of a Florida consumer.
882 (e) Except as authorized under this subsection and
883 subsection (13), liability for a tort, contract claim or
884 consumer protection claim which inures to the benefit of a
885 consumer does not arise from the failure of a controller,
886 processor or person to comply with this section and evidence of
887 such may only be used to prove a cause of action under this
888 subsection or subsection (11).
889 (11) ENFORCEMENT AND IMPLEMENTATION.—
890 (a) A violation of this section is an unfair and deceptive
891 trade practice actionable under part II of chapter 501 solely by
892 the department. If the department has reason to believe that any
893 controller, processor, or person is in violation of this
894 section, the department may bring an action against such
895 controller, processor, or person for an unfair or deceptive act
896 or practice. For the purpose of bringing an action pursuant to
897 this section, s. 501.211 and s. 501.212(4) do not apply. Civil
898 penalties may be tripled if the violation involves a consumer
899 who the controller, processor or person has actual knowledge is
900 16 years of age or younger.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (2021)
Amendment No. 1

901 (b) After the department has notified a controller,
902 processor or person in writing of an alleged violation, the
903 department may in its discretion grant a 45-day period to cure
904 the alleged violation. The department may consider the number of
905 violations, the substantial likelihood of injury to the public,
906 or the safety of persons or property when determining whether to
907 grant 45 days to cure. If the violation is cured to the
908 satisfaction of the department and proof is provided to the
909 department, the department may issue a letter of guidance that
910 indicates that the controller, processor or person will not be
911 offered a 45-day cure period for any future violations. If the
912 controller, processor or person fails to cure the violation
913 within 45 days, the department may bring an action against the
914 controller, processor or person for the alleged violation.
915 (c) This subsection does not affect the private right of
916 action provided in subsection (10).
917 (d) The department may adopt rules to implement this
918 section.
919 (12) JURISDICTION.—
920 (1) For purposes of bringing an action in accordance with
921 subsection (10) and (11), any person that meets the definition
922 of controller, as defined in this section, that collects, sells,
923 or shares the personal information of Florida consumers, is
924 conclusively presumed to be both engaged in substantial and not
925 isolated activities within this state and operating, conducting,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (2021)
Amendment No. 1

926 engaging in, or carrying on a business, and doing business in
927 this state, and is therefore subject to the jurisdiction of the
928 courts of this state.
929 Section 3. This act shall take effect July 1, 2022.
930
931 -----------------------------------------------------
932 T I T L E A M E N D M E N T
933 Remove everything before the enacting clause and insert:
934 An act relating to consumer data privacy; amending s. 501.171,
935 F.S.; revising the definition of "personal information" to
936 include additional specified information to data breach
937 reporting requirements; creating s. 501.173, F.S.; providing
938 definitions; providing exceptions; requiring controllers that
939 collect a consumer's personal data to disclose certain
940 information regarding data collection and selling practices; to
941 the consumer at or before the point of collection; specifying
942 that such information may be provided through a general privacy
943 policy or through a notice informing the consumer that
944 additional specific information will be provided upon a certain
945 request; prohibiting controllers from collecting additional
946 categories of personal information or using personal information
947 for additional purposes without notifying the consumer;
948 requiring controllers that collect personal information to
949 implement reasonable security procedures and practices to
950 protect the information; authorizing consumers to request
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (2021)
Amendment No. 1

951 controllers to disclose the specific personal information the
952 controller has collected about the consumer; requiring
953 controllers to make available two or more methods for consumers
954 to request their personal information; requiring controllers to
955 provide such information free of charge within a certain
956 timeframe and in a certain format upon receiving a verifiable
957 consumer request; specifying requirements for third parties with
958 respect to consumer information acquired or used; providing
959 construction; authorizing consumers to request controllers to
960 delete or correct personal information the controller has
961 collected about the consumers; providing exceptions; specifying
962 requirements for controllers to comply with deletion or
963 correction requests; authorizing consumers to opt out of third-
964 party disclosure of personal information collected by a
965 controller; prohibiting controllers from selling or disclosing
966 the personal information of consumers younger than a certain
967 age, except under certain circumstances; prohibiting controllers
968 from selling or sharing a consumer's information if the consumer
969 has opted out of such disclosure; prohibiting controllers from
970 taking certain actions to retaliate against consumers who
971 exercise certain rights; providing applicability; providing that
972 a contract or agreement that waives or limits certain consumer
973 rights is void and unenforceable; providing for civil actions
974 and a private right of action for consumers under certain
975 circumstances; providing civil remedies; authorizing the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 969 (2021)
Amendment No. 1

976 Department of Legal Affairs to bring an action under the Florida
977 Unfair or Deceptive Trade Practices Act and to adopt rules;
978 providing that controllers must have a specified timeframe to
979 cure any violations; providing an effective date.

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CS/HB 971
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 971 Pub. Rec./Consumer Data Privacy
SPONSOR(S): Government Operations Subcommittee, McFarland
TIED BILLS: CS/CS/HB 969 IDEN./SIM. BILLS: SB 7064

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee 16 Y, 0 N Wright Anstead

2) Government Operations Subcommittee 17 Y, 0 N, As CS Villa Smith

3) Commerce Committee Wright Hamon

SUMMARY ANALYSIS
As technologies that capture and analyze data proliferate, so, too, do businesses' abilities to contextualize
consumer data. Businesses use it for a range of purposes. The European Union, California, and a few other
states have enacted data privacy regulations to protect such data and give consumers more control over how
their information is used.

HB 969, to which this bill is linked, gives certain consumer rights related to personal information, including:
 The right to access personal information collected on them by a business,
 The right to delete or correct their personal information, and
 The right to opt-out of the sale or sharing of their personal information to third parties.

The Department of Legal Affairs (DLA), upon belief that any business, service provider, or other person or
entity is in violation of the consumer data requirement provisions, and that proceedings would be in the public
interest, may bring an action against a business, service provider, or other person or entity. DLA may seek a
civil penalty of not more than $2,500 for each unintentional violation or $7,500 for each intentional violation,
and triple the amount if the violation involves a consumer who is 16 years of age or younger.

This bill, which is linked to the passage of HB 969, provides that all information received by DLA pursuant to a
notification or investigation by DLA or a law enforcement agency of a violation of certain statutory requirements
is confidential and exempt from public record requirements. The bill provides that the information may be
released during an active investigation:
• In the furtherance of official duties and responsibilities;
• For print, publication, or broadcast to notify the public of a data breach; or
• To another governmental entity in the furtherance of its official duties and responsibilities.

Once an investigation is completed, the following information will remain confidential and exempt:
• All information to which another public records exemption applies,
• Personal information,
• A computer forensic report,
• Information that would otherwise reveal weaknesses in a business's data security, and
• Information that would otherwise disclose a business's proprietary information.

The bill provides that the public record exemption is subject to the Open Government Sunset Review Act and
will repeal on October 2, 2027, unless the Legislature reviews and reenacts the exemption by that date.

Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.

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:
Public Records

Article I, s. 24(a) of the State Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of Article I, section 24(a).1
The general law must state with specificity the public necessity justifying the exemption2 and must be
no more broad than necessary to accomplish its purpose.3

Public policy regarding access to government records is addressed further in the Florida Statutes.
Section 119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or
municipal record, unless the record is exempt. Furthermore, the Open Government Sunset Review Act4
provides that a public record or public meeting exemption may be created or maintained only if it serves
an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
 Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
 Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
 Protect trade or business secrets.5

The Open Government Sunset Review Act requires the automatic repeal of a newly created exemption
on October 2nd of the fifth year after creation or substantial amendment, unless the Legislature
reenacts the exemption.6

Consumer Data Privacy

As technologies that capture and analyze data proliferate, so, too, do businesses' abilities to
contextualize consumer data. Businesses use it for a range of purposes, including better understanding
day-to-day operations, making more informed business decisions and learning about their customers.7

The European Union, several other countries, California, and a few other states have enacted data
privacy regulations to protect such data and give consumers more control over how their information is
used. Florida does not have a broad data privacy law, but there is a law which governs what actions
must be taken by certain government and business entities in the event of a data breach of personal
information.8

Department of Legal Affairs

The Office of the Attorney General, also known as the Department of Legal Affairs (DLA), provides a
wide variety of legal services, including defending the state in civil litigation cases, representing the

1 Art. I, s. 24(c), FLA. CONST.
2 This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3 Art. I, s. 24(c), FLA. CONST.
4 Section 119.15, F.S.
5 Section 119.15(6)(b), F.S.
6 Section 119.15(3), F.S.
7 Max Freedman, How Businesses Are Collecting Data (And What They’re Doing With It), Business News Daily (Jun. 17, 2020)

https://www.businessnewsdaily.com/10625-businesses-collecting-data.html.
8 S. 501.171, F.S.

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people of Florida in criminal appeals in state and federal courts, protecting rights of children,
consumers, and victims through its various protection programs, and investigating and litigating against
businesses that seek to limit competition and defraud taxpayers.9

HB 969

HB 969, to which this bill is linked, gives certain consumer rights related to personal information,
including:
• The right to access personal information collected on them by a business,
• The right to delete or correct their personal information, and
• The right to opt-out of the sale or sharing of their personal information to third parties.

A “business” is a for profit entity that does business in Florida, collects and controls personal
information, and satisfies one or more of the following thresholds:
• Has global annual gross revenues in excess of $25 million, as adjusted in January of every odd-
numbered year to reflect any increase in the Consumer Price Index.
• Annually buys, receives for the business's commercial purposes, sells, or shares for commercial
purposes, the personal information of 50,000 or more consumers, households, or devices.
• Derives 50 percent or more of its global annual revenues from selling or sharing personal
information about consumers.

Under the bill, personal information is information that identifies, relates to, or describes a particular
consumer or household, or is reasonably capable of being directly or indirectly associated or linked
with, a particular consumer or household. The term does not include public information from
government records; or deidentified or aggregate consumer information.

The bill proscribes certain operational requirements on businesses with respect to collecting, selling, or
sharing personal information with service providers or third parties.

DLA, upon belief that any business, service provider, or other person or entity is in violation and that
proceedings would be in the public interest, may bring an action against a business, service provider,
or other person or entity. DLA may seek a civil penalty of not more than $2,500 for each unintentional
violation or $7,500 for each intentional violation, and triple the amount if the violation involves a
consumer who is 16 years of age or younger.

Effect of the Bill

The bill creates a public record exemption for all information received by DLA pursuant to a notification
or investigation by DLA or a law enforcement agency of a violation of certain statutory requirements.
Such information is made confidential and exempt10 from public record requirements.

During an active investigation, information made confidential and exempt may be disclosed by DLA:
• In the furtherance of its official duties and responsibilities;
• For print, publication, or broadcast if DLA determines that such release would assist in notifying
the public or locating or identifying a person that DLA believes to be a victim of a data breach or
improper use or disposal of customer records, except that information made confidential and
exempt after an investigation may not be released in this manner; or
• To another governmental entity in the furtherance of its official duties and responsibilities.

9 OPPAGA, Office of the Attorney General (Department of Legal Affairs),

https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=1026 (last visited Mar. 7, 2021).
10 There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature

deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If
the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla.
(1985).
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Once an investigation is completed or once an investigation ceases to be active, the following
information received by DLA will remain confidential and exempt:
 All information to which another public records exemption applies,
 Personal information,
 A computer forensic report,
 Information that would otherwise reveal weaknesses in a business's data security, and
 Information that would otherwise disclose a business's proprietary information.

The term "proprietary information" means information that:
 Is owned or controlled by the business,
 Is intended to be private and is treated by the business as private because disclosure would
harm the business or its business operations,
 Has not been disclosed except as required by law or a private agreement that provides that the
information will not be released to the public,
 Is not publicly available or otherwise readily ascertainable through proper means from another
source in the same configuration as received by DLA, and
 Includes trade secrets and competitive interests.

The bill provides a public necessity statement as required by article I, section 24(c) of the Florida
Constitution. The public necessity statement provides that, if released, information received by DLA
pursuant to an investigation by DLA or a law enforcement agency could:
 Frustrate or thwart the investigation and impair the ability of DLA to perform assigned functions,
 Undo a specific statutory exemption protecting the information,
 Be used for the purpose of identity theft,
 Result in the identification of vulnerabilities, and
 Result in economic harm.

The bill provides that the public record exemption is subject to the Open Government Sunset Review
Act and will repeal on October 2, 2027, unless the Legislature reviews and reenacts the exemption by
that date.

The bill will become effective on the same date that HB 969 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.

B. SECTION DIRECTORY:
Section 1: Creates a public records exemption for investigations related to s. 501.173, F.S.
Section 2: Provides a public necessity statement as required by the Florida Constitution.
Section 3: Provides an effective date of the same date that HB 969 or similar legislation takes
effect, if such legislation is adopted in the same legislative session or an extension
thereof and becomes law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

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

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
The bill may have a minimal fiscal impact on DLA because agency staff responsible for complying with
public records requests may require training related to the creation of the public records exemption.
DLA could incur costs associated with redacting the exempt information prior to releasing a record. The
costs, however, would be absorbed by existing resources, as they are part of the day-to-day
responsibilities of agencies.

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:
Vote Requirement

Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
passage.

Public Necessity Statement

Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption; thus, it includes a public necessity statement.

Breadth of Exemption

Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public record
or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
the law. The bill creates a public records exemption for sensitive investigative materials and personal
information, which does not appear to be broader than necessary to accomplish its purpose.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 30, 2021, the Government Operations Subcommittee adopted a strike-all amendment and
reported the bill favorably as a committee substitute. The strike-all amendment removed a security breach
notification from the public record exemption created by the bill, and revised the public necessity statement
to align with the information exempted by the bill.

This analysis is drafted to the committee substitute as adopted by the Government Operations
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 971 2021

1 A bill to be entitled
2 An act relating to public records; amending s.
3 501.173, F.S.; providing an exemption from public
4 records requirements for information relating to
5 investigations by the Department of Legal Affairs and
6 law enforcement agencies of certain data privacy
7 violations; providing for future legislative review
8 and repeal of the exemption; providing a statement of
9 public necessity; providing a contingent effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (14) is added to section 501.173,
15 Florida Statutes, as created by HB 969, 2021 Regular Session, to
16 read:
17 501.173 Consumer data privacy.—
18 (14) PUBLIC RECORDS EXEMPTION.—
19 (a) All information received by the department pursuant to
20 a notification of a violation under this section, or received by
21 the department pursuant to an investigation by the department or
22 a law enforcement agency of a violation of this section, is
23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
24 of the State Constitution, until such time as the investigation

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CODING: Words stricken are deletions; words underlined are additions.
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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 971 2021

25 is completed or ceases to be active. This exemption shall be
26 construed in conformity with s. 119.071(2)(c).
27 (b) During an active investigation, information made
28 confidential and exempt pursuant to paragraph (a) may be
29 disclosed by the department:
30 1. In the furtherance of its official duties and
31 responsibilities;
32 2. For print, publication, or broadcast if the department
33 determines that such release would assist in notifying the
34 public or locating or identifying a person that the department
35 believes to be a victim of a data breach or improper use or
36 disposal of customer records, except that information made
37 confidential and exempt by paragraph (c) may not be released
38 pursuant to this subparagraph; or
39 3. To another governmental entity in the furtherance of
40 its official duties and responsibilities.
41 (c) Upon completion of an investigation or once an
42 investigation ceases to be active, the following information
43 received by the department shall remain confidential and exempt
44 from s. 119.07(1) and s. 24(a), Art. I of the State
45 Constitution:
46 1. All information to which another public records
47 exemption applies.
48 2. Personal information.
49 3. A computer forensic report.

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CS/HB 971 2021

50 4. Information that would otherwise reveal weaknesses in a
51 business's data security.
52 5. Information that would disclose a business's
53 proprietary information.
54 (d) For purposes of this subsection, the term "proprietary
55 information" means information that:
56 1. Is owned or controlled by the business.
57 2. Is intended to be private and is treated by the
58 business as private because disclosure would harm the business
59 or its business operations.
60 3. Has not been disclosed except as required by law or a
61 private agreement that provides that the information will not be
62 released to the public.
63 4. Is not publicly available or otherwise readily
64 ascertainable through proper means from another source in the
65 same configuration as received by the department.
66 5. Includes:
67 a. Trade secrets as defined in s. 688.002.
68 b. Competitive interests, the disclosure of which would
69 impair the competitive advantage of the business who is the
70 subject of the information.
71 (e) This subsection is subject to the Open Government
72 Sunset Review Act in accordance with s. 119.15 and shall stand
73 repealed on October 2, 2027, unless reviewed and saved from
74 repeal through reenactment by the Legislature.

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CS/HB 971 2021

75 Section 2. The Legislature finds that it is a public
76 necessity that all information received by the Department of
77 Legal Affairs pursuant to a notification of a violation of s.
78 501.173, Florida Statutes, or received by the department
79 pursuant to an investigation by the department or a law
80 enforcement agency of a violation of s. 501.173, Florida
81 Statutes, be made confidential and exempt from s. 119.07(1),
82 Florida Statutes, and s. 24(a), Article I of the State
83 Constitution for the following reasons:
84 (1) A notification of a violation of s. 501.173, Florida
85 Statutes, may result in an investigation of such violation. The
86 premature release of such information could frustrate or thwart
87 the investigation and impair the ability of the department to
88 effectively and efficiently administer s. 501.173, Florida
89 Statutes. In addition, release of such information before
90 completion of an active investigation could jeopardize the
91 ongoing investigation.
92 (2) The Legislature finds that it is a public necessity to
93 continue to protect from public disclosure all information to
94 which another public record exemption applies once an
95 investigation is completed or ceases to be active. Release of
96 such information by the department would undo the specific
97 statutory exemption protecting that information.
98 (3) An investigation of a violation of s. 501.173, Florida
99 Statutes, is likely to result in the gathering of sensitive

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100 personal information, including identification numbers, unique
101 identifiers, professional or employment-related information, and
102 personal financial information. Such information could be used
103 for the purpose of identity theft. The release of such
104 information could subject possible victims of data privacy
105 violations to further harm.
106 (4) Notices received by the department and information
107 received during an investigation of a violation of s. 501.173,
108 Florida Statutes, are likely to contain proprietary information.
109 Such information, including trade secrets, derives independent,
110 economic value, actual, or potential, from being generally
111 unknown to, and not readily ascertainable by, other persons who
112 might obtain economic value from its disclosure or use. Allowing
113 public access to proprietary information, including a trade
114 secret, through a public records request could destroy the value
115 of the proprietary information and cause a financial loss to the
116 business submitting the information. Release of such information
117 could give business competitors an unfair advantage and weaken
118 the position of the entity supplying the proprietary information
119 in the marketplace.
120 (5) Information received by the department may contain a
121 computer forensic report or information that could reveal
122 weaknesses in a business's data security. The release of this
123 information could result in the identification of

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124 vulnerabilities in the business's cybersecurity system and be
125 used to harm the business and the business's clients.
126 (6) The Legislature finds that the harm that may result
127 from the release of information received by the department
128 pursuant to a notification or investigation by the department or
129 a law enforcement agency of a violation of s. 501.173, Florida
130 Statutes, could impair the effective and efficient
131 administration of the investigation and thus, outweighs the
132 public benefit that may be derived from the disclosure of the
133 information.
134 Section 3. This act shall take effect on the same date
135 that HB 969 or similar legislation takes effect, if such
136 legislation is adopted in the same legislative session or an
137 extension thereof and becomes a law.

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COMMERCE COMMITTEE

HB 971 by Rep. McFarland
Public Records/Consumer Data Privacy

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. McFarland (strike):

The amendment makes technical changes to conform with the linked bill, HB 969.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 971 (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 McFarland offered the following:
3
4 Amendment
5 Remove everything after the enacting clause and insert:
6 Section 1. Subsection (13) is added to section 501.173,
7 Florida Statutes, as created by HB 969, 2021 Regular Session, to
8 read:
9 501.173 Consumer data privacy.—
10 (13) PUBLIC RECORDS EXEMPTION.—
11 (a) All information received by the department pursuant to
12 a notification of a violation under this section, or received by
13 the department pursuant to an investigation by the department or
14 a law enforcement agency of a violation of this section, is
15 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
16 of the State Constitution, until such time as the investigation
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 971 (2021)
Amendment No. 1

17 is completed or ceases to be active. This exemption shall be
18 construed in conformity with s. 119.071(2)(c).
19 (b) During an active investigation, information made
20 confidential and exempt pursuant to paragraph (a) may be
21 disclosed by the department:
22 1. In the furtherance of its official duties and
23 responsibilities;
24 2. For print, publication, or broadcast if the department
25 determines that such release would assist in notifying the
26 public or locating or identifying a person that the department
27 believes to be a victim of a data breach or improper use or
28 disposal of customer records, except that information made
29 confidential and exempt by paragraph (c) may not be released
30 pursuant to this subparagraph; or
31 3. To another governmental entity in the furtherance of
32 its official duties and responsibilities.
33 (c) Upon completion of an investigation or once an
34 investigation ceases to be active, the following information
35 received by the department shall remain confidential and exempt
36 from s. 119.07(1) and s. 24(a), Art. I of the State
37 Constitution:
38 1. All information to which another public records
39 exemption applies.
40 2. Personal information.
41 3. A computer forensic report.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 971 (2021)
Amendment No. 1

42 4. Information that would otherwise reveal weaknesses in a
43 controller's, processor’s, or person’s data security.
44 5. Information that would disclose a controller's,
45 processor’s, or person’s proprietary information.
46 (d) For purposes of this subsection, the term "proprietary
47 information" means information that:
48 1. Is owned or controlled by the controller, processor, or
49 person.
50 2. Is intended to be private and is treated by the
51 controller, processor, or person as private because disclosure
52 would harm the controller, processor, or person or its business
53 operations.
54 3. Has not been disclosed except as required by law or a
55 private agreement that provides that the information will not be
56 released to the public.
57 4. Is not publicly available or otherwise readily
58 ascertainable through proper means from another source in the
59 same configuration as received by the department.
60 5. Includes:
61 a. Trade secrets as defined in s. 688.002.
62 b. Competitive interests, the disclosure of which would
63 impair the competitive advantage of the controller, processor,
64 or person who is the subject of the information.
65 (e) This subsection is subject to the Open Government
66 Sunset Review Act in accordance with s. 119.15 and shall stand
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 971 (2021)
Amendment No. 1

67 repealed on October 2, 2027, unless reviewed and saved from
68 repeal through reenactment by the Legislature.
69 Section 2. The Legislature finds that it is a public
70 necessity that all information received by the Department of
71 Legal Affairs pursuant to a notification of a violation of s.
72 501.173, Florida Statutes, or received by the department
73 pursuant to an investigation by the department or a law
74 enforcement agency of a violation of s. 501.173, Florida
75 Statutes, be made confidential and exempt from s. 119.07(1),
76 Florida Statutes, and s. 24(a), Article I of the State
77 Constitution for the following reasons:
78 (1) A notification of a violation of s. 501.173, Florida
79 Statutes, may result in an investigation of such violation. The
80 premature release of such information could frustrate or thwart
81 the investigation and impair the ability of the department to
82 effectively and efficiently administer s. 501.173, Florida
83 Statutes. In addition, release of such information before
84 completion of an active investigation could jeopardize the
85 ongoing investigation.
86 (2) The Legislature finds that it is a public necessity to
87 continue to protect from public disclosure all information to
88 which another public record exemption applies once an
89 investigation is completed or ceases to be active. Release of
90 such information by the department would undo the specific
91 statutory exemption protecting that information.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 971 (2021)
Amendment No. 1

92 (3) An investigation of a violation of s. 501.173, Florida
93 Statutes, is likely to result in the gathering of sensitive
94 personal information, including identification numbers, unique
95 identifiers, professional or employment-related information, and
96 personal financial information. Such information could be used
97 for the purpose of identity theft. The release of such
98 information could subject possible victims of data privacy
99 violations to further harm.
100 (4) Notices received by the department and information
101 received during an investigation of a violation of s. 501.173,
102 Florida Statutes, are likely to contain proprietary information.
103 Such information, including trade secrets, derives independent,
104 economic value, actual, or potential, from being generally
105 unknown to, and not readily ascertainable by, other persons who
106 might obtain economic value from its disclosure or use. Allowing
107 public access to proprietary information, including a trade
108 secret, through a public records request could destroy the value
109 of the proprietary information and cause a financial loss to the
110 controller, processor, or person submitting the information.
111 Release of such information could give business competitors an
112 unfair advantage and weaken the position of the entity supplying
113 the proprietary information in the marketplace.
114 (5) Information received by the department may contain a
115 computer forensic report or information that could reveal
116 weaknesses in a controller's, processor’s, or person’s data
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 971 (2021)
Amendment No. 1

117 security. The release of this information could result in the
118 identification of vulnerabilities in the controller's,
119 processor’s, or person’s cybersecurity system and be used to
120 harm the controller, processor, or person and clients.
121 (6) The Legislature finds that the harm that may result
122 from the release of information received by the department
123 pursuant to a notification or investigation by the department or
124 a law enforcement agency of a violation of s. 501.173, Florida
125 Statutes, could impair the effective and efficient
126 administration of the investigation and thus, outweighs the
127 public benefit that may be derived from the disclosure of the
128 information.
129 Section 3. This act shall take effect on the same date
130 that HB 969 or similar legislation takes effect, if such
131 legislation is adopted in the same legislative session or an
132 extension thereof and becomes a law.

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HB 1113
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1113 Traffic and Pedestrian Safety
SPONSOR(S): Fine
TIED BILLS: IDEN./SIM. BILLS: SB 1412

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 2 N Johnson Keating

2) Infrastructure & Tourism Appropriations 10 Y, 1 N Hicks Davis
Subcommittee

3) Commerce Committee Johnson Hamon

SUMMARY ANALYSIS
Florida law provides that the driver of a vehicle must stop for a pedestrian who is walking in a crosswalk in
accordance with a traffic control signal or where signage indicates the driver must stop. If there are no traffic
control signals or signage in place at a crosswalk, the driver of a vehicle must yield to a pedestrian who is on
the half of the roadway on which the vehicle is traveling. If traffic control signals are in operation, pedestrians
may not cross at any place except in a marked crosswalk. If there is no crosswalk, pedestrians crossing a
roadway must yield to vehicles.

The Department of Transportation (DOT) and local governments utilize various types of equipment or signals
to indicate when pedestrians may safely cross at midblock crosswalks (crosswalks that are not at an
intersection). One type of signal commonly used is a rectangular rapid flash beacon (RRFB). The RRFB
consists of two rapidly and alternately flashing yellow rectangular LED lights that function as a warning beacon
to drivers. Pedestrians press the call button to activate the yellow flashing lights, but should wait for motorists
to stop before they cross.

The bill creates the “Sophia Nelson Pedestrian Safety Act.”

The bill requires a traffic engineering study conducted by a Florida licensed professional engineer prior to
installing a new mid-block crosswalk (MBC). MBCs installed on public roads must conform to certain provisions
of the latest Manual on Uniform Traffic Control Devices (MUTCD) and other applicable DOT standards,
manuals, and specifications, and must include a pedestrian-facing sign containing language stating duties
applicable to a pedestrian.

The bill requires, by October 1, 2024, that the entity with jurisdiction over a public highway, street, or road with
a MBC must ensure that such crosswalk is controlled by the required coordinated traffic control signal devices
and pedestrian control signals. Alternatively, the entity may remove the crosswalk.

Additionally, by October 1, 2022, the bill requires DOT to seek approval from the federal government to allow
the use of red RRFBs in place of yellow RRFBs. If approved, all entities with jurisdiction over MBCs must
replace existing yellow RRFBs with red RRFBs within 12 months of federal authorization. If the request is
denied, all entities with jurisdiction over MBCs must remove all yellow RRFBs or retrofit MBCs with legally
acceptable equipment as required in the bill.

The bill provides legislative findings that this bill fulfills an important state interest.

The bill will likely have a significant, negative fiscal impact to state and local governments. See Fiscal Analysis
for details.

The bill has an effective date of October 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:
Current Situation

Unless otherwise directed by a law enforcement officer, pedestrians are required to obey the
instructions of official traffic control devices that are specifically applicable to pedestrians.1 If a sidewalk
is provided, and no circumstances prevent a pedestrian’s use of the sidewalk, a pedestrian is prohibited
from walking on a roadway that is paved for vehicular traffic.2 If a sidewalk is not provided, a
pedestrian, when practicable, must walk only on the shoulder on the left side of the roadway in relation
to the pedestrian’s direction of travel, facing traffic that may approach from the opposite direction.3

The driver of a vehicle must stop for a pedestrian who is walking in a crosswalk at in accordance with a
traffic control signal or where signage indicates the driver to stop. If there are no traffic control signals
or signage in place at a crosswalk, the driver of a vehicle must yield to a pedestrian who is on the half
of the roadway on which the vehicle is traveling.4 If traffic control signals are in operation, pedestrians
cannot cross at any place except in a marked crosswalk.5 If there are no crosswalks, pedestrians
crossing a roadway must yield to vehicles.6

When pedestrian traffic control signals or signage is installed, such indicators must conform to the
requirements of the most recent Manual on Uniform Traffic Control Devices (MUTCD).7 The MUTCD
defines the standards used by road managers nationwide to install and maintain traffic control devices
on all public streets, highways, bikeways, and private roads open to public travel. The Federal Highway
Administration (FHWA) maintains the MUTCD.8

The Department of Transportation (DOT) and local governments utilize various types of MUTCD
approved signals to indicate when pedestrians may safely cross midblock crosswalks (MBCs).9 Two
types of signals commonly used by DOT and local governments are a rectangular rapid flash beacon
(RRFB) and a pedestrian hybrid beacon.10 The RRFB consists of two rapidly and alternately flashing
yellow rectangular LED lights that function as a warning beacon to drivers.11 Pedestrians press the call
button to activate the flashing lights, but should wait for motorists to stop before they cross.12 The
pedestrian hybrid beacon consists of three signal sections with a circular yellow signal indication
centered below two horizontally aligned circular red signal indications.13 The pedestrian hybrid beacon
is not illuminated until a pedestrian activates it and triggers the warning flashing yellow lens facing the
street.14 After a set amount of time, the indication changes to a solid yellow light to inform drivers to
prepare to stop.15 The beacon then displays a dual solid red light to drivers on the street and a walking
person symbol to pedestrians on the crosswalk.16 At the conclusion of the walk phase, the beacon

1 S. 316.130(1), F.S.
2 S. 316.130(3), F.S.
3 S. 316.130(4), F.S.
4 S. 316.130(7), F.S.
5 S. 316.130(11), F.S.
6 S. 316.130(10), F.S.
7 S 316.0755, F.S.
8 U.S. Department of Transportation, Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), (updated

February 2, 2021), https://mutcd.fhwa.dot.gov/ (last visited Mar. 2, 2021).
9 DOT, Pedestrian Facilities, https://www.fdot.gov/roadway/bikeped/default.shtm (last visited Mar, 2, 2021). For purposes of this bill

analysis, a MBC is defined as a crosswalk which is at least 100 feet from an intersection.
10 Id.
11 Id.
12 Id.
13 U.S. Department of Transportation, Safety Effectiveness of the HAWK Pedestrian Crossing Treatment (July 2010),

https://www.fhwa.dot.gov/publications/research/safety/10045/index.cfm (last visited Mar. 2, 2021).
14 Id.
15 Id.
16 Id.

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displays an alternating flashing red light, and pedestrians are shown an upraised hand symbol with a
countdown display informing them of the time remaining to cross the street.17

In July 2008, the MUTCD was updated via a memorandum18 to provide interim approval of RRFBs for
optional use in limited circumstances. The interim approval allows for the usage of RRFBs as a warning
beacon to supplement standard pedestrian crossing warning signs and markings at either a pedestrian
or school crossing.19 The cost is approximately $10,000 to $15,000 for purchase and installation of two
RRFB units (one on either side of a street).20 FHWA will grant interim approval for the optional use of
an RRFB as a warning beacon in addition to standard pedestrian crossing or school crossing signs at
crosswalks by any jurisdiction that submits a written request to FHWA’s Office of Transportation
Operations.21 A state may request interim approval for all jurisdictions in that state.22

MBCs on the state highway system, both controlled and uncontrolled, are typically justified and
installed as a result of a traffic engineering or safety study. To meet and conform to the requirements of
the MUTCD and DOT’s standards, a fully signalized MBC must serve a minimum of 133 pedestrians in
the peak hour.23

The current estimated quantity of MBCs on the state highway system include:

Controlled MBCs24
 Total MBCs with Traffic Signals = 7
 Total MBCs with Pedestrian Hybrid Beacon = 15
Uncontrolled MBCs25
 Total MBCs with warning signs and pavement markings only = 83
 Total MBCs with Yellow Circular Flashing Beacons = 5
 Total MBCs with Yellow RRFBs = 23126

Effect of Proposed Changes

The bill creates the “Sophia Nelson Pedestrian Safety Act.”

The bill provides that before the installation of a pedestrian crosswalk after October 1, 2021, on a public
highway, street, or road which is located at any point other than an intersection with another public
highway, street, or road, a traffic engineering study must be conducted by a Florida licensed
professional engineer which recommends installation of such crosswalk.

The bill also provides that, notwithstanding any other provision of law to the contrary:
 A pedestrian crosswalk on a public highway, street, or road that has a posted speed limit of 30
miles per hour or more, which is located at any point other than an intersection with another
public highway, street, or road, must conform to the requirements of chapter 4D and 4E27 of the
most recent MUTCD and other applicable DOT standards, manuals, and specifications and

17 Id.
18 See Memorandum of Interim Approval for Optional Use of Rectangular Rapid Flashing Beacons (IA-11) (July 16, 2008),

https://mutcd.fhwa.dot.gov/resources/interim_approval/ia11/fhwamemo.htm (last visited Mar. 2, 2021).
19 U.S. Department of Transportation, Rectangular Rapid Flash Beacon (RRFB),

https://safety.fhwa.dot.gov/intersection/conventional/unsignalized/tech_sum/fhwasa09009/ (last visited Mar. 2, 2021).
20 Id.
21 See Memorandum of Interim Approval for Optional Use of Rectangular Rapid Flashing Beacons (IA-11) (July 16, 2008),

https://mutcd.fhwa.dot.gov/resources/interim_approval/ia11/fhwamemo.htm (last visited March 2, 2021).
22 Id.
23 Department of Transportation, Agency Analysis of 2021 House Bill 1113 (Version 2), p. 6. Mar. 11, 2021.
24 Controlled MBCs contain either a traffic signal or pedestrian hybrid beacon.
25 Uncontrolled MBCs contain devices such as pedestrian activated flashing beacons, RRFBs, street signs and/or pavement markings

only.
26 Department of Transportation, Agency Analysis of 2021 House Bill 1113 (Version 2), pp. 4-5. Mar. 11, 2021.
27 Chapter 4D relates to traffic control signal features including designs for certain traffic control devices. Chapter 4E relates to

pedestrian control features. Chapter 4F relates to pedestrian hybrid beacons. https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/part4.pdf (last
visited Mar. 16, 2021).
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must include a pedestrian-facing sign containing language stating duties applicable to a
pedestrian.
 A pedestrian crosswalk on a public highway, street, or road that has a posted speed limit of 29
miles per hour or less which is located at any point other than an intersection with another
public highway, street, or road, must include a pedestrian-facing sign containing language
stating duties applicable to a pedestrian.

The bill requires traffic control signal devices and pedestrian control signals at MBCs with posted speed
limits of 30 miles per hour or more to be coordinated with traffic control signal devices at intersections
adjacent to the crosswalk. The traffic control signal devices at intersections adjacent to the crosswalk
must be taken into consideration as provided in the most recent MUTCD and other applicable DOT
specifications.

The bill requires, by October 1, 2024, that the entity with jurisdiction over a public highway, street, or
road with a MBC must ensure that such crosswalk is controlled by the required coordinated traffic
control signal devices and pedestrian control signals. Alternatively, the entity may remove the
crosswalk.

The bill requires DOT, by October 1, 2022, to submit to the federal government a request for
authorization to allow existing yellow RRFB traffic control devices to be replaced by red RRFB traffic
control devices. If the federal government grants the request, the entity with jurisdiction over the MBC
must replace all yellow RRFBs with red RRFBs within 12 months after the date of federal authorization.

If the federal government denies the request, the applicable entity must remove all yellow RRFBs at
MBC by October 1, 2025. The entity with jurisdiction over the crosswalk may retrofit the crosswalk with
legally acceptable equipment.

The bill provides that the Legislature finds and declares that this act fulfills an important state interest.

The bill has an effective date of October 1, 2021.

B. SECTION DIRECTORY:
Section 1: Provides a short title.

Section 2: Creates s. 316.0756, F.S., relating to traffic control devices at crosswalks.

Section 3: Provides a declaration of important state interest.

Section 4: Provides an effective date of October 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
DOT has identified 319 uncontrolled and 22 controlled MBCs located on the state highway system
that would be impacted by the provisions of this bill. DOT derived its total estimated cost of $14.9
million in capital costs and $159,000 in recurring annual maintenance for additional traffic signals by
using the following per location costs:

 Replacing/retrofitting an uncontrolled MBC with a coordinated traffic signal - $300,000
 Retrofit pedestrian hybrid beacons to a full coordinated traffic signal - $18,000

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 Retiming an uncoordinated MBC traffic signal to coordinate with adjacent traffic signals -
$5,525
 Removal of an uncontrolled MBC - $7,000
 Maintaining a traffic signal - $5,139
 Signal warrant/traffic engineering study - $10,000

The costs to install pedestrian-facing signs containing language stating duties applicable to a
pedestrian is negligible ($130 per install). DOT estimates that the total retiming cost associated with
coordinating traffic control signal devices and pedestrian control signals at MBCs with posted speed
limits of 30 miles per hour or more with traffic control signal devices at intersections adjacent to the
crosswalk would be $38,675. If it was determined, based upon the most recent MUTCD and other
applicable DOT standards, manuals, and specifications, that a MBC could not be retrofitted to be
controlled by coordinated traffic control signal devices and pedestrian control signals, the crosswalk
must be removed. The cost to remove unwarranted MBC’s is estimated to be $1,974,000.

Should the federal government grant the state’s request to allow yellow RRFB traffic control devices
to be replaced by red RRFB traffic control devices, the fiscal impact is indeterminate. Because red
RRFB traffic control devices do not currently exist, certain required design and operational elements
are not developed at this time. 28 If the federal government does not grant the request, the
department assumes 10 percent of the uncontrolled MBCs would meet the requirements for the
installation of a traffic signal resulting in an upgrade of 31 crosswalks. The remaining 90 percent
(282 MBCs) would not meet the requirements, and therefore, would be removed altogether. The
construction costs associated with retrofitting MBCs to coordinated traffic signals or removing the
crosswalk altogether are estimated to be $9,300,000 and $1,974,000, respectively. DOT also
assumes that all 15 of the MBCs controlled by a Pedestrian Hybrid Beacon would meet the
requirements for the installation of pedestrian traffic signals and the cost to retrofit these locations
would be $270,000.

The costs associated with performance of a traffic engineering study by a Florida licensed
professional engineer can be absorbed within existing resources as this is already a part of DOT’s
process. The cost for a Florida licensed professional engineer to conduct the traffic engineering
study is $10,000 per location.

The total fiscal impact of the bill is contained within the confines of DOT’s Work Program. Due to
the fluid and dynamic nature of the Work Program, the fiscal impact may be partially mitigated by
normal changes which may occur with projects throughout the year. The bill specifies a full
implementation date of October 1, 2024, for the installation of pedestrian-facing signs and
coordinated traffic control signal devices and pedestrian control signals. This would effectively
spread the fiscal impact over three years before required compliance. However, if the federal
government does not approve DOT’s request to allow yellow RRFB traffic control devices to be
replaced by red RRFBs traffic control devices, all yellow RRFB traffic control devices must be
removed by October 1, 2025.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
The bill appears to have an indeterminate, but likely significant, negative fiscal impact on counties
and municipalities associated with studying and retrofitting or removing MBCs. 29

28 Email from John Kotyk, Deputy Legislative Affairs Director, Florida Department of Transportation, RE: Analysis Language, (Mar. 23,

2021).
29 Department of Transportation, Agency Analysis of 2021 House Bill 1113, p. 7. Mar. 9, 2021

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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
DOT’s efforts would be limited to MBCs on the state highway system. Its 5-year work program is built
and its transportation funding sources have been planned for use. Moving DOT’s resources to comply
with the bill may result in DOT deferring or deleting other priority projects.30

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 requires counties and municipalities to spend funds relating to specified traffic and
pedestrian signals; however, an exception may apply because similarly situated persons are all
required to comply; and the bill includes a legislative determination that it fulfills an important state
interest.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
According to DOT, with the removal of MBCs, there would be significantly fewer locations for
pedestrians to cross state roads, since they would only be able to legally cross at intersections. There
may also be pedestrian delay associated with the required coordination with traffic signals. Additionally,
removing MBCs may increase traffic crashes involving pedestrians in those areas, but these crashes
may decrease in places where uncontrolled MBCs are replaced with a traffic signal.31

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

30 Id.
31 Department of Transportation, Agency Analysis of 2021 House Bill 1113 (Version 2), p. 6. Mar, 11, 2021.

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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 1113 2021

1 A bill to be entitled
2 An act relating to traffic and pedestrian safety;
3 providing a short title; creating s. 316.0756, F.S.;
4 requiring a traffic engineering study to be conducted
5 which recommends installation of a specified
6 pedestrian crosswalk before such installation occurs;
7 requiring a pedestrian crosswalk on a public highway,
8 street, or road which is located at any point other
9 than at an intersection with another public highway,
10 street, or road to conform to specified requirements;
11 providing coordination requirements for certain
12 devices and signals; requiring that traffic control
13 signal devices at adjacent intersections be taken into
14 consideration; requiring, by a specified date, the
15 entity with jurisdiction over a public highway,
16 street, or road with a certain pedestrian crosswalk to
17 ensure that the crosswalk conforms to specified
18 requirements; authorizing such entity, alternatively,
19 to remove any such crosswalk; requiring, by a
20 specified date, the Department of Transportation to
21 submit a certain request for authorization to the
22 Federal Government; requiring applicable entities to
23 replace or remove specified traffic control devices
24 within a specified timeframe after the date of federal
25 authorization or denial, as applicable; authorizing

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HB 1113 2021

26 retrofitting of crosswalks with legally acceptable
27 equipment; providing a declaration of important state
28 interest; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. This act may be cited as the "Sophia Nelson
33 Pedestrian Safety Act."
34 Section 2. Section 316.0756, Florida Statutes, is created
35 to read:
36 316.0756 Traffic control signal devices and pedestrian
37 control signals at crosswalks other than at intersections.—
38 (1)(a) Before the installation of a pedestrian crosswalk
39 after October 1, 2021, on a public highway, street, or road
40 which is located at any point other than at an intersection with
41 another public highway, street, or road, a traffic engineering
42 study must be conducted by a Florida licensed professional
43 engineer which recommends the installation of such crosswalk.
44 (b) Notwithstanding any law to the contrary:
45 1. A pedestrian crosswalk on a public highway, street, or
46 road that has a posted speed limit of 30 miles per hour or more
47 which is located at any point other than at an intersection with
48 another public highway, street, or road must conform to the
49 requirements of chapters 4D and 4E of the most recent Manual on
50 Uniform Traffic Control Devices and other applicable Department

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HB 1113 2021

51 of Transportation standards, manuals, and specifications and
52 must include a pedestrian-facing sign containing language
53 stating duties applicable to a pedestrian, as provided in this
54 chapter.
55 2. A pedestrian crosswalk on a public highway, street, or
56 road that has a posted speed limit of 29 miles per hour or less
57 which is located at any point other than at an intersection with
58 another public highway, street, or road must include a
59 pedestrian-facing sign containing language stating duties
60 applicable to a pedestrian, as provided in this chapter.
61 (c) Traffic control signal devices and pedestrian control
62 signals at crosswalk locations described in subparagraph (b)1.
63 must be coordinated with traffic control signal devices at
64 intersections adjacent to the crosswalk, and such traffic
65 control signal devices at intersections adjacent to the
66 crosswalk must be taken into consideration as provided in the
67 most recent Manual on Uniform Traffic Control Devices and other
68 applicable Department of Transportation specifications.
69 (2) By October 1, 2024, the entity with jurisdiction over
70 a public highway, street, or road with a crosswalk described in
71 subsection (1) which is in existence on October 1, 2021, shall
72 ensure that such crosswalk is controlled by coordinated traffic
73 control signal devices and pedestrian control signals as
74 required under subsection (1). Alternatively, the entity with
75 jurisdiction may remove any such existing crosswalk.

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HB 1113 2021

76 (3) By October 1, 2022, the Department of Transportation
77 shall submit to the Federal Government a request for
78 authorization to allow yellow rectangular rapid flashing beacon
79 traffic control devices to be replaced by red rectangular rapid
80 flashing beacon traffic control devices. If the Federal
81 Government grants the request, the applicable entity must
82 replace all yellow rectangular rapid flashing beacon traffic
83 control devices at each crosswalk described in subsection (1) or
84 subsection (2) with red rectangular rapid flashing beacon
85 traffic control devices within 12 months after the date of
86 federal authorization. If the Federal Government denies the
87 request, the applicable entity must remove all yellow
88 rectangular rapid flashing beacon traffic control devices from
89 each crosswalk described in subsection (1) or subsection (2) by
90 October 1, 2025. The entity with jurisdiction over such
91 crosswalk may retrofit the crosswalk with legally acceptable
92 equipment.
93 Section 3. The Legislature finds and declares that this
94 act fulfills an important state interest.
95 Section 4. This act shall take effect October 1, 2021.

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CS/CS/HB 1209
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1209 Department of Financial Services
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Insurance & Banking
Subcommittee, Fetterhoff
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Insurance & Banking Subcommittee 17 Y, 0 N, As CS Haas Luczynski

2) State Administration & Technology 14 Y, 0 N, As CS Lee Topp
Appropriations Subcommittee

3) Commerce Committee Hinshelwood Hamon

SUMMARY ANALYSIS
The bill modifies several areas regulated by the Department of Financial Services (DFS), including:
 Division of Public Assistance Fraud (DPAF): Establishes DPAF as a criminal justice agency.
 Firefighter Cancer Benefits under State Risk Management Trust Fund (SRMTF): Benefits payable for a
state firefighter’s cancer diagnosis will be paid from the SRMTF rather than the employing state agency.
 Sexual Harassment Victims under State Risk Management: Prohibits employees covered by the SRMTF
from engaging in retaliatory conduct against a sexual harassment victim. Criminalizes knowingly disseminating
personal identifying information of a sexual harassment victim.
 Funeral, Cemetery, and Consumer Services (FCCS): Modifies composition of and procedures for filling Board
vacancies. Allows virtual meetings. Increases the criminal penalty for unlicensed funeral activity. Allows funeral
director interns and combination funeral director and embalmer interns who meet specified requirements to
continue acting as such while an application for full licensure is pending. Clarifies that if a preneed contract has
been fulfilled, then certain deposit requirements related the proceeds received on contracts do not apply.
 Explosives: Changes the definition of a two-component explosive.
 Fire Alarm Permit: Allows a contractor to begin work repairing existing fire alarm systems before approval but
after filing of a Uniform Fire Alarm Permit Application.
 Insurance Field Representatives and Operations: Modifies the continuing education requirements of
insurance licensees except title insurance agents. Modifies requirements related to renewal appointments. Adds
a designation that will qualify a person for licensure as an insurance agent’s customer representative. Increases
the maximum length of suspension of title insurance agents from 1 year to 2 years.
 Protecting Proprietary Business Information: Prohibits a person from requiring an insurance agent or agency
to provide the replacement cost estimator or other proprietary underwriting information as a condition to
extending credit secured by real property, nor may an insurance agent or agency provide this information.
 Surplus Lines: Removes a notice requirement before exporting policies. Allows an agent to export a flood
insurance policy to an eligible surplus insurer without seeking coverage from 3 or more authorized insurers.
 Fire Prevention and Control: Modifies requirements for design and alteration of fire sprinkler systems.
Replaces “protection agencies” with “service providers”. Aligns membership of two fire related councils.
Extends deadlines to comply with minimum radio strength for fire department communications and requires
radio strength assessments for high-rise buildings. Prohibits anyone from influencing a firesafety inspector.
Prohibits firesafety inspectors from accepting compensation to induce a violation of the Florida Fire Prevention
Code. Modifies a qualification for a license or permit to install and maintain fire suppression equipment. Allows
a volunteer firefighter to function in the same capacity while transitioning to a career firefighter.
 Bail Bond Agents: Criminalizes an agent’s aiding or abetting of unlicensed activity.
 False Personation: Criminalizes false personation of Division of Investigative and Forensic Services personnel.

The fiscal impact of the bill is indeterminate; however, the cost can likely be absorbed within existing resources. The
Criminal Justice Impact Conference determined the bill has a positive insignificant impact on the prison population.

Except as otherwise expressly provided, 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:
Department of Financial Services Organization

The Chief Financial Officer (CFO) is an elected member of the Cabinet, serves as the state’s chief
fiscal officer,1 and is designated as the State Fire Marshal. The CFO is the head of the Department of
Financial Services (DFS). Effective January 2003, the Department of Insurance, Treasury, State Fire
Marshal, and the Department of Banking and Finance merged into DFS. DFS consists of 13 divisions
and several specialized offices.2 DFS is composed of the following divisions and independent office:

 Accounting and Auditing;
 Consumer Services;
 Funeral, Cemetery, and Consumer Services;
 Insurance Agent and Agency Services;
 Investigative and Forensic Services;3
 Public Assistance Fraud;
 Rehabilitation and Liquidation;
 Risk Management;
 State Fire Marshal;
 Treasury;
 Unclaimed Property;
 Workers’ Compensation;
 Administration; and the
 Office of Insurance Consumer Advocate.

Division of Public Assistance Fraud

The Division of Public Assistance Fraud (DPAF) was not established as a criminal justice agency when
it was transferred from the Florida Department of Law Enforcement (FDLE) to DFS effective January
2011.4 A “criminal justice agency” is defined as: a court5, FDLE6, the Department of Juvenile Justice7,
the protective investigations component of the Department of Children and Families, which investigates
the crimes of abuse and neglect8, and any other governmental agency or subunit thereof that performs
the administration of criminal justice pursuant to a statute or rule of court and that allocates a
substantial part of its annual budget to the administration of criminal justice.9 DPAF currently operates
by protecting Florida taxpayers from public assistance fraud and the impact of those crimes by
enforcing state laws regarding program eligibility and proper use of public assistance benefits.10

Effect of the Bill

The bill establishes DPAF as a criminal justice agency. The designation allows DPAF to access
criminal justice information contained in Florida Crime Information Center and National Crime

1 Art. IV, s. 4, Fla. Const.
2 S. 20.121, F.S.
3 This division includes the Bureau of Forensic Services; Bureau of Fire, Arson, and Explosives Investigations; Office of

Fiscal Integrity; Bureau of Insurance Fraud; and Bureau of Workers’ Compensation Fraud.
4 Ch. 2010-144, Laws of Fla.
5 S. 943.045 (11)(a), F.S.
6 S. 943.045 (11)(b), F.S.
7 S. 943.045 (11)(c), F.S.
8 S. 943.045 (11)(d), F.S.
9 S. 943.045 (11)(e), F.S.
10 Public Assistance Fraud, https://www.myfloridacfo.com/division/paf/ (last visited Mar. 10, 2021).
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Information Center and additional information that will improve the division’s criminal investigation and
law enforcement capabilities.11 The bill includes DPAF in the definition of “criminal justice agency”.

Firefighter Cancer Benefits Under the State Risk Management Trust Fund

The State Risk Management Trust Fund (SRMTF) is a self-insurance fund, created and administered
by DFS.12 The SRMTF covers, unless specifically excluded, all departments of the State of Florida and
its employees, agents, and volunteers.13 The SRMTF provides insurance for workers’ compensation,
general liability, fleet automotive liability, federal civil rights actions under 42 U.S.C. s. 1983 or similar
federal statutes, and court-awarded attorney's fees in other proceedings against the state except for
such awards in eminent domain or for inverse condemnation or for awards by the Public Employees
Relations Commission.14

DFS must keep separate accounts within the SRMTF for workers' compensation, general liability, fleet
automotive liability, federal civil rights actions under 42 U.S.C. s. 1983 or similar federal statutes, and
court-awarded attorney's fees in other proceedings against the state except for such awards in
eminent domain or for inverse condemnation or for awards by the Public Employees Relations
Commission.15

Effective July 1, 2019,16 a firefighter who has been diagnosed with certain types of cancer and have
been employed by his or her employer for at least 5 continuous years, has not used tobacco products
for at least the preceding 5 years, and has not been employed in any other position in the preceding 5
years which is proven to create a higher risk for any cancer is entitled to the following benefits in lieu of
pursuing workers’ compensation benefits under ch. 440, F.S.:
 Cancer treatment covered within an employer-sponsored health plan or through a group health
insurance trust fund. The employer must timely reimburse for any out-of-pocket deductible,
copayment, or coinsurance costs incurred due to the treatment of cancer.17
 A one-time cash payout of $25,000, upon the firefighter’s initial diagnosis of cancer.18

The benefits remain available to the firefighter for 10 years following the date on which the firefighter
terminates employment if the firefighter elects to continue coverage in the employer-sponsored health
plan or group health insurance trust fund.19 Currently, the employing agency is responsible for
providing these benefits.20

Effect of the Bill

The bill transfers the responsibility for the benefits payable under s. 112.1816(2), F.S., for a state
agency firefighter’s cancer diagnosis to the SRMTF. The bill also requires a separate account in the
SRMTF for benefits payable to firefighters diagnosed with cancer. The bill requires the Department of
Management Services (DMS) to validate and approve the eligibility of claims before benefits are paid
from the fund.

The state currently has a total of 616 positions classified as firefighters that would potentially be eligible
for cancer-related coverage and benefits payable from the SRMTF.21 The Division of Risk
Management estimates the total annual benefits paid from the SRMTF in the first few years will be less

11 Department of Financial Services (DFS), Agency Analysis of CS/House Bill 1209 (Mar. 19, 2021).
12 S. 284.30, F.S.
13 S. 284.31, F.S.
14 S. 284.30, F.S.
15 S. 284.31, F.S.
16 Ch. 2019-21, Laws of Fla.
17 S. 112.1816(2)(a), F.S.
18 S. 112.1816(2)(b), F.S.
19 Id.
20 S. 112.1816, F.S.
21 The number of state firefighters is based on data obtained from the Department of Management Services from the state

personnel system (People First) on March 26, 2021.
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than $100,000 if the average number of claims is two per year.22 The cost of the firefighter cancer
coverage would likely be passed on to the employing state agency the following year as a part of their
respective risk management premiums.

State Agency/Department Firefighters
Agriculture and Consumer Services 525
Department of Financial Services 26
Department of Military Affairs 25
Agency for Health Care Administration 23
Department of Children and Families 16
Florida School for the Deaf & Blind 1
Total 616

Sexual Harassment Victims under the SRMTF

The personal identifying information of an alleged victim in an allegation of sexual harassment is
confidential and exempt from the public records requirements specified in s. 119.07(1), F.S., and s.
24(a), Art. I of the State Constitution.23

Effect of the Bill

The bill provides that any individual working for an entity covered by the SRMTF24 may not engage in
any retaliatory conduct against a sexual harassment victim. The bill defines a “sexual harassment
victim” as individual employed, or being considered for employment, with an entity participating in the
SRMTF who becomes a victim of workplace sexual harassment through the course of employment, or
while being considered for employment, with the entity.

The bill creates a first-degree misdemeanor, punishable, as provided by s. 775.082, F.S., for willfully
and knowingly disseminating personal identifying information of a sexual harassment victim to any
party other than a governmental entity in furtherance of its official duties or pursuant to a court order.

Funeral, Cemetery, and Consumer Services (FCCS)

The Board of Funeral, Cemetery, and Consumer Services

Section 20.121(4), F.S., creates the Board of Funeral, Cemetery, and Consumer Services (Board)
within DFS’s Division of Funeral, Cemetery, and Consumer Services.

The Board currently consists of 10 members pursuant to the following structure:
 The State Health Officer or his or her designee25
 Two funeral directors who are:
o Licensed under part III of ch. 497, F.S., as funeral directors, and
o Associated with a funeral establishment26
 One funeral director who is:
o Licensed under part III of ch. 497, F.S., as a funeral director
o Associated with a funeral establishment licensed under part III of ch. 497, F.S., that has
a valid preneed license issued pursuant to ch. 497, F.S., and
o Owns or operates a cinerator facility that is approved under ch. 403, F.S., and licensed
under part IV of ch. 497, F.S.27

22 DFS, supra note 11, at 11.
23 S. 119.071(2)(n), F.S.
24 The SRMTF covers, unless specifically excluded, all departments of the State of Florida and their employees, agents,

and volunteers. S. 284.31, F.S.
25 S. 497.101(1), F.S.
26 S. 497.101(2), F.S
27 Id.
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 Two persons whose:
o Primary occupation is associated with a cemetery company licensed under ch. 497,
F.S.28
 Three consumers who:
o Are Florida residents
o Have never been licensed as funeral directors or embalmers
o Are not connected with a cemetery or cemetery company licensed pursuant to ch. 497,
F.S.
o Are not connected with the death care industry or the practice of embalming, funeral
directing, or direct disposition
o At least one of which is at least 60 years old
o At least one of which is a licensed certified public accountant29
 One member who shall be:
o A principal of a monument establishment licensed under ch. 497, F.S., as a monument
builder.30
There shall not be two or more Board members who are principals or employees of the same company
or partnership or group of companies or partnerships under common control.31

Nine of the 10 Board members, save only the State Health Officer, are appointed by the Governor from
nominations made by the CFO and confirmed by the Senate.32 Currently the CFO must nominate three
persons for each vacancy.33 If the Governor objects to each of the three nominations for a vacancy, the
CFO must submit an additional three nominations until the vacancy is filled.34 DFS reports that they
often to not receive three or more applications for qualified applicants to the Board.35 In fact, DFS
reports that the CPA position has remained vacant since September 2017 for this reason.36

Board members, other than the State Health Officer,37 are appointed for 4 year terms.38 The CFO was
directed to stagger the terms of members after the terms of the initial members expired 39 and this has
already occurred at the initiation of the Board.40

The Board acts as the licensing and rulemaking authority under ch. 497, F.S., for a vast array of
matters within the death care industry.41 A quorum is necessary to conduct the business of the Board.42
A quorum consists of six members of the Board.43 DFS indicates that it can be difficult to obtain this
number due to Board vacancies, absenteeism, and necessary recusal.44

Effect of the Bill

The bill reduces the number of nominations that the CFO must make per Board vacancy from three to
one. This should alleviate some challenges DFS is facing with filling Board vacancies due to a lack of
applications while still maintaining the provision that allows the Governor to reject the nomination(s).

The bill also adjusts the Board composition by:

28 Id.
29 Id.
30 Id.
31 Id.
32 S. 497.101(1), F.S.
33 Id.
34 Id.
35 DFS, Agency Analysis of 2021 House Bill 1209 (Mar. 9, 2021).
36 Id.
37 The State Health Officer serves as long as he or she holds that office. S. 497.101(3), F.S.
38 S. 497.101(3), F.S.
39 Id.
40 DFS, supra note 35.
41 S. 497.103(1)(a)-(cc), F.S.
42 S. 497.101(6), F.S.
43 Id.
44 DFS, supra note 35.
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 Reducing from three to two the number of positions on the Board that must be held by
consumers who are Florida residents, have never been licensed funeral directors or embalmers,
are not connected with a cemetery or licensed cemetery company, and are not connected to the
death care industry or the practice of embalming, funeral directing, or direct disposition; and
 Clarifying the requirement of the CPA consumer member by stating that he or she must: be a
Florida resident, be licensed as a certified public accountant under ch. 473, F.S., have never
been licensed as a funeral director or an embalmer, and must not be a principal or an employee
of any licensee licensed under this chapter; and must not otherwise have control, as defined in
s. 497.005, F.S., over any licensee licensed under this chapter.

The bill removes the outdated provision involving the staggering of the Board from its initial Board
members. Because the Board has been in place since 2003, provisions dealing with its initial Board
members are irrelevant.

The bill changes the quorum requirements of the Board by allowing participation in meetings through
communications media technology. The bill defines “communications media technology” as the
electronic transmission of printed matter, audio, full-motion video, freeze-frame video, compressed
video, and digital video by any method available.

Violations by Unlicensed Persons

Chapter 497, F.S., requires a license for specific death care industry practices and provides a penalty
of a second-degree misdemeanor for individuals who engage in activity requiring licensure without
possessing a license,45 though it does not include specific examples of what is considered unlicensed
practice.

Effect of the Bill

The bill specifies that a person may not be, act as, or advertise himself or herself to be a funeral
director, embalmer, or direct disposer unless he or she is licensed by DFS. The bill also specifies that a
person may not be, act as, or advertise himself or herself as a preneed sales agent46 unless currently
licensed by DFS and is appointed by a preneed main licensee, for whom they are executing preneed
contracts.

The bill increases the penalty for unlicensed activity from a second-degree misdemeanor to a third-
degree felony, punishable as provided in ss. 775.082, 775.083, or 775.084, F.S.

Funeral Director Interns

Funeral director intern licenses expire after 1 year.47 Currently, these licenses may not be renewed
except:48
 For an additional 1-year period if the funeral director in charge of the funeral director intern
training agency certifies to the licensing authority that the intern has completed at least one-half
of the course of study in mortuary science or funeral service arts; or
 By the licensing authority which may adopt rules that allow a funeral director intern to renew her
or his funeral director intern license for an additional 1-year period if the funeral director intern
demonstrates her or his failure to complete the internship before expiration of the license due to
illness, personal injury, or other substantial hardship beyond her or his reasonable control or
demonstrates that she or he has completed the requirements for licensure as a funeral director
but is awaiting the results of a licensure examination.

45 S. 497.159(6), F.S.
46 Preneed contract means “any arrangement or method, of which the provider of funeral merchandise or services has

actual knowledge, whereby any person agrees to furnish funeral merchandise or service in the future.” S. 497.005 (61),
F.S.
47 S. 497.375(4)(a), F.S.
48 S. 497.375(4)(b) and (c), F.S.
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Combination funeral director and embalmer intern licenses expire after 1 year.49 Currently, these
licenses may not be renewed except by the licensing authority which may adopt rules that allow a
combination funeral director and embalmer intern to renew her or his combination funeral director and
embalmer intern license for an additional 1 year if the combination funeral director and embalmer intern
demonstrates her or his failure to complete the internship before expiration of the license due to illness,
personal injury, or other substantial hardship beyond her or his reasonable control or demonstrates that
she or he has completed the requirements for licensure as a combination funeral director and
embalmer but is awaiting the results of a licensure examination.50

Effect of the Bill

The bill allows for a funeral director intern to continue to perform the tasks, functions, and duties related
to funeral directing after the expiration of his or her intern license and until a funeral director license is
issued or denied, or for a period of 90 days, whichever occurs sooner, if he or she has completed the
educational credentials required for a license as a funeral director and has applied for licensure.

The bill also allows for a combination funeral director and embalmer intern to continue to perform the
tasks, functions, and duties related to funeral directing and embalming after the expiration of his or her
intern license and until a combination funeral director and embalmer license is issued or denied, or for
a period of 90 days, whichever occurs sooner, if he or she has completed the educational credentials
required for a combination license as both a funeral director and embalmer and has applied for
licensure.

Preneed Contracts

A “preneed contract” is any arrangement or method, of which the provider of funeral merchandise or
service has actual knowledge, whereby any person agrees to sell funeral merchandise or service in
advance.51 Examples of burial or funeral merchandise are caskets, outer burial containers, urns,
monuments, floral arrangements, and register books, and “burial service” includes any service offered
or provided in connection with the final disposition, memorialization, interment, entombment, inurnment,
or other disposition of human remains or cremated remains.52

Any person who is paid, collects, or receives funds under a preneed contract for funeral services or
merchandise or burial services or merchandise shall deposit an amount at least equal to the sum of 70
percent of the purchase price collected for all services sold and facilities rented; 100 percent of the
purchase price collected for all cash advance items sold; and 30 percent of the purchase price
collected or 110 percent of the wholesale cost, whichever is greater, for each item of merchandise
sold.53

Currently, such deposits must be made within 30 days after the end of the calendar month in which
payment is received, under the terms of a revocable trust instrument entered into with a trust company,
with a national or state bank holding trust powers, or with a federal or state savings and loan
association holding trust powers.54

Effect of the Bill

The bill adds language to clarify that if a preneed contract has been fulfilled, the provision requiring
deposits to be made within 30 days after the end of the calendar month in which payment is received,
under the terms of a revocable trust instrument entered into with a trust company, with a national or
state bank holding trust powers, or with a federal or state savings and loan association holding trust
powers does not apply.

49 S. 497.377(2)(d)(1), F.S.
50 S. 497.377(2)(d)(2), F.S.
51 S. 497.005(61), F.S.
52 S. 497.005(7) and (9), F.S.
53 S. 497.458(1)(a), F.S.
54 S. 497.458(1)(c), F.S.
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Explosives

Chapter 552, F.S., addresses the manufacture, distribution, and use of explosives, which are regulated
by the State Fire Marshal. The current definition of a two-component explosive requires detonation to
be triggered by a No. 6 blasting cap.55 DFS asserts that No. 6 blasting caps went out of production
several years ago, and current blasting caps no longer use the same rating system.56

Effect of the Bill

The bill removes the No. 6 blasting cap specification and broadens the application to encompass any
detonator. The amendment to this subsection brings the language in line with current practices.

Fire Alarm Permit

All fire alarm system equipment in Florida is installed in accordance with the applicable standards of
the National Fire Protection Association and procedures approved by a nationally recognized testing
laboratory.57 All fire alarm systems required by the State Fire Marshal's rules shall be installed,
serviced, tested, repaired, inspected, and improved in compliance with the provisions of the applicable
standards of the National Fire Protection Association.58

Currently, contractors can only repair a fire alarm system that was previously permitted by the local
enforcement agency after filing a Uniform Fire Alarm Permit application and receiving the permit.59

Effect of the Bill

The bill allows for contractors to begin repairing fire alarm systems that were previously permitted by
the local enforcement agency after filing a Uniform Fire Alarm Permit application but before receiving
the permit. The bill provides that a fire alarm repaired under this new subsection will not be considered
compliant until the permit is issued and the local enforcement agency approves the repair.

Insurance Field Representatives and Operations

Continuing Education Requirements

Individuals licensed to engage in the sale of insurance or adjustment of insurance claims in this state
are required to fulfill continuing education requirements, pursuant to s. 626.2815, F.S. Some of the
current continuing education requirements are as follows:
 Licensees, except title insurance agents, are required to complete a 5-hour update course
every 2 years which is specific to the license held by the licensee;60
 All licensees must also complete 19 hours of elective continuing education every 2 years;61
 If a licensee has been licensed for 6 years or more, the above elective continuing education
drops to 15 hours every 2 years;62
 A licensee who has been licensed for 25 years or more and is a CLU or a CPCU or has a
Bachelor of Science degree in risk management or insurance with evidence of 18 or more
semester hours in insurance-related courses must also complete a minimum of 5 hours of
elective continuing education courses every 2 years;63

55 S. 552.081(13), F.S.
56 DFS, supra note 35.
57 S. 633.348(1)-(2), F.S.
58 S. 633.348(5), F.S.
59 S. 553.7921(1)(b), F.S.
60 S. 626.2815(3), F.S.
61 S. 626.2815(3)(a), F.S.
62 S. 626.2815(3)(b), F.S.
63 S. 626.2815(3)(c), F.S.
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 An individual who holds a license as a customer representative and who is not a licensed life or
health agent must also complete a minimum of 5 hours of continuing education courses every
2 years;64
 An individual subject to ch. 648, F.S., relating to bail bond agents, is required to complete a 5-
hour update course and a minimum of 9 hours of elective continuing education courses every 2
years.65

If an individual fails to certify their continuing education requirements, DFS may immediately terminate
or refuse to renew the appointment of an agent or adjuster after notice.66

Effect of the Bill

The bill adjusts the continuing education requirements to state the following:
 Licensees, except title insurance agents, are required to complete a 4-hour update course every
2 years which is specific to the license held by the licensee;
 All licensees must also complete 20 hours of elective continuing education every 2 years
 If a licensee has been licensed for 6 years or more, the above elective continuing education
drops to 16 hours every two years;
 A licensee who has been licensed for 25 years or more and is a CLU or a CPCU or has a
Bachelor of Science degree in risk management or insurance with evidence of 18 or more
semester hours in insurance-related courses must also complete a minimum of 6 hours of
elective continuing education courses every 2 years;
 An individual who holds a license as a customer representative and who is not a licensed life or
health agent must also complete a minimum of 6 hours of continuing education courses every 2
years;
 An individual subject to ch. 648, F.S., relating to bail bond agents, is required to complete a 4-
hour update course and a minimum of 10 hours of elective continuing education courses every
2 years.

Therefore, the bill lowers the requirement for update courses by 1 hour and increases the requirement
for elective continuing education by 1 hour. The total continuing education hourly requirement remains
the same.

Payment of Fees

No person may be, act as, or advertise or hold himself or herself out to be an insurance agent,
insurance adjuster, or customer representative unless he or she is currently licensed by the department
and appointed by an appropriate appointing entity or person.67

Currently, all initial appointments shall be submitted to DFS on a monthly basis no later than 45 days
after the date of appointment and become effective on the date requested on the appointment form.68 If
a DFS investigation into the application and qualification for an initial or renewal appointment of an
individual uncovers that the individual is improperly appointed to represent an insurer or employer due
to an inadvertent error by the insurer or employer represented, DFS may still issue the appointment
subject to a condition that all fees and taxes pursuant to ch. 624.501, F.S.,69 have been paid.70

Effect of the Bill

64 S. 626.2815(3)(d), F.S.
65 S. 626.2815(3)(e), F.S.
66 S. 626.2815(9), F.S.
67 S. 626.112(1)(a), F.S.
68 S. 626.371(1), F.S.
69 Appointment and renewal fees and taxes range from $60 for most agents to $150 for surplus lines agents.
70 S. 626.371(2), F.S.
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The bill adds that all appointments, including renewal appointments, shall be submitted to DFS on a
monthly basis no later than 45 days after the date of appointment. The bill specifies that if DFS
determines that an individual was improperly appointed due to an inadvertent error, DFS will notify the
insurer or employer of its finding and obligation to pay all fees and taxes within 21 days. If the insurer or
employer does not pay the fees and taxes within 21 days after notice, DFS shall suspend the insurer’s
or employer’s authority to appoint licensees until the fees have been paid.

After the individual is properly appointed and has paid all fees and taxes, DFS may no longer consider
the inadvertent failure to appoint to be a violation of the Florida Insurance Code. The bill clarifies other
language in this subsection.

Qualifications for Customer Representative's License

DFS shall not grant or issue a license as customer representative to any individual found by it to be
untrustworthy or incompetent, or who does not meet each of a list of qualifications.71

One of the qualifications provides that within 4 years preceding the date that the application for license
was filed with the department, the applicant must earn one of the following designations:72
 Accredited Advisor in Insurance (AAI), Associate in General Insurance (AINS), or Accredited
Customer Service Representative (ACSR) from the Insurance Institute of America;
 Certified Insurance Counselor (CIC) from the Society of Certified Insurance Service
Counselors;
 Certified Professional Service Representative (CPSR) from the National Foundation for CPSR;
 Certified Insurance Service Representative (CISR) from the Society of Certified Insurance
Service Representatives;
 Certified Insurance Representative (CIR) from All-Lines Training;
 Professional Customer Service Representative (PCSR) from the Professional Career Institute;
 Registered Customer Service Representative (RCSR) from a regionally accredited
postsecondary institution in the state whose curriculum is approved by DFS and includes
comprehensive analysis of basic property and casualty lines of insurance and testing which
demonstrates mastery of the subject; or a degree from an accredited institution of higher
learning approved by DFS when the degree includes a minimum of 9 credit hours of insurance
instruction, including specific instruction in the areas of property, casualty, and inland marine
insurance.

Effect of the Bill

The bill adds the designation of “Insurance Customer Service Representative (ICSR) from Statewide
Insurance Associates LLC” to the list of designations that will qualify a person for licensure as an
insurance agent’s customer representative.

Suspension of Title Insurance Agents

DFS may currently suspend a title insurance agent’s or agency’s license or appointment for a period
not to exceed 1 year.73 Under Florida’s Insurance Code, DFS may suspend most other insurance agent
licensees for a period not to exceed 2 years.74

Effect of the Bill

71 S. 626.7351, F.S.
72 S. 626.7351(3), F.S.
73 S. 626.8443(1), F.S.
74 S. 626.641(1), F.S.
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The bill extends the maximum length of suspension for title insurance agents to 2 years. This change
matches the treatment of other insurance agents under Florida’s Insurance Code. DFS asserts that the
longer suspension period is important to protect consumers from bad actors.75

Surplus Lines

Eligibility for Export to Surplus Lines Insurance

Surplus lines insurance is an alternative type of insurance coverage for consumers who cannot get
coverage in the standard/admitted market due to unusual or high risks.76 Exporting an insurance policy
means to place a policy with a surplus lines insurer who is not part of the standard/admitted insurance
market.77

Currently, for personal residential property risks to be exported to the surplus lines marketplace, the
retail or producing agent must advise the insured by notice in writing that they may obtain less
expensive coverage from Citizens Property Insurance Corporation (Citizens).78 The notice must include
other information that states that assessments by Citizens are higher and the coverage provided by
Citizens may be less than the property’s existing coverage.79 If the notice is signed by the insured, it is
presumed that the insured has been informed and knows that policies from Citizens may be less
expensive, may provide less coverage, and will be accompanied by higher assessments.80

Effect of the Bill

The bill removes the provision requiring retail or producing agents to advise insureds by notice that they
may obtain less expensive coverage from Citizens prior to exporting coverage to the surplus lines
market. The bill also removes the notice requirements and the insured’s informed presumption.

Exporting Flood Insurance Coverage

As a condition for exporting insurance coverage to the surplus lines marketplace, the full amount of
insurance required must not be procurable, after a diligent effort has been made by the producing
agent to do so, from among the insurers authorized to transact and actually writing that kind and class
of insurance in this state, and the amount of insurance exported shall be only the excess over the
amount so procurable from authorized insurers.81

In 2014, the Legislature created s. 627.715, F.S., which provided a regulatory framework for admitted
insurers to write personal lines residential flood coverage. The bill also allowed a surplus lines agent to
export a contract or endorsement providing flood coverage to an eligible surplus lines insurer without
making a diligent effort to seek coverage from three or more authorized insurers.82 The bill provided
that the exemption to the diligent effort requirement expired on July 1, 2017. In 2017, the Legislature
extended the exemption until July 1, 2019, or earlier if the Office of Insurance Regulation determined
there was an adequate flood insurance market among admitted insurers.83 The exemption expired on
July 1, 2019.

Effect of the Bill

75 DFS, supra note 35.
76 Department of Financial Services, Florida Surplus Lines Office, Understanding Florida’s Excess and Surplus Market,

https://www.myfloridacfo.com/division/consumers/understandingcoverage/guides/documents/SurplusLinesConsumerBroc
hure.pdf (last visited Mar. 12, 2021).
77 Id.; s. 626.914(3), F.S.
78 S. 626.916(1)(e), F.S.
79 Id.
80 Id.
81 S. 626.916(1)(a), F.S.
82 Ch. 2014-80, Laws of Fla.
83 Ch. 2017-142, Laws of Fla.
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The bill reinstates the exemption to provide that a surplus lines agent is able to export a contract or an
endorsement providing flood coverage to an eligible surplus lines insurer without making a diligent
effort to seek coverage from three or more authorized insurers. The bill does not include an expiration
date for the exemption.

Protecting Proprietary Business Information

The replacement cost value for a home is the cost to rebuild the home or repair damages using
materials of a like kind and quality; it is different from the home’s market value, which includes the price
of land and depends on the real estate market.84 In order to calculate the replacement cost value of a
home, insurers use a replacement cost estimator. Such estimators range in sophistication from
considering only a few questions about the home and then providing a bare-bones estimate to a more
in-depth approach that considers various components the way a contractor builds a home, from the
ground up, taking into account all the individual characteristics of each unique home.85

DFS asserts that many lenders require the replacement cost estimator or other proprietary business
information belonging to the insurer underwriting the insurance policy as a condition precedent or
condition subsequent to the lending of money or extension of credit to be secured by the real
property.86 DFS also asserts that this has caused issues between the insurance, lending, and real
estate industries where the proprietary business information of the insurers is used by lenders for
reasons outside the scope of the insurance policy.87

Effect of the Bill

The bill prohibits a person from requiring an insurance agent or agency to provide the replacement cost
estimator or other proprietary underwriting information of an insurer as a condition precedent or
condition subsequent to lending money or extending credit secured by real property, nor may an
insurance agent or agency provide this information.

Fire Prevention and Control

The CFO is designated as the State Fire Marshal.88 The State Fire Marshal has authority to adopt
rules which must be in substantial conformity with generally accepted standards of firesafety; must
take into consideration the direct supervision of children in nonresidential child care facilities; and must
balance and temper the need of the State Fire Marshal to protect all Floridians from fire hazards with
the social and economic inconveniences that may be caused or created by the rules.89

The State Fire Marshal shall enforce all laws of ch. 633, F.S. and any rules relating to:90
 The prevention of fire and explosion through the regulation of conditions which could cause fire
or explosion, the spread of fire, and panic resulting therefrom;
 Installation and maintenance of fire alarm systems and fire protection systems, including fire
suppression systems, fire-extinguishing equipment, and fire sprinkler systems;
 Servicing, repairing, recharging, testing, marking, inspecting, installing, maintaining, and
tagging of fire extinguishers, preengineered systems, and individually designed fire protection
systems;

84 National Association of Insurance Coverage, A Shopping Tool for Homeowners Insurance,

https://www.naic.org/documents/committees_c_trans_read_wg_related_shopping_tool_singles.pdf (last visited Apr. 12,
2021).
85 International Risk Management Institute, Personal Lines Insurance Coverage Gaps: Analysis and Resolution,

https://www.irmi.com/docs/default-source/authoritative-reports/insights/personal-lines-insurance-coverage-
gaps.pdf?sfvrsn=10 (last visited Apr. 12, 2021).
86 DFS, supra note 35.
87 Id.
88 S. 633.104(1), F.S.
89 Id.
90 S. 633.104(2), F.S.
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 The training and licensing of persons engaged in the business of servicing, repairing,
recharging, testing, marking, inspecting, installing, maintaining, and tagging fire extinguishers,
preengineered systems, and individually designed fire protection systems;
 The maintenance of fire cause and loss records; and
 The suppression of arson and the investigation of the cause, origin, and circumstances of fire.

The Division of State Fire Marshal (Division) is comprised of the Bureau of Fire Prevention and the
Bureau of Fire Standards and Training. Among other duties, the Division shall establish by rule,
uniform minimum standards for the training of firefighters and volunteer firefighters.91

Fire Sprinkler Systems

Chapter 633, F.S., defines five different classifications of contractors for purposes of fire prevention and
control:
 “Contractor I” means a contractor whose business includes the execution of contracts requiring
the ability to lay out, fabricate, install, inspect, alter, repair, and service all types of fire protection
systems, excluding preengineered systems.92
 “Contractor II” means a contractor whose business is limited to the execution of contracts
requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service water sprinkler
systems, water spray systems, foam-water sprinkler systems, foam-water spray systems,
standpipes, combination standpipes and sprinkler risers, all piping that is an integral part of the
system beginning at the point of service as defined in this section, sprinkler tank heaters, air
lines, thermal systems used in connection with sprinklers, and tanks and pumps connected
thereto, excluding preengineered systems.93
 “Contractor III” means a contractor whose business is limited to the execution of contracts
requiring the ability to fabricate, install, inspect, alter, repair, and service carbon dioxide
systems, foam extinguishing systems, dry chemical systems, and Halon and other chemical
systems, excluding preengineered systems.94
 “Contractor IV” means a contractor whose business is limited to the execution of contracts
requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service automatic fire
sprinkler systems for detached one-family dwellings, detached two-family dwellings, and mobile
homes, excluding preengineered systems and excluding single-family homes in cluster units,
such as apartments, condominiums, and assisted living facilities or any building that is
connected to other dwellings. A Contractor IV is limited to the scope of practice specified in
NFPA 13D.95
 “Contractor V” means a contractor whose business is limited to the execution of contracts
requiring the ability to fabricate, install, inspect, alter, repair, and service the underground piping
for a fire protection system using water as the extinguishing agent beginning at the point of
service as defined in this act and ending no more than 1 foot above the finished floor.96

Currently, a person certified as a Contractor I, Contractor II, or Contractor IV may design fire protection
systems of 49 or fewer sprinklers and may design the alteration of an existing fire sprinkler system if the
alteration consists of the relocation, addition, or deletion of not more than 49 sprinklers, notwithstanding
the size of the existing fire sprinkler system.97

Currently, a person certified as a Contractor I, Contractor II, or Contractor IV may only design a fire
protection system, the scope of which complies with NFPA 13D, "Standard for the Installation of

91 S. 633.128(1)(a), F.S.
92 S. 633.102(3)(a), F.S.
93 S. 633.102(3)(b), F.S.
94 S. 633.102(3)(c), F.S.
95 S. 633.102(3)(d), F.S.
96 S. 633.102(3)(e), F.S.
97 S. 633.102, F.S.
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Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes," as adopted by the
State Fire Marshal, notwithstanding the number of fire sprinklers.98

Effect of the Bill

The bill removes Contractor IV from being able to design fire protection systems of 49 or fewer
sprinklers and from being able to design the alteration of an existing fire sprinkler system if the
alteration consists of the relocation, addition, or deletion of not more than 49 sprinklers, notwithstanding
the size of the existing fire sprinkler system.

The bill adds that a person certified as a Contractor I, Contractor II may also design the alteration of an
existing fire sprinkler system if the alteration consists of the relocation or deletion of 249 or fewer
sprinklers, notwithstanding the size of the existing fire sprinkler system, if:
 there is no change of occupancy, as defined in the Florida Building Code and the Florida Fire
Prevention Code, of the affected areas,
 there is no change in the water demand as defined in NFPA 13, "Standard for the Installation of
Sprinkler Systems," and
 the occupancy hazard classification as defined in NFPA 13 is reduced or remains the same as a
result of the alteration.

The bill provides that any conflicts between the Florida Building Code and the Florida Fire Prevention
Code shall be resolved by agreement between the Florida Building Commission and the State Fire
Marshal in favor of the requirement that offers the greatest degree of lifesafety or alternatives that
would provide an equivalent degree of lifesafety and an equivalent method of construction.99 If the
commission and State Fire Marshal are unable to agree on a resolution, the question shall be referred
to a mediator, mutually agreeable to both parties, to resolve the conflict in favor of the provision that
offers the greatest lifesafety, or alternatives that would provide an equivalent degree of lifesafety and
an equivalent method of construction.100

The bill also adds that a person certified as a Contractor I, Contractor II, or Contractor IV may not only
design but adds that they may alter a fire protection system, the scope of which complies with NFPA
13D, "Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and
Manufactured Homes," as adopted by the State Fire Marshal, notwithstanding the number of fire
sprinklers.

The Fire and Emergency Incident Information Reporting Program

In 2005, the Florida Legislature created s. 633.115, F.S.101 to establish the Fire and Emergency
Incident Information Reporting Program (FEIIRP).102 The new statutory language also created the Fire
and Emergency Incident Information Technical Advisory Panel (Panel).103 This section also included
codifying language for the Florida Fire Incident Reporting System (FFIRS) which is and has been the
Florida coordinating officer for the National Fire Incident Reporting Section (NFIRS).104 FFIRS is a
means for fire departments to report and maintain computerized records of fires and other fire
department incidents in a uniform manner.105

98 Id.
99 S. 553.73(1)(d), F.S.
100 Id.
101 S. 633.115, F.S., was transferred and renumbered as s. 633.136, F.S., in 2013. Ch. 2013-183, Laws of Fla.
102 Ch. 2005-117, Laws of Fla.; see also Department of Financial Services, Division of State Fire Marshal, Florida Fire and

Incident Reporting System, https://www.myfloridacfo.com/Division/SFM/FFIRS/ (last visited Mar. 12, 2021).
103 Id.; S. 633.136(2), F.S.
104 Id.
105 Id.
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The Panel is tasked with advising, reviewing, and making recommendations to the State Fire Marshal
with respect to the requirements of s. 633.136.106 The Panel currently consists of 15 members:107
 The 13 members of Firefighters Employment, Standards, and Training Council (Council);
 One member from the Florida Forest Service of the Department of Agriculture and Consumer
Services; and
 One member from the Department of Health, appointed by the State Surgeon General.

The Firefighters Employment, Standards, and Training Council is currently composed of the following
14 members:108
 Two fire chiefs appointed by the Florida Fire Chiefs Association;
 Two firefighters, who are not officers, appointed by the Florida Professional Firefighters
Association;
 Two firefighter officers, who are not fire chiefs, appointed by the State Fire Marshal;
 One individual appointed by the Florida League of Cities;
 One individual appointed by the Florida Association of Counties;
 One individual appointed by the Florida Association of Special Districts;
 One individual appointed by the Florida Fire Marshals' and Inspectors' Association;
 One employee of the Florida Forest Service of the Department of Agriculture and Consumer
Services appointed by the director of the Florida Forest Service;
 One individual appointed by the State Fire Marshal;
 One director or instructor of a state-certified firefighting training facility appointed by the State
Fire Marshal; and
 The remaining member, who shall be appointed by the State Fire Marshal, may not be a
member or representative of the firefighting profession or of any local government.

The Panel and the Council have nearly the same membership and meet at the same time and place.109

Effect of the Bill

The bill replaces the term “fire protection agencies” with “fire service providers” to match the definition
in s. 633.102, F.S. “Fire service provider” is defined as a municipality or county, the state, the Division,
or any political subdivision of the state, including authorities and special districts, that employs
firefighters or uses volunteer firefighters to provide fire extinguishment or fire prevention services for the
protection of life and property. The term includes any organization under contract or other agreement
with such entity to provide such services.

The bill adds one member to the Council, an individual from the Department of Health, appointed by the
Surgeon General. The bill also reduces the composition of the Panel from two members from the
Florida Fire Service to one member, thus making the membership of the Panel and the Council
identical.

The Panel references to one member from the Florida Forest Service and one member from the
Department of Health are deleted, leaving the Panel membership to include only the newly revised 15
member Council.

106 S. 633.136(2), F.S.
107 Id.
108 S. 633.402(1)(a), F.S.
109 DFS, supra note 35.
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Florida Fire Prevention Code

The Florida Fire Prevention Code (FFPC) is administered by the State Fire Marshal under DFS.110
FFPC is the minimum fire prevention code deemed adopted by each municipality, county, and special
district with firesafety responsibilities.111 State law requires each municipality, county, and special
district with firesafety responsibilities to adopt the FFPC.112

The authority having jurisdiction (local fire authorities) shall determine the minimum radio signal
strength for fire department communications in all new high-rise and existing high-rise buildings.113

Currently, existing high-rise buildings are not required to comply with minimum radio strength for fire
department communications and two-way radio system enhancement communications as required by
the Florida Fire Prevention Code until January 1, 2022.114 By December 31, 2019, an existing high-rise
building that was not in compliance with the requirements for minimum radio strength for fire
department communications must have applied for an appropriate permit for the required installation
with the local government agency having jurisdiction and must have demonstrated that the building will
have become compliant by January 1, 2022.115 Existing apartment buildings are required to apply for
the appropriate permit for the required communications installation by December 31, 2022.116

Effect of the Bill

The bill extends the deadline by which existing high-rise buildings are required to comply with minimum
radio strength for fire department communications and two-way radio system enhancement
communications as required by the Florida Fire Prevention Code until January 1, 2023.

The bill also reinstates the expired provision and modifies it so that by January 1, 2022, an existing
high-rise building that is not in compliance with the requirements for minimum radio strength for fire
department communications must have completed a minimum radio strength assessment for the
required installation with the local government agency having jurisdiction and must demonstrate that
the building will become compliant by January 1, 2023.

The bill also modifies the provision for existing apartment buildings in the same way so that rather than
being required to simply apply for the appropriate permit by December 31, 2022, they must have
completed a minimum radio strength assessment.

Influencing a Firesafety Inspector

Each county, municipality, and special district that has firesafety enforcement responsibilities is
required to employ or contract with a firesafety inspector.117 However, the State Fire Marshal (SFM)
shall assume the duties of a firesafety inspector in any county, municipality, or special district that
does not employ or appoint a firesafety inspector.118 Subject to certain exceptions, the firesafety
inspector is responsible for conducting all firesafety inspections required by law.119 Some of the
responsibilities of the firesafety inspector include conducting firesafety inspections of buildings and
facilities on a recurring or regular basis on behalf of the state or any county, municipality, or special
district with fire safety responsibilities.120

110 R. 69A, F.A.C.
111 R. 69A-60.002(1), F.A.C.
112 S. 633.208, F.S.
113 S. 633.202(18), F.S.
114 Id.
115 Id.
116 Id.
117 S. 633.216(1), F.S.
118 S. 633.104(7), F.S.
119 Id.
120 S. 633.102(12), F.S.
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Current law provides that a person who violates any provision of ch. 633, F.S., any order or rule of the
SFM, or any order to cease and desist or to correct conditions issued under this chapter commits a
misdemeanor of the second degree.121 However, ch. 633, F.S., does not have any provision
prohibiting a person from influencing a firesafety inspector to violate any provision of the Florida Fire
Prevention Code nor from a firesafety inspector accepting such influence.

Effect of the Bill

The bill creates a new section of law that prohibits any person from influencing a firesafety inspector by
threatening, coercing, tricking, or attempting to threaten, coerce, or trick a firesafety inspector into
violating the Florida Fire Prevention Code, rules adopted by the SFM, or any provision of ch. 633, F.S.
It also prohibits any person from offering compensation to a firesafety inspector related to committing
such violations.

Additionally, the bill prohibits a firesafety inspector from knowingly and intentionally requesting,
soliciting, accepting, or agreeing to accept compensation to induce the inspector to violate the Florida
Fire Prevention Code adopted by the SFM.

A violation by a firesafety inspector of this new provision allows the SFM to deny, refuse to renew,
suspend, or revoke a firesafety inspector’s certificate.122 Moreover, any person who violates the bill’s
new provisions commits a misdemeanor of the second degree.123

Fire Equipment Dealers

It is unlawful for any organization or individual to engage in the business of servicing, repairing,
recharging, testing, marking, inspecting, installing, or hydrotesting any fire extinguisher or
preengineered system in this state except in conformity with ch. 633, F.S.124 Each organization or
individual that engages in such activity must possess a valid and subsisting license issued by the
Division.125

Currently, a license of any class may not be issued or renewed by the Division and a license of any
class does not remain operative unless the applicant successfully completes a prescribed training
course offered by the State Fire College or an equivalent course approved by the State Fire Marshal.126

Effect of the Bill

The bill provides that the prescribed training course must include both written and practical training
approved by the State Fire Marshal. This adds specificity to the type of course that the applicant must
complete. The State Fire College may offer, but is not required to offer, such training courses.

Volunteer Firefighter Service

The National Fire Prevention Association estimates that there were 1,115,000 career and volunteer
firefighters in the United States in 2018.127 Of the total number of firefighters, 370,000 (33%) were
career firefighters and 745,000 (67%) were volunteer firefighters.128

121 S. 633.124(1), F.S
122 S. 633.216(6)(b), F.S.
123 S. 633.124(1), F.S.
124 S. 633.304(1), F.S.
125 Id.
126 S. 633.304(4)(d)(4), F.S.
127 National Fire Prevention Association, US Fire Department Profile 2018, https://www.nfpa.org/-/media/Files/News-and-

Research/Fire-statistics-and-reports/Emergency-responders/osfdprofile.pdf (last visited Mar. 12, 2021).
128 Id.
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Florida has 465 registered fire departments.129 Approximately 46 percent of Florida firefighters are
identified as volunteer or mostly volunteer, while the remainder are identified as career or mostly
career.130

Volunteer firefighters are required to obtain a Firefighter Certificate of Completion through training.131
With this certificate, they may enter into immediately dangerous to life and health (IDLH) environments
along with career firefighters. Volunteer firefighters may become career firefighters if they complete a
Certificate of Compliance.132 Currently, if a volunteer firefighter chooses to become a career firefighter,
he or she is no longer able to enter an IDLH environment while completing the Certificate of
Compliance.

Effect of the Bill

The bill allows volunteer firefighters who are in transition to become career firefighters to function in the
same capacity in which they acted as volunteer firefighters. The period for which they remain
volunteers cannot extend beyond 1 year, collectively or consecutively.

A volunteer firefighter in transition must hold a Certificate of Completion with a fire service provider and
subsequently be employed as a regular or permanent firefighter. The volunteer firefighter in transition
must be under the direct supervision of an individual holding a valid firefighter Certificate of
Compliance.

DFS asserts that this change would improve rural and small agency recruitment of firefighters by
allowing them to focus on hiring from local candidates who are more inclined to remain in the area
instead of hiring candidates from elsewhere in the state who are inclined to return to their home
communities once gaining some experience.133

Bail Bond Agents

Currently, a person may not act as a bail bond agent or temporary bail bond agent unless qualified,
licensed, and appointed.134 A person may also not represent himself or herself to be a bail
enforcement agent, bounty hunter, or other similar title, and a person, other than a certified law
enforcement officer, may not apprehend, detain, or arrest a principal on a bond unless qualified,
licensed, and appointed.135

Any person who acts as a bail bond agent or as otherwise described above, commits a felony of the
third degree.136 The law, however, does not currently provide a penalty for a licensee aiding or
abetting an unlicensed person who acts as a bail bond agent or as otherwise described above.

Effect of the Bill

The bill provides that any licensee who knowingly aids or abets an unlicensed person in acting as a bail
bond agent or otherwise violating s. 648.30, F.S., commits a third-degree felony.

False Personation

Section 843.08, F.S., provides that a person who falsely assumes or pretends to be any officer
identified in a specific list commits a felony of the third degree. A person who falsely personates any

129 U.S. Fire Administration, National Fire Department Registry Quick Facts, https://apps.usfa.fema.gov/registry/summary

(last visited Mar. 12, 2021).
130 Id.
131 S. 633.408, F.S.
132 S. 633.102(9), F.S.
133 DFS, supra note 35.
134 S. 648.30(1), F.S.
135 S. 648.30(2) and (3), F.S.
136 S. 648.30(4), F.S.
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such officer during the course of the commission of a felony commits a felony of the second degree,
and if the commission of the felony results in the death or personal injury of another human being, the
person commits a felony of the first degree.137

Current law prohibits personation of a fire or arson investigator of DFS and any officer of DFS but does
not prohibit personation of other DFS investigators or personnel.

Effect of the Bill

The bill removes the provision related to personating a DFS fire or arson investigator and makes it a
felony offense for falsely assuming or pretending to be any personnel or representative of the Division
of Investigative and Forensic Services.

B. SECTION DIRECTORY:
Section 1: Amends s. 20.121, F.S., relating to the Department of Financial Services.

Section 2: Amends s. 284.30, F.S., relating to State Risk Management Trust Fund; coverages to be
provided.

Section 3: Amends s. 284.31, F.S., relating to scope and types of coverage; separate accounts.

Section 4: Amends s. 284.385, F.S., relating to reporting and handling of claims.

Section 5: Creates s. 284.45, F.S., relating to sexual harassment victims.

Section 6: Amends s. 497.101, F.S., relating to Board of Funeral, Cemetery, and Consumer Services;
membership; appointment; terms.

Section 7: Amends s. 497.157, F.S., relating to unlicensed practice; remedies concerning violations by
unlicensed persons.

Section 8: Amends s. 497.159, F.S., relating to crimes.

Section 9: Amends s. 497.375, F.S., relating to funeral directing, licensure of a funeral director intern.

Section 10: Amends s. 497.377, F.S., relating to combination funeral directors and embalmers;
internships.

Section 11: Amends s. 497.458, F.S. relating to disposition of proceeds received on contracts.

Section 12: Amends s. 552.081, F.S., relating to definitions.

Section 13: Amends s. 553.7921, F.S., relating to fire alarm permit application to local enforcement
agency.

Section 14: Amends s. 626.2815, F.S., relating to continuing education requirements.

Section 15: Amends s. 626.371, F.S., relating to payment of fees, taxes for appointment period without
appointment.

Section 16: Amends s. 626.7351, F.S., relating to qualifications for customer representative’s license.

Section 17: Amends s. 626.8443, F.S., relating to duration of suspension or revocation.

Section 18: Amends s. 626.916, F.S., relating to eligibility for export.

137 S. 843.08, F.S.
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Section 19: Amends s. 626.9551, F.S., relating to favored agent or insurer; coercion of debtors.

Section 20: Amends s. 627.715, F.S., relating to flood insurance.

Section 21: Amends s. 633.102, F.S., relating to definitions.

Section 22: Amends s. 633.136, F.S., relating to the fire and emergency incident information reporting
program; duties; fire reports.

Section 23: Amends s. 633.202, F.S., relating to the Florida Fire Prevention Code.

Section 24: Creates 633.217, F.S., relating to influencing a firesafety inspector; prohibited acts.

Section 25: Amends 633.304, F.S., relating to fire suppression equipment; license to install or maintain.

Section 26: Amends s. 633.402, F.S., relating to the Firefighters Employment, Standards, and Training
Council; organization; meetings; quorum; compensation; seal; special powers; firefighter
training.

Section 27: Amends s. 633.416, F.S., relating to firefighter employment and volunteer firefighter
service; saving clause.

Section 28: Amends s. 648.30, F.S., relating to licensure and appointment required.

Section 29: Amends s. 843.08, F.S., relating to false personation.

Section 30: Amends s. 943.045, F.S., relating to definitions, ss. 943.045-943.08, F.S.

Section 31: Provides an effective date of July 1, 2021, except as otherwise provided.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
The changes to s. 284.30, F.S., have an indeterminate fiscal impact on the SRMTF administered by
DFS. Cancer-related benefits entitled to state firefighters through their employing agency under s.
112.1816(2), F.S., would be paid from the SRMTF rather than the employing state agency. The
Division of Risk Management estimates the total annual cost will not exceed $100,000 if the number
of claims averages two per year.138 Although the number and cost of annual claims is unknown, any
fiscal impact on the SRMTF can be absorbed within existing resources. The cost of the firefighter
cancer coverage would likely be passed on to the employing state agency the following year as a
part of their respective risk management premiums.

Since the enactment of s. 112.1816, F.S., in 2019, the Department of Agriculture and Consumer
Services, which houses the majority of state-employed firefighters, has received two (2) claims for
these firefighter cancer benefits.139 The long-term fiscal impact on the SRMTF is indeterminate until
additional claims data is collected.

138 DFS, supra note 11, at 11.
139 DFS, supra note 11, at 6.
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Changes in the bill would require the Division of Insurance Agent and Agency Services to make
minor modifications to its systems to create a tool for enabling or disabling the ability of a party to
appoint licensees. The costs of these changes can be absorbed within existing appropriations.140

The Criminal Justice Impact Conference considered the bill on March 24, 2021, and determined the
changes related to bail bond agents in section 28 and false personation in section 29 would have a
positive insignificant141 impact on the prison population.142 Per the Florida Department of Law
Enforcement, there were no arrests for providing funeral services without a license in either fiscal
year 2018-19 or 2019-20. Per the Department of Corrections, there were no new commitments to
prison for unlicensed bail bond agent violations in either fiscal year 2018-19 or 2019-20. There
were three new commitments in fiscal year 2018-19 and one new commitment in fiscal year 2019-
20 for false personation violations under s. 843.08, F.S.143

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive, but indeterminable, fiscal impact on the private sector.

D. FISCAL COMMENTS:
DFS indicated that establishing the Division of Public Assistance Fraud (DPAF) as a criminal justice
agency has no fiscal impact. All DPAF staff are currently non-sworn positions; the criminal justice
agency designation will not affect personnel or staffing.144 Therefore, this section of the bill has no fiscal
impact on DPAF.

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

140 Id.
141 Positive insignificant impact indicates a potential increase of 10 or fewer prison beds.
142 Criminal Justice Impact Conference, CS/HB 1209 – Department of Financial Services, Mar. 24, 2021,

http://edr.state.fl.us/Content/conferences/criminaljusticeimpact/Agenda.pdf last accessed: Apr. 1, 2021.
143 Id.
144 Email from Meredith Stanfield, Director of Legislative and Cabinet Affairs, Department of Financial Services, RE:

CS/HB 1209 (Mar. 25, 2021).
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C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill modifies the continuing education requirements of individuals licensed to engage in the sale of
insurance or adjustment of insurance claims under s. 626.2815(3), F.S., from a 5-hour update course
and 19 hours of elective courses every 2 years to a 4-hour update course and 20 hours of elective
courses every 2 years. The previous five-hour update course and 19 hours of elective courses
requirement remains referenced in s. 626.2815(7)(i), F.S. This reference requires a modification to
conform with the new statutory language in the bill.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 17, 2021, the Insurance & Banking Subcommittee considered three amendments and one
amendment to an amendment, which were adopted, and reported the bill favorably as a committee substitute.
The committee substitute makes the following changes to the bill:

Funeral, Cemetery, and Consumer Services (FCCS)
 Removes language decreasing the number of members required for the Board of Funeral, Cemetery,
and Consumer Services (FCCS) to satisfy quorum for conducting business. Restores current law
requiring six of the 10 members to satisfy quorum.
 Removes language involving permanent and temporary bars to FCCS licensure based upon an
applicant’s criminal history.
 Removes language expanding the criminal history disclosure requirements for an applicant for FCCS
licensure.
 Allows licensed funeral director interns meeting specified requirements to continue performing as an
intern pending licensure approval.
 Allows licensed combination funeral director and embalmer interns meeting specified requirements to
continue performing as an intern pending licensure approval.
 Clarifies that if a preneed contract has been fulfilled, then certain deposit requirements related the
proceeds received on contracts do not apply.

Insurance Field Representatives and Operations
 Makes technical changes to add the word “taxes” for consistent use in provisions related to an insurer’s
or employer’s payment of all “fees and taxes” for insurance representative appointments.
 Adds the designation of “Insurance Customer Service Representative from Statewide Insurance
Associates LLC” to the list of designations that will qualify a person for licensure as an insurance
agent’s customer representative.

Protecting Proprietary Business Information
 Clarifies language involving the protection of insurer proprietary business information related to the
replacement cost estimator or other underwriting information of an insurer underwriting an insurance
policy covering real property.

Fire Prevention and Control
 Clarifies language of a new provision prohibiting the influencing of a firesafety inspector.
 Changes a qualification for a license or permit to install and maintain fire suppression equipment by
requiring applicants to complete a training course that includes written and practical training and is
specifically applicable to the class of license or permit sought. Additionally, the amendment allows
training courses that are approved by the State Fire Marshal, regardless of whether such training
courses are offered by the State Fire College.

On April 7, 2021, the State Administration & Technology Appropriations Subcommittee adopted one
amendment and reported the bill favorably as a committee substitute. The amendment clarifies that only
firefighters employed by a state agency or department may receive cancer-related benefits payable from the
SRMTF.

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The staff analysis is drafted to reflect the committee substitute, as adopted by the State Administration &
Technology Appropriations 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/CS/HB 1209 2021

1 A bill to be entitled
2 An act relating to the Department of Financial
3 Services; amending s. 20.121, F.S.; specifying powers
4 and duties of the Division of Public Assistance Fraud;
5 amending s. 284.30, F.S.; requiring the State Risk
6 Management Trust Fund to provide insurance for certain
7 firefighter cancer-related benefits; making technical
8 changes; amending s. 284.31, F.S.; requiring the
9 Insurance Risk Management Trust Fund to provide a
10 separate account for certain firefighter cancer-
11 related benefits; making technical changes; amending
12 s. 284.385, F.S.; specifying conditions that must be
13 met before certain firefighter cancer-related benefits
14 may be paid from the State Risk Management Trust Fund;
15 making technical changes; creating s. 284.45, F.S.;
16 prohibiting individuals working for entities covered
17 by the State Risk Management Trust Fund from engaging
18 in retaliatory conduct against sexual harassment
19 victims; defining the term "sexual harassment victim";
20 specifying a criminal penalty for the willful and
21 knowing dissemination of a sexual harassment victim's
22 personal identifying information, except under certain
23 circumstances; amending s. 497.101, F.S.; revising
24 membership and terms of the Board of Funeral,
25 Cemetery, and Consumer Services within the Department

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26 of Financial Services; authorizing the use of
27 communications media technology for board member
28 participation; defining the term "communications media
29 technology"; deleting a requirement for the department
30 to adopt certain rules; amending s. 497.157, F.S.;
31 prohibiting unlicensed persons from acting as or
32 advertising themselves as funeral directors,
33 embalmers, direct disposers, or preneed sales agents
34 unless they are so licensed; providing penalties;
35 amending s. 497.159, F.S.; conforming a provision to
36 changes made by the act; amending s. 497.375, F.S.;
37 authorizing licensed funeral director interns to
38 continue performing certain tasks while transitioning
39 to licensed funeral directors; amending s. 497.377,
40 F.S.; authorizing licensed combination funeral
41 director and embalmer interns to continue performing
42 certain tasks while transitioning to licensed
43 combination funeral director and embalmers; amending
44 s. 497.458, F.S.; specifying that certain deposits
45 under preneed contracts for funeral services or
46 merchandise or burial services or merchandise must be
47 made unless the preneed contracts have been fulfilled;
48 amending s. 552.081, F.S.; revising the definition of
49 the term "two-component explosives" for the purpose of
50 regulation by the Division of State Fire Marshal;

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51 amending s. 553.7921, F.S.; authorizing a contractor
52 repairing certain existing fire alarm systems to begin
53 work after filing an application for a required permit
54 but before receiving the permit; providing
55 construction; amending s. 626.2815, F.S.; revising
56 continuing education requirements for certain persons
57 licensed to solicit, sell, or adjust insurance;
58 amending s. 626.371, F.S.; requiring submission of
59 renewal appointments of certain insurance
60 representatives within a certain timeframe; requiring
61 the department to notify certain insurers or employers
62 regarding inadvertent failures to appoint; requiring
63 insurers and employers to pay certain fees and taxes
64 within a certain timeframe; authorizing the department
65 to issue appointments under certain circumstances;
66 prohibiting the department from considering
67 inadvertent failures to appoint to be violations under
68 certain circumstances; requiring the department to
69 suspend an insurer's or employer's authority to
70 appoint licensees under certain circumstances;
71 amending s. 626.7351, F.S.; revising the
72 qualifications for customer representative licenses;
73 amending s. 626.8443, F.S.; increasing the maximum
74 period of suspension of a title insurance agent's or
75 agency's license; making technical changes; amending

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76 s. 626.916, F.S.; deleting a requirement for agents to
77 advise insureds that certain coverage may be available
78 for personal residential property risks to be eligible
79 for export under the Surplus Lines Law; amending s.
80 626.9551, F.S.; prohibiting requirements for the
81 provision of replacement cost estimators or certain
82 other proprietary business information under certain
83 circumstances; amending s. 627.715, F.S.; providing an
84 exemption from a diligent effort requirement for
85 surplus lines agents exporting contracts or
86 endorsements providing flood coverage; amending s.
87 633.102, F.S.; revising the authority of certain fire
88 protection system contractors to design or alter
89 certain fire protection systems; providing for
90 resolution of conflicts between the Florida Building
91 Code and the Florida Fire Prevention Code; amending s.
92 633.136, F.S.; replacing fire protection agencies in
93 the Fire and Emergency Incident Information Reporting
94 Program with fire service providers; revising the
95 composition of the Fire and Emergency Incident
96 Information System Technical Advisory Panel; defining
97 the term "fire service provider"; amending s. 633.202,
98 F.S.; extending a deadline for certain buildings to
99 comply with a minimum radio signal strength
100 requirement under the Florida Fire Prevention Code;

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101 requiring such buildings to meet certain conditions by
102 a specified date; revising a condition that existing
103 apartment buildings must meet by a specified date;
104 making technical changes; creating s. 633.217, F.S.;
105 prohibiting certain acts to influence a firesafety
106 inspector to violate certain laws; prohibiting a
107 firesafety inspector from knowingly and intentionally
108 requesting, soliciting, accepting, or agreeing to
109 accept compensation offered to induce a violation of
110 certain codes, rules, or laws; amending s. 633.304,
111 F.S.; revising the training requirements for licenses
112 and permits to install or maintain fire suppression
113 equipment; amending s. 633.402, F.S.; revising the
114 composition of the Firefighters Employment, Standards,
115 and Training Council; amending s. 633.416, F.S.;
116 providing that certain persons serving as volunteer
117 firefighters may serve as regular or permanent
118 firefighters for a limited period, subject to certain
119 restrictions; amending s. 648.30, F.S.; prohibiting
120 the aiding or abetting of unlicensed activity of a
121 bail bond agent or temporary bail bond agent;
122 providing criminal penalties; amending s. 843.08,
123 F.S.; prohibiting false personation of personnel or
124 representatives of the Division of Investigative and
125 Forensic Services; amending s. 943.045, F.S.; revising

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126 the definition of the term "criminal justice agency"
127 to include the investigations component of the
128 department which investigates certain crimes;
129 providing effective dates.
130
131 Be It Enacted by the Legislature of the State of Florida:
132
133 Section 1. Paragraph (f) of subsection (2) of section
134 20.121, Florida Statutes, is amended to read:
135 20.121 Department of Financial Services.—There is created
136 a Department of Financial Services.
137 (2) DIVISIONS.—The Department of Financial Services shall
138 consist of the following divisions and office:
139 (f) The Division of Public Assistance Fraud, which shall
140 function as a criminal justice agency for purposes of ss.
141 943.045-943.08. The division shall conduct investigations
142 pursuant to s. 414.411 within or outside of the state as it
143 deems necessary. If, during an investigation, the division has
144 reason to believe that any criminal law of the state has or may
145 have been violated, it shall refer any records supporting such
146 violation to state or federal law enforcement or prosecutorial
147 agencies and shall provide investigative assistance to those
148 agencies as required.
149 Section 2. Section 284.30, Florida Statutes, is amended to
150 read:

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151 284.30 State Risk Management Trust Fund; coverages to be
152 provided.—A state self-insurance fund, designated as the "State
153 Risk Management Trust Fund," is created to be set up by the
154 Department of Financial Services and administered with a program
155 of risk management, which fund is to provide insurance, as
156 authorized by s. 284.33, for workers' compensation, general
157 liability, fleet automotive liability, federal civil rights
158 actions under 42 U.S.C. s. 1983 or similar federal statutes,
159 benefits payable under s. 112.1816(2), to an employee of a state
160 agency or department covered under s. 284.31, and court-awarded
161 attorney attorney's fees in other proceedings against the state
162 except for such awards in eminent domain or for inverse
163 condemnation or for awards by the Public Employees Relations
164 Commission. A party to a suit in any court, to be entitled to
165 have his or her attorney attorney's fees paid by the state or
166 any of its agencies, must serve a copy of the pleading claiming
167 the fees on the Department of Financial Services; and thereafter
168 the department shall be entitled to participate with the agency
169 in the defense of the suit and any appeal thereof with respect
170 to such fees.
171 Section 3. Section 284.31, Florida Statutes, is amended to
172 read:
173 284.31 Scope and types of coverages; separate accounts.—
174 The Insurance Risk Management Trust Fund must shall, unless
175 specifically excluded by the Department of Financial Services,

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176 cover all departments of the State of Florida and their
177 employees, agents, and volunteers and must shall provide
178 separate accounts for workers' compensation, general liability,
179 fleet automotive liability, federal civil rights actions under
180 42 U.S.C. s. 1983 or similar federal statutes, state agency
181 firefighter cancer benefits payable under s. 112.1816(2), and
182 court-awarded attorney attorney's fees in other proceedings
183 against the state except for such awards in eminent domain or
184 for inverse condemnation or for awards by the Public Employees
185 Relations Commission. Unless specifically excluded by the
186 Department of Financial Services, the Insurance Risk Management
187 Trust Fund must shall provide fleet automotive liability
188 coverage to motor vehicles titled to the state, or to any
189 department of the state, when such motor vehicles are used by
190 community transportation coordinators performing, under contract
191 to the appropriate department of the state, services for the
192 transportation disadvantaged under part I of chapter 427. Such
193 fleet automotive liability coverage is shall be primary and is
194 shall be subject to the provisions of s. 768.28 and parts II and
195 III of chapter 284, and applicable rules adopted thereunder, and
196 the terms and conditions of the certificate of coverage issued
197 by the Department of Financial Services.
198 Section 4. Section 284.385, Florida Statutes, is amended
199 to read:
200 284.385 Reporting and handling of claims.—

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201 (1) All departments covered by the State Risk Management
202 Trust Fund under this part shall immediately report all known or
203 potential claims to the Department of Financial Services for
204 handling, except employment complaints that which have not been
205 filed with the Florida Human Relations Commission, Equal
206 Employment Opportunity Commission, or any similar agency. When
207 deemed necessary, the Department of Financial Services shall
208 assign or reassign the claim to counsel. The assigned counsel
209 shall report regularly to the Department of Financial Services
210 or to the covered department on the status of any such claims or
211 litigation as required by the Department of Financial Services.
212 No Such claims may not claim shall be compromised or settled for
213 monetary compensation without the prior approval of the
214 Department of Financial Services and prior notification to the
215 covered department. All departments shall cooperate with the
216 Department of Financial Services in its handling of claims. The
217 Department of Financial Services and the Department of
218 Management Services, with the cooperation of the state attorneys
219 and the clerks of the courts, shall develop a system to
220 coordinate the exchange of information concerning claims for and
221 against the state, its agencies, and its subdivisions, to assist
222 in collection of amounts due to them. The covered department is
223 responsible shall have the responsibility for the settlement of
224 any claim for injunctive or affirmative relief under 42 U.S.C.
225 s. 1983 or similar federal or state statutes. The payment of a

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226 settlement or judgment for any claim covered and reported under
227 this part may shall be made only from the State Risk Management
228 Trust Fund.
229 (2) Benefits provided under s. 112.1816(2) may not be paid
230 from the fund until each request for any out-of-pocket
231 deductible, copayment, or coinsurance costs and one-time cash
232 payout has been validated and approved by the Department of
233 Management Services.
234 Section 5. Section 284.45, Florida Statutes, is created to
235 read:
236 284.45 Sexual harassment victims.—
237 (1) An individual working for an entity covered by the
238 State Risk Management Trust Fund may not engage in retaliatory
239 conduct of any kind against a sexual harassment victim. As used
240 in this section, the term "sexual harassment victim" means an
241 individual employed, or being considered for employment, with an
242 entity participating in the State Risk Management Trust Fund who
243 becomes a victim of workplace sexual harassment through the
244 course of employment, or while being considered for employment,
245 with the entity.
246 (2) The willful and knowing dissemination of personal
247 identifying information of a sexual harassment victim, which is
248 confidential and exempt pursuant to s. 119.071(2)(n), to any
249 party other than a governmental entity in furtherance of its
250 official duties or pursuant to a court order is a misdemeanor of

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251 the first degree, punishable as provided in s. 775.082.
252 Section 6. Subsections (1), (2), (3), (6), and (8) of
253 section 497.101, Florida Statutes, are amended to read:
254 497.101 Board of Funeral, Cemetery, and Consumer Services;
255 membership; appointment; terms.—
256 (1) The Board of Funeral, Cemetery, and Consumer Services
257 is created within the Department of Financial Services and shall
258 consist of 10 members, 9 of whom shall be appointed by the
259 Governor from nominations made by the Chief Financial Officer
260 and confirmed by the Senate. The Chief Financial Officer shall
261 nominate one to three persons for each of the nine vacancies on
262 the board, and the Governor shall fill each vacancy on the board
263 by appointing one of the three persons nominated by the Chief
264 Financial Officer to fill that vacancy. If the Governor objects
265 to each of the three nominations for a vacancy, she or he shall
266 inform the Chief Financial Officer in writing. Upon notification
267 of an objection by the Governor, the Chief Financial Officer
268 shall submit one to three additional nominations for that
269 vacancy until the vacancy is filled. One member must be the
270 State Health Officer or her or his designee.
271 (2) Two members of the board must shall be funeral
272 directors licensed under part III of this chapter who are
273 associated with a funeral establishment. One member of the board
274 must shall be a funeral director licensed under part III of this
275 chapter who is associated with a funeral establishment licensed

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276 under part III of this chapter which that has a valid preneed
277 license issued pursuant to this chapter and who owns or operates
278 a cinerator facility approved under chapter 403 and licensed
279 under part VI of this chapter. Two members of the board must
280 shall be persons whose primary occupation is associated with a
281 cemetery company licensed pursuant to this chapter. Two Three
282 members of the board must shall be consumers who are residents
283 of this the state, have never been licensed as funeral directors
284 or embalmers, are not connected with a cemetery or cemetery
285 company licensed pursuant to this chapter, and are not connected
286 with the death care industry or the practice of embalming,
287 funeral directing, or direct disposition. One of the two
288 consumer members must shall be at least 60 years of age, and one
289 shall be licensed as a certified public accountant under chapter
290 473. One member of the board must be a consumer who is a
291 resident of this state; is licensed as a certified public
292 accountant under chapter 473; has never been licensed as a
293 funeral director or an embalmer; is not a principal or an
294 employee of any licensee licensed under this chapter; and does
295 not otherwise have control, as defined in s. 497.005, over any
296 licensee licensed under this chapter. One member of the board
297 must shall be a principal of a monument establishment licensed
298 under this chapter as a monument builder. One member must shall
299 be the State Health Officer or her or his designee. There may
300 shall not be two or more board members who are principals or

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301 employees of the same company or partnership or group of
302 companies or partnerships under common control.
303 (3) Board members shall be appointed for terms of 4 years,
304 and the State Health Officer shall serve as long as that person
305 holds that office. The designee of the State Health Officer
306 shall serve at the pleasure of the Governor. When the terms of
307 the initial board members expire, the Chief Financial Officer
308 shall stagger the terms of the successor members as follows: one
309 funeral director, one cemetery representative, the monument
310 builder, and one consumer member shall be appointed for terms of
311 2 years, and the remaining members shall be appointed for terms
312 of 4 years. All subsequent terms shall be for 4 years.
313 (6) The board shall maintain its headquarters and records
314 of the board shall be in the Division of Funeral, Cemetery, and
315 Consumer Services of the Department of Financial Services in the
316 City of Tallahassee. The board may be contacted through the
317 Division of Funeral, Cemetery, and Consumer Services of the
318 Department of Financial Services in the City of Tallahassee. The
319 Chief Financial Officer shall annually appoint from among the
320 board members a chair and vice chair of the board. The board
321 shall meet at least every 6 months, and more often as necessary.
322 Special meetings of the board shall be convened upon the
323 direction of the Chief Financial Officer. A quorum is necessary
324 for the conduct of business by the board. The participation by a
325 board member in a meeting conducted through communications media

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326 technology constitutes that individual's presence at such
327 meeting. Board members appearing at a board meeting in person as
328 well as board members appearing through the use of
329 communications media technology shall be counted for the
330 determination of a quorum. As used in this subsection,
331 "communications media technology" means the electronic
332 transmission of printed matter, audio, full-motion video,
333 freeze-frame video, compressed video, and digital video by any
334 method available. Unless otherwise provided by law, six board
335 members shall constitute a quorum for the conduct of the board's
336 business.
337 (8) The department shall adopt rules establishing forms by
338 which persons may apply for membership on the board and
339 procedures for applying for such membership. Such forms shall
340 require disclosure of the existence and nature of all current
341 and past employments by or contracts with, and direct or
342 indirect affiliations or interests in, any entity or business
343 that at any time was licensed by the board or by the former
344 Board of Funeral and Cemetery Services or the former Board of
345 Funeral Directors and Embalmers or that is or was otherwise
346 involved in the death care industry, as specified by department
347 rule.
348 Section 7. Subsections (2) through (5) of section 497.157,
349 Florida Statutes, are renumbered as subsections (4) through (7),
350 respectively, present subsection (3) is amended, and new

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351 subsections (2) and (3) and subsection (8) are added to that
352 section, to read:
353 497.157 Unlicensed practice; remedies concerning
354 violations by unlicensed persons.—
355 (2) A person may not be, act as, or advertise or hold
356 himself or herself out to be a funeral director, an embalmer, or
357 a direct disposer unless he or she is currently licensed by the
358 department.
359 (3) A person may not be, act as, or advertise or hold
360 himself or herself out to be a preneed sales agent unless he or
361 she is currently licensed by the department and appointed by a
362 preneed main licensee for which he or she is executing preneed
363 contracts.
364 (5)(3) Where the department determines that an emergency
365 exists regarding any violation of this chapter by any unlicensed
366 person or entity, the department may issue and serve an
367 immediate final order upon such unlicensed person or entity, in
368 accordance with s. 120.569(2)(n). Such an immediate final order
369 may impose such prohibitions and requirements as are reasonably
370 necessary to protect the public health, safety, and welfare, and
371 is shall be effective when served.
372 (a) For the purpose of enforcing such an immediate final
373 order, the department may file an emergency or other proceeding
374 in the circuit courts of the state seeking enforcement of the
375 immediate final order by injunctive or other order of the court.

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376 The court shall issue its injunction or other order enforcing
377 the immediate final order pending administrative resolution of
378 the matter under subsection (4) (2), unless the court determines
379 that such action would work a manifest injustice under the
380 circumstances. Venue for judicial actions under this paragraph
381 must shall be, at the election of the department, in the courts
382 of Leon County, or in a county where the respondent resides or
383 has a place of business.
384 (b) After serving an immediate final order to cease and
385 desist upon any person or entity, the department shall within 10
386 days issue and serve upon the same person or entity an
387 administrative complaint as set forth in subsection (4) (2),
388 except that, absent order of a court to the contrary, the
389 immediate final order will shall be effective throughout the
390 pendency of proceedings under subsection (4) (2).
391 (8) Any person who is not licensed under this chapter and
392 who engages in activity requiring licensure under this chapter
393 commits a felony of the third degree, punishable as provided in
394 s. 775.082, s. 775.083, or s. 775.084.
395 Section 8. Subsection (6) of section 497.159, Florida
396 Statutes, is amended to read:
397 497.159 Crimes.—
398 (6) Any person who is not licensed under this chapter who
399 engages in activity requiring licensure under this chapter,
400 commits a misdemeanor of the second degree, punishable as

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401 provided in s. 775.082 or s. 775.083.
402 Section 9. Paragraph (a) of subsection (4) of section
403 497.375, Florida Statutes, is amended, paragraph (e) is added to
404 subsection (4), and paragraphs (b) and (c) of subsection (4) of
405 that section are republished, to read:
406 497.375 Funeral directing; licensure of a funeral director
407 intern.—
408 (4)(a) A funeral director intern license expires 1 year
409 after issuance and, except as provided in paragraph (b), or
410 paragraph (c), or paragraph (e), may not be renewed.
411 (b) A funeral director intern who is eligible for
412 licensure under subparagraph (1)(b)2. may renew her or his
413 funeral director intern license for an additional 1-year period
414 if the funeral director in charge of the funeral director intern
415 training agency certifies to the licensing authority that the
416 intern has completed at least one-half of the course of study in
417 mortuary science or funeral service arts.
418 (c) The licensing authority may adopt rules that allow a
419 funeral director intern to renew her or his funeral director
420 intern license for an additional 1-year period if the funeral
421 director intern demonstrates her or his failure to complete the
422 internship before expiration of the license due to illness,
423 personal injury, or other substantial hardship beyond her or his
424 reasonable control or demonstrates that she or he has completed
425 the requirements for licensure as a funeral director but is

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426 awaiting the results of a licensure examination. However, a
427 funeral director intern who renews her or his license under
428 paragraph (b) is not eligible to renew the license under this
429 paragraph.
430 (e) Upon expiration of a funeral director intern license,
431 any intern that has completed the educational credentials
432 required for a license as a funeral director and has applied for
433 licensure may continue to perform the tasks, functions, and
434 duties related to funeral directing in the manner provided in
435 paragraph (1)(d) until a license is issued or denied, or for a
436 period of 90 days, whichever occurs sooner.
437 Section 10. Paragraph (d) of subsection (2) of section
438 497.377, Florida Statutes, is amended, and paragraph (c) of
439 subsection (2) of that subsection is republished, to read:
440 497.377 Combination funeral director and embalmer
441 internships.—
442 (2)
443 (c) A combination funeral director and embalmer intern may
444 perform only the tasks, functions, and duties relating to
445 funeral directing and embalming which are performed under the
446 direct supervision of a licensed funeral director who has an
447 active, valid license under s. 497.373 or s. 497.374(1) and an
448 embalmer who has an active, valid license under s. 497.368 or s.
449 497.369. However, a combination funeral director and embalmer
450 intern may perform such tasks, functions, and duties under the

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451 general supervision of a licensed funeral director and embalmer
452 upon graduation from a college accredited by ABFSE with a degree
453 as specified in s. 497.373(1)(d) and upon passage of the
454 examination required under s. 497.373(2)(b) if the funeral
455 director in charge of the internship training establishment,
456 after 6 months of direct supervision, certifies to the licensing
457 authority that the intern is competent to complete the
458 internship under general supervision.
459 (d)1. A combination funeral director and embalmer intern
460 license expires 1 year after issuance and, except as provided in
461 subparagraph 2., may not be renewed; however, upon expiration of
462 a combination funeral director and embalmer intern license, any
463 intern that has completed the educational credentials required
464 for a combination license as both funeral director and embalmer
465 and has applied for licensure may continue to perform the tasks,
466 functions, and duties related to funeral directing and embalming
467 in the manner provided in paragraph (c) until a license is
468 issued or denied, or for a period of 90 days, whichever occurs
469 sooner.
470 2. The licensing authority may adopt rules that allow a
471 combination funeral director and embalmer intern to renew her or
472 his combination funeral director and embalmer intern license for
473 an additional 1 year if the combination funeral director and
474 embalmer intern demonstrates her or his failure to complete the
475 internship before expiration of the license due to illness,

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476 personal injury, or other substantial hardship beyond her or his
477 reasonable control or demonstrates that she or he has completed
478 the requirements for licensure as a combination funeral director
479 and embalmer but is awaiting the results of a licensure
480 examination.
481 Section 11. Paragraph (c) of subsection (1) of section
482 497.458, Florida Statutes, is amended, and paragraph (a) of
483 subsection (1) of that section is republished, to read:
484 497.458 Disposition of proceeds received on contracts.—
485 (1)(a) Any person who is paid, collects, or receives funds
486 under a preneed contract for funeral services or merchandise or
487 burial services or merchandise shall deposit an amount at least
488 equal to the sum of 70 percent of the purchase price collected
489 for all services sold and facilities rented; 100 percent of the
490 purchase price collected for all cash advance items sold; and 30
491 percent of the purchase price collected or 110 percent of the
492 wholesale cost, whichever is greater, for each item of
493 merchandise sold. The board may, by rule, specify criteria for
494 the classification of items sold in a preneed contract as
495 services, cash advances, or merchandise.
496 (c) Unless the preneed contract has been fulfilled, such
497 deposits shall be made within 30 days after the end of the
498 calendar month in which payment is received, under the terms of
499 a revocable trust instrument entered into with a trust company,
500 with a national or state bank holding trust powers, or with a

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501 federal or state savings and loan association holding trust
502 powers.
503 Section 12. Subsection (13) of section 552.081, Florida
504 Statutes, is amended to read:
505 552.081 Definitions.—As used in this chapter:
506 (13) "Two-component explosives" means any two inert
507 components that which, when mixed, become capable of detonation
508 by a detonator a No. 6 blasting cap, and shall be classified as
509 a Class "A" explosive when so mixed.
510 Section 13. Subsection (2) of section 553.7921, Florida
511 Statutes, is renumbered as subsection (3), subsection (1) of
512 that section is amended, and a new subsection (2) is added to
513 that section, to read:
514 553.7921 Fire alarm permit application to local
515 enforcement agency.—
516 (1) A contractor must file a Uniform Fire Alarm Permit
517 Application as provided in subsection (3) (2) with the local
518 enforcement agency and must receive the fire alarm permit
519 before:
520 (a) installing or replacing a fire alarm, if the local
521 enforcement agency requires a plan review for the installation
522 or replacement; or
523 (b) Repairing an existing alarm system that was previously
524 permitted by the local enforcement agency if the local
525 enforcement agency requires a fire alarm permit for the repair.

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526 (2) If the local enforcement agency requires a fire alarm
527 permit to repair an existing alarm system that was previously
528 permitted by the local enforcement agency, a contractor may
529 begin work after filing a Uniform Fire Alarm Permit Application
530 as provided in subsection (3). A fire alarm repaired pursuant to
531 this subsection may not be considered compliant until the
532 required permit is issued and the local enforcement agency
533 approves the repair.
534 Section 14. Effective January 1, 2022, subsection (3) of
535 section 626.2815, Florida Statutes, is amended to read:
536 626.2815 Continuing education requirements.—
537 (3) Each licensee except a title insurance agent must
538 complete a 4-hour 5-hour update course every 2 years which is
539 specific to the license held by the licensee. The course must be
540 developed and offered by providers and approved by the
541 department. The content of the course must address all lines of
542 insurance for which examination and licensure are required and
543 include the following subject areas: insurance law updates,
544 ethics for insurance professionals, disciplinary trends and case
545 studies, industry trends, premium discounts, determining
546 suitability of products and services, and other similar
547 insurance-related topics the department determines are relevant
548 to legally and ethically carrying out the responsibilities of
549 the license granted. A licensee who holds multiple insurance
550 licenses must complete an update course that is specific to at

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551 least one of the licenses held. Except as otherwise specified,
552 any remaining required hours of continuing education are
553 elective and may consist of any continuing education course
554 approved by the department under this section.
555 (a) Except as provided in paragraphs (b), (c), (d), (e),
556 (i), and (j), each licensee must also complete 20 19 hours of
557 elective continuing education courses every 2 years.
558 (b) A licensee who has been licensed for 6 or more years
559 must also complete a minimum of 16 15 hours of elective
560 continuing education every 2 years.
561 (c) A licensee who has been licensed for 25 years or more
562 and is a CLU or a CPCU or has a Bachelor of Science degree in
563 risk management or insurance with evidence of 18 or more
564 semester hours in insurance-related courses must also complete a
565 minimum of 6 5 hours of elective continuing education courses
566 every 2 years.
567 (d) An individual who holds a license as a customer
568 representative and who is not a licensed life or health agent
569 must also complete a minimum of 6 5 hours of continuing
570 education courses every 2 years.
571 (e) An individual subject to chapter 648 must complete the
572 4-hour 5-hour update course and a minimum of 10 9 hours of
573 elective continuing education courses every 2 years.
574 (f) Elective continuing education courses for public
575 adjusters must be specifically designed for public adjusters and

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576 approved by the department. Notwithstanding this subsection,
577 public adjusters for workers' compensation insurance or health
578 insurance are not required to take continuing education courses
579 pursuant to this section.
580 (g) Excess hours accumulated during any 2-year compliance
581 period may be carried forward to the next compliance period.
582 (h) An individual teaching an approved course of
583 instruction or lecturing at any approved seminar and attending
584 the entire course or seminar qualifies for the same number of
585 classroom hours as would be granted to a person taking and
586 successfully completing such course or seminar. Credit is
587 limited to the number of hours actually taught unless a person
588 attends the entire course or seminar. An individual who is an
589 official of or employed by a governmental entity in this state
590 and serves as a professor, instructor, or in another position or
591 office, the duties and responsibilities of which are determined
592 by the department to require monitoring and review of insurance
593 laws or insurance regulations and practices, is exempt from this
594 section.
595 (i) For compliance periods beginning on or after October
596 1, 2014, any person who holds a license as a title insurance
597 agent must complete a minimum of 10 hours of continuing
598 education credit every 2 years in title insurance and escrow
599 management specific to this state and approved by the
600 department, which must shall include at least 3 hours of

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601 continuing education on the subject matter of ethics, rules, or
602 compliance with state and federal regulations relating
603 specifically to title insurance and closing services.
604 (j) For a licensee who is an active participant in an
605 association, 2 hours of elective continuing education credit per
606 calendar year may be approved by the department, if properly
607 reported by the association.
608 Section 15. Subsections (1) and (2) of section 626.371,
609 Florida Statutes, are amended to read:
610 626.371 Payment of fees, taxes for appointment period
611 without appointment.—
612 (1) All initial and renewal appointments shall be
613 submitted to the department on a monthly basis no later than 45
614 days after the date of appointment and become effective on the
615 date requested on the appointment form.
616 (2)(a) If, upon application and qualification for an
617 initial or renewal appointment and such investigation as the
618 department may make, it appears to the department determines
619 that an individual has not been properly appointed to represent
620 an insurer or employer, that such individual who was formerly
621 licensed or is currently licensed, but not properly appointed to
622 represent an insurer or employer and that such individual who
623 has been actively engaged or is currently actively engaged as
624 such an appointee, but without being appointed as required, the
625 department shall may, if it finds that such failure to be

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626 appointed was an inadvertent error on the part of the insurer or
627 employer so represented, notify the insurer or employer of its
628 finding and of the requirement to pay all fees and taxes due
629 pursuant to paragraph (b) within 21 days.
630 (b) The department may nevertheless issue or authorize the
631 issuance of the appointment upon the insurer's or employer's
632 timely payment to the department of as applied for but subject
633 to the condition that, before the appointment is issued, all
634 fees and taxes that which would have been due had the applicant
635 been properly so appointed during such current and prior
636 periods, including with applicable fees and taxes that would
637 have been due pursuant to s. 624.501 for such current and prior
638 periods of appointment, shall be paid to the department.
639 (c) Upon proper appointment of the individual and payment
640 of all fees and taxes due pursuant to paragraph (b), paragraph
641 (3)(a), and s. 624.501 by the insurer or employer, the
642 department may no longer consider the inadvertent failure to
643 appoint to be a violation of this code.
644 (d) If the insurer or employer does not pay the fees and
645 taxes due pursuant to paragraph (b) within 21 days after notice
646 by the department, the department shall suspend the insurer's or
647 employer's authority to appoint licensees until all outstanding
648 fees and taxes have been paid.
649 Section 16. Subsection (3) of section 626.7351, Florida
650 Statutes, is amended to read:

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651 626.7351 Qualifications for customer representative's
652 license.—The department shall not grant or issue a license as
653 customer representative to any individual found by it to be
654 untrustworthy or incompetent, or who does not meet each of the
655 following qualifications:
656 (3) Within 4 years preceding the date that the application
657 for license was filed with the department, the applicant has
658 earned the designation of Accredited Advisor in Insurance (AAI),
659 Associate in General Insurance (AINS), or Accredited Customer
660 Service Representative (ACSR) from the Insurance Institute of
661 America; the designation of Certified Insurance Counselor (CIC)
662 from the Society of Certified Insurance Service Counselors; the
663 designation of Certified Professional Service Representative
664 (CPSR) from the National Foundation for CPSR; the designation of
665 Certified Insurance Service Representative (CISR) from the
666 Society of Certified Insurance Service Representatives; the
667 designation of Certified Insurance Representative (CIR) from
668 All-Lines Training; the designation of Professional Customer
669 Service Representative (PCSR) from the Professional Career
670 Institute; the designation of Insurance Customer Service
671 Representative (ICSR) from Statewide Insurance Associates LLC;
672 the designation of Registered Customer Service Representative
673 (RCSR) from a regionally accredited postsecondary institution in
674 the state whose curriculum is approved by the department and
675 includes comprehensive analysis of basic property and casualty

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676 lines of insurance and testing which demonstrates mastery of the
677 subject; or a degree from an accredited institution of higher
678 learning approved by the department when the degree includes a
679 minimum of 9 credit hours of insurance instruction, including
680 specific instruction in the areas of property, casualty, and
681 inland marine insurance. The department shall adopt rules
682 establishing standards for the approval of curriculum.
683 Section 17. Subsection (1) of section 626.8443, Florida
684 Statutes, is amended to read:
685 626.8443 Duration of suspension or revocation.—
686 (1) The department shall, in its order suspending a title
687 insurance agent's or agency's license or appointment or in its
688 order suspending the eligibility of a person to hold or apply
689 for such license or appointment, specify the period during which
690 the suspension is to be in effect, but such period may shall not
691 exceed 2 years 1 year. The license, or appointment, or
692 eligibility will shall remain suspended during the period so
693 specified, subject, however, to any rescission or modification
694 of the order by the department, or modification or reversal
695 thereof by the court, prior to expiration of the suspension
696 period. A license, appointment, or eligibility that which has
697 been suspended may not be reinstated except upon request for
698 such reinstatement, but the department may shall not grant such
699 reinstatement if it finds that the circumstance or circumstances
700 for which the license, appointment, and eligibility was

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701 suspended still exist or are likely to recur.
702 Section 18. Paragraph (e) of subsection (1) of section
703 626.916, Florida Statutes, is amended to read:
704 626.916 Eligibility for export.—
705 (1) No insurance coverage shall be eligible for export
706 unless it meets all of the following conditions:
707 (e) For personal residential property risks, the retail or
708 producing agent must advise the insured in writing that coverage
709 may be available and may be less expensive from Citizens
710 Property Insurance Corporation. The notice must include other
711 information that states that assessments by Citizens Property
712 Insurance Corporation are higher and the coverage provided by
713 Citizens Property Insurance Corporation may be less than the
714 property's existing coverage. If the notice is signed by the
715 insured, it is presumed that the insured has been informed and
716 knows that policies from Citizens Property Insurance Corporation
717 may be less expensive, may provide less coverage, and will be
718 accompanied by higher assessments.
719 Section 19. Paragraph (e) is added to subsection (1) of
720 section 626.9551, Florida Statutes, to read:
721 626.9551 Favored agent or insurer; coercion of debtors.—
722 (1) No person may:
723 (e) Require an insurance agent or agency to directly or
724 indirectly provide the replacement cost estimator or other
725 underwriting information of an insurer underwriting an insurance

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726 policy covering real property, as a condition precedent or
727 condition subsequent to the lending of money or extension of
728 credit to be secured by real property, when such information is
729 the proprietary business information of an insurer, as defined
730 in s. 624.4212(1), nor may an agent or agency provide this
731 information.
732 Section 20. Subsections (4) through (10) of section
733 627.715, Florida Statutes, are renumbered as subsections (5)
734 through (11), respectively, and a new subsection (4) is added to
735 that section, to read:
736 627.715 Flood insurance.—An authorized insurer may issue
737 an insurance policy, contract, or endorsement providing personal
738 lines residential coverage for the peril of flood or excess
739 coverage for the peril of flood on any structure or the contents
740 of personal property contained therein, subject to this section.
741 This section does not apply to commercial lines residential or
742 commercial lines nonresidential coverage for the peril of flood.
743 An insurer may issue flood insurance policies, contracts,
744 endorsements, or excess coverage on a standard, preferred,
745 customized, flexible, or supplemental basis.
746 (4) An agent may export a contract or an endorsement
747 providing flood coverage to an eligible surplus lines insurer
748 without making a diligent effort to seek such coverage from
749 three or more authorized insurers under s. 626.916(1)(a).
750 Section 21. Subsection (3) of section 633.102, Florida

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751 Statutes, is amended to read:
752 633.102 Definitions.—As used in this chapter, the term:
753 (3)(a) "Contractor I" means a contractor whose business
754 includes the execution of contracts requiring the ability to lay
755 out, fabricate, install, inspect, alter, repair, and service all
756 types of fire protection systems, excluding preengineered
757 systems.
758 (b) "Contractor II" means a contractor whose business is
759 limited to the execution of contracts requiring the ability to
760 lay out, fabricate, install, inspect, alter, repair, and service
761 water sprinkler systems, water spray systems, foam-water
762 sprinkler systems, foam-water spray systems, standpipes,
763 combination standpipes and sprinkler risers, all piping that is
764 an integral part of the system beginning at the point of service
765 as defined in this section, sprinkler tank heaters, air lines,
766 thermal systems used in connection with sprinklers, and tanks
767 and pumps connected thereto, excluding preengineered systems.
768 (c) "Contractor III" means a contractor whose business is
769 limited to the execution of contracts requiring the ability to
770 fabricate, install, inspect, alter, repair, and service carbon
771 dioxide systems, foam extinguishing systems, dry chemical
772 systems, and Halon and other chemical systems, excluding
773 preengineered systems.
774 (d) "Contractor IV" means a contractor whose business is
775 limited to the execution of contracts requiring the ability to

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776 lay out, fabricate, install, inspect, alter, repair, and service
777 automatic fire sprinkler systems for detached one-family
778 dwellings, detached two-family dwellings, and mobile homes,
779 excluding preengineered systems and excluding single-family
780 homes in cluster units, such as apartments, condominiums, and
781 assisted living facilities or any building that is connected to
782 other dwellings. A Contractor IV is limited to the scope of
783 practice specified in NFPA 13D.
784 (e) "Contractor V" means a contractor whose business is
785 limited to the execution of contracts requiring the ability to
786 fabricate, install, inspect, alter, repair, and service the
787 underground piping for a fire protection system using water as
788 the extinguishing agent beginning at the point of service as
789 defined in this act and ending no more than 1 foot above the
790 finished floor.
791
792 The definitions in This subsection may not be construed to
793 include engineers or architects within the defined terms and
794 does do not limit or prohibit a licensed fire protection
795 engineer or architect with fire protection design experience
796 from designing any type of fire protection system. A distinction
797 is made between system design concepts prepared by the design
798 professional and system layout as defined in this section and
799 typically prepared by the contractor. However, a person
800 certified as a Contractor I or, Contractor II, or Contractor IV

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801 under this chapter may design new fire protection systems of 49
802 or fewer sprinklers;, and may design the alteration of an
803 existing fire sprinkler system if the alteration consists of the
804 relocation, addition, or deletion of not more than 49 or fewer
805 sprinklers, notwithstanding the size of the existing fire
806 sprinkler system; or may design the alteration of an existing
807 fire sprinkler system if the alteration consists of the
808 relocation or deletion of 249 or fewer sprinklers,
809 notwithstanding the size of the existing fire sprinkler system,
810 if there is no change of occupancy, as defined in the Florida
811 Building Code and the Florida Fire Prevention Code, of the
812 affected areas and there is no change in the water demand as
813 defined in NFPA 13, "Standard for the Installation of Sprinkler
814 Systems," and if the occupancy hazard classification as defined
815 in NFPA 13 is reduced or remains the same as a result of the
816 alteration. Conflicts between the Florida Building Code and the
817 Florida Fire Prevention Code shall be resolved pursuant to s.
818 553.73(1)(d). A person certified as a Contractor I, Contractor
819 II, or Contractor IV may design or alter a fire protection
820 system, the scope of which complies with NFPA 13D, "Standard for
821 the Installation of Sprinkler Systems in One- and Two-Family
822 Dwellings and Manufactured Homes," as adopted by the State Fire
823 Marshal, notwithstanding the number of fire sprinklers.
824 Contractor-developed plans may not be required by any local
825 permitting authority to be sealed by a registered professional

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826 engineer.
827 Section 22. Section 633.136, Florida Statutes, is amended
828 to read:
829 633.136 Fire and Emergency Incident Information Reporting
830 Program; duties; fire reports.—
831 (1)(a) The Fire and Emergency Incident Information
832 Reporting Program is created within the division. The program
833 shall:
834 1. Establish and maintain an electronic communication
835 system capable of transmitting fire and emergency incident
836 information to and between fire service providers protection
837 agencies.
838 2. Initiate a Fire and Emergency Incident Information
839 Reporting System that is shall be responsible for:
840 a. Receiving fire and emergency incident information from
841 fire service providers protection agencies.
842 b. Preparing and disseminating annual reports to the
843 Governor, the President of the Senate, the Speaker of the House
844 of Representatives, fire service providers protection agencies,
845 and, upon request, the public. Each report must shall include,
846 but not be limited to, the information listed in the National
847 Fire Incident Reporting System.
848 c. Upon request, providing other states and federal
849 agencies with fire and emergency incident data of this state.
850 3. Adopt rules to effectively and efficiently implement,

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851 administer, manage, maintain, and use the Fire and Emergency
852 Incident Information Reporting Program. The rules shall be
853 considered minimum requirements and may shall not preclude a
854 fire service provider protection agency from implementing its
855 own requirements that which may not conflict with the rules of
856 the division.
857 4. By rule, establish procedures and a format for each
858 fire service provider protection agency to voluntarily monitor
859 its records and submit reports to the program.
860 5. Maintain Establish an electronic information database
861 that is accessible and searchable by fire service providers
862 protection agencies.
863 (b) The division shall consult with the Florida Forest
864 Service of the Department of Agriculture and Consumer Services
865 and the State Surgeon General of the Department of Health to
866 coordinate data, ensure accuracy of the data, and limit
867 duplication of efforts in data collection, analysis, and
868 reporting.
869 (2) The Fire and Emergency Incident Information System
870 Technical Advisory Panel is created within the division. The
871 panel shall advise, review, and recommend to the State Fire
872 Marshal with respect to the requirements of this section. The
873 membership of the panel consists shall consist of the following
874 15 members:
875 (a) The current 13 members of the Firefighters Employment,

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876 Standards, and Training Council as established in s. 633.402.
877 (b) One member from the Florida Forest Service of the
878 Department of Agriculture and Consumer Services, appointed by
879 the director of the Florida Forest Service.
880 (c) One member from the Department of Health, appointed by
881 the State Surgeon General.
882 (3) As used in For the purpose of this section, the term
883 "fire service provider" has the same meaning as in s. 633.102
884 "fire protection agency" shall be defined by rule by the
885 division.
886 Section 23. Subsection (18) of section 633.202, Florida
887 Statutes, is amended to read:
888 633.202 Florida Fire Prevention Code.—
889 (18) The authority having jurisdiction shall determine the
890 minimum radio signal strength for fire department communications
891 in all new high-rise and existing high-rise buildings. Existing
892 buildings are not required to comply with minimum radio strength
893 for fire department communications and two-way radio system
894 enhancement communications as required by the Florida Fire
895 Prevention Code until January 1, 2023 2022. However, by January
896 1, 2022 December 31, 2019, an existing building that is not in
897 compliance with the requirements for minimum radio strength for
898 fire department communications must have completed a minimum
899 radio strength assessment apply for an appropriate permit for
900 the required installation with the local government agency

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901 having jurisdiction and must demonstrate that the building will
902 become compliant by January 1, 2023 2022. Existing apartment
903 buildings are not required to comply until January 1, 2025.
904 However, existing apartment buildings must have completed a
905 minimum radio strength assessment are required to apply for the
906 appropriate permit for the required communications installation
907 by December 31, 2022.
908 Section 24. Section 633.217, Florida Statutes, is created
909 to read:
910 633.217 Influencing a firesafety inspector; prohibited
911 acts.—
912 (1) A person may not influence a firesafety inspector by:
913 (a) Threatening, coercing, tricking, or attempting to
914 threaten, coerce, or trick the firesafety inspector into
915 violating any provision of the Florida Fire Prevention Code, any
916 rule adopted by the State Fire Marshal, or any provision of this
917 chapter.
918 (b) Offering any compensation to the firesafety inspector
919 to induce a violation of the Florida Fire Prevention Code, any
920 rule adopted by the State Fire Marshal, or any provision of this
921 chapter.
922 (2) A firesafety inspector may not knowingly and
923 intentionally request, solicit, accept, or agree to accept
924 compensation offered as described in paragraph (1)(b).
925 Section 25. Paragraphs (d), (g), and (h) of subsection (4)

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926 of section 633.304, Florida Statutes, are amended to read:
927 633.304 Fire suppression equipment; license to install or
928 maintain.—
929 (4)
930 (d) A license of any class may not be issued or renewed by
931 the division and a license of any class does not remain
932 operative unless:
933 1. The applicant has submitted to the State Fire Marshal
934 evidence of registration as a Florida corporation or evidence of
935 compliance with s. 865.09.
936 2. The State Fire Marshal or his or her designee has by
937 inspection determined that the applicant possesses the equipment
938 required for the class of license sought. The State Fire Marshal
939 shall give an applicant a reasonable opportunity to correct any
940 deficiencies discovered by inspection. To obtain such
941 inspection, an applicant with facilities located outside this
942 state must:
943 a. Provide a notarized statement from a professional
944 engineer licensed by the applicant's state of domicile
945 certifying that the applicant possesses the equipment required
946 for the class of license sought and that all such equipment is
947 operable; or
948 b. Allow the State Fire Marshal or her or his designee to
949 inspect the facility. All costs associated with the State Fire
950 Marshal's inspection must be paid by the applicant. The State

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951 Fire Marshal, in accordance with s. 120.54, may adopt rules to
952 establish standards for the calculation and establishment of the
953 amount of costs associated with any inspection conducted by the
954 State Fire Marshal under this section. Such rules must include
955 procedures for invoicing and receiving funds in advance of the
956 inspection.
957 3. The applicant has submitted to the State Fire Marshal
958 proof of insurance providing coverage for comprehensive general
959 liability for bodily injury and property damage, products
960 liability, completed operations, and contractual liability. The
961 State Fire Marshal shall adopt rules providing for the amounts
962 of such coverage, but such amounts may not be less than $300,000
963 for Class A or Class D licenses, $200,000 for Class B licenses,
964 and $100,000 for Class C licenses; and the total coverage for
965 any class of license held in conjunction with a Class D license
966 may not be less than $300,000. The State Fire Marshal may, at
967 any time after the issuance of a license or its renewal, require
968 upon demand, and in no event more than 30 days after notice of
969 such demand, the licensee to provide proof of insurance, on the
970 insurer's form, containing confirmation of insurance coverage as
971 required by this chapter. Failure, for any length of time, to
972 provide proof of insurance coverage as required must result in
973 the immediate suspension of the license until proof of proper
974 insurance is provided to the State Fire Marshal. An insurer that
975 provides such coverage shall notify the State Fire Marshal of

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976 any change in coverage or of any termination, cancellation, or
977 nonrenewal of any coverage.
978 4. The applicant applies to the State Fire Marshal,
979 provides proof of experience, and successfully completes a
980 prescribed training course that includes both written and
981 practical training offered by the State Fire College or an
982 equivalent course approved by the State Fire Marshal as
983 applicable to the class of license being sought. This
984 subparagraph does not apply to any holder of or applicant for a
985 permit under paragraph (g) or to a business organization or a
986 governmental entity seeking initial licensure or renewal of an
987 existing license solely for the purpose of inspecting,
988 servicing, repairing, marking, recharging, and maintaining fire
989 extinguishers used and located on the premises of and owned by
990 such organization or entity.
991 5. The applicant has a current retestor identification
992 number that is appropriate for the license for which the
993 applicant is applying and that is listed with the United States
994 Department of Transportation.
995 6. The applicant has passed, with a grade of at least 70
996 percent, a written examination testing his or her knowledge of
997 the rules and statutes governing the activities authorized by
998 the license and demonstrating his or her knowledge and ability
999 to perform those tasks in a competent, lawful, and safe manner.
1000 Such examination must be developed and administered by the State

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1001 Fire Marshal, or his or her designee in accordance with policies
1002 and procedures of the State Fire Marshal. An applicant shall pay
1003 a nonrefundable examination fee of $50 for each examination or
1004 reexamination scheduled. A reexamination may not be scheduled
1005 sooner than 30 days after any administration of an examination
1006 to an applicant. An applicant may not be permitted to take an
1007 examination for any level of license more than a total of four
1008 times during 1 year, regardless of the number of applications
1009 submitted. As a prerequisite to licensure of the applicant, he
1010 or she:
1011 a. Must be at least 18 years of age.
1012 b. Must have 4 years of proven experience as a fire
1013 equipment permittee at a level equal to or greater than the
1014 level of license applied for or have a combination of education
1015 and experience determined to be equivalent thereto by the State
1016 Fire Marshal. Having held a permit at the appropriate level for
1017 the required period constitutes the required experience.
1018 c. Must not have been convicted of a felony or a crime
1019 punishable by imprisonment of 1 year or more under the law of
1020 the United States or of any state thereof or under the law of
1021 any other country. "Convicted" means a finding of guilt or the
1022 acceptance of a plea of guilty or nolo contendere in any federal
1023 or state court or a court in any other country, without regard
1024 to whether a judgment of conviction has been entered by the
1025 court having jurisdiction of the case. If an applicant has been

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1026 convicted of any such felony, the applicant is excluded from
1027 licensure for a period of 4 years after expiration of sentence
1028 or final release by the Florida Commission on Offender Review
1029 unless the applicant, before the expiration of the 4-year
1030 period, has received a full pardon or has had her or his civil
1031 rights restored.
1032
1033 This subparagraph does not apply to any holder of or applicant
1034 for a permit under paragraph (g) or to a business organization
1035 or a governmental entity seeking initial licensure or renewal of
1036 an existing license solely for the purpose of inspecting,
1037 servicing, repairing, marking, recharging, hydrotesting, and
1038 maintaining fire extinguishers used and located on the premises
1039 of and owned by such organization or entity.
1040 (g) A permit of any class may not be issued or renewed to
1041 a person by the division, and a permit of any class does not
1042 remain operative, unless the person has:
1043 1. Submitted a nonrefundable examination fee in the amount
1044 of $50.
1045 2. Successfully completed a training course that includes
1046 both written and practical training offered by the State Fire
1047 College or an equivalent course approved by the State Fire
1048 Marshal as applicable to the class of license being sought.
1049 3. Passed, with a grade of at least 70 percent, a written
1050 examination testing his or her knowledge of the rules and

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1051 statutes governing the activities authorized by the permit and
1052 demonstrating his or her knowledge and ability to perform those
1053 tasks in a competent, lawful, and safe manner. Such examination
1054 must be developed and administered by the State Fire Marshal in
1055 accordance with the policies and procedures of the State Fire
1056 Marshal. An examination fee must be paid for each examination
1057 scheduled. A reexamination may not be scheduled sooner than 30
1058 days after any administration of an examination to an applicant.
1059 An applicant may not be permitted to take an examination for any
1060 level of permit more than four times during 1 year, regardless
1061 of the number of applications submitted. As a prerequisite to
1062 taking the permit examination, the applicant must be at least 16
1063 years of age.
1064 (h) An applicant for a license or permit under this
1065 section who fails the examination may take it three more times
1066 during the 1-year period after he or she originally filed an
1067 application for the examination. If the applicant fails the
1068 examination within 1 year after the application date and he or
1069 she seeks to retake the examination, he or she must file a new
1070 application, pay the application and examination fees, and
1071 successfully complete a prescribed training course that includes
1072 both written and practical training offered by the State Fire
1073 College or an equivalent course approved by the State Fire
1074 Marshal as applicable to the class of license being sought. The
1075 applicant may not submit a new application within 6 months after

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1076 the date of his or her fourth reexamination. An applicant who
1077 passes the examination but does not meet the remaining
1078 qualifications prescribed by law and rule within 1 year after
1079 the application date must file a new application, pay the
1080 application and examination fee, successfully complete a
1081 prescribed training course that includes both written and
1082 practical training approved by the State Fire College or an
1083 equivalent course approved by the State Fire Marshal as
1084 applicable to the class of license being sought, and pass the
1085 written examination.
1086 Section 26. Subsection (1) of section 633.402, Florida
1087 Statutes, is amended to read:
1088 633.402 Firefighters Employment, Standards, and Training
1089 Council; organization; meetings; quorum; compensation; seal;
1090 special powers; firefighter training.—
1091 (1) There is created within the department a Firefighters
1092 Employment, Standards, and Training Council of 15 14 members.
1093 (a) The members shall be appointed as follows:
1094 1. Two fire chiefs appointed by the Florida Fire Chiefs
1095 Association.
1096 2. Two firefighters, who are not officers, appointed by
1097 the Florida Professional Firefighters Association.
1098 3. Two firefighter officers, who are not fire chiefs,
1099 appointed by the State Fire Marshal.
1100 4. One individual appointed by the Florida League of

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1101 Cities.
1102 5. One individual appointed by the Florida Association of
1103 Counties.
1104 6. One individual appointed by the Florida Association of
1105 Special Districts.
1106 7. One individual appointed by the Florida Fire Marshals'
1107 and Inspectors' Association.
1108 8. One employee of the Florida Forest Service of the
1109 Department of Agriculture and Consumer Services appointed by the
1110 director of the Florida Forest Service.
1111 9. One individual appointed by the State Fire Marshal.
1112 10. One director or instructor of a state-certified
1113 firefighting training facility appointed by the State Fire
1114 Marshal.
1115 11. One individual The remaining member, who shall be
1116 appointed by the State Fire Marshal, who may not be a member or
1117 representative of the firefighting profession or of any local
1118 government.
1119 12. One individual from the Department of Health,
1120 appointed by the Surgeon General.
1121 (b) To be eligible for appointment as a member under
1122 subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
1123 subparagraph (a)8., or subparagraph (a)10., a person must have
1124 had at least 4 years' experience in the firefighting profession.
1125 Members shall serve only as long as they continue to meet the

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1126 criteria under which they were appointed, or unless a member has
1127 failed to appear at three consecutive and properly noticed
1128 meetings unless excused by the chair.
1129 Section 27. Subsection (1) of section 633.416, Florida
1130 Statutes, is amended to read:
1131 633.416 Firefighter employment and volunteer firefighter
1132 service; saving clause.—
1133 (1) A fire service provider may not employ an individual
1134 to:
1135 (a) Extinguish fires for the protection of life or
1136 property or to supervise individuals who perform such services
1137 unless the individual holds a current and valid Firefighter
1138 Certificate of Compliance. However, a person who is currently
1139 serving as a volunteer firefighter and holds a volunteer
1140 firefighter certificate of completion with a fire service
1141 provider, who is then employed as a regular or permanent
1142 firefighter by such fire service provider, may function, for a
1143 period of 1 year under the direct supervision of an individual
1144 holding a valid Firefighter Certificate of Compliance, in the
1145 same capacity in which he or she acted as a volunteer
1146 firefighter, provided that he or she has completed all training
1147 required by the volunteer organization. Under no circumstance
1148 can this period extend beyond 1 year either collectively or
1149 consecutively from the start of employment to obtain a
1150 Firefighter Certificate of Compliance; or

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1151 (b) Serve as the administrative and command head of a fire
1152 service provider for a period in excess of 1 year unless the
1153 individual holds a current and valid Firefighter Certificate of
1154 Compliance or Special Certificate of Compliance.
1155 Section 28. Section 648.30, Florida Statutes, is amended
1156 to read:
1157 648.30 Licensure and appointment required; prohibited
1158 acts; penalties.—
1159 (1) A person may not act in the capacity of a bail bond
1160 agent or temporary bail bond agent or perform any of the
1161 functions, duties, or powers prescribed for bail bond agents or
1162 temporary bail bond agents under this chapter unless that person
1163 is qualified, licensed, and appointed as provided in this
1164 chapter.
1165 (2) A person may not represent himself or herself to be a
1166 bail enforcement agent, bounty hunter, or other similar title in
1167 this state.
1168 (3) A person, other than a certified law enforcement
1169 officer, may not apprehend, detain, or arrest a principal on a
1170 bond, wherever issued, unless that person is qualified,
1171 licensed, and appointed as provided in this chapter or licensed
1172 as a bail bond agent or bail bond enforcement agent, or holds an
1173 equivalent license by the state where the bond was written.
1174 (4) Any person who violates this section commits a felony
1175 of the third degree, punishable as provided in s. 775.082, s.

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1176 775.083, or s. 775.084.
1177 (5) Any licensee under this chapter who knowingly aids or
1178 abets an unlicensed person in violating this section commits a
1179 felony of the third degree, punishable as provided in s.
1180 775.082, s. 775.083, or s. 775.084.
1181 Section 29. Section 843.08, Florida Statutes, is amended
1182 to read:
1183 843.08 False personation.—A person who falsely assumes or
1184 pretends to be a firefighter, a sheriff, an officer of the
1185 Florida Highway Patrol, an officer of the Fish and Wildlife
1186 Conservation Commission, an officer of the Department of
1187 Environmental Protection, a fire or arson investigator of the
1188 Department of Financial Services, an officer of the Department
1189 of Financial Services, any personnel or representative of the
1190 Division of Investigative and Forensic Services, an officer of
1191 the Department of Corrections, a correctional probation officer,
1192 a deputy sheriff, a state attorney or an assistant state
1193 attorney, a statewide prosecutor or an assistant statewide
1194 prosecutor, a state attorney investigator, a coroner, a police
1195 officer, a lottery special agent or lottery investigator, a
1196 beverage enforcement agent, a school guardian as described in s.
1197 30.15(1)(k), a security officer licensed under chapter 493, any
1198 member of the Florida Commission on Offender Review or any
1199 administrative aide or supervisor employed by the commission,
1200 any personnel or representative of the Department of Law

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1201 Enforcement, or a federal law enforcement officer as defined in
1202 s. 901.1505, and takes upon himself or herself to act as such,
1203 or to require any other person to aid or assist him or her in a
1204 matter pertaining to the duty of any such officer, commits a
1205 felony of the third degree, punishable as provided in s.
1206 775.082, s. 775.083, or s. 775.084. However, a person who
1207 falsely personates any such officer during the course of the
1208 commission of a felony commits a felony of the second degree,
1209 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1210 If the commission of the felony results in the death or personal
1211 injury of another human being, the person commits a felony of
1212 the first degree, punishable as provided in s. 775.082, s.
1213 775.083, or s. 775.084.
1214 Section 30. Paragraph (f) is added to subsection (11) of
1215 section 943.045, Florida Statutes, to read:
1216 943.045 Definitions; ss. 943.045-943.08.—The following
1217 words and phrases as used in ss. 943.045-943.08 shall have the
1218 following meanings:
1219 (11) "Criminal justice agency" means:
1220 (f) The investigations component of the Department of
1221 Financial Services which investigates the crimes of fraud and
1222 official misconduct in all public assistance given to residents
1223 of this state or provided to others by this state.
1224 Section 31. Except as otherwise expressly provided in this
1225 act, this act shall take effect July 1, 2021.

Page 49 of 49

CODING: Words stricken are deletions; words underlined are additions.
hb1209-02-c2
COMMERCE COMMITTEE

CS/CS/HB 1209 by Rep. Fetterhoff
Department of Financial Services

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. Fetterhoff (line 402): The amendment:
• Clarifies that a cemetery company may sell on cemetery lands, even on lands it does
not own, monuments, memorials, markers, burial vaults, urns, flower vases, floral
arrangements, and other similar merchandise for use within a cemetery.
• Requires a monument retailer to maintain a full-service place of business that includes
an office for the conduct of its business; displays a selection of monuments, markers,
and related products for inspection by customers prior to sale; and has its office and
display area normally open to the public weekdays during normal business hours.
• Makes monument retailers subject to inspection under ch. 497, F.S.

Amendment 2 by Rep. Fetterhoff (line 534): The amendment:
• Modifies continuing education requirements for licensed insurance agents and adjusters
in order to conform to continuing education changes made by the bill.
• Further extends deadlines for high-rise buildings to apply for a permit and comply with
minimum radio strength for fire department communications and two-way radio system
enhancement communications.
• Restores current law which provides that by specified deadlines high-rise buildings must
apply for an appropriate permit; the bill currently provides that by such deadlines high-
rise buildings must complete a minimum radio strength assessment.

Amendment 3 by Rep. Rommel (line 718): The amendment establishes that insurance which
provides coverage for deductibles for property insurance may be written on the surplus lines
market without first meeting due diligence requirements typically necessary before coverage
may be written on that market, as long as the coverage is placed through a licensed surplus
lines agent, the insurer issuing the coverage is an eligible surplus lines insurer, and the insured
signs a disclosure acknowledging that he or she is receiving coverage on the surplus lines
market and has received information regarding the surplus lines market.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (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 Fetterhoff offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 402-502 and insert:
6 Section 9. Paragraphs (f) and (g) of subsection (1) of
7 section 497.273, Florida Statutes, are redesignated as
8 paragraphs (e) and (f), respectively, subsections (2), (3), and
9 (4) are renumbered as subsections (3), (4), and (5),
10 respectively, paragraph (e) of subsection (1) is amended, and a
11 new subsection (2) is added to that section, to read:
12 (1) Within the boundaries of the cemetery lands it owns, a
13 cemetery company may perform the following functions:
14 (e) The nonexclusive preneed and at-need sale of
15 monuments, memorials, markers, burial vaults, urns, flower

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 1

16 vases, floral arrangements, and other similar merchandise for
17 use within the cemetery.
18 (2) A cemetery company may perform the nonexclusive
19 preneed and at-need sale of monuments, memorials, markers,
20 burial vaults, urns, flower vases, floral arrangements, and
21 other similar merchandise for use within a cemetery, regardless
22 of whether the cemetery is within the boundaries of the cemetery
23 lands the company owns.
24 Section 10. Paragraph (a) of subsection (4) of section
25 497.375, Florida Statutes, is amended, paragraph (e) is added to
26 subsection (4), and paragraphs (b) and (c) of subsection (4) of
27 that section are republished, to read:
28 497.375 Funeral directing; licensure of a funeral director
29 intern.—
30 (4)(a) A funeral director intern license expires 1 year
31 after issuance and, except as provided in paragraph (b), or
32 paragraph (c), or paragraph (e), may not be renewed.
33 (b) A funeral director intern who is eligible for
34 licensure under subparagraph (1)(b)2. may renew her or his
35 funeral director intern license for an additional 1-year period
36 if the funeral director in charge of the funeral director intern
37 training agency certifies to the licensing authority that the
38 intern has completed at least one-half of the course of study in
39 mortuary science or funeral service arts.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 1

40 (c) The licensing authority may adopt rules that allow a
41 funeral director intern to renew her or his funeral director
42 intern license for an additional 1-year period if the funeral
43 director intern demonstrates her or his failure to complete the
44 internship before expiration of the license due to illness,
45 personal injury, or other substantial hardship beyond her or his
46 reasonable control or demonstrates that she or he has completed
47 the requirements for licensure as a funeral director but is
48 awaiting the results of a licensure examination. However, a
49 funeral director intern who renews her or his license under
50 paragraph (b) is not eligible to renew the license under this
51 paragraph.
52 (e) Upon expiration of a funeral director intern license,
53 any intern that has completed the educational credentials
54 required for a license as a funeral director and has applied for
55 licensure may continue to perform the tasks, functions, and
56 duties related to funeral directing in the manner provided in
57 paragraph (1)(d) until a license is issued or denied, or for a
58 period of 90 days, whichever occurs sooner.
59 Section 11. Paragraph (d) of subsection (2) of section
60 497.377, Florida Statutes, is amended, and paragraph (c) of
61 subsection (2) of that subsection is republished, to read:
62 497.377 Combination funeral director and embalmer
63 internships.—
64 (2)
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 1

65 (c) A combination funeral director and embalmer intern may
66 perform only the tasks, functions, and duties relating to
67 funeral directing and embalming which are performed under the
68 direct supervision of a licensed funeral director who has an
69 active, valid license under s. 497.373 or s. 497.374(1) and an
70 embalmer who has an active, valid license under s. 497.368 or s.
71 497.369. However, a combination funeral director and embalmer
72 intern may perform such tasks, functions, and duties under the
73 general supervision of a licensed funeral director and embalmer
74 upon graduation from a college accredited by ABFSE with a degree
75 as specified in s. 497.373(1)(d) and upon passage of the
76 examination required under s. 497.373(2)(b) if the funeral
77 director in charge of the internship training establishment,
78 after 6 months of direct supervision, certifies to the licensing
79 authority that the intern is competent to complete the
80 internship under general supervision.
81 (d)1. A combination funeral director and embalmer intern
82 license expires 1 year after issuance and, except as provided in
83 subparagraph 2., may not be renewed; however, upon expiration of
84 a combination funeral director and embalmer intern license, any
85 intern that has completed the educational credentials required
86 for a combination license as both funeral director and embalmer
87 and has applied for licensure may continue to perform the tasks,
88 functions, and duties related to funeral directing and embalming
89 in the manner provided in paragraph (c) until a license is
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 1

90 issued or denied, or for a period of 90 days, whichever occurs
91 sooner.
92 2. The licensing authority may adopt rules that allow a
93 combination funeral director and embalmer intern to renew her or
94 his combination funeral director and embalmer intern license for
95 an additional 1 year if the combination funeral director and
96 embalmer intern demonstrates her or his failure to complete the
97 internship before expiration of the license due to illness,
98 personal injury, or other substantial hardship beyond her or his
99 reasonable control or demonstrates that she or he has completed
100 the requirements for licensure as a combination funeral director
101 and embalmer but is awaiting the results of a licensure
102 examination.
103 Section 12. Paragraph (c) of subsection (1) of section
104 497.458, Florida Statutes, is amended, and paragraph (a) of
105 subsection (1) of that section is republished, to read:
106 497.458 Disposition of proceeds received on contracts.—
107 (1)(a) Any person who is paid, collects, or receives funds
108 under a preneed contract for funeral services or merchandise or
109 burial services or merchandise shall deposit an amount at least
110 equal to the sum of 70 percent of the purchase price collected
111 for all services sold and facilities rented; 100 percent of the
112 purchase price collected for all cash advance items sold; and 30
113 percent of the purchase price collected or 110 percent of the
114 wholesale cost, whichever is greater, for each item of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 1

115 merchandise sold. The board may, by rule, specify criteria for
116 the classification of items sold in a preneed contract as
117 services, cash advances, or merchandise.
118 (c) Unless the preneed contract has been fulfilled, such
119 deposits shall be made within 30 days after the end of the
120 calendar month in which payment is received, under the terms of
121 a revocable trust instrument entered into with a trust company,
122 with a national or state bank holding trust powers, or with a
123 federal or state savings and loan association holding trust
124 powers.
125 Section 13. Paragraph (d) of subsection (1) of section
126 497.550, Florida Statutes, is amended to read:
127 497.550 Licensure of monument establishments required;
128 procedures and criteria.—
129 (1)
130 (d) The requirements of this chapter apply to both
131 monument retailers and monument builders, except as provided in
132 this paragraph. Each monument establishment shall be a physical
133 structure that is located at a specific street address, in
134 compliance with zoning regulations of the appropriate local
135 government, and not located on property that is exempt from
136 taxation, but a monument retailer may not otherwise be required
137 to comply with s. 497.552(4) s. 497.552 or be subject to
138 inspection under this chapter.
139
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 1

140 -----------------------------------------------------
141 T I T L E A M E N D M E N T
142 Remove lines 36-47 and insert:
143 changes made by the act; amending s. 497.273, F.S.;
144 authorizing a cemetery company to perform specified
145 services on cemetery lands other than lands the
146 company owns; amending s. 497.375, F.S.; authorizing
147 licensed funeral director interns to continue
148 performing certain tasks while transitioning to
149 licensed funeral directors; amending s. 497.377, F.S.;
150 authorizing licensed combination funeral director and
151 embalmer interns to continue performing certain tasks
152 while transitioning to licensed combination funeral
153 director and embalmers; amending s. 497.458, F.S.;
154 specifying that certain deposits under preneed
155 contracts for funeral services or merchandise or
156 burial services or merchandise must be made unless the
157 preneed contracts have been fulfilled; amending s.
158 497.550, F.S.; requiring monument retailers to comply
159 with specified requirements relating to place of
160 business and operations; subjecting monument retailers
161 to inspection;

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

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 Fetterhoff offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 534-907 and insert:
6 Section 14. Effective January 1, 2022, subsection (3) and
7 paragraph (i) of subsection (7) of section 626.2815, Florida
8 Statutes, are amended to read:
9 626.2815 Continuing education requirements.—
10 (3) Each licensee except a title insurance agent must
11 complete a 4-hour 5-hour update course every 2 years which is
12 specific to the license held by the licensee. The course must be
13 developed and offered by providers and approved by the
14 department. The content of the course must address all lines of
15 insurance for which examination and licensure are required and
16 include the following subject areas: insurance law updates,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

17 ethics for insurance professionals, disciplinary trends and case
18 studies, industry trends, premium discounts, determining
19 suitability of products and services, and other similar
20 insurance-related topics the department determines are relevant
21 to legally and ethically carrying out the responsibilities of
22 the license granted. A licensee who holds multiple insurance
23 licenses must complete an update course that is specific to at
24 least one of the licenses held. Except as otherwise specified,
25 any remaining required hours of continuing education are
26 elective and may consist of any continuing education course
27 approved by the department under this section.
28 (a) Except as provided in paragraphs (b), (c), (d), (e),
29 (i), and (j), each licensee must also complete 20 19 hours of
30 elective continuing education courses every 2 years.
31 (b) A licensee who has been licensed for 6 or more years
32 must also complete a minimum of 16 15 hours of elective
33 continuing education every 2 years.
34 (c) A licensee who has been licensed for 25 years or more
35 and is a CLU or a CPCU or has a Bachelor of Science degree in
36 risk management or insurance with evidence of 18 or more
37 semester hours in insurance-related courses must also complete a
38 minimum of 6 5 hours of elective continuing education courses
39 every 2 years.
40 (d) An individual who holds a license as a customer
41 representative and who is not a licensed life or health agent
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

42 must also complete a minimum of 6 5 hours of continuing
43 education courses every 2 years.
44 (e) An individual subject to chapter 648 must complete the
45 4-hour 5-hour update course and a minimum of 10 9 hours of
46 elective continuing education courses every 2 years.
47 (f) Elective continuing education courses for public
48 adjusters must be specifically designed for public adjusters and
49 approved by the department. Notwithstanding this subsection,
50 public adjusters for workers' compensation insurance or health
51 insurance are not required to take continuing education courses
52 pursuant to this section.
53 (g) Excess hours accumulated during any 2-year compliance
54 period may be carried forward to the next compliance period.
55 (h) An individual teaching an approved course of
56 instruction or lecturing at any approved seminar and attending
57 the entire course or seminar qualifies for the same number of
58 classroom hours as would be granted to a person taking and
59 successfully completing such course or seminar. Credit is
60 limited to the number of hours actually taught unless a person
61 attends the entire course or seminar. An individual who is an
62 official of or employed by a governmental entity in this state
63 and serves as a professor, instructor, or in another position or
64 office, the duties and responsibilities of which are determined
65 by the department to require monitoring and review of insurance

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

66 laws or insurance regulations and practices, is exempt from this
67 section.
68 (i) For compliance periods beginning on or after October
69 1, 2014, any person who holds a license as a title insurance
70 agent must complete a minimum of 10 hours of continuing
71 education credit every 2 years in title insurance and escrow
72 management specific to this state and approved by the
73 department, which must shall include at least 3 hours of
74 continuing education on the subject matter of ethics, rules, or
75 compliance with state and federal regulations relating
76 specifically to title insurance and closing services.
77 (j) For a licensee who is an active participant in an
78 association, 2 hours of elective continuing education credit per
79 calendar year may be approved by the department, if properly
80 reported by the association.
81 (7) The following courses may be completed in order to
82 meet the elective continuing education course requirements:
83 (i) Any part of the Claims and Litigation Management
84 Alliance (CLM) Universal Claims Certification (UCC) professional
85 designation: 20 19 hours of elective continuing education and 4
86 5 hours of the continuing education required under subsection
87 (3).
88 Section 15. Subsections (1) and (2) of section 626.371,
89 Florida Statutes, are amended to read:

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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No. 2

90 626.371 Payment of fees, taxes for appointment period
91 without appointment.—
92 (1) All initial and renewal appointments shall be
93 submitted to the department on a monthly basis no later than 45
94 days after the date of appointment and become effective on the
95 date requested on the appointment form.
96 (2)(a) If, upon application and qualification for an
97 initial or renewal appointment and such investigation as the
98 department may make, it appears to the department determines
99 that an individual has not been properly appointed to represent
100 an insurer or employer, that such individual who was formerly
101 licensed or is currently licensed, but not properly appointed to
102 represent an insurer or employer and that such individual who
103 has been actively engaged or is currently actively engaged as
104 such an appointee, but without being appointed as required, the
105 department shall may, if it finds that such failure to be
106 appointed was an inadvertent error on the part of the insurer or
107 employer so represented, notify the insurer or employer of its
108 finding and of the requirement to pay all fees and taxes due
109 pursuant to paragraph (b) within 21 days.
110 (b) The department may nevertheless issue or authorize the
111 issuance of the appointment upon the insurer's or employer's
112 timely payment to the department of as applied for but subject
113 to the condition that, before the appointment is issued, all
114 fees and taxes that which would have been due had the applicant
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

115 been properly so appointed during such current and prior
116 periods, including with applicable fees and taxes that would
117 have been due pursuant to s. 624.501 for such current and prior
118 periods of appointment, shall be paid to the department.
119 (c) Upon proper appointment of the individual and payment
120 of all fees and taxes due pursuant to paragraph (b), paragraph
121 (3)(a), and s. 624.501 by the insurer or employer, the
122 department may no longer consider the inadvertent failure to
123 appoint to be a violation of this code.
124 (d) If the insurer or employer does not pay the fees and
125 taxes due pursuant to paragraph (b) within 21 days after notice
126 by the department, the department shall suspend the insurer's or
127 employer's authority to appoint licensees until all outstanding
128 fees and taxes have been paid.
129 Section 16. Subsection (3) of section 626.7351, Florida
130 Statutes, is amended to read:
131 626.7351 Qualifications for customer representative's
132 license.—The department shall not grant or issue a license as
133 customer representative to any individual found by it to be
134 untrustworthy or incompetent, or who does not meet each of the
135 following qualifications:
136 (3) Within 4 years preceding the date that the application
137 for license was filed with the department, the applicant has
138 earned the designation of Accredited Advisor in Insurance (AAI),
139 Associate in General Insurance (AINS), or Accredited Customer
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

140 Service Representative (ACSR) from the Insurance Institute of
141 America; the designation of Certified Insurance Counselor (CIC)
142 from the Society of Certified Insurance Service Counselors; the
143 designation of Certified Professional Service Representative
144 (CPSR) from the National Foundation for CPSR; the designation of
145 Certified Insurance Service Representative (CISR) from the
146 Society of Certified Insurance Service Representatives; the
147 designation of Certified Insurance Representative (CIR) from
148 All-Lines Training; the designation of Professional Customer
149 Service Representative (PCSR) from the Professional Career
150 Institute; the designation of Insurance Customer Service
151 Representative (ICSR) from Statewide Insurance Associates LLC;
152 the designation of Registered Customer Service Representative
153 (RCSR) from a regionally accredited postsecondary institution in
154 the state whose curriculum is approved by the department and
155 includes comprehensive analysis of basic property and casualty
156 lines of insurance and testing which demonstrates mastery of the
157 subject; or a degree from an accredited institution of higher
158 learning approved by the department when the degree includes a
159 minimum of 9 credit hours of insurance instruction, including
160 specific instruction in the areas of property, casualty, and
161 inland marine insurance. The department shall adopt rules
162 establishing standards for the approval of curriculum.
163 Section 17. Subsection (1) of section 626.8443, Florida
164 Statutes, is amended to read:
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Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

165 626.8443 Duration of suspension or revocation.—
166 (1) The department shall, in its order suspending a title
167 insurance agent's or agency's license or appointment or in its
168 order suspending the eligibility of a person to hold or apply
169 for such license or appointment, specify the period during which
170 the suspension is to be in effect, but such period may shall not
171 exceed 2 years 1 year. The license, or appointment, or
172 eligibility will shall remain suspended during the period so
173 specified, subject, however, to any rescission or modification
174 of the order by the department, or modification or reversal
175 thereof by the court, prior to expiration of the suspension
176 period. A license, appointment, or eligibility that which has
177 been suspended may not be reinstated except upon request for
178 such reinstatement, but the department may shall not grant such
179 reinstatement if it finds that the circumstance or circumstances
180 for which the license, appointment, and eligibility was
181 suspended still exist or are likely to recur.
182 Section 18. Paragraph (e) of subsection (1) of section
183 626.916, Florida Statutes, is amended to read:
184 626.916 Eligibility for export.—
185 (1) No insurance coverage shall be eligible for export
186 unless it meets all of the following conditions:
187 (e) For personal residential property risks, the retail or
188 producing agent must advise the insured in writing that coverage
189 may be available and may be less expensive from Citizens
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

190 Property Insurance Corporation. The notice must include other
191 information that states that assessments by Citizens Property
192 Insurance Corporation are higher and the coverage provided by
193 Citizens Property Insurance Corporation may be less than the
194 property's existing coverage. If the notice is signed by the
195 insured, it is presumed that the insured has been informed and
196 knows that policies from Citizens Property Insurance Corporation
197 may be less expensive, may provide less coverage, and will be
198 accompanied by higher assessments.
199 Section 19. Paragraph (e) is added to subsection (1) of
200 section 626.9551, Florida Statutes, to read:
201 626.9551 Favored agent or insurer; coercion of debtors.—
202 (1) No person may:
203 (e) Require an insurance agent or agency to directly or
204 indirectly provide the replacement cost estimator or other
205 underwriting information of an insurer underwriting an insurance
206 policy covering real property, as a condition precedent or
207 condition subsequent to the lending of money or extension of
208 credit to be secured by real property, when such information is
209 the proprietary business information of an insurer, as defined
210 in s. 624.4212(1), nor may an agent or agency provide this
211 information.
212 Section 20. Subsections (4) through (10) of section
213 627.715, Florida Statutes, are renumbered as subsections (5)

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Amendment No. 2

214 through (11), respectively, and a new subsection (4) is added to
215 that section, to read:
216 627.715 Flood insurance.—An authorized insurer may issue
217 an insurance policy, contract, or endorsement providing personal
218 lines residential coverage for the peril of flood or excess
219 coverage for the peril of flood on any structure or the contents
220 of personal property contained therein, subject to this section.
221 This section does not apply to commercial lines residential or
222 commercial lines nonresidential coverage for the peril of flood.
223 An insurer may issue flood insurance policies, contracts,
224 endorsements, or excess coverage on a standard, preferred,
225 customized, flexible, or supplemental basis.
226 (4) An agent may export a contract or an endorsement
227 providing flood coverage to an eligible surplus lines insurer
228 without making a diligent effort to seek such coverage from
229 three or more authorized insurers under s. 626.916(1)(a).
230 Section 21. Subsection (3) of section 633.102, Florida
231 Statutes, is amended to read:
232 633.102 Definitions.—As used in this chapter, the term:
233 (3)(a) "Contractor I" means a contractor whose business
234 includes the execution of contracts requiring the ability to lay
235 out, fabricate, install, inspect, alter, repair, and service all
236 types of fire protection systems, excluding preengineered
237 systems.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

238 (b) "Contractor II" means a contractor whose business is
239 limited to the execution of contracts requiring the ability to
240 lay out, fabricate, install, inspect, alter, repair, and service
241 water sprinkler systems, water spray systems, foam-water
242 sprinkler systems, foam-water spray systems, standpipes,
243 combination standpipes and sprinkler risers, all piping that is
244 an integral part of the system beginning at the point of service
245 as defined in this section, sprinkler tank heaters, air lines,
246 thermal systems used in connection with sprinklers, and tanks
247 and pumps connected thereto, excluding preengineered systems.
248 (c) "Contractor III" means a contractor whose business is
249 limited to the execution of contracts requiring the ability to
250 fabricate, install, inspect, alter, repair, and service carbon
251 dioxide systems, foam extinguishing systems, dry chemical
252 systems, and Halon and other chemical systems, excluding
253 preengineered systems.
254 (d) "Contractor IV" means a contractor whose business is
255 limited to the execution of contracts requiring the ability to
256 lay out, fabricate, install, inspect, alter, repair, and service
257 automatic fire sprinkler systems for detached one-family
258 dwellings, detached two-family dwellings, and mobile homes,
259 excluding preengineered systems and excluding single-family
260 homes in cluster units, such as apartments, condominiums, and
261 assisted living facilities or any building that is connected to

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

262 other dwellings. A Contractor IV is limited to the scope of
263 practice specified in NFPA 13D.
264 (e) "Contractor V" means a contractor whose business is
265 limited to the execution of contracts requiring the ability to
266 fabricate, install, inspect, alter, repair, and service the
267 underground piping for a fire protection system using water as
268 the extinguishing agent beginning at the point of service as
269 defined in this act and ending no more than 1 foot above the
270 finished floor.
271
272 The definitions in This subsection may not be construed to
273 include engineers or architects within the defined terms and
274 does do not limit or prohibit a licensed fire protection
275 engineer or architect with fire protection design experience
276 from designing any type of fire protection system. A distinction
277 is made between system design concepts prepared by the design
278 professional and system layout as defined in this section and
279 typically prepared by the contractor. However, a person
280 certified as a Contractor I or, Contractor II, or Contractor IV
281 under this chapter may design new fire protection systems of 49
282 or fewer sprinklers;, and may design the alteration of an
283 existing fire sprinkler system if the alteration consists of the
284 relocation, addition, or deletion of not more than 49 or fewer
285 sprinklers, notwithstanding the size of the existing fire
286 sprinkler system; or may design the alteration of an existing
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

287 fire sprinkler system if the alteration consists of the
288 relocation or deletion of 249 or fewer sprinklers,
289 notwithstanding the size of the existing fire sprinkler system,
290 if there is no change of occupancy, as defined in the Florida
291 Building Code and the Florida Fire Prevention Code, of the
292 affected areas and there is no change in the water demand as
293 defined in NFPA 13, "Standard for the Installation of Sprinkler
294 Systems," and if the occupancy hazard classification as defined
295 in NFPA 13 is reduced or remains the same as a result of the
296 alteration. Conflicts between the Florida Building Code and the
297 Florida Fire Prevention Code shall be resolved pursuant to s.
298 553.73(1)(d). A person certified as a Contractor I, Contractor
299 II, or Contractor IV may design or alter a fire protection
300 system, the scope of which complies with NFPA 13D, "Standard for
301 the Installation of Sprinkler Systems in One- and Two-Family
302 Dwellings and Manufactured Homes," as adopted by the State Fire
303 Marshal, notwithstanding the number of fire sprinklers.
304 Contractor-developed plans may not be required by any local
305 permitting authority to be sealed by a registered professional
306 engineer.
307 Section 22. Section 633.136, Florida Statutes, is amended
308 to read:
309 633.136 Fire and Emergency Incident Information Reporting
310 Program; duties; fire reports.—

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

311 (1)(a) The Fire and Emergency Incident Information
312 Reporting Program is created within the division. The program
313 shall:
314 1. Establish and maintain an electronic communication
315 system capable of transmitting fire and emergency incident
316 information to and between fire service providers protection
317 agencies.
318 2. Initiate a Fire and Emergency Incident Information
319 Reporting System that is shall be responsible for:
320 a. Receiving fire and emergency incident information from
321 fire service providers protection agencies.
322 b. Preparing and disseminating annual reports to the
323 Governor, the President of the Senate, the Speaker of the House
324 of Representatives, fire service providers protection agencies,
325 and, upon request, the public. Each report must shall include,
326 but not be limited to, the information listed in the National
327 Fire Incident Reporting System.
328 c. Upon request, providing other states and federal
329 agencies with fire and emergency incident data of this state.
330 3. Adopt rules to effectively and efficiently implement,
331 administer, manage, maintain, and use the Fire and Emergency
332 Incident Information Reporting Program. The rules shall be
333 considered minimum requirements and may shall not preclude a
334 fire service provider protection agency from implementing its

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

335 own requirements that which may not conflict with the rules of
336 the division.
337 4. By rule, establish procedures and a format for each
338 fire service provider protection agency to voluntarily monitor
339 its records and submit reports to the program.
340 5. Maintain Establish an electronic information database
341 that is accessible and searchable by fire service providers
342 protection agencies.
343 (b) The division shall consult with the Florida Forest
344 Service of the Department of Agriculture and Consumer Services
345 and the State Surgeon General of the Department of Health to
346 coordinate data, ensure accuracy of the data, and limit
347 duplication of efforts in data collection, analysis, and
348 reporting.
349 (2) The Fire and Emergency Incident Information System
350 Technical Advisory Panel is created within the division. The
351 panel shall advise, review, and recommend to the State Fire
352 Marshal with respect to the requirements of this section. The
353 membership of the panel consists shall consist of the following
354 15 members:
355 (a) The current 13 members of the Firefighters Employment,
356 Standards, and Training Council as established in s. 633.402.
357 (b) One member from the Florida Forest Service of the
358 Department of Agriculture and Consumer Services, appointed by
359 the director of the Florida Forest Service.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

360 (c) One member from the Department of Health, appointed by
361 the State Surgeon General.
362 (3) As used in For the purpose of this section, the term
363 "fire service provider" has the same meaning as in s. 633.102
364 "fire protection agency" shall be defined by rule by the
365 division.
366 Section 23. Subsection (18) of section 633.202, Florida
367 Statutes, is amended to read:
368 633.202 Florida Fire Prevention Code.—
369 (18) The authority having jurisdiction shall determine the
370 minimum radio signal strength for fire department communications
371 in all new high-rise and existing high-rise buildings. Existing
372 buildings are not required to comply with minimum radio strength
373 for fire department communications and two-way radio system
374 enhancement communications as required by the Florida Fire
375 Prevention Code until January 1, 2025 2022. However, by January
376 1, 2024 December 31, 2019, an existing building that is not in
377 compliance with the requirements for minimum radio strength for
378 fire department communications must apply for an appropriate
379 permit for the required installation with the local government
380 agency having jurisdiction and must demonstrate that the
381 building will become compliant by January 1, 2025 2022. Existing
382 apartment buildings are not required to comply until January 1,
383 2025. However, existing apartment buildings are required to

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 2

384 apply for the appropriate permit for the required communications
385 installation by January 1, 2024 December 31, 2022.
386 -----------------------------------------------------
387 T I T L E A M E N D M E N T
388 Remove lines 101-104 and insert:
389 extending a deadline for certain buildings to apply
390 for a specified permit; creating s. 633.217, F.S.;

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 3

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 Rommel offered the following:
3
4 Amendment (with directory and title amendments)
5 Between lines 718 and 719, insert:
6 (3)(a) Subsection (1) does not apply to wet marine and
7 transportation or aviation risks which are subject to
8 s. 626.917.

9 (b) Paragraphs (1)(a)-(d) do not apply to classes of
10 insurance which are related to indemnity of deductibles for
11 property insurance or are subject to s. 627.062(3)(d)1. These
12 classes may be exportable under the following conditions:
13 1. The insurance must be placed only by or through a
14 surplus lines agent licensed in this state;
15 2. The insurer must be made eligible under s. 626.918; and
16 3. The insured must sign a disclosure that substantially
17 provides the following: “You are agreeing to place coverage in
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1209 (2021)
Amendment No. 3

18 the surplus lines market. Superior coverage may be available in
19 the admitted market and at a lesser cost. Persons insured by
20 surplus lines carriers are not protected under the Florida
21 Insurance Guaranty Act with respect to any right of recovery for
22 the obligation of an insolvent unlicensed insurer.” If the
23 notice is signed by the insured, the insured is presumed to have
24 been informed and to know that other coverage may be available,
25 and, with respect to the diligent-effort requirement under
26 subsection (1), there is no liability on the part of, and no
27 cause of action arises against, the retail agent presenting the
28 form.
29
30 -----------------------------------------------------
31 D I R E C T O R Y A M E N D M E N T
32 Remove lines 702-703 and insert:
33 Section 18. Paragraph (e) of subsection (1) and paragraph
34 (b) of subsection (3) of section 626.916, Florida Statutes, are
35 amended to read:
36
37 -----------------------------------------------------
38 T I T L E A M E N D M E N T
39 Remove line 79 and insert:
40 for export under the Surplus Lines Law; establishing conditions
41 under which coverage for indemnity of property insurance
42 deductibles may be exported to surplus lines; amending s.

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Page 2 of 2
CS/HB 1289
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1289 Autonomous Vehicles
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, McFarland
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1620

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 17 Y, 0 N, As CS Johnson Keating

2) Commerce Committee Johnson Hamon

SUMMARY ANALYSIS
Current Florida law defines and provides requirements and restrictions applicable to autonomous vehicles and
low-speed vehicles. Federal law defines a “low-speed vehicle” as a motor vehicle:
 That is 4-wheeled,
 Whose speed attainable in 1 mile is more than 20 miles per hour and not more than 25 miles per hour
on a paved level surface, and
 Whose gross vehicle weight rating is less than 3,000 pounds.

The bill defines the term “low-speed autonomous delivery vehicle” (LSADV) as a fully autonomous vehicle that
meets the current federal definition of low-speed vehicle. The bill authorizes LSADVs to operate only on streets
or roads with a posted speed limit of 35 miles per hour or less but does not prohibit such vehicles from
crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35
miles per hour. An LSADV may operate on a street or road with a posted speed limit of more than 35 miles per
hour, but no more than 45 miles per hour, under certain conditions.

The bill provides equipment requirements for LSADVs and provides that these requirements are superseded
by any conflicting federal regulations. The bill also provides minimum insurance requirements, which are the
same as those currently in law for autonomous vehicles. The bill provides that any motor vehicle equipment
laws or regulations relating to or supporting motor vehicle operation by a human driver but not relevant for an
automated driving system are inapplicable to fully autonomous vehicles designed to be operated exclusively by
the automated driving system for all trips.

The fiscal impact of the bill is indeterminate because the number of LSADVs that will be deployed in Florida is
unknown and registration and titling requirements are not clearly provided in the bill. If LSADVs are required to
be registered and titled, the state likely will see an insignificant positive fiscal impact.

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:
Current Situation

Florida Autonomous Vehicle Law
Florida law defines the term “autonomous vehicle” as any vehicle equipped with an automated driving
system.1

Under Florida law, a fully autonomous vehicle may operate regardless of whether a human operator, or
any human at all, is physically present in the vehicle. For purposes of state uniform traffic control,2 the
automated driving system, when engaged, is deemed the operator of an autonomous vehicle,
regardless of whether a person is physically present in the vehicle while the vehicle is operating with
the automated driving system engaged.3 If the autonomous vehicle is fully autonomous, it must be able
to achieve a minimal risk condition4 if a failure of the automated driving system occurs which renders
that system unable to perform the entire dynamic driving task relevant to its intended operational
design domain.5,6

A driver’s license is not required when a fully autonomous vehicle is operated with the automated
driving system engaged and without a human operator.7 In current law, there is no statute specific to
the registration of autonomous vehicles; however, autonomous vehicle owners pay the same license
tax as owners of other vehicles, generally based on vehicle type and weight.8 A fully autonomous
vehicle with the automated driving system engaged while logged on to an on-demand autonomous
vehicle network or engaged in a prearranged ride must be covered by a policy of automobile insurance
which provides:
 Primary liability coverage of at least $1 million for death, bodily injury, and property damage.
 Minimum personal injury protection benefits required under current law.
 Uninsured and underinsured vehicle coverage.9

An autonomous vehicle or a fully autonomous vehicle equipped with a teleoperation system10 may
operate without a human operator physically present in the vehicle when the teleoperation system is
engaged and, if so equipped, is exempt from certain laws applicable to vehicle drivers, such as the duty
to provide information and render reasonable assistance in a crash, the duty to give notice of the crash
to appropriate law enforcement, and the prohibition against leaving an unattended motor vehicle
without first setting the brake.11

1 S. 316.003(3)(a), F.S. Section 316.003(3), F.S., defines the term “automated driving system” as the hardware and software that are

collectively capable of performing the entire dynamic driving task of an autonomous vehicle on a sustained basis, regardless of whether
it is limited to a specific operational design domain.
2 Ch. 316, F.S.
3 S. 316.85, F.S.
4 Section 319.145(2), F.S., defines the term “minimal risk condition” as a reasonably safe state, such as bringing the vehicle to a

complete stop and activating the vehicle's hazard lamps.
5 Section 316.003(3)(d), F.S., defines the term “operational design domain” as a description of the specific operating domain in which

an automated driving system is designed to properly operate, including, but not limited to, roadway types, speed ranges, environmental
conditions such as weather and time of day, and other domain constraints.
6 S. 319.145, F.S.
7 S. 322.015, F.S.
8 See s. 320.08, F.S.
9 S. 627.749(2)(a), F.S.
10 Section 316.003(90), F.S., defines the term “teleoperation system” as the hardware and software installed in a motor vehicle which

allow a remote human operator to supervise or perform aspects of, or the entirety of, the dynamic driving task. The term “remote human
operator” means a natural person who is not physically present in a vehicle equipped with an automated driving system who engages
or monitors the vehicle from a remote location. A remote human operator may have the ability to perform aspects of, or the entirety of,
the dynamic driving task for the vehicle or cause the vehicle to achieve a minimal risk condition as defined in s. 319.145(2), F.S. A
remote human operator must be physically present in the United States and be licensed to operate a motor vehicle by a United States
jurisdiction.
11 The exemptions are contained in ss. 316.062(5), 316.063(4), 316.065(5), 316.1975(3), and 316.303(1). F.S.

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An autonomous vehicle registered in this state must meet all of the following requirements:
 When required by federal law:
o Have been certified in accordance with federal regulations in 49 C.F.R. part 567 as
being in compliance with applicable federal motor vehicle safety standards.
o Bear the required certification label or labels including reference to any exemption
granted under applicable federal law.
 Be capable of being operated in compliance with the applicable traffic and motor vehicle laws of
this state, regardless of whether the vehicle is operating with the automated driving system
engaged.12

Florida and Federal Low-Speed Vehicle Laws
Federal law defines the term “low-speed vehicle” to mean a motor vehicle:
 That is 4-wheeled,
 Whose speed attainable in 1 mile is more than 20 miles per hour and not more than 25 miles
per hour on a paved level surface, and
 Whose gross vehicle weight rating is less than 3,000 pounds.13

Federal regulations require each low-speed vehicle to be equipped with certain safety equipment,
including various lamps, reflectors, mirrors, a windshield, vehicle identification number, seat belts and
an alert sound for pedestrians to detect and recognize the vehicle.14

Florida law defines the term “low-speed vehicle,” as any four-wheeled vehicle whose top speed is
greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to,
neighborhood electric vehicles. Low-speed vehicles must comply with the safety standards in 49 C.F.R.
s. 571.500 and s. 316.2122, F.S.15

Florida law authorizes the operation of a low-speed vehicle on any road in this state with the following
restrictions:
 A low-speed vehicle may be operated only on streets where the posted speed limit is 35 miles
per hour or less but is not prohibited from crossing a road or street at an intersection where the
road or street has a posted speed limit of more than 35 miles per hour.
 A low-speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps,
taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle
identification numbers.
 A low-speed vehicle must be registered, insured, and titled.
 Any person operating a low-speed vehicle or mini truck must have in his or her possession a
valid driver license.
 The Department of Transportation (DOT), counties, and municipalities, if necessary in the
interest of safety, may prohibit the operation of low-speed vehicles on any road under their
respective jurisdictions.16

For purposes of seasonal delivery personnel,17 a low-speed vehicle, under certain restrictions for
package size and weight, annually from October 15 through January 31 may operate on any public
road within a residential area with a posted speed limit of 35 miles per hour or less. The vehicle must
be:
 Marked in a conspicuous manner with the name of the delivery service;
 Equipped with, at a minimum, the equipment required under s. 316.212(6), F.S., which includes
a reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices
in both the front and rear.

12 S. 319.145(1), F.S.
13 49 C.F.R. s 571.3.
14 49 C.F.R. s. 571.500.
15 S. 320.01(41), F.S.
16 S. 316.2122, F.S.
17 Section 316.2126, F.S., defines the term “seasonal delivery personnel” as employees of a licensed commercial delivery service that

has at least 10,000 persons employed in this state.
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 Equipped with head lamps and tail lamps, in addition to the safety requirements in s.
316.212(6), F.S., if operated after sunset.18

The license tax for an electric low-speed vehicle is the same as that prescribed for any other vehicle,
generally based on vehicle type and weight.19 Low-speed vehicles must have a license plate that
complies with the requirements for standard motor vehicles of s. 320.06, F.S., relating to, among other
things, plate symbols and numbers, and renewal and replacement.

Low-Speed Autonomous Delivery Vehicles
Convenient delivery of goods to households is increasingly popular, particularly so in the current
pandemic. New types of vehicles designed specifically for such purposes are emerging. One such
vehicle is produced by Nuro, Inc., which is an autonomous delivery vehicle called the R2X.20 Nuro
indicates the vehicle is about half the width and weight of a typical car.21

The National Highway Traffic Safety Administration (NHTSA) has granted Nuro temporary exemptions
from three of the federal low-speed vehicle equipment requirements.
 The exterior and interior mirror requirements.
 The windshield glazing requirements.
 The rear visibility requirements (relating to backup camera “linger time”).22,23

The exemption was granted for two years under a number of terms and conditions and authorizes Nuro
to produce 2,500 of the exempted R2X vehicles during any 12-month period of the exemption, or a
maximum of 5,000 exempted vehicles over the full two-year period of the exemption. The exemption
expires on February 10, 2022.24

Effect of the Bill

The bill amends s. 316.003, F.S., to define the term “low-speed autonomous delivery vehicle,” (LSADV)
as a fully autonomous vehicle that meets the federal definition of a low-speed vehicle.

The bill authorizes an LSADV to operate on any road with the following restrictions:
 An LSADV may operate only on streets or roads where the posted speed limit is 35 miles per
hour or less, but is not prohibited from crossing a road or street at an intersection where the
road or street has a posted speed limit of more than 35 miles per hour.
 An LSADV may operate on a street or road with a posted speed limit of more than 35 miles per
hour, but no more than 45 miles per hour, if:
o The vehicle travels no more than 1 continuous mile on such a street or road, but the
vehicle may travel in excess of 1 continuous mile if authorized by the entity with
jurisdiction over the street or road;
o The vehicle operates exclusively in the right lane, other than for the purpose of
completing a turn; and
o On a two-lane street or road where overtaking and passing another vehicle is unsafe
because of traffic moving in the opposite direction or because of other unsafe conditions,
and five or more vehicles are formed in a line behind the LSADV, the LSADV must exit

18 S. 316.2126(3), F.S.
19 Section 320.08, F.S., provides the statutory license tax based on vehicle type and weight.
20 See Nuro, About,: https://nuro.ai/about (last visited Mar. 24, 2021).
21 See Nuro, Delivery Safety: Nuro’s Approach, p. 9,

https://static1.squarespace.com/static/57bcb0e02994ca36c2ee746c/t/5b9a00848a922d8eaecf65a2/1536819358607/delivering_safety_
nuros_approach.pdf (last visited Mar. 24, 2021).
22 Back-up camera linger time is how long that the image from the back-up camera must remain on the screen.

https://www.cnet.com/roadshow/news/u-s-requiring-back-up-cameras-in-cars-by-
2018/#:~:text=For%20linger%20time%2C%20NHTSA%20mandates,a%20trailer%20or%20parallel%20parking. (last visited Mar. 29,
2021).
23 See Federal Register, Volume 85, No. 28, Tuesday, February 11, 2020, available at Federal Register : Nuro, Inc.; Grant of

Temporary Exemption for a Low-Speed Vehicle With an Automated Driving System
https://www.federalregister.gov/documents/2020/02/11/2020-02668/nuro-inc-grant-of-temporary-exemption-for-a-low-speed-vehicle-
with-an-automated-driving-system (last visited Mar. 24, 2021).
24 Id.

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the roadway wherever a sufficient area for a safe turn-out exists, to permit the vehicles
following to proceed.

An LSADV must be equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex
reflectors, and vehicle identification numbers. This provision conflicts with the federal equipment
requirements25 for low-speed vehicles discussed above. However, the bill provides that federal
regulations adopted by NHTSA supersede this provision. Thus, only those LSADVs that comply with
the federal equipment requirements or are granted an exemption from the requirements are authorized
to operate under the restrictions in the bill.

An LSADV must also be equipped with a seatbelt if it is designed to transport humans.

An LSADV must be covered by a policy of automobile insurance providing the following coverage,
which is the same as required for an autonomous vehicle:
 Primary liability coverage of at least $1 million for death, bodily injury, and property damage.
 Minimum personal injury protection benefits required under current law.
 Uninsured and underinsured vehicle coverage.26

The above coverage requirements may be satisfied by automobile insurance maintained by the owner
of the LSADV, the owner of the teleoperation system, the remote human operator, or a combination
thereof.

The bill amends s. 316.215, F.S., making the provisions of any motor vehicle equipment laws or
regulations of this state, relating to or supporting motor vehicle operation by a human driver but not
relevant for an automated driving system, inapplicable to fully autonomous vehicles designed to be
operated exclusively by the automated driving system for all trips.

The bill has an effective date of July 1, 2021.

B. SECTION DIRECTORY:
Section 1 Amends s. 316.003, F.S., providing definitions.

Section 2 Amends s. 316.2122, F.S., relating to the operation of a low speed vehicle, mini truck, or low
speed autonomous delivery vehicle on certain roadways.

Section 3 Amends s. 316.215, F.S., relating to scope and effect of regulation.

Sections 4-5 Amends ss. 316.306 and 655.960, F.S., to conform cross-references.

Section 6 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.

25 49 C.F.R. s. 571.500.
26 S. 627.749(2)(a), F.S.

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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
The fiscal impact of the bill is indeterminate because the number of LSADVs that will be deployed in
Florida is unknown. The bill is not clear as to whether LSADVs will need to be registered and titled. If
LSADVs are required to be registered and titled, the state will likely see an insignificant positive fiscal
impact.

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide a grant of rulemaking, nor does it require rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
According to DOT, LSADVs meet the definition of “low-speed vehicle” in Florida law.27 Section
316.2126(3)(f), F.S., places seasonal and package size and weight restrictions on the use of low speed
vehicles by seasonal delivery personnel. The bill is not clear as to whether or not these restrictions and
other restrictions regarding low-speed vehicles would apply to LSADVs.28

The bill is not clear as to whether LSADVs are required to be registered and titled with the Department
of Highway Safety and Motor Vehicles and pay the appropriate license tax.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On April 1, 2021, the Tourism, Infrastructure & Energy Subcommittee adopted two amendments and
reported the bill favorably as a committee substitute. The first amendment requires seatbelts in LSADVs
designed to transport humans. The second amendment provides minimum insurance coverage

27 Section 320.01(41), F.S., defines the term “low-speed vehicle” as any four-wheeled vehicle whose top speed is greater than 20 miles

per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles. Low-speed vehicles must
comply with the safety standards in 49 C.F.R. s. 571.500 and s. 316.2122, F.S.
28 Department of Transportation, Agency Analysis of 2021 House Bill 1289, p. 5. (Feb. 25, 2021).

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requirements for LSADVs that are identical to those contained in current law for “autonomous vehicles” and
establishes how those requirements can be met.

This analysis is drafted to the committee substitute as approved by the Tourism, Infrastructure & Energy
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 1289 2021

1 A bill to be entitled
2 An act relating to autonomous vehicles; amending s.
3 316.003, F.S.; defining the term "low-speed autonomous
4 delivery vehicle"; amending s. 316.2122, F.S.;
5 authorizing the operation of a low-speed autonomous
6 delivery vehicle on certain streets and roads;
7 providing construction; authorizing the operation of a
8 low-speed autonomous delivery vehicle on streets or
9 roads with a posted speed limit of up to 45 miles per
10 hour under specified conditions; providing
11 requirements for low-speed autonomous delivery
12 vehicles; amending s. 316.215, F.S.; providing that
13 certain fully autonomous vehicles are not subject to
14 certain provisions of law or regulations; amending ss.
15 316.306 and 655.960, F.S.; conforming cross-
16 references; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsections (38) through (105) of section
21 316.003, Florida Statutes, are renumbered as subsections (39)
22 through (106), respectively, present subsection (62) is amended,
23 and a new subsection (38) is added to that section, to read:
24 316.003 Definitions.—The following words and phrases, when
25 used in this chapter, shall have the meanings respectively

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26 ascribed to them in this section, except where the context
27 otherwise requires:
28 (38) LOW-SPEED AUTONOMOUS DELIVERY VEHICLE.—A fully
29 autonomous vehicle that meets the definition of a low-speed
30 vehicle in 49 C.F.R. s. 571.3.
31 (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
32 provided in paragraph (85)(b) (84)(b), any privately owned way
33 or place used for vehicular travel by the owner and those having
34 express or implied permission from the owner, but not by other
35 persons.
36 Section 2. Section 316.2122, Florida Statutes, is amended
37 to read:
38 316.2122 Operation of a low-speed vehicle, or mini truck,
39 or low-speed autonomous delivery vehicle on certain roadways.—
40 (1) The operation of a low-speed vehicle as defined in s.
41 320.01 or a mini truck as defined in s. 320.01 on any road is
42 authorized with the following restrictions:
43 (a)(1) A low-speed vehicle or mini truck may be operated
44 only on streets where the posted speed limit is 35 miles per
45 hour or less. This does not prohibit a low-speed vehicle or mini
46 truck from crossing a road or street at an intersection where
47 the road or street has a posted speed limit of more than 35
48 miles per hour.
49 (b)(2) A low-speed vehicle must be equipped with
50 headlamps, stop lamps, turn signal lamps, taillamps, reflex

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CS/HB 1289 2021

51 reflectors, parking brakes, rearview mirrors, windshields, seat
52 belts, and vehicle identification numbers.
53 (c)(3) A low-speed vehicle or mini truck must be
54 registered and insured in accordance with s. 320.02 and titled
55 pursuant to chapter 319.
56 (d)(4) Any person operating a low-speed vehicle or mini
57 truck must have in his or her possession a valid driver license.
58 (2) The operation of a low-speed autonomous delivery
59 vehicle on any road is authorized with the following
60 restrictions:
61 (a) A low-speed autonomous delivery vehicle may operate
62 only on streets or roads where the posted speed limit is 35
63 miles per hour or less. This paragraph does not prohibit a low-
64 speed autonomous delivery vehicle from crossing a road or street
65 at an intersection where the road or street has a posted speed
66 limit of more than 35 miles per hour.
67 (b) A low-speed autonomous delivery vehicle may operate on
68 a street or road with a posted speed limit of more than 35 miles
69 per hour, but no more than 45 miles per hour, if:
70 1. The low-speed autonomous delivery vehicle travels no
71 more than 1 continuous mile on such a street or road, except
72 that the vehicle may travel in excess of 1 continuous mile if
73 authorized by the entity with jurisdiction over the street or
74 road;
75 2. The low-speed autonomous delivery vehicle operates

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CS/HB 1289 2021

76 exclusively in the right lane, other than for the purpose of
77 completing a turn; and
78 3. On a two-lane street or road where overtaking and
79 passing another vehicle is unsafe because of traffic moving in
80 the opposite direction or because of other unsafe conditions,
81 and five or more vehicles are formed in a line behind the
82 autonomous delivery vehicle, the low-speed autonomous delivery
83 vehicle exits the roadway wherever a sufficient area for a safe
84 turn-out exists, to permit the vehicles following to proceed.
85 (c) A low-speed autonomous delivery vehicle must be
86 equipped with headlamps, stop lamps, turn signal lamps,
87 taillamps, reflex reflectors, and vehicle identification
88 numbers.
89 (d) A low-speed autonomous delivery vehicle must be
90 equipped with seatbelts if such vehicle is designed to transport
91 persons.
92 (e) Federal regulations adopted by the National Highway
93 Traffic Safety Administration shall supersede this subsection
94 when found to be in conflict with this subsection.
95 (f) A low-speed autonomous delivery vehicle must be
96 covered by a policy of automobile insurance which provides the
97 coverage required by s. 627.749(2)(a)1., 2., and 3. The coverage
98 requirements of this paragraph may be satisfied by automobile
99 insurance maintained by the owner of a low-speed autonomous
100 delivery vehicle, the owner of the teleoperation system, the

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101 remote human operator, or a combination thereof.
102 (3)(5) A county or municipality may prohibit the operation
103 of low-speed vehicles or mini trucks on any road under its
104 jurisdiction if the governing body of the county or municipality
105 determines that such prohibition is necessary in the interest of
106 safety.
107 (4)(6) The Department of Transportation may prohibit the
108 operation of low-speed vehicles or mini trucks on any road under
109 its jurisdiction if it determines that such prohibition is
110 necessary in the interest of safety.
111 Section 3. Subsection (6) of section 316.215, Florida
112 Statutes, is renumbered as subsection (7), a new subsection (6)
113 is added to that section, and present subsection (6) is
114 republished, to read:
115 316.215 Scope and effect of regulations.—
116 (6) The provisions of any motor vehicle equipment laws or
117 regulations of this state which relate to or support motor
118 vehicle operation by a human driver but are not relevant for an
119 automated driving system shall not apply to fully autonomous
120 vehicles that are designed to be operated exclusively by the
121 automated driving system for all trips.
122 (7)(6) A violation of this section is a noncriminal
123 traffic infraction, punishable as a nonmoving violation as
124 provided in chapter 318.
125 Section 4. Paragraph (a) of subsection (3) of section

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126 316.306, Florida Statutes, is amended to read:
127 316.306 School and work zones; prohibition on the use of a
128 wireless communications device in a handheld manner.—
129 (3)(a)1. A person may not operate a motor vehicle while
130 using a wireless communications device in a handheld manner in a
131 designated school crossing, school zone, or work zone area as
132 defined in s. 316.003(106) s. 316.003(105). This subparagraph
133 shall only be applicable to work zone areas if construction
134 personnel are present or are operating equipment on the road or
135 immediately adjacent to the work zone area. For the purposes of
136 this paragraph, a motor vehicle that is stationary is not being
137 operated and is not subject to the prohibition in this
138 paragraph.
139 2.a. During the period from October 1, 2019, through
140 December 31, 2019, a law enforcement officer may stop motor
141 vehicles to issue verbal or written warnings to persons who are
142 in violation of subparagraph 1. for the purposes of informing
143 and educating such persons of this section. This sub-
144 subparagraph shall stand repealed on October 1, 2020.
145 b. Effective January 1, 2020, a law enforcement officer
146 may stop motor vehicles and issue citations to persons who are
147 driving while using a wireless communications device in a
148 handheld manner in violation of subparagraph 1.
149 Section 5. Subsection (1) of section 655.960, Florida
150 Statutes, is amended to read:

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151 655.960 Definitions; ss. 655.960-655.965.—As used in this
152 section and ss. 655.961-655.965, unless the context otherwise
153 requires:
154 (1) "Access area" means any paved walkway or sidewalk
155 which is within 50 feet of any automated teller machine. The
156 term does not include any street or highway open to the use of
157 the public, as defined in s. 316.003(85)(a) or (b) s.
158 316.003(84)(a) or (b), including any adjacent sidewalk, as
159 defined in s. 316.003.
160 Section 6. This act shall take effect July 1, 2021.

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COMMERCE COMMITTEE

CS/HB 1289 by Rep. McFarland
AUTONOMOUS VEHICLES

AMENDMENT SUMMARY
APRIL 14, 2021

Amendment 1 by Rep. McFarland (Line 28):
• Provides that a low-speed autonomous delivery vehicle is not designed for, or
capable of, human occupancy.
• Removes a provision requiring low-speed autonomous delivery vehicles to be
equipped with seatbelts.

Amendment 2 by Rep. McFarland (Line 124)
• Clarifies that low-speed autonomous delivery vehicles are not subject to certain
statutory provisions applicable to low-speed vehicles, including provisions related
to seasonal deliveries and driver license requirements.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1289 (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 McFarland offered the following:
3
4 Amendment
5 Remove lines 28-95 and insert:
6 (38) LOW-SPEED AUTONOMOUS DELIVERY VEHICLE.—A fully
7 autonomous vehicle that meets the definition of a low-speed
8 vehicle in 49 C.F.R. s. 571.3., and is not designed for, or
9 capable of, human occupancy.
10 (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
11 provided in paragraph (85)(b) (84)(b), any privately owned way
12 or place used for vehicular travel by the owner and those having
13 express or implied permission from the owner, but not by other
14 persons.
15 Section 2. Section 316.2122, Florida Statutes, is amended
16 to read:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1289 (2021)
Amendment No. 1

17 316.2122 Operation of a low-speed vehicle, or mini truck,
18 or low-speed autonomous delivery vehicle on certain roadways.—
19 (1) The operation of a low-speed vehicle as defined in s.
20 320.01 or a mini truck as defined in s. 320.01 on any road is
21 authorized with the following restrictions:
22 (a)(1) A low-speed vehicle or mini truck may be operated
23 only on streets where the posted speed limit is 35 miles per
24 hour or less. This does not prohibit a low-speed vehicle or mini
25 truck from crossing a road or street at an intersection where
26 the road or street has a posted speed limit of more than 35
27 miles per hour.
28 (b)(2) A low-speed vehicle must be equipped with
29 headlamps, stop lamps, turn signal lamps, taillamps, reflex
30 reflectors, parking brakes, rearview mirrors, windshields, seat
31 belts, and vehicle identification numbers.
32 (c)(3) A low-speed vehicle or mini truck must be
33 registered and insured in accordance with s. 320.02 and titled
34 pursuant to chapter 319.
35 (d)(4) Any person operating a low-speed vehicle or mini
36 truck must have in his or her possession a valid driver license.
37 (2) The operation of a low-speed autonomous delivery
38 vehicle on any road is authorized with the following
39 restrictions:
40 (a) A low-speed autonomous delivery vehicle may operate
41 only on streets or roads where the posted speed limit is 35
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1289 (2021)
Amendment No. 1

42 miles per hour or less. This paragraph does not prohibit a low-
43 speed autonomous delivery vehicle from crossing a road or street
44 at an intersection where the road or street has a posted speed
45 limit of more than 35 miles per hour.
46 (b) A low-speed autonomous delivery vehicle may operate on
47 a street or road with a posted speed limit of more than 35 miles
48 per hour, but no more than 45 miles per hour, if:
49 1. The low-speed autonomous delivery vehicle travels no
50 more than 1 continuous mile on such a street or road, except
51 that the vehicle may travel in excess of 1 continuous mile if
52 authorized by the entity with jurisdiction over the street or
53 road;
54 2. The low-speed autonomous delivery vehicle operates
55 exclusively in the right lane, other than for the purpose of
56 completing a turn; and
57 3. On a two-lane street or road where overtaking and
58 passing another vehicle is unsafe because of traffic moving in
59 the opposite direction or because of other unsafe conditions,
60 and five or more vehicles are formed in a line behind the
61 autonomous delivery vehicle, the low-speed autonomous delivery
62 vehicle exits the roadway wherever a sufficient area for a safe
63 turn-out exists, to permit the vehicles following to proceed.
64 (c) A low-speed autonomous delivery vehicle must be
65 equipped with headlamps, stop lamps, turn signal lamps,
66 taillamps, reflex reflectors, and vehicle identification
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1289 (2021)
Amendment No. 1

67 numbers.
68 (d) Federal regulations adopted by the National Highway
69 Traffic Safety Administration shall supersede this subsection
70 when found to be in conflict with this subsection.
71 (e) A low-speed autonomous delivery vehicle must be

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1289 (2021)
Amendment No. 2

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 McFarland offered the following:
3
4 Amendment (with title amendment)
5 Between lines 124 and 125, insert:
6 Section 4. Subsection (5) is added to section 316.2126,
7 Florida Statutes, to read:
8 316.2126 Authorized use of golf carts, low-speed vehicles,
9 and utility vehicles.—
10 (5) This section does not apply to the use of low-speed
11 autonomous delivery vehicles.
12
13 -----------------------------------------------------
14 T I T L E A M E N D M E N T
15 Remove line 14 and insert:

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1289 (2021)
Amendment No. 2

16 certain provisions of law or regulations; amending s. 316.2126,
17 F.S.; providing that statutory provisions regarding the
18 authorized use of golf cars, low-speed vehicles and utility
19 vehicles are not applicable to low-speed autonomous delivery
20 vehicles; amending ss.

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HB 1313
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1313 Digital Driver Licenses and Identification Cards
SPONSOR(S): LaMarca
TIED BILLS: CS/HB 1315 IDEN./SIM. BILLS: SB 1324

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N Johnson Keating

2) Infrastructure & Tourism Appropriations 11 Y, 0 N Evans Davis
Subcommittee

3) Commerce Committee Johnson Hamon

SUMMARY ANALYSIS

The bill requires DHSMV to establish a secure and uniform system for issuing optional digital proofs of driver
licenses and identification cards. Under the bill, DHSMV may contract with one or more private entities to
develop an electronic credentialing system. The electronic credentialing system may not retain Internet
Protocol addresses, geolocation data, or other information that describes the location, computer, computer
system, or computer network from which a customer accesses the system.

The bill prohibits a private entity who contracts for data verification through an electronic credentialing system
with the DHSMV from storing, selling, or sharing personal information collected by scanning a digital proof of
driver license or identification card unless consent has been provided by the individual.

The bill provides that, notwithstanding any law prescribing the design for, or information required to be
displayed on, a driver license or identification card, a digital proof of driver license or identification may
comprise a limited profile that includes only information necessary to conduct a specific transaction on the
electronic credentialing system.

The bill also provides that a person may not be issued a digital proof of driver license or identification card until
he or she satisfies all requirements for issuance of the respective driver license or identification card and has
been issued a printed driver license or identification card. The bill establishes penalties for a person who
manufacturers or possesses a false digital identification card.

The bill does not appear to have an impact on state or local government revenues. The bill may have an
indeterminate, but likely insignificant fiscal impact on state and local government expenditures.

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:
Current Situation

Digital Driver License
A digital driver license comes in the form of a smart phone app protected by biometrics or a personal
identification number. Instead of handing over a physical license to a police officer or store clerk, an
individual could display the relevant information on his or her smart phone or send it electronically.1

Since 2012, the American Association of Motor Vehicle Administrators (AAMVA) has worked to develop
identity credential standards, cross-jurisdictional use, authentication, data privacy protection, and other
uses of digital driver licenses. AAMVA has collaborated with Underwriter Laboratories to establish
international guidelines and interoperability for industry leaders to test their digital driver license
solutions with one another.2

Since 2014, the Department of Highway Safety and Motor Vehicles (DHSMV) has been required to
prepare for the development of a secure and uniform system for issuing an optional digital proof of
driver license. DHSMV may contract with one or more private entities to develop a digital proof of driver
license system.3 The digital proof of driver license must be in such a format as to allow law
enforcement to verify the authenticity of the digital proof of driver license. DSHMV may adopt rules to
ensure valid authentication of digital driver licenses by law enforcement.4

A person may not be issued a digital proof of driver license in Florida until he or she has satisfied all of
the requirements for issuance of a physical driver license as provided in ch. 322, F.S.5

A person who:
 Manufactures a false digital proof of driver license commits a felony of the third degree.6
 Possesses a false digital proof of driver license commits a misdemeanor of the second degree.7

While the statute allows for the creation of a digital proof of driver license, it does not authorize the
creation of a digital identification card.

DHSMV’s Motorist Modernization Project is a multi-phased program to modernize its legacy
applications and processes. The Motorist Modernization Project has committed resources and
approved funding to procure a digital driver license solution as part of Phase II. The FY 2020-2021
appropriation for Motorist Modernization Phase II was $9,877,400. Of this amount, $400,000 was
allocated for digital driver license development.8

The digital driver license that DHSMV is developing includes a digital identification, which is a digital
representation of a person’s identity; however, the actual digital driver license is a digital representation
of a physical credential and driving privileges. The DHSMV has branded this effort as the “Florida
Smart ID” (Smart ID). Below is an overview of the Smart ID development timeline:
 Received legislative authority to implement in 2014

1
Veronica Combs, Mobile Driver's License Would Replace the Physical Card With a Digital Identity, Tech Republic, April 15, 2020,
https://www.techrepublic.com/article/mobile-drivers-license-would-replace-the-physical-card-with-a-digital-identity/ (last visited
March 11, 2021)
2
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1313, (March 5, 2021),
3
S. 322.032(1), F.S.
4
S. 322.032(2), F.S.
5
S. 322.032(3), F.S.
6
S. 322.032(4)(a), F.S.
7
S. 322.032(4)(b), F.S.
8
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1313, (March 5, 2021),
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 AAMVA standards completed in 2019
 Vendor awarded contract June 2020
 Started work July 2020
 Pilot program slated to start on March 25, 2021, and planned to run for 90 days.9

Florida Smart ID
Smart ID involves multiple interactions occurring between various system components, including a
Credential Service Provider (CSP),10 the Smart ID device, and an associated verifier device.

DHSMV has contracted with a vendor to start the development of Smart ID. As of February 2021, the
vendor anticipates completion of development and initiation of a pilot program by late March. The pilot
program will allow DHSMV to improve and optimize Smart ID and an associated verifier application
prior to the statewide launch.11

Law enforcement personnel verifying a Smart ID will have access only to driver license information that
the user consents to share, and no other information or data from the smart device will be displayed or
shared. The Florida Smart ID will display a QR/barcode that will show a law enforcement officer driver
license information when scanned by a verifier application. Businesses verifying a Smart ID will have
access only to age verification information that a user consents to share. No other information or data
from the smart device will be displayed or shared.12

DHSMV can remotely update a Smart ID to extend additional privileges (add an endorsement, change
classes of driver license), revoke privileges (suspend driver license), or remotely deactivate or wipe a
person’s credentials. Both the customer and a verifier application will be able to see when the Smart ID
was most recently updated.13

Effect of the Bill

The bill amends s. 322.032, F.S., to provide for both a digital proof of driver license (DL) and
identification card (ID card). The bill defines the terms “digital proof of driver license” and “digital proof
of identification card” as an electronic credential viewable on an electronic credentialing system.14

The bill directs DHSMV to establish a secure and uniform system for issuing an optional digital proof of
DL or ID card and authorizes DHSMV to contract with a vendor for the purpose of developing an
electronic credentialing system. As mentioned above, DHSMV has already begun the development of
the Florida Smart ID by contracting with a vendor. The bill prohibits the electronic credentialing system
from retaining internet protocol addresses, geolocation data, or other information which can reveal the
location, computer, computer system, or computer network which is used by a customer to access the
system.

The bill requires the digital DL and ID card to be in a format to allow for verification. The digital DL and
ID card may only consist of information necessary to conduct specific transactions in the electronic
credentialing system. The bill provides that any other law prescribing the design for, or information
required to be displayed on a DL or ID card, a digital proof of DL or ID card may comprise a limited

9
Id. at p. 3.
10
A Credential Service Provider (CSP) is a trusted entity that issues or registers subscriber tokens and issues electronic credentials to
subscribers. The CSP may encompass registration authorities and verifiers that it operates. A CSP may be an independent third party,
or may issue credentials for its own use. See National Information Technology Laboratory, Computer Security Resource Center,
https://csrc.nist.gov/glossary/term/credential_service_provider (last visited March 4, 2021).
11
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1313, (March 5, 2021),
12
Id.
13
Id.
14
The bill defines the term “electronic credentialing system” as a computer system accessed using a computer, a cellular telephone, or
any other personal device which queries DHSMV’s driver license and identification card records, displays or transmits digital proofs
of driver license and identification cards, and verifies the authenticity of those electronic credentials.
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profile,15 which includes only information necessary to conduct a specific transaction on the electronic
credentialing system.

The bill amends s. 322.14(1)(a), F.S., to require DHSMV to issue a printed DL to every qualified
applicant. The bill prohibits DHSMV from issuing a digital DL or ID card if the applicant is not eligible for
the issuance of a physical printed DL or ID card. The digital DL or ID card must be capable of
displaying current information from a DL record. For example, if a licensee’s driving privilege is
suspended, revoked, or disqualified, or if his or her DL is otherwise canceled or expired, a digital proof
of DL may not be issued. However, a digital proof of ID card may be issued if the licensee is otherwise
eligible for an ID card.16

The bill authorizes DHSMV to use a telephone number submitted by a licensee or cardholder in
connection with a digital DL or ID for purpose of communication regarding the electronic credential or
the motor vehicle records. The bill permits DHSMV to enter into a contract with a private entity to
conduct online data calls or offline data verification using the electronic credentialing system.

The bill prohibits any vendor contracted with DHSMV from storing, selling, or sharing any personal
information collected from scanning17 a digital DL or ID card. However, the bill allows individuals using
an electronic DL or ID card to consent to allow a private entity to collect and store such personal
information. The bill also requires the individual to be informed about what information is collected and
the purpose or purposes for which the information will be used. A private entity that violates this section
is subject to a civil penalty of up to $5,000 per occurrence. However, this provision does not apply to a
financial institution.18

The bill provides that any person who manufactures a false digital DL or ID card commits a felony of
the third degree. The possession of a false digital DL or ID card is a misdemeanor of the second
degree.

The bill amends s. 322.15(1), F.S., to require a person to submit his or her physical DL or ID card if a
law enforcement officer is unable to verify a digital credential.

The bill has an effective date of July 1, 2021.

B. SECTION DIRECTORY:
Section 1 Amends s. 322.032, F.S., relating to digital proof of driver license or identification card.

Section 2 Amends s. 322.14, F.S., relating to licenses issued to drivers.

Section 3 Amends s. 322.15, F.S., relating to license to be carried and exhibited on demand.

Section 4 Reenacts s. 322.121, F.S., relating to periodic examination of all drivers.

Section 5 Provides an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

15
The bill defines the term “limited profile” as an electronic credential containing some, but not all, of the information displayed on a
printed driver license or identification card.
16
Eligibility for ID cards is provided in s. 322.051, F.S.
17
The bill defines the term “scanning” as obtaining data from a digital proof of driver license or identification card in an electronic
format.
18
Section 655.005(1)(i), F.S., defines the term “financial institution” as a state or federal savings or thrift association, bank, savings
bank, trust company, international bank agency, international banking corporation, international branch, international representative
office, international administrative office, international trust entity, international trust company representative office, qualified limited
service affiliate, credit union, or an agreement corporation operating pursuant to s. 25 of the Federal Reserve Act, 12 U.S.C. ss. 601 et
seq. or Edge Act corporation organized pursuant to s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss. 611 et seq.
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A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. Businesses who wish to provide electronic verification of a Smart ID will need the retail
reader application installed on a device. Additionally, if the business prefers to integrate the verification
process into their point of sale systems it would require application development to be done by the
business to integrate a retail reader application into their point of sale systems.19

D. FISCAL COMMENTS:
State and local law enforcement agencies will need to train their members and update associated
enforcement policies for the Florida Smart ID. This may have an indeterminate, but likely insignificant
fiscal impact on state and local government.20

DHSMV has already undertaken development of the Florida Smart ID through existing law and
therefore already has the resources to continue with the expanded requirements of the bill. Due to this,
the fiscal impact on the DHSMV is minimal and can be absorbed within existing resources.21

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority, nor does it require rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

19
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1313, p. 7.
20
Id. at 6.
21
Id.
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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 1313 2021

1 A bill to be entitled
2 An act relating to digital driver licenses and
3 identification cards; amending s. 322.032, F.S.;
4 defining terms; requiring the Department of Highway
5 Safety and Motor Vehicles to establish a secure and
6 uniform system for issuing optional digital proofs of
7 driver licenses and identification cards; authorizing
8 the department to contract with one or more private
9 entities to develop an electronic credentialing
10 system; prohibiting such electronic credentialing
11 system from retaining certain information; revising
12 requirements for digital proofs of driver licenses and
13 providing requirements for digital proofs of
14 identification cards; revising the department's
15 rulemaking authority; revising requirements for the
16 issuance of digital proofs of driver licenses and
17 identification cards; authorizing the department to
18 use telephone numbers submitted by licensees and
19 cardholders for specified purposes only; authorizing
20 the department to enter into contracts with private
21 entities for a specified purpose; prohibiting such
22 private entities from storing, selling, or sharing
23 personal information collected from scanning the
24 digital proofs of driver licenses and identification
25 cards; providing an exception by authorizing

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26 individuals to consent to allow private entities to
27 collect and store such personal information; requiring
28 that an individual is informed what information is
29 collected in such scans and the purposes for which the
30 information will be used; authorizing private entities
31 to manually collect personal information from
32 individuals under certain circumstances; providing a
33 civil penalty; providing applicability; conforming
34 provisions to changes made by the act; amending s.
35 322.14, F.S.; conforming a provision to changes made
36 by the act; amending s. 322.15, F.S.; conforming a
37 provision to changes made by the act; requiring a
38 licensee to present or submit his or her printed
39 driver license to a law enforcement officer or an
40 authorized representative of the department under
41 specified circumstances; reenacting s. 322.121(2),
42 F.S., relating to periodic reexamination of all
43 drivers, to incorporate the amendment made to s.
44 322.15, F.S., in a reference thereto; providing an
45 effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Section 322.032, Florida Statutes, is amended
50 to read:

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51 322.032 Digital proof of driver license or identification
52 card.—
53 (1) As used in this section, the term:
54 (a) "Digital proof of driver license" means an electronic
55 credential viewable on an electronic credentialing system.
56 (b) "Digital proof of identification card" means an
57 electronic credential viewable on an electronic credentialing
58 system.
59 (c) "Electronic credentialing system" means a computer
60 system accessed using a computer, a cellular telephone, or any
61 other personal device which queries the department's driver
62 license and identification card records, displays or transmits
63 digital proofs of driver licenses and identification cards, and
64 verifies the authenticity of those electronic credentials.
65 (d) "Limited profile" means an electronic credential
66 containing some, but not all, of the information displayed on a
67 printed driver license or identification card.
68 (e) "Scanning" means obtaining data from a digital proof
69 of driver license or identification card in an electronic
70 format.
71 (2)(a) The department shall establish begin to review and
72 prepare for the development of a secure and uniform system for
73 issuing an optional digital proof of driver license or
74 identification card. The department may contract with one or
75 more private entities to develop an electronic credentialing a

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76 digital proof of driver license system.
77 (b) The electronic credentialing system may not retain
78 Internet protocol addresses, geolocation data, or other
79 information that describes the location, computer, computer
80 system, or computer network from which a customer accesses the
81 system.
82 (3)(a)(2) The digital proof of driver license or
83 identification card established developed by the department or
84 by an entity contracted by the department must be in such a
85 format as to allow verification of law enforcement to verify the
86 authenticity of the digital proof of driver license or
87 identification card. The department may adopt rules to ensure
88 valid authentication of digital driver licenses and
89 identification cards by law enforcement.
90 (b)1. Notwithstanding ss. 322.14, 322.141, 322.142, and
91 any other law prescribing the design for, or information
92 required to be displayed on, a driver license, a digital proof
93 of driver license may comprise a limited profile that includes
94 only information necessary to conduct a specific transaction on
95 the electronic credentialing system.
96 2. Notwithstanding ss. 322.051, 322.141, and any other law
97 prescribing the design for, or information required to be
98 displayed on, an identification card, a digital proof of
99 identification card may comprise a limited profile that includes
100 only information necessary to conduct a specific transaction on

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101 the electronic credentialing system.
102 (4)(3) A person may not be issued a digital proof of
103 driver license or identification card until he or she satisfies
104 all has satisfied all of the requirements of this chapter for
105 issuance of the respective a physical driver license or
106 identification card and has been issued a printed driver license
107 or identification card. The electronic credentialing system
108 must, upon each presentation of a digital driver license or
109 identification card, display or transmit current records for the
110 driver license or identification card. If a licensee's driving
111 privilege is suspended, revoked, or disqualified, or if his or
112 her driver license is otherwise canceled or expired, a digital
113 proof of driver license may not be issued; however, a digital
114 proof of identification card may be issued if the licensee is
115 otherwise eligible for an identification card under s. 322.051
116 as provided in this chapter.
117 (5) The department may use a telephone number submitted by
118 a licensee or cardholder in connection with a digital driver
119 license or identification card only for purposes of
120 communication regarding the digital proof of driver license or
121 identification card or the motor vehicle records, as defined in
122 s. 119.0712(2)(a), of the licensee or cardholder.
123 (6) The department may enter into a contract with a
124 private entity which authorizes online data calls or offline
125 data verification through the electronic credentialing system

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126 that queries the department's driver license and identification
127 card records, displays or transmits digital proofs of driver
128 licenses or identification cards, or verifies the authenticity
129 of such electronic credentials.
130 (7)(a) Except as provided in paragraph (b), a private
131 entity that contracts with the department and that scans a
132 digital proof of driver license or identification card may not
133 store, sell, or share personal information collected from such
134 scanning of the digital proof of driver license or
135 identification card.
136 (b) An individual may consent to allow a private entity to
137 collect and store personal information obtained by scanning his
138 or her digital proof of driver license or identification card.
139 However, the individual must be informed what information is
140 collected and the purpose or purposes for which the information
141 will be used. If the individual does not want the private entity
142 to scan his or her digital proof of the individual's driver
143 license or identification card, the private entity may manually
144 collect personal information from the individual.
145 (c) A private entity that violates this subsection is
146 subject to a civil penalty not to exceed $5,000 per occurrence.
147 (d) This subsection does not apply to a financial
148 institution as defined in s. 655.005(1)(i).
149 (8)(4) A person who:
150 (a) Manufactures a false digital proof of driver license

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151 or identification card commits a felony of the third degree,
152 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
153 (b) Possesses a false digital proof of driver license or
154 identification card commits a misdemeanor of the second degree,
155 punishable as provided in s. 775.082.
156 Section 2. Paragraph (a) of subsection (1) of section
157 322.14, Florida Statutes, is amended to read:
158 322.14 Licenses issued to drivers.—
159 (1)(a) The department shall, upon successful completion of
160 all required examinations and payment of the required fee, issue
161 to every qualified applicant a printed driver license that must
162 bear a color photograph or digital image of the licensee; the
163 name of the state; a distinguishing number assigned to the
164 licensee; and the licensee's full name, date of birth, and
165 residence address; a brief description of the licensee,
166 including, but not limited to, the licensee's gender and height;
167 and the dates of issuance and expiration of the license. A space
168 shall be provided upon which the licensee shall affix his or her
169 usual signature. A license is invalid until it has been signed
170 by the licensee except that the signature of the licensee is not
171 required if it appears thereon in facsimile or if the licensee
172 is not present within the state at the time of issuance.
173 Section 3. Subsection (1) of section 322.15, Florida
174 Statutes, is amended to read:
175 322.15 License to be carried and exhibited on demand;

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176 fingerprint to be imprinted upon a citation.—
177 (1) Every licensee shall have his or her driver license,
178 which must be fully legible with no portion of such license
179 faded, altered, mutilated, or defaced, in his or her immediate
180 possession at all times when operating a motor vehicle and shall
181 present or submit the same upon the demand of a law enforcement
182 officer or an authorized representative of the department. A
183 licensee may present or submit a digital proof of driver license
184 as provided in s. 322.032 in lieu of his or her printed a
185 physical driver license; however, if the law enforcement officer
186 or authorized representative of the department is unable to
187 immediately verify the digital proof of driver license, upon the
188 demand of the law enforcement officer or authorized
189 representative of the department, the licensee must present or
190 submit his or her printed driver license.
191 Section 4. For the purpose of incorporating the amendment
192 made by this act to section 322.15, Florida Statutes, in a
193 reference thereto, subsection (2) of section 322.121, Florida
194 Statutes, is reenacted to read:
195 322.121 Periodic reexamination of all drivers.—
196 (2) For each licensee whose driving record does not show
197 any revocations, disqualifications, or suspensions for the
198 preceding 7 years or any convictions for the preceding 3 years
199 except for convictions of the following nonmoving violations:
200 (a) Failure to exhibit a vehicle registration certificate,

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201 rental agreement, or cab card pursuant to s. 320.0605;
202 (b) Failure to renew a motor vehicle or mobile home
203 registration that has been expired for 6 months or less pursuant
204 to s. 320.07(3)(a);
205 (c) Operating a motor vehicle with an expired license that
206 has been expired for 6 months or less pursuant to s. 322.065;
207 (d) Failure to carry or exhibit a license pursuant to s.
208 322.15(1); or
209 (e) Failure to notify the department of a change of
210 address or name within 10 days pursuant to s. 322.19,
211
212 the department shall cause such licensee's license to be
213 prominently marked with the notation "Safe Driver."
214 Section 5. This act shall take effect July 1, 2021.

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COMMERCE COMMITTEE

HB 1313 by Rep. LaMarca
DIGITAL DRIVER LICENSES and IDENTIFICATION CARDS

AMENDMENT SUMMARY
APRIL 14, 2021

Amendment 1 by Rep. LaMarca (Line 131):
Clarifies that private entities that scan a digital proof of driver license or identification
may not store, sell, or share personal information collected from such scanning.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1313 (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 LaMarca offered the following:
3
4 Amendment (with title amendment)
5 Remove line 131 and insert:
6 entity that scans a
7
8 -----------------------------------------------------
9 T I T L E A M E N D M E N T
10 Remove line 21 and insert:
11 entities for a specified purpose; prohibiting

816797 - h1313-line 131.docx
Published On: 4/13/2021 6:02:14 PM
Page 1 of 1
CS/HB 1315
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1315 Pub. Rec./Department of Highway Safety and Motor Vehicles
SPONSOR(S): Government Operations Subcommittee, LaMarca
TIED BILLS: HB 1313 IDEN./SIM. BILLS: CS/SB 1326

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N Johnson Keating

2) Government Operations Subcommittee 17 Y, 0 N, As CS Roth Smith

3) Commerce Committee Johnson Hamon

SUMMARY ANALYSIS

The Department of Highway Safety and Motor Vehicles (DHSMV) is in the process of developing optional
digital driver licenses and identification cards, known as Florida Smart ID. Customers can use the Smart ID to
show proof of identity or age. The application may be downloaded and installed on a smart device. Once
downloaded, a secure enrollment process occurs using DHSMV’s Virtual Office website. DHSMV will validate
identity and eligibility to activate the Smart ID for use on the device.

HB 1313, to which this bill is linked, requires the DHSMV to establish digital driver licenses and identification
cards. That bill also creates statutory guidelines regarding the digital driver licenses and identification cards.

This bill, which is linked to the passage of HB 1313, creates a public record exemption for the following
information held by DHSMV:
 Secure login credentials held by the DHSMV; and
 Internet protocol addresses, geolocation data, and other information held by the DHSMV which
describes the location, computer, computer system, or computer network from which a user accesses a
public-facing portal, and the dates and times that a user accesses a public-facing portal.

The bill provides that the exemption is retroactive and applies to records held by the department before, on, or
after the effective date of the exemption.

The bill provides that the public record exemption is subject to the Open Government Sunset Review Act and
will repeal on October 2, 2026, unless the Legislature reviews and reenacts the exemption by that date. The
bill provides a public necessity statement as required by the Florida Constitution.

The bill may have a minimal fiscal impact on state government.

Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill creates a new public record exemption; thus, it requires a two-thirds vote for final
passage.

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

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of article I, section 24(a) of
the Florida Constitution.1 The general law must state with specificity the public necessity justifying the
exemption2 and must be no broader than necessary to accomplish its purpose.3

Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt. Furthermore, the Open Government Sunset Review Act 4 provides that a
public record or public meeting exemption may be created or maintained only if it serves an identifiable
public purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
 Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
 Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
 Protect trade or business secrets.5

The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.6

Digital Driver License
The Department of Highway Safety and Motor Vehicles (DHSMV) is in the process of developing a
digital driver license and identification card known as the Florida Smart ID system (Smart ID). Smart ID
has multiple interactions occurring between various system components, including a Credential Service
Provider (CSP), the Smart ID device, and an associated Verifier device.

Customers can use the Smart ID to show proof of identity or age. The application may be downloaded
and installed on a smart device. Once downloaded, a secure enrollment process occurs using
DHSMV’s Virtual Office website. DHSMV will validate identity and eligibility to activate the Smart ID for
use on the device.

HB 1313, to which this bill is linked, requires the DHSMV to establish digital driver licenses and
identification cards. That bill also creates statutory guidelines regarding the digital driver licenses and
identification cards.

Effect of the Bill

1
Art. I, s. 24(c), FLA. CONST.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Art. I. s. 24(c), FLA. CONST.
4
S. 119.15, F.S.
5
S. 119.15(6)(b), F.S.
6
S. 119.15(3), F.S.
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The bill creates a public record exemption for certain information held by DHSMV. Specifically, the bill
provides that the following information is exempt7 from public record requirements:
 Secure login credentials held by the DHSMV before, on, or after the effective date of the
exemption; and
 Internet protocol addresses, geolocation data, and other information held by the DHSMV which
describes the location, computer, computer system, or computer network from which a user
accesses a public-facing portal, and the dates and times that a user accesses a public-facing
portal.

The bill provides that the exemption is retroactive and applies to records held by the department before,
on, or after the effective date of the exemption.

The bill defines the term “secure login credentials” as information held by DHSMV for purposes of
authenticating a user logging into a user account on a computer, a computer system, a computer
network, or an electronic device; an online user account accessible over the Internet, whether through
a mobile device, a website, or any other electronic means; or information used for authentication or
password recovery.

The bill defines the term “public-facing portal” as a web portal or computer application accessible to the
public over the Internet, whether through a mobile device, website, or other electronic means, which is
established for administering ch. 319, F.S., (motor vehicle titling); ch. 320, F.S., (motor vehicle
licenses); ch. 322, F.S., (driver licenses); ch. 328, F.S., (vessel registration or titling); or any other
provision of law conferring duties upon DHSMV.

The bill provides a public necessity statement as required by article I, section 24(c) of the Florida
Constitution. The statement includes that:
 Safeguarding the integrity and accuracy of data systems maintained by DHSMV is of paramount
public importance, as these systems comprise critical information related to driver licenses,
state identification cards, motor vehicles and vessels, and Florida Highway Patrol law
enforcement records and also comprise personal information restricted from public disclosure
by the federal Driver Privacy Protection Act of 1994;8
 Accordingly, unauthorized access to those systems poses a serious threat to the integrity and
accuracy of the data contained therein, and the unauthorized disclosure of personal information
contained in those systems may subject users to identity theft, financial harm, or other adverse
impacts.
 Development of information technology allows DHSMV to make secure transactions more
readily available to the public through expanded use of online user accounts accessible over the
Internet, including applications such as digital driver licenses, and the public release of secure
login credentials, Internet protocol addresses, geolocation data, or other information which
describes the location, computer, computer system, or computer network from which a user
accesses a public-facing portal, and the dates and times that a user accesses a public-facing
portal, would render these data systems vulnerable to unauthorized access.
 To safeguard user accounts from unauthorized access and avert the unauthorized disclosure of
personal information, it is a public necessity that secure login credentials, Internet protocol
addresses, geolocation data, and other certain information be made exempt from public records
requirements and, without the public records exemption, the effective and efficient
administration of user accounts would be hindered.

7
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 85-
62 (1985).
8
18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), F.S.
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The bill provides that the public record exemption is subject to the Open Government Sunset Review
Act and will repeal on October 2, 2026, unless the Legislature reviews and reenacts the exemption by
that date.

B. SECTION DIRECTORY:
Section 1 Amends s. 119.0712, F.S., relating to executive branch agency-exemptions from inspection
or copying of records.

Section 2 Provides a statement of public necessity.

Section 3 Provides a contingent effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
The bill may have a negative fiscal impact to DHSMV to comply with public records requests and
redact exempt information prior to releasing a record. Such costs, however, would be absorbed as
part of the day-to-day responsibilities of the agency.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

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. This bill does not appear to require counties or municipalities to take 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:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting

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exemption. The bill creates new public record exemptions; thus, it requires a two-thirds vote for final
passage.

Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption and includes the required public necessity statement.

Breadth of Exemption
Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public record
or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
the law. The bill creates a public record exemption for secure login credentials, Internet protocol
addresses, and geolocation data held by DHSMV, which does not appear to be broader than
necessary to accomplish its purpose.

B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking, nor does it provide a grant of rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 30, 2021, the Government Operations Subcommittee adopted one amendment and reported the bill
favorably as a committee substitute. The amendment made a technical change to the definition of “secure login
credentials” and more closely aligned the public necessity statement with the information that is being
exempted.

This analysis is drafted to the committee substitute as approved by the Government Operations 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 1315 2021

1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.0712, F.S.; providing exemptions from public
4 records requirements for secure login credentials,
5 Internet protocol addresses, geolocation data, and
6 other certain information held by the Department of
7 Highway Safety and Motor Vehicles; providing
8 retroactive application; defining the terms "secure
9 login credentials" and "public-facing portal";
10 providing for future legislative review and repeal of
11 the exemptions; providing a statement of public
12 necessity; providing a contingent effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (e) is added to subsection (2) of
17 section 119.0712, Florida Statutes, to read:
18 119.0712 Executive branch agency-specific exemptions from
19 inspection or copying of public records.—
20 (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
21 (e)1. Secure login credentials held by the Department of
22 Highway Safety and Motor Vehicles are exempt from s. 119.07(1)
23 and s. 24(a), Art. I of the State Constitution. This exemption
24 applies to secure login credentials held by the department
25 before, on, or after the effective date of the exemption. For

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CS/HB 1315 2021

26 purposes of this subparagraph, the term "secure login
27 credentials" means information held by the department for
28 purposes of authenticating a user logging into a user account on
29 a computer, a computer system, a computer network, or an
30 electronic device; an online user account accessible over the
31 Internet, whether through a mobile device, a website, or any
32 other electronic means; or information used for authentication
33 or password recovery.
34 2. Internet protocol addresses, geolocation data, and
35 other information held by the Department of Highway Safety and
36 Motor Vehicles which describes the location, computer, computer
37 system, or computer network from which a user accesses a public-
38 facing portal, and the dates and times that a user accesses a
39 public-facing portal, are exempt from s. 119.07(1) and s. 24(a),
40 Art. I of the State Constitution. This exemption applies to such
41 information held by the department before, on, or after the
42 effective date of the exemption. For purposes of this
43 subparagraph, the term "public-facing portal" means a web portal
44 or computer application accessible by the public over the
45 Internet, whether through a mobile device, website, or other
46 electronic means, which is established for administering chapter
47 319, chapter 320, chapter 322, chapter 328, or any other
48 provision of law conferring duties upon the department.
49 3. This paragraph is subject to the Open Government Sunset
50 Review Act in accordance with s. 119.15 and shall stand repealed

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CS/HB 1315 2021

51 on October 2, 2026, unless reviewed and saved from repeal
52 through reenactment by the Legislature.
53 Section 2. The Legislature finds that it is a public
54 necessity that secure login credentials, Internet protocol
55 addresses, geolocation data, and other information which
56 describes the location, computer, computer system, or computer
57 network from which a user accesses a public-facing portal, and
58 the dates and times that a user accesses a public-facing portal,
59 held by the Department of Highway Safety and Motor Vehicles be
60 made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
61 Article I of the State Constitution. The Legislature finds that
62 safeguarding the integrity and accuracy of data systems
63 maintained by the Department of Highway Safety and Motor
64 Vehicles is of paramount public importance. Those systems
65 comprise critical information related to driver licenses, state
66 identification cards, motor vehicles and vessels, and Florida
67 Highway Patrol law enforcement records. Those systems also
68 comprise personal information restricted from public disclosure
69 by the federal Driver's Privacy Protection Act of 1994.
70 Accordingly, unauthorized access to those systems poses a
71 serious threat to the integrity and accuracy of the data
72 contained therein. Moreover, the unauthorized disclosure of
73 personal information contained in those systems may subject
74 users to identity theft, financial harm, or other adverse
75 impacts. The Legislature further finds that development in

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CS/HB 1315 2021

76 information technology allows the Department of Highway Safety
77 and Motor Vehicles to make secure transactions more readily
78 available to the public through expanded use of online user
79 accounts accessible over the Internet, including applications
80 such as digital driver licenses. The public release of secure
81 login credentials, Internet protocol addresses, geolocation
82 data, or other information which describes the location,
83 computer, computer system, or computer network from which a user
84 accesses a public-facing portal, and the dates and times that a
85 user accesses a public-facing portal, would render these data
86 systems vulnerable to unauthorized access. The Legislature finds
87 that, to safeguard user accounts from unauthorized access and
88 avert the unauthorized disclosure of personal information, it is
89 a public necessity that secure login credentials, Internet
90 protocol addresses, geolocation data, and other certain
91 information be made exempt from public records requirements and,
92 without the public records exemption, the effective and
93 efficient administration of user accounts would be hindered.
94 Section 3. This act shall take effect on the same date
95 that HB 1313 or similar legislation takes effect, if such
96 legislation is adopted in the same legislative session or an
97 extension thereof and becomes a law.

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CS/HB 1329
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1329 Transportation Facility Designations Honoring Fallen Law Enforcement Officers
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, Latvala and others
TIED BILLS: IDEN./SIM. BILLS: SB 1716

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N, As CS Johnson Keating

2) Infrastructure & Tourism Appropriations 12 Y, 0 N Evans Davis
Subcommittee

3) Commerce Committee Johnson Hamon

SUMMARY ANALYSIS
State law authorizes legislative designations of transportation facilities for honorary or memorial purposes or to
distinguish a particular facility. The legislative designations do not officially change the current names of the
facilities, nor does the law require local governments and private entities to change street signs, mailing
addresses, or 911 emergency telephone system listings. State law also requires the appropriate city or county
commission to pass a resolution supporting the designation prior to the erection of markers indicating the
designation.

The bill creates three honorary designations for various transportation facilities across the state honoring fallen
law enforcement officers and directs the Department of Transportation (DOT) to erect suitable markers for
each designation.

The bill will have an insignificant negative fiscal impact to the State Transportation Trust Fund associated with
erecting suitable markers for the above designations. These costs can be absorbed within DOT’s existing
resources.

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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DATE: 4/12/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Designations
Section 267.062, F.S., provides for the naming of state buildings and other facilities. The statute
provides that except as specifically provided by law, state buildings, roads, bridges, parks, recreational
complexes, and other similar facilities may not be named for a living person.

Section 334.071, F.S., authorizes legislative designations of transportation facilities for honorary or
memorial purposes or to distinguish a particular facility. The legislative designations do not officially
change the current names of the facilities nor does the statute require local governments and private
entities to change street signs, mailing addresses, or 911 emergency telephone-number system
listings.

Road Markers
The Department of Transportation (DOT) must place a marker at each terminus or intersection of an
identified road or bridge and erect other markers it deems appropriate for a designated transportation
facility. The appropriate city or county commission must pass a resolution in support of a particular
designation before road markers are erected. Additionally, if the designated road segment extends
through multiple cities or counties, a resolution must be passed by each affected local government.

Effect of the Bill

The bill requires DOT to erect suitable markers for each of the following designations.

Subsection 1 designates that portion of C.R. 611/E. Lake Road between Forelock Road and Keystone
Road in Pinellas County as “Deputy Michael J. Magli Memorial Road.”

Deputy Michael J. Magli was a Pinellas County sheriff’s deputy who was killed in the line of duty on
February 17, 2021. He had served the Pinellas County Sheriff’s Office for eight years.1

Subsection 2 designates that portion of S.R. 60 between I-75 and Phillip Lee Boulevard in
Hillsborough County is designated as "Sergeant Brian LaVigne Road."

Sergeant Brian LaVigne was killed on January 11, 2021, when his patrol car was intentionally rammed
by another vehicle on West Lumsden Road, near South King's Avenue, in Brandon. He was killed the
day before his last scheduled shift before retirement.2

Subsection 3 designates that portion of I-275 between E. Sligh Avenue and E. Dr. Martin Luther King
Boulevard in Hillsborough County as “Officer Jesse Madsen Memorial Highway.”

Officer Jesse Madsen was killed, on March 9, 2021, when he was responding to reports of a vehicle
driving in the wrong direction. He was struck head-on by the wrong-way driver on I-275, near
Hillsborough Avenue.3

B. SECTION DIRECTORY:
Section 1 Creates honorary transportation facility designations; directs DOT to erect suitable markers.

1 Florida House of Representatives and Senate File Legislation to Honor Pinellas County Deputy Michael J. Magli, Press Release, Feb.

25, 2021.
2 Officer Down Memorial Page, https://www.odmp.org/officer/25051-master-corporal-brian-roy-lavigne (last visited Mar. 9, 2021).
3 Officer Down Memorial Page, https://www.odmp.org/officer/25185-officer-jesse-madsen (last visited Mar. 18, 2021).

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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:
DOT estimates a cost of $1,000 per designation for the appropriate markers, which provides for two
signs per designation at $500 per sign.4 Therefore, the bill has an estimated negative fiscal impact
of $3,000 to the State Transportation Trust Fund. This cost can be absorbed within existing DOT
resources.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

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. This bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

4 E-mail from Amanda Marsh, Legislative Programs Office, Department of Transportation, RE: Road Designation Fiscal (Jan. 5, 2021).

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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 22, 2021, the Tourism, Infrastructure & Energy Subcommittee adopted a proposed committee
substitute for HB 1329 and reported the bill favorably as a committee substitute. As originally filed, the bill
designated the Michael J. Magli Memorial Road in Pinellas County and directed DOT to erect suitable
markers for the designation. The committee substitute designates Sergeant Brian LaVigne Road and
Officer Jesse Madsen Memorial Highway in Hillsborough County and directs DOT to erect suitable markers
for both designations.

This analysis is drafted to the committee substitute as approved by the Tourism, Infrastructure & Energy
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 1329 2021

1 A bill to be entitled
2 An act relating to transportation facility
3 designations honoring fallen law enforcement officers;
4 providing honorary designations of certain
5 transportation facilities in specified counties;
6 directing the Department of Transportation to erect
7 suitable markers; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Transportation facility designations;
12 Department of Transportation to erect suitable markers.—
13 (1) That portion of C.R. 611/E. Lake Road between Forelock
14 Road and Keystone Road in Pinellas County is designated as
15 "Deputy Michael J. Magli Memorial Road."
16 (2) That portion of S.R. 60 between I-75 and Philip Lee
17 Boulevard in Hillsborough County is designated as "Sergeant
18 Brian LaVigne Road."
19 (3) That portion of I-275 between E. Sligh Avenue and E.
20 Dr. Martin Luther King, Jr., Boulevard in Hillsborough County is
21 designated as "Officer Jesse Madsen Memorial Highway."
22 (4) The Department of Transportation is directed to erect
23 suitable markers designating the transportation facilities as
24 described in this section.
25 Section 2. This act shall take effect July 1, 2021.

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HB 1385
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1385 Department of Transportation
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 1126

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 16 Y, 0 N Johnson Keating

2) Infrastructure & Tourism Appropriations 14 Y, 0 N Hicks Davis
Subcommittee

3) Commerce Committee Johnson Hamon

SUMMARY ANALYS
The bill addresses several matters related to the Department of Transportation (DOT). DOT’s mission is to
provide a safe transportation system that ensures the mobility of people and goods, enhances economic
prosperity, and preserves the quality of our environment and communities. In summary, the bill:
 Clarifies that the Department of Revenue is responsible for transferring a portion of documentary stamp
tax revenues distributed to the General Revenue Fund.
 Removes obsolete references to the general revenue service charge from specified transportation-
related state revenues.
 Increases the authorized dollar amount of the alternative debt service cap on Right-of-Way Acquisition
and Bridge Construction bonds.
 Amends the Move Over Law to include road and bridge maintenance or construction vehicles
displaying warning lights.
 Authorizes persons to appear before the Commercial Motor Vehicle Review Board via communications
media technology, including video conference technologies.
 Restores DOT’s rulemaking authority relating to airport zoning.
 Clarifies provisions relating to the notice and hearing that DOT is required to provide when a
transportation project on the State Highway System modifies an existing access to an abutting property.
 Revises from October 1 to August 1, the date for metropolitan planning organization annual
submissions of project priorities to the DOT districts.
 Removes the expiration date for Legislative Budget Commission chair and vice chair authority to
approve certain amendments to DOT’s work program.

The bill may have an indeterminate, positive impact on state and local government revenues and an
insignificant negative impact on state government expenditures. See Fiscal Analysis section for details.

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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DATE: 4/12/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Documentary Stamp Tax/General Revenue Fund Transfer

Current Situation
Chapter 201, F.S., imposes an excise tax on certain documents, known as the documentary stamp tax.
The Department of Revenue (DOR) administers ch. 201, F.S.,1 including the collection of documentary
stamp taxes, which are distributed each fiscal year to the General Revenue Fund and various state
trust funds.2

After certain required payments to the Land Acquisition Trust Fund3 and the deduction of the General
Revenue service charge,4 the lesser of 24.18442 percent of the remainder or $541.75 million is
allocated to the State Transportation Trust Fund (STTF) in each fiscal year. Of such funds, $75 million
must be transferred to the General Revenue Fund in each fiscal year. The remaining amount is
credited to the STTF and must be used for the following programs: New Starts Transit Program, the
Small County Outreach Program, the Strategic Intermodal System, the Transportation Regional
Incentive Program, and the Florida Rail Enterprise.5

While ch. 201, F.S., specifies that DOR administers the documentary stamp tax, DOR is not expressly
identified as the entity responsible for making the $75 million transfer to the General Revenue Fund
each fiscal year.

Effect of the Bill
The bill clarifies that DOR is the entity responsible for transferring the $75 million each fiscal year to the
General Revenue Fund.

Obsolete General Revenue Surcharge References

Current Situation
Section 215.20(1), F.S., establishes an eight percent service charge to the General Revenue Fund
from all revenues deposited into most state trust funds,6 representing the estimated pro rata share of
the cost of general government.

Section 215.211, F.S., eliminates or reduces the general revenue service charge for specified
proceeds. Effective July 1, 2002, the service charge for taxes distributed under s. 206.606(1), F.S.,
relating to the distribution of motor fuel taxes, s. 212.0501(6), F.S., relating to taxes on diesel fuel for
business purposes, and s. 319.32(5), F.S., providing for the disposition of fees from certificate of title
transactions, were eliminated.7 Additionally, the service charge was eliminated beginning July 1, 2001,
on taxes distributed under s. 206.608, F.S., relating to the State Comprehensive Enhanced
Transportation System Tax.8 While the service charge on the specified taxes was eliminated, obsolete
references to the service charge remain in statute.9

Effect of the Bill
The bill amends ss. 206.606(1), 206.608, 212.0501(6), and 319.32(5), F.S., to remove obsolete
references to the general revenue service charge.

1
S. 201.11, F.S.
2
S. 201.15, F.S.
3
S. 201.15(1) and (2), F.S.
4
The General Revenue service charge is imposed by s. 215.20(1), F.S.
5
S. 201.15(4)(a), F.S.
6
Exceptions are enumerated in s. 215.22, F.S., including trust funds administered by the Department of Transportation.
7
S. 215.211(1), F.S.
8
S. 215.211(2), F.S.
9
DOT 2020 Legislative Proposal, Remove Obsolete Language Relating to Service Charge.
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Right-of-Way Acquisition and Bridge Construction Bonds-Debt Service Cap

Current Situation
The Department of Transportation (DOT) is authorized to issue Right-of-Way Acquisition and Bridge
Construction bonds to finance or refinance the cost of acquiring real property for state roads or the cost
of state bridge construction. Except for bonds issued to refinance previously issued bonds, bonds must
be authorized by the Legislature and must be issued pursuant to the State Bond Act.10,11

Section 206.46, F.S., authorizes DOT to transfer up to seven percent of the revenues deposited into
the STTF in each fiscal year to the Right-of-Way Acquisition and Bridge Construction Trust Fund, to
meet the requirements of outstanding or proposed bond obligations. Notwithstanding this authorized
annual transfer, the annual amount transferred may not exceed an amount necessary to provide the
required debt service coverage levels for a maximum debt service of $275 million,12 which was last set
in 2005.13

Section 339.139, F.S., requires DOT to manage all levels of debt to ensure that no more than 20
percent of total projected available state and federal revenues from the STTF, together with any local
funds committed to DOT projects, are committed to certain obligations in any year. Right-of-Way
Acquisition and Bridge Construction Bonds are included in DOT’s overall debt assessment.

In 2020, based on DOT’s most recent bond sale and Revenue Estimating Conference projections at the
time, the limit on debt service based on the seven-percent threshold would have been $287 million in
Fiscal Year 2019-2020 (based on revenues of $4.1 billion), growing to $350 million in Fiscal Year 2028-
2029 (based on revenues of $5 billion).14

Under the current statutory limit, the $275 million cap leaves DOT with about $100 million of available
bonding capacity.15

Effect of the Bill
The bill amends s. 206.46, F.S., to increase DOT’s maximum debt service coverage level from $275
million to $350 million. Under the bill, debt service may not exceed seven percent of the revenues
deposited into the STTF or $350 million, whichever is less. The increase of the debt service cap will
provide DOT with additional bonding capacity, offering it more flexibility in financing certain projects.

Move Over Law

Current Situation
Under Florida’s Move Over Law, if an emergency vehicle, a sanitation vehicle, a utility service vehicle,
or a wrecker is working along the side of the road, every other driver must vacate the lane closest to
the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle. If
such movement cannot be safely accomplished, the driver must reduce his or her speed to a speed
that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per
hour or greater, or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less.16
The purpose of the Move Over Law is to protect workers stopped along the road performing their
jobs.17

10
The State Bond Act is codified in ss. 215.57-215.83, F.S.
11
S. 215.605, F.S.
12
S. 206.46(2), F.S.
13
Ch. 2005-290, L.O.F.
14 DOT 2020 Legislative Proposals, Change in the Right-of-Way Acquisition and Bridge Construction Bonds Debt Service Cap.
15
Id.
16
S. 316.126(1)(b), F.S.
17
Florida Driver Handbook, 2020, p. 44, available at https://www3.flhsmv.gov/handbooks/englishdriverhandbook.pdf (last visited
Feb. 17, 2021).
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A violation of the Move Over Law is a noncriminal traffic infraction, punishable as a moving violation.18
The statutory base fine for a moving violation is $60, but with additional fees assessed by the state and
local governments, the total fine increases to up to $158.19

According to DOT, for the safety of both workers and the public, temporary traffic control20 is required
for maintenance and construction activities. However, due to the risks associated with setting up
temporary traffic controls for short duration work activities, such as fence repair, ditch repair, or tree
trimming, such controls may be omitted. This places road and bridge maintenance or construction
vehicles in situations similar to vehicles identified in the Move Over Law, where they are working along
the road without protection from adjacent traffic.

Section 316.2397, F.S., prohibits certain lights on vehicles and provides certain exceptions. With regard
to road and bridge construction or maintenance vehicles, the statute provides that:
 Road or street maintenance equipment, road or street maintenance vehicles, road service
vehicles, refuse collection vehicles, petroleum tankers, and mail carrier vehicles may show or
display amber lights when in operation or a hazard exists.
 Road maintenance and construction equipment and vehicles may display flashing white lights or
flashing white strobe lights when in operation and where a hazard exists.21

Effect of the Bill
The bill amends the Move Over Law to include road and bridge maintenance or construction vehicles
displaying warning lights consistent with s. 316.2397, F.S., and operating on the roadside without
advance signs and channelizing devices (such as traffic cones or barricades). This will require drivers
to move over to a different lane or decrease their speed when road and bridge maintenance or
construction vehicles are displaying warning lights on the roadside.

Commercial Motor Vehicle Review Board

Current Situation
Section 316.545(7), F.S., creates the Commercial Motor Vehicle Review Board (board) within DOT,
consisting of three permanent members who are the Secretary of Transportation, the executive director
of the Department of Highway Safety and Motor Vehicles, and the Commissioner of Agriculture, or their
authorized representatives, and four additional members appointed by the Governor or the
Commissioner of Agriculture representing various industries. The board may review any penalty
imposed upon any vehicle or person relating to the weight imposed on the roads by the axles and
wheels of motor vehicles, to special fuel and motor fuel tax compliance, or to violations of safety
regulations. The board is authorized to hold sessions and conduct proceedings at any place.22
According to DOT’s website, the board meets in Tallahassee.23

Any person against whom a penalty is imposed may apply to the board for a modification, cancellation,
or revocation of the penalty. A written explanation provided within a letter protesting a penalty is
acceptable in lieu of physical attendance by a person requesting a hearing before the board, but
attendance “will provide the petitioner the opportunity to respond to board inquiries into subjects that
the petitioner may have overlooked when drafting his letter of protest.”24 Appearance by telephone is

18
S. 316.126(6), F.S.
19
Florida Court Clerks and Comptrollers Association, 2020 Distribution of Court Related Filing Fees, Service Charges, and Fines, p.
23, available at
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_2021/21bull005_Attach_2_2020_Dist.pdf (last
visited Feb. 17, 2021).
20
Temporary traffic control refers to the devices and personnel that change road conditions for a work zone or following an incident.
Email from John Kotyk, Deputy Director Legislative Affairs, Department of Transportation, Questions, January 31, 2020.
21
Ss. 316.2397(4) and (5), F.S.
22
S. 316.545(8), F.S.
23
Commercial Motor Vehicle Review Board, https://www.fdot.gov/traffic/reviewboard.shtm (last visited March 11, 2021)
24
See DOT, Traffic Engineering and Operations Office, Commercial Motor Vehicle Review Board, for more details on the Board, as
well as its 2021 meeting schedule, available at Commercial Motor Vehicle Review Board
https://www.fdot.gov/traffic/reviewboard.shtm (last visited March 11, 2021).
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not available, but DOT is required to provide space and video conference capability at each of its seven
district offices25 to enable a person requesting a hearing to appear remotely before the board, provided
the requester notifies the board at least 14 calendar days before the hearing date.26

By rule of the Administration Commission, agencies are currently authorized to conduct proceedings
using communications media technology, i.e., the electronic transmission of printed matter, audio, full-
motion video, freeze frame video, compressed video, and digital video by any method available.27 This
definition appears to include commonly available video conferencing programs.

Effect of the Bill
The bill authorizes a person appearing before the board to appear remotely via communications media
technology. The bill also removes the requirement that DOT provide space in its district offices for
persons to appear via video conference.

Airport Zoning-Rulemaking

Current Situation
In 2016, the Legislature amended28 chapter 333, F.S., which contains airport zoning provisions relating
to the management of airspace and land use at or near airports. In general, the 2016 law:
 Updated statutory definitions and terms in accordance with federal regulations.
 Streamlined the local airport protection zoning process to a simpler permitting model.
 Provided local governments the flexibility to structure and incorporate the airport protection
zoning review process into existing local zoning review processes and repealed duplicative
requirements for obtaining a variance.

DOT has a long-standing rule29 “Airport Licensing, Registration, and Airspace Protection,” the purpose
of which is “to promote safe civil aviation by eliminating hazards; to provide airfield standards for
airports; to provide standards for airport marking and lighting; to license and register airports, pursuant
to the licensing and registration requirements of chapter 330, F.S., and to promote flight safety by
providing for airspace protection, pursuant to the requirements of chapter 333, F.S.” However, the 2016
amendments to ch. 333, F.S., eliminated this authority.

Effect of the Bill
The bill creates s. 333.15, F.S., to require DOT to adopt rules to implement ch. 333, F.S., thereby
providing specific statutory authority for the rule on Airport Licensing, Registration, and Airspace
Protection.

Transportation Projects Modifying Access to Adjacent Property

Current Situation
Whenever DOT proposes any project on the State Highway System which will divide a state highway,
erect median barriers modifying currently available vehicle turning movements, or have the effect of
closing or modifying an existing access to an abutting property owner, DOT must notify all affected
property owners, municipalities, and counties at least 180 days before the design of the project is
finalized. DOT’s notice must provide a written explanation regarding the need for the project and
indicate that all affected parties will be given an opportunity to provide comments to DOT regarding
potential impacts of the change.30

DOT must also consult with the applicable local government on its final design proposal if the
department intends to divide a state highway, erect median barriers, or close or modify existing access

25
DOT’s district offices are located in Bartow, Lake City, Chipley, Ft. Lauderdale, Deland, Miami, and Tampa.
26
See DOT, Traffic Engineering and Operations Office, Commercial Motor Vehicle Review Board,
https://www.fdot.gov/traffic/reviewboard.shtm (last visited March 29, 2021).
27
Fla. Admin. Code R. 28-109, F.A.C.
28
Ch. 2016-239, L.O.F.
29
R. 14-60, F.A.C.
30
S. 335.199(1), F.S.
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to abutting commercial business properties. The local government may present DOT with alternatives
that relieve impacts to such business properties.31

DOT must hold at least one public hearing in the jurisdiction where the project is located and receive
public input to determine how the project will affect access to businesses and the potential economic
impact of the project on the local business community.32 DOT must review all comments from the
public hearing and take the comments and any alternatives presented by a local government into
consideration in the final design of the highway project.33

Effect of the Bill
The bill clarifies that DOT must provide the required notice at least 180 days before the design phase of
the project is completed, rather than finalized.

The bill revises all occurrences of the word “hearing” to “meeting.” The bill also clarifies that DOT must
hold at least one public meeting prior to completing the design phase of a project, so that they can
review all comments from the public meeting and take the comments and any alternatives presented by
a local government into consideration in the final design of the project.

Work Program Submission Deadline

Present Situation
As part of its budgeting process, DOT prepares a tentative work program, based on the district34 work
programs.35 Each district’s work program is developed cooperatively with the state’s metropolitan
planning organizations (MPOs)36 and includes, to the maximum extent feasible, the project priorities of
MPOs that have been submitted to the district by October 1 of each year.37 However, DOT and an
MPO may agree, in writing, to vary this submittal date.38

Prior to submitting the district work program to the central office, each district holds public hearings and
makes a presentation to each MPO to determine the necessity of making any changes to the district
work program.39 Following submission of each district’s work program to the central office, DOT
develops its tentative work program based on the district work programs.40

DOT’s central office submits a preliminary copy of its tentative work program to the Executive Office of
the Governor, the legislative appropriations committees, the Florida Transportation Commission, and
the Department of Economic Opportunity at least 14 days prior to the convening of the regular
legislative session.41 Following a public hearing and evaluation by the Florida Transportation
Commission, DOT submits the tentative work program to the Executive Office of the Governor and the
legislative appropriations committees no later than 14 days after the regular legislative session
begins.42

According to DOT, because the Legislature begins its annual session in January in even-numbered
years, the period for DOT to complete its work program process has accelerated. DOT has requested

31
S. 335.199(2)(b), F.S.
32
S. 335.199(3), F.S.
33
S. 335.199(4), F.S.
34
DOT is a decentralized agency and most of its project development and operations are done through its seven geographic districts.
35
Section 339.135(4)(b)1, F.S.
36
MPOs are federally-required regional transportation planning entities in urbanized areas with populations of 50,000 or more
persons.
37
This is pursuant to s. 339.175(8)(b), F.S.
38
S. 339.135(4)(c)2., F.S.
39
S. 339.135(4)(d), F.S.
40
S. 339.135(4)(e), F.S.
41
S. 339.135(4)(f), F.S.
42
S. 339.135(4)(h), F.S.
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that MPOs submit their project priorities sooner than October 1 in order for DOT to have ample time to
complete its required processes.43

Effect of the Bill
The bill changes the deadline by which MPOs must submit their project priorities to DOT from October
1 to August 1. The change will provide DOT with additional time to complete its work program process
prior to the beginning of the annual legislative session.

Work Program Amendments

Current Situation
Current law authorizes DOT to amend its adopted work program and provides procedures for such
amendments.44 However, any work program amendment that transfers fixed capital outlay
appropriations between categories or increases an appropriation category is subject to approval by the
Legislative Budget Commission (LBC).

Prior to 2016, if an LBC meeting could not be held within 30 days after DOT submitted an amendment,
the chair and vice chair of the LBC could approve the amendment.45 In 2016, the Legislature repealed
this authorization.46 In 2019, this authorization was reinstated with an expiration date of July 1, 2020.47
In 2020, the authorization was reinstated with an expiration date of July 1, 2021.48

Effect of the Bill
The bill removes the expiration of authorization for LBC chair and vice chair approval of amendments to
DOT’s adopted work program, thereby making the provision permanent.

Effective Date

The bill has an effective date of July 1, 2021.

B. SECTION DIRECTORY:
Section 1: Amends s. 201.15, F.S., relating to the distribution of taxes collected.

Section 2: Amends s. 206.46, F.S., relating to the State Transportation Trust Fund.

Section 3: Amends s. 206.606, F.S., relating to the distribution of certain proceeds.

Section 4: Amends s. 206.608, F.S., relating to the State Comprehensive Enhanced Transportation
System Tax.

Section 5: Amends s. 212.0501, F.S., relating to the tax on diesel fuel for business purposes.

Section 6: Amends s. 316.126, F.S., relating to the operation of vehicles and actions of pedestrians on
approach of an authorized emergency, sanitation, or utility service vehicle.

Section 7: Amends s. 316.545, F.S., relating to weight and load unlawful; special fuel and motor fuel
tax enforcement; inspection; penalty; review.

Section 8: Amends s. 319.32, F.S., relating to fees; service charges; disposition.

Section 9: Creates s. 333.15, F.S., providing rulemaking authority.

43
Department of Transportation 2020 Legislative Proposal, Advance MPO Deadline to Submit Project Priorities
44
S. 339.135(7), F.S.
45
S. 339.135(7)(g), F.S. (2015).
46
S. 16, Ch. 2016-181, L.O.F.
47
S. 101, Ch. 2019-116, L.O.F.
48
S. 93, Ch. 2020-144, L.O.F.
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Section 10: Amends s. 335.199, F.S., relating to transportation projects modifying access to adjacent
property.

Section 11: Amends s. 339.135, F.S., relating to DOT’s work program.

Section 12: Amends s. 339.175, F.S., relating to Metropolitan Planning Organizations.

Section 13: Provides an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may have an indeterminate, positive impact on state government revenues due to additional
penalties associated with adding road and bridge construction and maintenance vehicles to the
Move Over Law.

2. Expenditures:
Costs associated with enforcement and public awareness of the change to the Move Over Law
would be insignificant. The Department of Highway Safety and Motor Vehicles already enforces the
current law and has an existing awareness campaign.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may have an indeterminate, positive impact on local government revenues due to additional
penalties associated with adding road and bridge construction and maintenance vehicles to the
Move Over Law.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Individuals that appear before the Commercial Motor Vehicle Review Board remotely via
communications media technology will likely see a savings in expenditures associated with not being
required to travel to a DOT district office.

D. FISCAL COMMENTS:
Increasing the $275 million debt cap to $350 million on Right-of-Way and Bridge Construction Bonds
will provide DOT with additional flexibility to utilize that program to meet future bridge replacement
needs with minimal disruption to capacity projects in DOT’s work program.49

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

49
Department of Transportation, 2020 Legislative Proposal, Change in Right-of-Way Acquisition and Bridge Construction Bond Debt
Service Cap.
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Not applicable. This bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill requires DOT to establish rules regarding airport zoning.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 amending s. 201.15, F.S.; clarifying that the
4 Department of Revenue is responsible for a certain
5 transfer from the State Treasury to the General
6 Revenue Fund of a portion of documentary stamp tax
7 distributions credited to the State Transportation
8 Trust Fund; amending s. 206.46, F.S.; revising a
9 limitation on an annual transfer from the State
10 Transportation Trust Fund to the Right-of-Way
11 Acquisition and Bridge Construction Trust Fund;
12 amending ss. 206.606, 206.608, and 212.0501, F.S.;
13 removing a requirement for the deduction of certain
14 service charges before the distribution of certain
15 moneys; amending s. 316.126, F.S.; requiring vehicle
16 operators to vacate the lane closest to certain road
17 and bridge maintenance or construction vehicles or
18 reduce speed upon approach; amending s. 316.545, F.S.;
19 deleting a requirement that the Department of
20 Transportation provide space and video conference
21 capability at each of the department's district
22 offices as an alternative to physical appearance by a
23 person requesting a hearing before the Commercial
24 Motor Vehicle Review Board within the department;
25 requiring the department to allow a person requesting

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26 a hearing to appear remotely via communications media
27 technology authorized by a specified rule; amending s.
28 319.32, F.S.; removing a requirement for the deduction
29 of certain service charges before depositing fees for
30 a certificate of title into the State Transportation
31 Trust Fund; creating s. 333.15, F.S.; requiring the
32 department to adopt rules to implement ch. 333, F.S.,
33 relating to airport zoning; amending s. 335.199, F.S.;
34 requiring the department, when proposing any project
35 on the State Highway System which will close or modify
36 an existing access to an abutting property owner, to
37 provide notice to affected property owners,
38 municipalities, and counties at least 180 days before
39 the design phase of the project is completed;
40 requiring the department to hold at least one public
41 meeting before completing the design phase of the
42 project; making a technical change; amending s.
43 339.135, F.S.; revising the date by which a
44 metropolitan planning organization must annually
45 submit project priorities to the appropriate
46 department district for purposes of developing
47 department district work programs; removing the
48 expiration of provisions relating to approval of
49 department work program amendments when a meeting of
50 the Legislative Budget Commission cannot be held

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51 within a specified timeframe; amending s. 339.175,
52 F.S.; revising the date by which a metropolitan
53 planning organization must annually submit a list of
54 project priorities to the appropriate department
55 district for purposes of developing department
56 district work programs and developing metropolitan
57 planning organization transportation improvement
58 programs; amending s. 338.2278, F.S.; conforming
59 cross-references; providing an effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Paragraph (a) of subsection (4) of section
64 201.15, Florida Statutes, is amended to read:
65 201.15 Distribution of taxes collected.—All taxes
66 collected under this chapter are hereby pledged and shall be
67 first made available to make payments when due on bonds issued
68 pursuant to s. 215.618 or s. 215.619, or any other bonds
69 authorized to be issued on a parity basis with such bonds. Such
70 pledge and availability for the payment of these bonds shall
71 have priority over any requirement for the payment of service
72 charges or costs of collection and enforcement under this
73 section. All taxes collected under this chapter, except taxes
74 distributed to the Land Acquisition Trust Fund pursuant to
75 subsections (1) and (2), are subject to the service charge

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76 imposed in s. 215.20(1). Before distribution pursuant to this
77 section, the Department of Revenue shall deduct amounts
78 necessary to pay the costs of the collection and enforcement of
79 the tax levied by this chapter. The costs and service charge may
80 not be levied against any portion of taxes pledged to debt
81 service on bonds to the extent that the costs and service charge
82 are required to pay any amounts relating to the bonds. All of
83 the costs of the collection and enforcement of the tax levied by
84 this chapter and the service charge shall be available and
85 transferred to the extent necessary to pay debt service and any
86 other amounts payable with respect to bonds authorized before
87 January 1, 2017, secured by revenues distributed pursuant to
88 this section. All taxes remaining after deduction of costs shall
89 be distributed as follows:
90 (4) After the required distributions to the Land
91 Acquisition Trust Fund pursuant to subsections (1) and (2) and
92 deduction of the service charge imposed pursuant to s.
93 215.20(1), the remainder shall be distributed as follows:
94 (a) The lesser of 24.18442 percent of the remainder or
95 $541.75 million in each fiscal year shall be paid into the State
96 Treasury to the credit of the State Transportation Trust Fund.
97 Of such funds, $75 million for each fiscal year shall be
98 transferred by the Department of Revenue to the General Revenue
99 Fund. Notwithstanding any other law, the remaining amount
100 credited to the State Transportation Trust Fund shall be used

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101 for:
102 1. Capital funding for the New Starts Transit Program,
103 authorized by Title 49, U.S.C. s. 5309 and specified in s.
104 341.051, in the amount of 10 percent of the funds;
105 2. The Small County Outreach Program specified in s.
106 339.2818, in the amount of 10 percent of the funds;
107 3. The Strategic Intermodal System specified in ss.
108 339.61, 339.62, 339.63, and 339.64, in the amount of 75 percent
109 of the funds after deduction of the payments required pursuant
110 to subparagraphs 1. and 2.; and
111 4. The Transportation Regional Incentive Program specified
112 in s. 339.2819, in the amount of 25 percent of the funds after
113 deduction of the payments required pursuant to subparagraphs 1.
114 and 2. The first $60 million of the funds allocated pursuant to
115 this subparagraph shall be allocated annually to the Florida
116 Rail Enterprise for the purposes established in s. 341.303(5).
117 Section 2. Subsection (2) of section 206.46, Florida
118 Statutes, is amended to read:
119 206.46 State Transportation Trust Fund.—
120 (2) Notwithstanding any other provisions of law, from the
121 revenues deposited into the State Transportation Trust Fund a
122 maximum of 7 percent in each fiscal year shall be transferred
123 into the Right-of-Way Acquisition and Bridge Construction Trust
124 Fund created in s. 215.605, as needed to meet the requirements
125 of the documents authorizing the bonds issued or proposed to be

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126 issued under ss. 215.605 and 337.276 or at a minimum amount
127 sufficient to pay for the debt service coverage requirements of
128 outstanding bonds. Notwithstanding the 7 percent annual transfer
129 authorized in this subsection, the annual amount transferred
130 under this subsection may shall not exceed an amount necessary
131 to provide the required debt service coverage levels for a
132 maximum debt service not to exceed $350 $275 million. Such
133 transfer shall be payable primarily from the motor and diesel
134 fuel taxes transferred to the State Transportation Trust Fund
135 from the Fuel Tax Collection Trust Fund.
136 Section 3. Subsection (1) of section 206.606, Florida
137 Statues, is amended to read:
138 206.606 Distribution of certain proceeds.—
139 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
140 206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
141 Fund. Such moneys, after deducting the service charges imposed
142 by s. 215.20, the refunds granted pursuant to s. 206.41, and the
143 administrative costs incurred by the department in collecting,
144 administering, enforcing, and distributing the tax, which
145 administrative costs may not exceed 2 percent of collections,
146 shall be distributed monthly to the State Transportation Trust
147 Fund, except that:
148 (a) $6.30 million shall be transferred to the Fish and
149 Wildlife Conservation Commission in each fiscal year and
150 deposited in the Invasive Plant Control Trust Fund to be used

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151 for aquatic plant management, including nonchemical control of
152 aquatic weeds, research into nonchemical controls, and
153 enforcement activities. The commission shall allocate at least
154 $1 million of such funds to the eradication of melaleuca.
155 (b) Annually, $2.5 million shall be transferred to the
156 State Game Trust Fund in the Fish and Wildlife Conservation
157 Commission and used for recreational boating activities and
158 freshwater fisheries management and research. The transfers must
159 be made in equal monthly amounts beginning on July 1 of each
160 fiscal year. The commission shall annually determine where unmet
161 needs exist for boating-related activities, and may fund such
162 activities in counties where, due to the number of vessel
163 registrations, sufficient financial resources are unavailable.
164 1. A minimum of $1.25 million shall be used to fund local
165 projects to provide recreational channel marking and other
166 uniform waterway markers, public boat ramps, lifts, and hoists,
167 marine railways, and other public launching facilities, derelict
168 vessel removal, and other local boating-related activities. In
169 funding the projects, the commission shall give priority
170 consideration to:
171 a. Unmet needs in counties having populations of 100,000
172 or less fewer.
173 b. Unmet needs in coastal counties having a high level of
174 boating-related activities from individuals residing in other
175 counties.

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176 2. The remaining $1.25 million may be used for
177 recreational boating activities and freshwater fisheries
178 management and research.
179 3. The commission may adopt rules to administer a Florida
180 Boating Improvement Program.
181
182 The commission shall prepare and make available on its Internet
183 website an annual report outlining the status of its Florida
184 Boating Improvement Program, including the projects funded, and
185 a list of counties whose needs are unmet due to insufficient
186 financial resources from vessel registration fees.
187 (c) 0.65 percent of moneys collected pursuant to s.
188 206.41(1)(g) shall be transferred to the Agricultural Emergency
189 Eradication Trust Fund.
190 (d) $13.4 million in fiscal year 2007-2008 and each fiscal
191 year thereafter of the moneys attributable to the sale of motor
192 and diesel fuel at marinas shall be transferred from the Fuel
193 Tax Collection Trust Fund to the Marine Resources Conservation
194 Trust Fund in the Fish and Wildlife Conservation Commission.
195 Section 4. Section 206.608, Florida Statutes, is amended
196 to read:
197 206.608 State Comprehensive Enhanced Transportation System
198 Tax; deposit of proceeds; distribution.—Moneys received pursuant
199 to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
200 Fuel Tax Collection Trust Fund, and, after deducting the service

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201 charge imposed in chapter 215 and administrative costs incurred
202 by the department in collecting, administering, enforcing, and
203 distributing the tax, which administrative costs may not exceed
204 2 percent of collections, shall be distributed as follows:
205 (1) 0.65 percent of the proceeds of the tax levied
206 pursuant to s. 206.41(1)(f) shall be transferred to the
207 Agricultural Emergency Eradication Trust Fund.
208 (2) The remaining proceeds of the tax levied pursuant to
209 s. 206.41(1)(f) and all of the proceeds from the tax imposed by
210 s. 206.87(1)(d) shall be transferred into the State
211 Transportation Trust Fund, and may be used only for projects in
212 the adopted work program in the district in which the tax
213 proceeds are collected and, to the maximum extent feasible, such
214 moneys shall be programmed for use in the county where
215 collected. However, no revenue from the taxes imposed pursuant
216 to ss. 206.41(1)(f) and 206.87(1)(d) in a county shall be
217 expended unless the projects funded with such revenues have been
218 included in the work program adopted pursuant to s. 339.135.
219 Section 5. Subsection (6) of section 212.0501, Florida
220 Statutes, is amended to read:
221 212.0501 Tax on diesel fuel for business purposes;
222 purchase, storage, and use.—
223 (6) All taxes required to be paid on fuel used in self-
224 propelled off-road equipment shall be deposited in the Fuel Tax
225 Collection Trust Fund, to be distributed, after deduction of the

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226 general revenue service charge pursuant to s. 215.20, to the
227 State Transportation Trust Fund. The department shall, each
228 month, make a transfer, from general revenue collections, equal
229 to such use tax reported on dealers' sales and use tax returns.
230 Section 6. Paragraph (b) of subsection (1) of section
231 316.126, Florida Statutes, is amended to read:
232 316.126 Operation of vehicles and actions of pedestrians
233 on approach of certain an authorized emergency, sanitation, or
234 utility service vehicles vehicle.—
235 (1)
236 (b) If an authorized emergency vehicle displaying any
237 visual signals is parked on the roadside, a sanitation vehicle
238 is performing a task related to the provision of sanitation
239 services on the roadside, a utility service vehicle is
240 performing a task related to the provision of utility services
241 on the roadside, or a wrecker displaying amber rotating or
242 flashing lights is performing a recovery or loading on the
243 roadside, or a road and bridge maintenance or construction
244 vehicle displaying warning lights is on the roadside without
245 advance signs and channelizing devices, the driver of every
246 other vehicle, as soon as it is safe:
247 1. Shall vacate the lane closest to the emergency vehicle,
248 sanitation vehicle, utility service vehicle, or wrecker, or road
249 and bridge maintenance or construction vehicle when driving on
250 an interstate highway or other highway with two or more lanes

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251 traveling in the direction of the emergency vehicle, sanitation
252 vehicle, utility service vehicle, or wrecker, or road and bridge
253 maintenance or construction vehicle, except when otherwise
254 directed by a law enforcement officer. If such movement cannot
255 be safely accomplished, the driver shall reduce speed as
256 provided in subparagraph 2.
257 2. Shall slow to a speed that is 20 miles per hour less
258 than the posted speed limit when the posted speed limit is 25
259 miles per hour or greater; or travel at 5 miles per hour when
260 the posted speed limit is 20 miles per hour or less, when
261 driving on a two-lane road, except when otherwise directed by a
262 law enforcement officer.
263 Section 7. Paragraph (f) of subsection (7) of section
264 316.545, Florida Statutes, is amended to read:
265 316.545 Weight and load unlawful; special fuel and motor
266 fuel tax enforcement; inspection; penalty; review.—
267 (7) There is created within the Department of
268 Transportation the Commercial Motor Vehicle Review Board,
269 consisting of three permanent members who shall be the Secretary
270 of Transportation, the executive director of the Department of
271 Highway Safety and Motor Vehicles, and the Commissioner of
272 Agriculture, or their authorized representatives, and four
273 additional members appointed pursuant to paragraph (b), which
274 may review any penalty imposed upon any vehicle or person under
275 the provisions of this chapter relating to weights imposed on

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276 the highways by the axles and wheels of motor vehicles, to
277 special fuel and motor fuel tax compliance, or to violations of
278 safety regulations.
279 (f) The review board may hold sessions and conduct
280 proceedings at any place within the state. As an alternative to
281 appearing physically physical appearance, and in addition to any
282 other method of appearance authorized by rule, the Department of
283 Transportation shall allow provide space and video conference
284 capability at each district office to enable a person requesting
285 a hearing to appear remotely before the board via communications
286 media technology authorized by chapter 28-109, Florida
287 Administrative Code, regardless of the physical location of the
288 board proceeding.
289 Section 8. Subsection (5) of section 319.32, Florida
290 Statutes, is amended to read:
291 319.32 Fees; service charges; disposition.—
292 (5)(a) Forty-seven dollars of each fee collected, except
293 for fees charged on a certificate of title for a motor vehicle
294 for hire registered under s. 320.08(6), for each applicable
295 original certificate of title and each applicable duplicate copy
296 of a certificate of title, after deducting the service charges
297 imposed by s. 215.20, shall be deposited into the State
298 Transportation Trust Fund. Deposits to the State Transportation
299 Trust Fund pursuant to this paragraph may not exceed $200
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301 that amount during the fiscal year shall be paid into the
302 General Revenue Fund.
303 (b) All fees collected pursuant to subsection (3) shall be
304 paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
305 each fee, except for fees charged on a certificate of title for
306 a motor vehicle for hire registered under s. 320.08(6), for each
307 applicable original certificate of title and each applicable
308 duplicate copy of a certificate of title, after deducting the
309 service charges imposed by s. 215.20, shall be deposited into
310 the State Transportation Trust Fund. All other fees collected by
311 the department under this chapter shall be paid into the General
312 Revenue Fund.
313 Section 9. Section 333.15, Florida Statutes, is created to
314 read:
315 333.15 Rulemaking authority.—The department shall adopt
316 rules pursuant to ss. 120.536(1) and 120.54 to implement this
317 chapter.
318 Section 10. Subsections (1), (3), and (4) of section
319 335.199, Florida Statutes, are amended to read:
320 335.199 Transportation projects modifying access to
321 adjacent property.—
322 (1) Whenever the Department of Transportation proposes any
323 project on the State Highway System which will divide a state
324 highway, erect median barriers modifying currently available
325 vehicle turning movements, or have the effect of closing or

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326 modifying an existing access to an abutting property owner, the
327 department shall notify all affected property owners,
328 municipalities, and counties at least 180 days before the design
329 phase of the project is completed finalized. The department's
330 notice shall provide a written explanation regarding the need
331 for the project and indicate that all affected parties will be
332 given an opportunity to provide comments to the department
333 regarding potential impacts of the change.
334 (3) The department shall hold at least one public meeting
335 before completing the design phase of the project hearing in the
336 jurisdiction where the project is located and receive public
337 input to determine how the project will affect access to
338 businesses and the potential economic impact of the project on
339 the local business community.
340 (4) The department must review all comments from the
341 public meeting hearing and take the comments and any
342 alternatives presented by a local government under subsection
343 (2) into consideration in the final design of the highway
344 project.
345 Section 11. Paragraph (c) of subsection (4) and paragraph
346 (g) of subsection (7) of section 339.135, Florida Statutes, are
347 amended to read:
348 339.135 Work program; legislative budget request;
349 definitions; preparation, adoption, execution, and amendment.—
350 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—

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351 (c)1. For purposes of this section, the board of county
352 commissioners shall serve as the metropolitan planning
353 organization in those counties which are not located in a
354 metropolitan planning organization and shall be involved in the
355 development of the district work program to the same extent as a
356 metropolitan planning organization.
357 2. The district work program shall be developed
358 cooperatively from the outset with the various metropolitan
359 planning organizations of the state and include, to the maximum
360 extent feasible, the project priorities of metropolitan planning
361 organizations which have been submitted to the district by
362 August 1 October 1 of each year pursuant to s. 339.175(8)(b);
363 however, the department and a metropolitan planning organization
364 may, in writing, cooperatively agree to vary this submittal
365 date. To assist the metropolitan planning organizations in
366 developing their lists of project priorities, the district shall
367 disclose to each metropolitan planning organization any
368 anticipated changes in the allocation or programming of state
369 and federal funds which may affect the inclusion of metropolitan
370 planning organization project priorities in the district work
371 program.
372 3. Before Prior to submittal of the district work program
373 to the central office, the district shall provide the affected
374 metropolitan planning organization with written justification
375 for any project proposed to be rescheduled or deleted from the

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HB 1385 2021

376 district work program which project is part of the metropolitan
377 planning organization's transportation improvement program and
378 is contained in the last 4 years of the previous adopted work
379 program. By no later than 14 days after submittal of the
380 district work program to the central office, the affected
381 metropolitan planning organization may file an objection to such
382 rescheduling or deletion. When an objection is filed with the
383 secretary, the rescheduling or deletion may not be included in
384 the district work program unless the inclusion of such
385 rescheduling or deletion is specifically approved by the
386 secretary. The Florida Transportation Commission shall include
387 such objections in its evaluation of the tentative work program
388 only when the secretary has approved the rescheduling or
389 deletion.
390 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
391 (g)1. Any work program amendment which also requires the
392 transfer of fixed capital outlay appropriations between
393 categories within the department or the increase of an
394 appropriation category is subject to the approval of the
395 Legislative Budget Commission.
396 2. If a meeting of the Legislative Budget Commission
397 cannot be held within 30 days after the department submits an
398 amendment to the Legislative Budget Commission, the chair and
399 vice chair of the Legislative Budget Commission may authorize
400 such amendment to be approved pursuant to s. 216.177. This

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401 subparagraph expires July 1, 2021.
402 Section 12. Paragraph (b) of subsection (8) of section
403 339.175, Florida Statutes, is amended to read:
404 339.175 Metropolitan planning organization.—
405 (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
406 in cooperation with the state and affected public transportation
407 operators, develop a transportation improvement program for the
408 area within the jurisdiction of the M.P.O. In the development of
409 the transportation improvement program, each M.P.O. must provide
410 the public, affected public agencies, representatives of
411 transportation agency employees, freight shippers, providers of
412 freight transportation services, private providers of
413 transportation, representatives of users of public transit, and
414 other interested parties with a reasonable opportunity to
415 comment on the proposed transportation improvement program.
416 (b) Each M.P.O. annually shall prepare a list of project
417 priorities and shall submit the list to the appropriate district
418 of the department by August 1 October 1 of each year; however,
419 the department and a metropolitan planning organization may, in
420 writing, agree to vary this submittal date. Where more than one
421 M.P.O. exists in an urbanized area, the M.P.O.'s shall
422 coordinate in the development of regionally significant project
423 priorities. The list of project priorities must be formally
424 reviewed by the technical and citizens' advisory committees, and
425 approved by the M.P.O., before it is transmitted to the

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HB 1385 2021

426 district. The approved list of project priorities must be used
427 by the district in developing the district work program and must
428 be used by the M.P.O. in developing its transportation
429 improvement program. The annual list of project priorities must
430 be based upon project selection criteria that, at a minimum,
431 consider the following:
432 1. The approved M.P.O. long-range transportation plan;
433 2. The Strategic Intermodal System Plan developed under s.
434 339.64.
435 3. The priorities developed pursuant to s. 339.2819(4).
436 4. The results of the transportation management systems;
437 and
438 5. The M.P.O.'s public-involvement procedures.
439 Section 13. This act shall take effect July 1, 2021.

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COMMERCE COMMITTEE

HB 1385 by Rep. LaMarca
DEPARTMENT OF TRANSPORTATION

AMENDMENT SUMMARY
APRIL 14, 2021

Amendment 1 by Rep. LaMarca (Line 229)
Revises the July 1, 2020, expiration date of certain funding for the Intermodal Logistics
Center Infrastructure Support Program to July 1, 2025.

Amendment 2 by Rep. LaMarca (Line 438):
Removes the requirement that the South Florida Regional Transportation Authority
receive Department of Transportation (DOT) approval prior to entering into, extending,
or renewing any contract using DOT funds.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1385 (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 LaMarca offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 229-230 and insert:
6 Section 6. Subsection (7) of section 311.101, Florida
7 Statutes, is amended to read:
8 311.101 Intermodal Logistics Center Infrastructure Support
9 Program.—
10 (7) Beginning in fiscal year 2014-2015, At least $5
11 million per year shall be made available from the State
12 Transportation Trust Fund for the program. The Department of
13 Transportation shall include projects proposed to be funded
14 under this section in the tentative work program developed
15 pursuant to s. 339.135(4). This subsection expires on July 1,
16 2025 2020.
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1385 (2021)
Amendment No. 1

17
18 -----------------------------------------------------
19 T I T L E A M E N D M E N T
20 Remove line 15 and insert:
21 moneys; amending s. 311.101, F.S.; extending the expiration date
22 for certain funding for the Intermodal Logistics Center
23 Infrastructure Support Program; amending s. 316.126, F.S.;
24 requiring vehicle

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Page 2 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1385 (2021)
Amendment No. 2

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 LaMarca offered the following:
3
4 Amendment (with title amendment)
5 Between lines 438 and 439, insert:
6 Section 13. Subsections (4), (5), and (6) of section
7 343.54, Florida Statutes, are amended to read:
8 343.54 Powers and duties.—
9 (4) Notwithstanding any other provision of this part, the
10 authority may not enter into, extend, or renew any contract or
11 other agreement that may be funded, in whole or in part, with
12 funds provided by the department without the prior review and
13 written approval by the department of the authority's proposed
14 expenditures.
15 (4)(5) The authority shall develop and adopt a plan for
16 the operation, maintenance, and expansion of the transit system.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1385 (2021)
Amendment No. 2

17 Such plan shall address the authority's plan for the development
18 of public and private revenue sources, and the service to be
19 provided, including expansions of current service which are
20 consistent, to the maximum extent feasible, with approved local
21 government comprehensive plans. The plan shall be reviewed and
22 updated annually.
23 (5)(6) The authority, by a resolution of its governing
24 board, may expand its service area into Monroe County. The board
25 shall determine the conditions and terms of the partnership,
26 except as provided herein. However, the authority may not expand
27 its service area without the consent of the board of county
28 commissioners representing the proposed expansion area, and a
29 county may not be added to the service area except in the year
30 that federal reauthorization legislation for transportation
31 funds is enacted. The authority shall not expand into any county
32 other than Monroe County without the department's prior written
33 approval.
34 Section 14. Paragraph (d) of subsection (2) of section
35 343.53, Florida Statutes, is amended to read:
36 343.53 South Florida Regional Transportation Authority.—
37 (2) The governing board of the authority shall consist of
38 10 voting members, as follows:
39 (d) If the authority's service area is expanded pursuant
40 to s. 343.54(5) s. 343.54(6), the county containing the new
41 service area shall have two members appointed to the board as
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1385 (2021)
Amendment No. 2

42 follows:
43 1. The county commission of the county shall elect a
44 commissioner as that commission's representative on the board.
45 The commissioner must be a member of the county commission when
46 elected and for the full extent of his or her term.
47 2. The Governor shall appoint a citizen member to the
48 board who is not a member of the county commission but who is a
49 resident and a qualified elector of that county.
50
51 -----------------------------------------------------
52 T I T L E A M E N D M E N T
53 Remove lines 58-59 and insert:
54 programs; amending s. 343.54, F.S.; deleting a requirement that
55 the South Florida Regional Transportation Authority receive
56 prior review and written approval of certain contracts; amending
57 s. 343.53, F.S.; conforming a cross reference; providing an
58 effective date.

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Page 3 of 3
CS/HB 1463
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1463 Department of Economic Opportunity
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, LaMarca
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1948

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 18 Y, 0 N, As CS Willson Keating

2) Infrastructure & Tourism Appropriations 14 Y, 0 N Hicks Davis
Subcommittee

3) Commerce Committee Willson Hamon

SUMMARY ANALYSIS

The Department of Economic Opportunity (DEO) is tasked with assisting the Governor in working with the
Legislature, state agencies, business leaders, and economic development professionals to formulate and
implement coherent and consistent policies and strategies designed to promote economic opportunities for all
Floridians. DEO must also ensure that the state's goals and policies relating to economic development,
workforce development, community planning and development, and affordable housing are fully integrated with
appropriate implementation strategies. Currently, the DEO agency head is referred to as the “Executive
Director.”

The bill provides that the DEO agency head will be known as “Secretary” instead of “Executive Director” and
adds the Secretary to the Board of Directors for Enterprise Florida and CareerSource Florida, respectively.
Additionally, the bill establishes an Office of Economic Accountability and Transparency within DEO.

The bill provides flexibility to DEO relating to the administration of the federally funded Florida Small Cities
Community Development Block Grant Program and provides for expedited permitting for certain homeowners
affected by natural disasters.

The bill makes several changes relating to Florida’s reemployment assistance program in order to modernize,
increase efficiency and effectiveness, and provide for additional accountability.

The bill does not appear to impact state revenues, and any actions to modernize the reemployment assistance
system during the 2021-22 fiscal year are included in the House proposed General Appropriations Act for FY
2021-2022.

The bill takes effect upon becoming law.

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

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Florida’s economic development system is multi-faceted and includes public agencies, non-profit
corporations, and private entities at the state, regional, and local level. The Legislature created some of
these organizations, while others are units of local government or privately formed associations or
alliances. Many of the organizations have similar missions (e.g., encouraging economic development
and enhancing the state’s business climate) and serve the same constituencies (e.g., in- and out-of-
state businesses and the state’s economic and workforce development communities). The most
prominent of these organizations are Enterprise Florida, Inc. and the Department of Economic
Opportunity.1

Department of Economic Opportunity (DEO)

Current Situation

The Department of Economic Opportunity (DEO) is tasked with assisting the Governor in working with
the Legislature, state agencies, business leaders, and economic development professionals to
formulate and implement coherent and consistent policies and strategies designed to promote
economic opportunities for all Floridians.2 DEO must also ensure that the state's goals and policies
relating to economic development, workforce development, community planning and development, and
affordable housing are fully integrated with appropriate implementation strategies.3

To achieve these goals, the Legislature established five divisions within DEO:
 Strategic Business Development
 Community Development
 Workforce Services
 Finance and Administration
 Division of Information Technology4

These divisions help fulfill DEO’s statutorily mandated responsibilities, which include to:
 Facilitate the direct involvement of the Governor and the Lieutenant Governor in economic
development and workforce development projects designed to create, expand, and retain
businesses in this state, to recruit business from around the world, and to facilitate other job-
creating efforts.
 Recruit new businesses to this state and promote the expansion of existing businesses by
expediting permitting and location decisions, worker placement and training, and incentive
awards.
 Promote viable, sustainable communities by providing technical assistance and guidance on
growth and development issues, grants, and other assistance to local communities.
 Ensure that the state’s goals and policies relating to economic development, workforce
development, community planning and development, and affordable housing are fully integrated
with appropriate implementation strategies.
 Manage the activities of public-private partnerships and state agencies in order to avoid
duplication and promote coordinated and consistent implementation of programs in areas
including, but not limited to, tourism; international trade and investment; business recruitment,
creation, retention, and expansion; minority and small business development; rural community
development; and the development and promotion of professional and amateur sporting events.

1 OPPAGA, Report No. 16-09, Agency Review-Enterprise Florida, Inc., and Department of Economic Opportunity, at 6. (Dec. 2016)
2 S. 20.60(4), F.S.
3 OPPAGA, Program Summary: Department of Economic Opportunity,

https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=6101 (last visited Mar. 11, 2021).
4 S. 20.60(3), F.S.

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 Coordinate with state agencies on the processing of state development approvals or permits to
minimize the duplication of information provided by the applicant and the time before approval
or disapproval.5

Current law refers to the head of DEO as the “executive director.”6 However, Florida law generally
provides that the term “secretary” means “an individual who is appointed by the Governor to head a
department and who is not otherwise named in the State Constitution” whereas “executive director”
means the chief administrative employee or officer of a department headed by a board or by the
Governor and the Cabinet.7

Currently, DEO does not have an office or program expressly dedicated to overseeing transparency
and accountability for the agency.

Effect of the Bill

The bill renames the DEO agency head as the “Secretary” from the “Executive Director,” establishes
the Office of the Secretary, and allows for the appointment of deputy assistant secretaries. The bill also
amends cross references to reflect the change in title concerning the agency head of DEO.

The bill establishes the Office of Economic Accountability and Transparency within DEO, which must:
 Oversee critical objectives and ensure key objectives are clearly communicated to the public.
 Organize resources, expertise, data, and research to focus on and solve the complex economic
challenges facing the state.
 Provide leadership for priority issues that require integration of policy, managements, and
critical objectives from multiple programs and organizations internal and external to DEO.
 Promote and facilitate key initiatives to address priority economic issues and explore data and
identify opportunities for innovative approaches to address such economic issues.
 Promote strategic planning.

Community Development Block Grants

Current Situation

Florida Small Cities Community Development Block Grant Program

In 1981, Congress amended the Housing and Community Development Act of 1974 to give each
state the opportunity to administer Community Development Block Grant (CDBG) funds for non-
entitlement areas. Non-entitlement8 areas include local governments which do not receive CDBG
funds directly from the U.S. Department of Housing and Urban Development (HUD) as part of the
entitlement program (Entitlement Cities and Urban Counties). The purpose of the Act is to assist
local governments in carrying out effective community development and project planning/design
activities to reverse community decline.9

HUD distributes funds to each state through a statutory formula based on population, poverty,
incidence of overcrowded housing, and age of housing. Neither HUD nor states distribute funds

5 S. 20.60(4), F.S.
6 S. 20.60(2), F.S.
7 S. 20.03, F.S.
8 Funding for the Florida Small Cities CDBG Program is competitive and there are no “targeted” areas. The HUD identifies communities

as non-entitlement local governments. Communities that do not have an open Commercial Revitalization, Neighborhood Revitalization,
or Housing Rehabilitation subgrant are eligible to apply for CDBG funding in one of those categories. For a list of the Florida
communities that were eligible to receive CDBG funding during the FFY 2019 funding cycle, see DEO, Small Cities Community
Development Block Grant FFY 2019 Eligible Communities, https://floridajobs.org/docs/default-source/2015-community-
development/community-revitalization/cdbg/applicants/ffy2019smallcitieseligiblecommunities.pdf?sfvrsn=11a948b0_2 (last visited Mar.
11, 2021).
9 Id.

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directly to citizens or private organizations. State governments, in turn, distribute the funds to local
governments.10

DEO manages four CDBG Programs:
 Florida Small Cities Community Development Block Grant (CDBG) Program
 CDBG – Coronavirus Relief Funding (CDBG-CV)
 Office of Disaster Recovery
 Neighborhood Stabilization Program

The Community Development Block Grant (CDBG) Program is a federal program that provides funding
for housing and community development activities. The program consists of two components:
 Entitlement Program - funds are provided directly to urban communities, and
 State Program - funds are allocated to the states for distribution to eligible non-entitlement
communities

DEO administers the State Program in Florida through the Small Cities CDBG Program, which is a
competitive grant program that awards funds to units of local government in small urban and rural
areas. Florida receives between 18 and 26 million dollars annually from HUD to award subgrants to
eligible units of local government. The program provides an opportunity for communities to obtain funds
for projects that they cannot otherwise afford. CDBG funds can also provide administrative support for
local governments that may not have the staffing resources necessary to administer their projects.

Chapter 290, F.S., provides that the intent of the Florida Small Cities CDBG Program Act (Act) is to
provide the necessary means to develop, preserve, redevelop, and revitalize Florida communities
exhibiting signs of decline or distress by enabling local governments to undertake necessary
community development programs. Mirroring the federal law, the overall objective of the program is
to create viable communities by eliminating slum and blight, fortifying communities in urgent need,
providing adequate housing and suitable living environments, and expanding economic
opportunities, principally for persons of low or moderate income.11

An eligible local government may apply up to three times in any one annual funding cycle for an
economic development grant, but may not receive more than one such grant per annual funding cycle.
Current law further specifies that a local government may have more than one open economic
development grant.12

The following units of local government are eligible to apply for Small Cities CDBG funds:
 Cities with fewer than 50,000 residents that have not accepted special entitlement status
and have not opted to join an entitlement program.
 Counties with fewer than 200,000 residents.
 Cities with more than 50,000 residents that have opted out of the urban entitlement
program.

The program focuses on the following four funding categories:
 Commercial Revitalization
 Economic Development
 Housing Rehabilitation
 Neighborhood Revitalization

10 Id.
11 S. 290.0411, F.S. See 42 U.S.C.§ 5302(a)(20). “Persons of low or moderate income” means any person who meets the definition

established by the federal Department of Housing and Urban Development. HUD defines “persons of low income” as families and
individuals whose incomes do not exceed 50 percent of the median income of a service area, as determined by HUD. “Persons of
moderate income” are defined as families and individuals whose incomes exceed 50 percent, but do not exceed 80 percent of the
median income of a service area, as determined by HUD.
12 S. 290.046(2), F.S.

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To be eligible for funding, an activity must meet at least one of the following objectives:
 Benefit to Low-and Moderate-Income Persons - At least 51 percent of the beneficiaries must
be low- and moderate-income persons (total household income is at or below 80 percent of
the area's median income).
 Elimination of Slum and Blight - Eliminate conditions of slum or blight as defined by state
law and identified by the unit of local government on a spot or area basis.
 Address an Urgent Need - The activity must alleviate a condition that poses a serious and
immediate threat to those living in the area. The condition must have occurred within 18
months of application. The unit of local government must demonstrate that it is unable to
finance the activity on its own and that other funding is not available.

Examples of CDBG-funded projects include:
 Water and sewer improvements
 Rehabilitation of substandard housing
 Street and sidewalk improvements
 Economic development activities that create jobs for low-and moderate-income people
 Downtown revitalization, including facade improvements, streetscaping, and underground
utilities
 Park facilities and community centers
 Drainage & stormwater improvements

Community Development Block Grant-Disaster Recovery

The Community Development Block Grant-Disaster Recovery Program (CDBG-DR) is a federally
funded program administered by HUD. CDBG-DR programs are long-term recovery programs that work
to provide safe, sanitary, and decent homes for Florida citizens recovering from the devastating
impacts of hurricanes and other natural disasters. The CDBG-DR program repairs or replaces the
residential housing of low- and moderate-income individuals and most vulnerable citizens who have
been unable to recover from a disaster after exhaustion of all other forms of assistance.

The Office of Long-Term Resiliency within DEO conducts single-family residential housing repair and
replacement for Florida residents whose homes still have unrepaired damage from Hurricanes
Hermine, Matthew, Irma, and Michael. These projects must comply with the Florida Building Code by
applying for and receiving Florida building permits from the applicable local building code enforcement
jurisdictions. Applications for and issuance of permitting for these projects is currently given the same
priority as any other residential permit application.

Effect of the Bill

Relating to the Florida Small Cities CDBG Program, the bill:
 Amends definitions to align with applicable federal law.
 Removes the requirement that applicants may only participate in one program category.
 Changes the percentage of funds that can be set aside for an emergency or natural disaster
that has been declared by an executive order, from 5 percent to 15 percent.
 Allows funds set aside for an emergency or natural disaster to be used for unfunded
applications for any funding cycle and not just the most recent funding cycle.
 Removes provisions which limit the number of grant applications a local government may
submit during each grant cycle.
 Removes the requirement that unused economic development grant funds be awarded on a first
come, first serve basis, and
 Specifies that DEO may prohibit an applicant from receiving a grant or may penalize an
applicant in the rating of a current application if the DEO determines that any applicant has
failed to substantially accomplish the results it proposed in previously funded applications.

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The bill requires that a building permit for a single-family residential dwelling applied for by a contractor
on behalf of a homeowner who participates in a CDBG—DR program must be issued within 15 days,
unless the application fails to satisfy the Florida Building Code or local government ordinance.

Reemployment Assistance

Current Situation

The federal Unemployment Insurance Program provides unemployment benefits to qualified workers
who are unemployed through no fault of their own and who meet the requirements of state law. The
program is administered as a partnership of the federal government and the states. The individual
states collect unemployment compensation payroll taxes on a quarterly basis, which are used to pay
benefits. Subject to the approval of the United States Department of Labor (USDOL), each state also
sets tax rates, benefit levels, and trust fund balances based on the state’s needs.13

Florida’s unemployment insurance program was created by the Legislature in 193714 and was
rebranded as the “Reemployment Assistance Program” in 2012.15 DEO is responsible for administering
the program and determining the calculation and payment of reemployment assistance (RA) benefits to
eligible claimants. The Reemployment Assistance Program supports reemployment services through
local One-Stop Career Centers located throughout the state.

A qualified worker is one who is able, available, and actively searching for work, who lost their job
through no fault of their own, or who had good cause to leave, and who earned at least $3,400 during
their base period.16 The base period is the 12 month period which covers the first four of the last five
quarters prior to the date of the claim.17 Employees who quit their jobs voluntarily may still be eligible for
reemployment assistance if they were required to work in an unsafe or hostile environment.18 Military
spouses who voluntarily leave work to relocate as a result of their spouse’s military-connected change
of station orders, activation orders, or unit deployment orders are also considered to have good cause
and are eligible for reemployment assistance.19 In order to remain eligible for benefits, claimants must
actively seek employment by making at least five verifiable job contacts or activities each week.20
Claimants will lose their eligibility if DEO finds that they have failed to accept suitable work.21
Reemployment assistance is funded entirely by employers.22 Private employers are known as
contributory employers and fund the program through a tax on their businesses.23 Public employers are
considered reimbursable employers, meaning they pay the exact amount of benefits received by
claimants.24 A public employer may elect to become a contributory employer.25 Non-profits are
contributory employers by default, but may elect to become reimbursable employers.26 Employers must

13 USDOL, Employment and Training Administration, State Unemployment Insurance Benefits,
http://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp (last visited Jan. 28, 2020).
14 Ch. 18402, Laws of Fla.
15 Ch. 2012-30, Laws of Fla.
16 Id.
17 S. 443.036(7), F.S.
18 Spangler v. Unemployment Appeals Com’n, 632 So. 2d 98, (Fla. 5th DCA 1994). (holding that quitting because employer failed to

remedy an unsanitary workplace is good cause); Rivera v. Florida Unemployment Appeals Com’n, 99 So. 3d 505, (Fla. 3d DCA 2011).
(holding that quitting because of sexual harassment by a co-worker is good cause); Grossman v. Jewish Community Center of Greater
Fort Lauderdale Inc., 704 So. 2d 714, (Fla. 4th DCA 1998). (holding that quitting because of verbal abuse by one’s employer is good
cause).
19 S. 443.101(1)(a)1., F.S.
20 S. 443.091(1)(d), F.S.
21 S. 443.101(2), F.S.
22 DEO, Claimant FAQs, http://www.floridajobs.org/Reemployment-Assistance-Service-Center/reemployment-

assistance/claimants/claimant-faqs (last visited Jan. 22, 2019).
23 DEO, Employer Reemployment Assistance FAQ, http://www.floridajobs.org/frequently-asked-questions-directory/faqs (last visited

Jan. 22, 2019).
24 Id.
25 S. 443.1313, F.S.
26 S. 443.1312, F.S.

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submit quarterly tax and wage reports regardless of employment activity or whether any taxes are
due.27 Employers are taxed on the first $7,000 that they pay to each employee.28

Domestic Violence Victims

Current law provides that an individual may not be disqualified from receiving reemployment assistance
if he or she voluntarily leaves work and is able to prove that the discontinuation of employment is a
direct result of circumstances related to domestic violence.29 An individual who leaves work as a result
of domestic violence must make reasonable efforts to preserve employment unless the individual
establishes that such remedies are likely to be futile or increase risk of future incidents of domestic
violence. The employee must have a reasonable belief that he or she is likely to be the victim of a
future act of domestic violence at, in transit to, or departing from his or her place of employment. An
individual who is otherwise eligible for reemployment assistance is ineligible for each week that he or
she no longer meets such criteria or refuses a reasonable accommodation offered in good faith by his
or her employing unit.

Employer Response to Claims

As part of the RA eligibility review process, employers are sent a notice of claim which is used, in part,
to obtain information on the employment separation for the person requesting RA benefits. Employers
have 20 days to respond to the notice of claim.30

Appeals Referees

Current law requires that a practicing RA appeals referee be admitted to the Florida Bar within eight
months after they begin employment with DEO.31 This requirement does not apply to appeals referees
who were appointed before January 1, 2014.

Monetary Reconsideration

As part of the eligibility review process, DEO must determine if the individual filing for RA benefits is
monetarily eligible. To be monetarily eligible, the individual must: (1) have at least $3,400 in total wages
in the base period; (2) have been paid wages in two or more calendar quarters in the base period; and
(3) have total base period wages of at least 1 ½ times the wages in the quarter having the highest
earnings. The individual will receive a monetary determination, which will inform them if they are
monetarily eligible, and, if they are, it will provide information on their weekly benefit amount. If the
individual is monetarily ineligible, the determination will provide the reason why they are ineligible. If the
individual disagrees with the determination, they have the right to dispute it.

Current law provides that an individual has 20 days to file an appeal or a written request for
reconsideration if they disagree with the monetary determination. Currently, an individual can file both a
reconsideration request and an appeal at the same time.32

Disqualification for Fraud

Individuals who make false or fraudulent representations to obtain RA benefits are disqualified from
receiving benefits. The disqualification begins with the week in which the false or fraudulent
representation is made and continues for a period not to exceed one year after the date DEO discovers

27 Florida Department of Revenue, Employer’s Quarterly Report, http://floridarevenue.com/Forms_library/current/rt6.pdf (last visited

Jan. 25, 2019).
28 Florida Department of Revenue, Reemployment Tax Rate Information, http://floridarevenue.com/taxes/taxesfees/Pages/rt_rate.aspx

(last visited Jan. 22, 2019).
29 S. 443.01, F.S.
30 S. 443.151(3)(a), F.S.
31 S. 443.151, F.S.,
32 S. 443.151(3)(b), F.S.

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the false or fraudulent representation and until any overpayment of benefits resulting from the
representation has been repaid in full.33

Work Search Requirement

Current law provides that for each week of unemployment claimed, the individual must report the name,
address, and telephone number of each prospective employer contacted or the date the individual
reported to a one-stop career center.34

Statute of Limitations for Appeals

A claimant or adverse party may file an appeal to an adverse determination within 20 days after the
date a notice is mailed to her or his last known address or, if the notice is not mailed, within 20 days
after the date the notice is delivered. An appeal may be filed after the 20-day time limit if the individual
can show good cause as to why they failed to appeal the determination timely. 35

COVID-19 Pandemic and the CONNECT System36

Florida’s unemployment system is administered by DEO using the CONNECT system, which was
deployed in 2013 to provide a modernized, web-based system and to replace a mainframe system.37
According to ISF, an information technology and strategy firm who completed an assessment of the
CONNECT system between November 2020 and February 2021, the CONNECT system was not
designed to process the volume of claims received during the COVID-19 pandemic.38 ISF analyzed
ways to improve the delivery of RA benefits, including a phased approach to ensure the DEO can meet
current and future demands.39 ISF’s assessment provides an overview of the current state of the
CONNECT system, and recommends the modernization of the RA system, which includes cloud
migration.40

On May 4, 2020, at the request of Governor DeSantis, the Office of the Chief Inspector General (CIG)
initiated a review of the CONNECT system.41 The scope of the CIG’s review considered available
documentation and testimony about the CONNECT system from the period of 2007 to 2020.42 The
CIG’s recommendations in the draft report included the following:
 Document future Information Technology (IT) system capacity requirements and expected
utilization in system testing plans and test results;
 Assess the proposed level of maturity of any state transfer or commercial off-the-shelf system
relied upon for risk and properly document the risk;
 Monitor what is being provided by the vendor and build in an escape plan and financial
penalties for noncompliance;
 Require project management to be flat and agile, which may include considering more modular
IT projects to accommodate future and rapid technological changes; and
 Strengthen administrative and physical infrastructure needs, which may include moving the
future CONNECT system to the cloud to allow for greater scalability.43

33 S. 443.101(6), F.S.
34 S. 443.091, F.S.
35 S. 443.151(4)(b)3., F.S.
36 See Executive Office of the Governor, Office Of The Chief Inspector General, Review Of The Department Of Economic Opportunity

Florida Connect System (Mar. 4, 2021) https://www.flgov.com/wp-content/uploads/2021/03/202005040015-Draft-Report-
3.4.21_2.05pm.pdf (last visited Mar. 11, 2021).
37 DEO, Improved Delivery of Reemployment Assistance Benefits – Final Report at 1 (Feb. 26, 2021) http://floridajobs.org/docs/default-

source/communicationsfiles/2021-improved-delivery-of-reemployment-assistance-benefits-final-report-and-cost-benefit-analysis.pdf
(last visited Mar. 16, 2021).
38 Id. at 2.
39 Id.
40 Id.
41 Office of the Chief Inspector General, Review of the Department of Economic Opportunity Florida CONNECT System at iii (Mar. 4,

2021), available at https://www.flgov.com/wp-content/uploads/2021/03/202005040015-Draft-Report-3.4.21_2.05pm.pdf (last visited
Mar. 16, 2021).
42 Id.
43 Id.

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Effect of the Bill

Relating to reemployment assistance, the bill:
 Removes the requirement that RA claimants include a prospective employer’s telephone
number in their weekly work search report.
 Allows the address of a prospective employer to be provided as a website address, physical
address, or email address in their weekly work search report.
 Allows claimants who are, at the time, victims of domestic violence to certify bi-weekly instead
of weekly.
 Allows DEO to hold a claimant ineligible from the date in which a fraud occurred, instead of
when the claimant advises DEO that the fraud was committed.
 Decreases the amount of time employers may respond to a notice of claim filed, from 20 days to
14 days.
 Requires that a monetary reconsideration be requested, completed, and ruled on prior to an
appeal being filed on the monetary determination.
 Removes the requirement that appeals hearing officers must be Florida Bar licensed attorneys.
 Prohibits an appeal from being filed 5 years or more after the determination was delivered.

The bill requires DEO to implement an integrated, modular system hosted in a cloud computing44
service that provides for rapid provisioning of additional data processing when necessary. The system
must support the efficient distribution of benefits and the effective operation and management of the RA
program, and must:
 Be accessible through the Internet on both mobile devices and personal computers.
 Process reemployment assistance claims and benefit payments.
 Process and manage overpayments.
 Perform adjudication functions.
 Process appeals and manage hearings.
 Manage and process the charging of employers.
 Enhance online, self-service capabilities to claimant and employer information and federal and
state reporting.
 Maintain interoperability with other workforce systems within DEO.

The bill specifies that DEO must perform an annual review of the system and identify enhancements or
modernization efforts that improve the delivery of services to claimants and employers and reporting to
state and federal entities, including:
 Infrastructure upgrades through cloud services.
 Software improvements.
 Enhanced data analytics and reporting.
 Increased cybersecurity.

The bill requires DEO to seek input on recommended enhancements from certain entities, including but
not limited to:
 The Florida Digital Service within the Department of Management Services.
 The General Tax Administration Program Office within the Department of Revenue.
 The Division of Accounting and Auditing within the Department of Financial Services.

Beginning October 1, 2023, the bill requires DEO to annually submit a CONNECT system report to the
Governor, the President of the Senate, and the Speaker of the House of Representatives, which
includes at a minimum:
 A summary of maintenance, enhancement, and modernization efforts over the last fiscal year.
 A 3-year outlook of recommended enhancements or modernization efforts that includes
projected costs and timeframes for completion.

44 Section 282.0041(5), F.S., provides that “Cloud computing” has the same meaning as provided in Special Publication 800-145 issued

by the National Institute of Standards and Technology.
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The bill requires DEO to provide monthly project status reports to the chairs of the Senate and House
Appropriations Committees, the Office of Policy and Budget in the Executive Office of the Governor,
and the Florida Digital Service. Each status report must include ongoing system maintenance activities
and progress made to date for each project milestone, deliverable, and task order, planned and actual
completion dates, planned and actual costs incurred, and any current project issues and risks.

The bill requires DEO to provide project related data to the Florida Digital Service in support of the
Florida Digital Service’s project oversight responsibilities.

Additionally, the bill specifies that, for the 2021-2022 fiscal year, DEO must take actions to modernize
the CONNECT system as provided in the General Appropriations Act.

Enterprise Florida, Inc. (EFI)

Current Situation

EFI is a nonprofit corporation established by the Legislature to serve as the state’s main economic
development organization.45 EFI is required to enter into a performance-based contract with DEO,
which includes annual measurements of the performance of EFI.46 EFI is governed by a board of
directors chaired by the Governor.

The board consists of the Governor or his or her designee, as well as the following appointed members
(or their designee):
 The Commissioner of Education.
 The Chief Financial Officer.
 The Attorney General.
 The Commissioner of Agriculture.
 The chairperson of CareerSource Florida.
 The Secretary of State.
 Twelve members from the private sector (6 of whom are appointed by the Governor, 3 by the
President of the Senate, and 3 by the Speaker of the House of Representatives.)47

As a public-private partnership, EFI is expected to obtain private sector support to help pay for its
operational costs. According to state law, EFI’s legislative appropriations must be matched with private
sector support equal to at least 100% of state operational funding.48 Under state law, private sector
support includes:
 Cash given directly to EFI for its operations, including contributions from at-large members of
the board of directors;
 Cash donations from organizations assisted by EFI’s divisions;
 Cash jointly raised by EFI, private local economic development organizations, a group of such
organizations, or a statewide private business organization that supports collaborative projects;
 Cash generated by fees charged for products or services of EFI and its divisions by sponsorship
of events, missions, programs, and publications; and
 Copayments, stock, warrants, royalties, or other private resources dedicated to EFI.

The Legislature provides an annual appropriation to EFI for its operations. EFI is required to have
divisions related to:
 International Trade and Business Development
 Business Retention and Recruitment

45 S. 288.901, F.S. Chapter 92-277, Laws of Fla., created EFI, while ch. 96-320, Laws of Fla, established EFI as a public-private

partnership.
46 Section 20.60(1), F.S., requires DEO to “establish annual performance standards for Enterprise Florida, Inc., CareerSource Florida,

Inc., the Florida Tourism Industry Marketing Corporation, and Space Florida and report annually on how these performance measures
are being met.”
47 S 288.901(5), F.S.
48 S. 288.904(2)(a), F.S.

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 Tourism Marketing
 Minority Business Development
 Sports Industry Development

Florida law directs EFI’s board of directors to “integrate its efforts in business recruitment and
expansion, job creation, marketing the state for tourism and sports, and promoting economic
opportunities for minority-owned businesses and promoting economic opportunities for rural and
distressed urban communities with those of the department, to create an aggressive, agile, and
collaborative effort to reinvigorate the state’s economy.”49

Effect of the Bill

The bill adds the Secretary of DEO to the Board of Directors of EFI.

CareerSource Florida, Inc.

Current Situation

DEO serves as Florida’s lead workforce agency.50 DEO is responsible for the fiscal and administrative
affairs of the workforce development system.51 DEO receives and distributes federal funds for
employment-related programs to local workforce development boards.52 Additionally, under the
direction of CareerSource, DEO must annually meet with each local workforce development board to
review the board’s performance and to certify that the board is in compliance with applicable state and
federal law.53

CareerSource Florida, Inc., a not-for-profit corporation, serves as Florida’s state-level workforce
development board.54 CareerSource is responsible for the development of a 4-year plan that is
consistent with federal requirements55 and collaborates with DEO, the local workforce development
boards, and one-stop service providers to ensure workforce services are consistent with state and local
plans.56 CareerSource also provides state-level policy direction, planning, and performance evaluation
of the delivery of workforce services.57 Florida law requires CareerSource to operate pursuant to an
agreement with DEO and at the direction of its state board in consultation with DEO.

Regional Workforce Boards

Twenty-four local workforce development boards deliver Florida’s workforce development services
through over 100 one-stop service providers.58 The one-stop service providers give Floridians access
to available workforce services, including job placement, career counseling, and skills training.59
Collectively, the local workforce development boards operate under a charter approved by
CareerSource.60 Each local workforce development board formulates a local budget and oversees the
one-stop delivery system within its local area.61

DEO and the regional workforce boards entered into agreements in July 2020, which required, among
other things, that the regional workforce boards complete background screenings on certain

49 S. 288.9015(1), F.S.
50 Primarily through the Division of Workforce Services. See s. 20.60, F.S.
51 S. 445.009(3)(c), F.S.
52 See s. 445.003, F.S.
53 See s. 445.007(3), F.S.
54 S. 445.004(5)(a), F.S. Prior to 2014, CareerSource was known as Workforce Florida, Inc.
55 S. 445.003(2), F.S.
56 See s. 445.004, F.S.
57 Id.
58 DEO, CareerSource Florida Network Directory, http://lcd.floridajobs.org/ (last visited Mar. 11, 2021).
59 See s. 445.009, F.S.
60 See s. 445.004, F.S.
61 S. 445.007(12), F.S.

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employees. However, the regional workforce boards do not have statutory authority to require such
screenings.62

Background Screening

An employer63 may not hire, select, or otherwise allow an employee to have contact with a vulnerable
person64 that would place the employee in a role that requires a background screening until the
screening process is completed and demonstrates the absence of any grounds for the denial or
termination of employment.65 If the screening process shows any grounds for the denial or termination
of employment, the employer may not hire, select, or otherwise allow the employee to have contact
with any vulnerable person that would place the employee in a role that requires background screening
unless the employee is granted an exemption for disqualification by the agency66 as provided under
s. 435.07, F.S.67

Sections 435.03 and 435.04, F.S., outline the screening requirements. There are two levels of
background screening.
 Level 1 screening includes, at a minimum, employment history checks and statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE) and a
check of the Dru Sjodin National Sex Offender Public Website,68 and may include criminal
records checks through local law enforcement agencies.69
 Level 2 screening includes, but, is not limited to, fingerprinting for statewide criminal history
records checks through the FDLE and national criminal history checks through the Federal
Bureau of Investigation (FBI), and may include local criminal records checks through local law
enforcement agencies.70

Effect of the Bill

The bill adds the Secretary of DEO to the Board of Directors of CareerSource Florida.

The bill changes the definition of “specified agency” to include regional workforce boards providing
services defined in s. 445.002(3), F.S., which will allow regional workforce development boards to
conduct level 2 background screenings.

B. SECTION DIRECTORY:
Section 1 Amends s. 20.60, F.S.; relating to DEO.
Section 2 Amends s. 288.901, F.S.; revising the membership of the board of directors of Enterprise
Florida, Inc.
Section 3 Amends s. 290.042, F.S.; revising the definition of the term "administrative costs" relating
to the Florida Small Cities Community Development Block Grant Program Act.

62 DEO, Agreement Between [Lwdb] and The Florida Department Of Economic Opportunity, https://floridajobs.org/docs/default-

source/lwdb-resources/deo-lwdb-grantee-subgrantee-agreement/grantee-sub-grantee-agreement---final-draft-
(003).pdf?sfvrsn=227647b0_2 (last visited Mar. 11, 2021).
63 Section 435.02(3), F.S., defines “employer” as any person or entity required by law to conduct screening of employees pursuant to

ch. 435, F.S.
64 Section 415.102(28), F.S., defines “vulnerable adult” as a person 18 years of age or older whose ability to perform the normal

activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term
physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.
65 S. 435.06(2)(a), F.S.
66 Section 435.02(1), F.S., defines “agency” as any state, county, or municipal agency that grants licenses or registration permitting the

operation of an employer, or is itself an employer, or that otherwise facilitates the screening of employees pursuant to ch.435, F.S. If
there is no state agency or the municipal or county agency chooses not to conduct employment screening, “agency” means the
Department of Children and Families.
67 S. 435.06(2)(a), F.S.
68 The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and tribal sex

offender registries in one national search site, https://www.nsopw.gov/ (last visited Mar. 16, 2021).
69 S. 435.03(1), F.S.
70 S. 435.04(1)(a), F.S.

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Section 4 Amends s. 290.044, F.S.; revising the application process and funding for the Florida
Small Cities Community Development Block Grant Program Fund.
Section 5 Amends s. 290.046, F.S.; revising the application process and funding for development
grants awarded by DEO to local governments.
Section 6 Amends s. 331.3081, F.S.; conforming a cross-reference.
Section 7 Amends s. 435.02, F.S.; revising the definition of the term "specified agency" to include
certain regional workforce boards for the purposes of labor laws.
Section 8 Amends s. 443.091, F.S.; revising the reporting requirements for reemployment
assistance benefit eligibility; defining the term "address".
Section 9 Amends s. 443.101, F.S.; deleting a provision providing that individuals who voluntarily
leave work as a direct result of circumstances relating to domestic violence are ineligible
for benefits under certain circumstances.
Section 10 Amends s. 443.1113, F.S.; relating to the Reemployment Assistance Claims and Benefits
Information System.
Section 11 Amends s. 443.151, F.S.; relating to claims procedures.
Section 12 Amends s. 445.004, F.S.; relating to CareerSource Florida, Inc.
Section 13 Amends s. 553.79, F.S.; requiring specified building permit applications applied for by
licensed contractors for property owners under certain programs administered by DEO to
be issued within a reduced timeframe.
Sections 14-52 Amends ss. 14.20195, 16.615, 20.04, 213.053, 220.194, 288.005, 288.061, 288.0656,
288.106, 288.1089, 288.1251, 288.8014, 288.955, 288.9604, 288.987, 290.0065, 311.09,
311.105, 334.065, 373.4149, 380.045, 403.0752, 420.0005, 420.0006, 420.101, 420.503,
420.504, 420.506, 420.507, 420.511, 420.602, 420.609, 420.622, 427.012, 443.1116,
446.53, 450.261, 624.5105, and 1004.015, F.S.; conforming provisions to changes made
by the act.
Section 53 Requires DEO to take certain actions for a specified fiscal year.
Section 54 Provides an effective date.

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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
Any actions to modernize the CONNECT system during the 2021-22 fiscal year are included in the
House proposed General Appropriations Act for FY 2021-2022.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill should allow DEO to administer the RA program more efficiently and effectively, which should
have a positive fiscal impact on individuals who seek reemployment assistance.

D. FISCAL COMMENTS:
To the extent the department creates offices within the Office of the Secretary and provides for the
Office of Economic Accountability and Transparency, costs can be covered with a realignment of
current resources or upon further request from the Legislature during the FY 2022-2023 budget cycle.

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:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On April 1, 2021, the Tourism, Infrastructure & Energy Subcommittee adopted an amendment and reported
the bill favorably as a committee substitute. The committee substitute provided clarifying language and
specifies certain reporting requirements relating to the implementation and oversight of the Reemployment
Assistance Claims and Benefits Information (CONNECT) system.

The analysis is drafted to the committee substitute as approved by the Tourism, Infrastructure & Energy
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 1463 2021

1 A bill to be entitled
2 An act relating to the Department of Economic
3 Opportunity; amending s. 20.60, F.S.; renaming the
4 executive director of the Department of Economic
5 Opportunity as the Secretary of Economic Opportunity;
6 authorizing the secretary to appoint deputy and
7 assistant secretaries for a specified purpose;
8 establishing the Office of the Secretary and the
9 Office of Economic Accountability and Transparency;
10 providing duties for the Office of Economic
11 Accountability and Transparency; authorizing the
12 secretary to create offices within the Office of the
13 Secretary and within the divisions; requiring the
14 secretary to appoint division directors; providing
15 duties for the division directors; conforming
16 provisions to changes made by the act; amending s.
17 288.901, F.S.; revising the membership of the board of
18 directors of Enterprise Florida, Inc.; amending s.
19 290.042, F.S.; revising the definition of the term
20 "administrative costs" relating to the Florida Small
21 Cities Community Development Block Grant Program Act;
22 amending s. 290.044, F.S.; revising the application
23 process and funding for the Florida Small Cities
24 Community Development Block Grant Program Fund;
25 amending s. 290.046, F.S.; revising the application

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26 process and funding for development grants awarded by
27 the department to local governments; amending s.
28 331.3081, F.S.; conforming a cross-reference; amending
29 s. 435.02, F.S.; revising the definition of the term
30 "specified agency" to include certain regional
31 workforce boards for the purposes of labor laws;
32 amending s. 443.091, F.S.; revising the reporting
33 requirements for reemployment assistance benefit
34 eligibility; defining the term "address"; amending s.
35 443.101, F.S.; deleting a provision providing that
36 individuals who voluntarily leave work as a direct
37 result of circumstances relating to domestic violence
38 are ineligible for benefits under certain
39 circumstances; amending s. 443.1113, F.S.; requiring
40 the department to implement an integrated, modular
41 system hosted in a cloud service, rather than an
42 integrated Internet-based system, for the reemployment
43 assistance program; revising the functions and
44 objectives of the Reemployment Assistance Claims and
45 Benefits Information System; revising the duties of
46 the department; providing reporting requirements;
47 deleting obsolete language; deleting provisions
48 relating to duties of the governance structure of the
49 system project; amending s. 443.151, F.S.; revising
50 the timeline for employers' responses to notices of

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51 benefits claims sent by the department; authorizing
52 claimants to request the department to reconsider a
53 monetary determination; providing requirements for
54 such request; providing that monetary determinations
55 and redeterminations are final after a specified
56 period of time; providing exceptions; deleting a
57 requirement that appeals referees be attorneys in good
58 standing with The Florida Bar or be admitted to The
59 Florida Bar within 8 months after the date of
60 employment; prohibiting appeals from being filed after
61 a specified time; amending s. 445.004, F.S.; revising
62 the membership of the state board, which directs
63 CareerSource Florida, Inc.; amending s. 553.79, F.S.;
64 requiring specified building permit applications
65 applied for by licensed contractors for property
66 owners under certain programs administered by the
67 department to be issued within a reduced timeframe;
68 amending ss. 14.20195, 16.615, 20.04, 213.053,
69 220.194, 288.005, 288.061, 288.0656, 288.106,
70 288.1089, 288.1251, 288.8014, 288.955, 288.9604,
71 288.987, 290.0065, 311.09, 311.105, 334.065, 373.4149,
72 380.045, 403.0752, 420.0005, 420.0006, 420.101,
73 420.503, 420.504, 420.506, 420.507, 420.511, 420.602,
74 420.609, 420.622, 427.012, 443.1116, 446.53, 450.261,
75 624.5105, and 1004.015, F.S.; conforming provisions to

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76 changes made by the act; requiring the department to
77 take certain actions for a specified fiscal year;
78 providing an effective date.
79
80 Be It Enacted by the Legislature of the State of Florida:
81
82 Section 1. Subsections (2) and (3), paragraph (a) of
83 subsection (5), paragraph (b) of subsection (6), and subsection
84 (9) of section 20.60, Florida Statutes, are amended, and
85 subsection (1) of that section is republished, to read:
86 20.60 Department of Economic Opportunity; creation; powers
87 and duties.—
88 (1) There is created the Department of Economic
89 Opportunity.
90 (2) The head of the department is the Secretary of
91 Economic Opportunity executive director, who shall be appointed
92 by the Governor, subject to confirmation by the Senate. The
93 secretary executive director shall serve at the pleasure of and
94 report to the Governor. The secretary may appoint deputy and
95 assistant secretaries as necessary to aid the secretary in
96 fulfilling his or her statutory obligations.
97 (3)(a) The following divisions and offices of the
98 Department of Economic Opportunity are established:
99 1.(a) The Division of Strategic Business Development.
100 2.(b) The Division of Community Development.

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101 3.(c) The Division of Workforce Services.
102 4.(d) The Division of Finance and Administration.
103 5.(e) The Division of Information Technology.
104 6. The Office of the Secretary.
105 7. The Office of Economic Accountability and Transparency,
106 which shall:
107 a. Oversee the department's critical objectives as
108 determined by the secretary and make sure that the department's
109 key objectives are clearly communicated to the public.
110 b. Organize department resources, expertise, data, and
111 research to focus on and solve the complex economic challenges
112 facing the state.
113 c. Provide leadership for the department's priority issues
114 that require integration of policy, management, and critical
115 objectives from multiple programs and organizations internal and
116 external to the department; and organize and manage external
117 communication on such priority issues.
118 d. Promote and facilitate key department initiatives to
119 address priority economic issues and explore data and identify
120 opportunities for innovative approaches to address such economic
121 issues.
122 e. Promote strategic planning for the department.
123 (b) The secretary:
124 1. May create offices within the Office of the Secretary
125 and within the divisions established in paragraph (a) to promote

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126 efficient and effective operation of the department.
127 2. Shall appoint a director for each division, who shall
128 directly administer his or her division and be responsible to
129 the secretary.
130 (5) The divisions within the department have specific
131 responsibilities to achieve the duties, responsibilities, and
132 goals of the department. Specifically:
133 (a) The Division of Strategic Business Development shall:
134 1. Analyze and evaluate business prospects identified by
135 the Governor, the secretary executive director of the
136 department, and Enterprise Florida, Inc.
137 2. Administer certain tax refund, tax credit, and grant
138 programs created in law. Notwithstanding any other provision of
139 law, the department may expend interest earned from the
140 investment of program funds deposited in the Grants and
141 Donations Trust Fund to contract for the administration of those
142 programs, or portions of the programs, assigned to the
143 department by law, by the appropriations process, or by the
144 Governor. Such expenditures shall be subject to review under
145 chapter 216.
146 3. Develop measurement protocols for the state incentive
147 programs and for the contracted entities which will be used to
148 determine their performance and competitive value to the state.
149 Performance measures, benchmarks, and sanctions must be
150 developed in consultation with the legislative appropriations

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151 committees and the appropriate substantive committees, and are
152 subject to the review and approval process provided in s.
153 216.177. The approved performance measures, standards, and
154 sanctions shall be included and made a part of the strategic
155 plan for contracts entered into for delivery of programs
156 authorized by this section.
157 4. Develop a 5-year statewide strategic plan. The
158 strategic plan must include, but need not be limited to:
159 a. Strategies for the promotion of business formation,
160 expansion, recruitment, and retention through aggressive
161 marketing, international development, and export assistance,
162 which lead to more and better jobs and higher wages for all
163 geographic regions, disadvantaged communities, and populations
164 of the state, including rural areas, minority businesses, and
165 urban core areas.
166 b. The development of realistic policies and programs to
167 further the economic diversity of the state, its regions, and
168 their associated industrial clusters.
169 c. Specific provisions for the stimulation of economic
170 development and job creation in rural areas and midsize cities
171 and counties of the state, including strategies for rural
172 marketing and the development of infrastructure in rural areas.
173 d. Provisions for the promotion of the successful long-
174 term economic development of the state with increased emphasis
175 in market research and information.

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176 e. Plans for the generation of foreign investment in the
177 state which create jobs paying above-average wages and which
178 result in reverse investment in the state, including programs
179 that establish viable overseas markets, assist in meeting the
180 financing requirements of export-ready firms, broaden
181 opportunities for international joint venture relationships, use
182 the resources of academic and other institutions, coordinate
183 trade assistance and facilitation services, and facilitate
184 availability of and access to education and training programs
185 that assure requisite skills and competencies necessary to
186 compete successfully in the global marketplace.
187 f. The identification of business sectors that are of
188 current or future importance to the state's economy and to the
189 state's global business image, and development of specific
190 strategies to promote the development of such sectors.
191 g. Strategies for talent development necessary in the
192 state to encourage economic development growth, taking into
193 account factors such as the state's talent supply chain,
194 education and training opportunities, and available workforce.
195 5. Update the strategic plan every 5 years.
196 6. Involve Enterprise Florida, Inc.; CareerSource Florida,
197 Inc.; local governments; the general public; local and regional
198 economic development organizations; other local, state, and
199 federal economic, international, and workforce development
200 entities; the business community; and educational institutions

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201 to assist with the strategic plan.
202 (6)
203 (b) The Department of Economic Opportunity shall serve as
204 the designated agency for purposes of each federal workforce
205 development grant assigned to it for administration. The
206 department shall carry out the duties assigned to it by the
207 Governor, under the terms and conditions of each grant. The
208 department shall have the level of authority and autonomy
209 necessary to be the designated recipient of each federal grant
210 assigned to it and shall disburse such grants pursuant to the
211 plans and policies of the state board as defined in s. 445.002.
212 The secretary executive director may, upon delegation from the
213 Governor and pursuant to agreement with the state board, sign
214 contracts, grants, and other instruments as necessary to execute
215 functions assigned to the department. Notwithstanding other
216 provisions of law, the department shall administer other
217 programs funded by federal or state appropriations, as
218 determined by the Legislature in the General Appropriations Act
219 or other law.
220 (9) The secretary executive director shall:
221 (a) Manage all activities and responsibilities of the
222 department.
223 (b) Serve as the manager for the state with respect to
224 contracts with Enterprise Florida, Inc., and all applicable
225 direct-support organizations. To accomplish the provisions of

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226 this section and applicable provisions of chapter 288, and
227 notwithstanding the provisions of part I of chapter 287, the
228 secretary director shall enter into specific contracts with
229 Enterprise Florida, Inc., and other appropriate direct-support
230 organizations. Such contracts may be for multiyear terms and
231 must include specific performance measures for each year. For
232 purposes of this section, the Florida Tourism Industry Marketing
233 Corporation and the Institute for Commercialization of Florida
234 Technology are not appropriate direct-support organizations.
235 (c) Serve as a member of the board of directors of the
236 Florida Development Finance Corporation. The secretary executive
237 director may designate an employee of the department to serve in
238 this capacity.
239 Section 2. Paragraph (a) of subsection (5) of section
240 288.901, Florida Statutes, is amended to read:
241 288.901 Enterprise Florida, Inc.—
242 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
243 (a) In addition to the Governor or his or her designee,
244 the board of directors shall consist of the following appointed
245 members:
246 1. The Commissioner of Education or his or her designee.
247 2. The Chief Financial Officer or his or her designee.
248 3. The Attorney General or his or her designee.
249 4. The Commissioner of Agriculture or his or her designee.
250 5. The chairperson of the state board as defined in s.

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251 445.002.
252 6. The Secretary of State or his or her designee.
253 7. The Secretary of Economic Opportunity or his or her
254 designee.
255 8. Twelve members from the private sector, six of whom
256 shall be appointed by the Governor, three of whom shall be
257 appointed by the President of the Senate, and three of whom
258 shall be appointed by the Speaker of the House of
259 Representatives. Members appointed by the Governor are subject
260 to Senate confirmation.
261
262 All board members shall serve without compensation, but are
263 entitled to receive reimbursement for per diem and travel
264 expenses pursuant to s. 112.061. Such expenses must be paid out
265 of funds of Enterprise Florida, Inc.
266 Section 3. Subsection (2) of section 290.042, Florida
267 Statutes, is amended to read:
268 290.042 Definitions relating to Florida Small Cities
269 Community Development Block Grant Program Act.—As used in ss.
270 290.0401-290.048, the term:
271 (2) "Administrative costs" has the same meaning as defined
272 in the Housing and Community Development Act of 1974, as
273 amended, and applicable federal regulations means the payment of
274 all reasonable costs of management, coordination, monitoring,
275 and evaluation, and similar costs and carrying charges, related

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276 to the planning and execution of community development
277 activities which are funded in whole or in part under the
278 Florida Small Cities Community Development Block Grant Program.
279 Administrative costs shall include all costs of administration,
280 including general administration, planning and urban design, and
281 project administration costs.
282 Section 4. Subsections (3), (4), and (5) of section
283 290.044, Florida Statutes, are amended to read:
284 290.044 Florida Small Cities Community Development Block
285 Grant Program Fund; administration; distribution.—
286 (3) The department shall require applicants for grants to
287 compete against each other in the following grant program
288 categories that may include one or more of the following:
289 (a) Housing rehabilitation.
290 (b) Economic development.
291 (c) Neighborhood revitalization.
292 (d) Commercial revitalization.
293 (e) Any other activity authorized by the Housing and
294 Community Development Act of 1974, as amended, and applicable
295 federal regulations.
296 (4) The department shall define broad community
297 development objectives to be achieved by the activities in each
298 of the grant program categories with the use of funds from the
299 Florida Small Cities Community Development Block Grant Program
300 Fund. Such objectives shall be designed to meet at least one of

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301 the national objectives provided in the Housing and Community
302 Development Act of 1974.
303 (5) The department may set aside an amount of up to 15 5
304 percent of the funds annually for use in any eligible local
305 government jurisdiction for which an emergency or natural
306 disaster has been declared by executive order. Such funds may
307 only be provided to a local government to fund eligible
308 emergency-related activities for which no other source of
309 federal, state, or local disaster funds is available. The
310 department may provide for such set-aside by rule. In the last
311 quarter of the state fiscal year, any funds not allocated under
312 the emergency-related set-aside shall be distributed to unfunded
313 applications from the most recent funding cycle.
314 Section 5. Subsection (2), paragraph (b) of subsection
315 (3), and subsection (6) of section 290.046, Florida Statutes,
316 are amended to read:
317 290.046 Applications for grants; procedures;
318 requirements.—
319 (2)(a) Except for applications for economic development
320 grants as provided in subparagraph (b)1., an eligible local
321 government may submit one application for a grant during each
322 application cycle.
323 (b)1. An eligible local government may apply up to three
324 times in any one annual funding cycle for an economic
325 development grant but may not receive more than one such grant

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326 per annual funding cycle. A local government may have more than
327 one open economic development grant.
328 (2)(a)2. The department shall establish minimum criteria
329 pertaining to the number of jobs created for persons of low or
330 moderate income, the degree of private sector financial
331 commitment, and the economic feasibility of the proposed project
332 and shall establish any other criteria the department deems
333 appropriate. Assistance to a private, for-profit business may
334 not be provided from a grant award unless sufficient evidence
335 exists to demonstrate that without such public assistance the
336 creation or retention of such jobs would not occur.
337 (b)(c)1. A local government with an open housing
338 rehabilitation, neighborhood revitalization, or commercial
339 revitalization contract is not eligible to apply for another
340 housing rehabilitation, neighborhood revitalization, or
341 commercial revitalization grant until administrative closeout of
342 its existing contract. The department shall notify a local
343 government of administrative closeout or of any outstanding
344 closeout issues within 45 days after receipt of a closeout
345 package from the local government. A local government with an
346 open housing rehabilitation, neighborhood revitalization, or
347 commercial revitalization community development block grant
348 contract whose activities are on schedule in accordance with the
349 expenditure rates and accomplishments described in the contract
350 may apply for an economic development grant.

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351 (c)2. A local government with an open economic development
352 community development block grant contract whose activities are
353 on schedule in accordance with the expenditure rates and
354 accomplishments described in the contract may apply for a
355 housing rehabilitation, neighborhood revitalization, or
356 commercial revitalization community development block grant. A
357 local government with an open economic development contract
358 whose activities are on schedule in accordance with the
359 expenditure rates and accomplishments described in the contract
360 may receive no more than one additional economic development
361 grant in each fiscal year.
362 (d) The department may not award a grant until it has
363 conducted a site visit to verify the information contained in
364 the local government's application.
365 (3)
366 (b) Funds shall be distributed according to the rankings
367 established in each application cycle. If economic development
368 funds remain available after the application cycle closes, the
369 remaining funds shall be awarded to eligible projects on a
370 first-come, first-served basis until such funds are fully
371 obligated.
372 (6) The department shall, before approving an application
373 for a grant, determine that the applicant has the administrative
374 capacity to carry out the proposed activities and has performed
375 satisfactorily in carrying out past activities funded by

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376 community development block grants. The evaluation of past
377 performance shall take into account procedural aspects of
378 previous grants as well as substantive results. If the
379 department determines that any applicant has failed to
380 accomplish substantially the results it proposed in its last
381 previously funded applications application, it may prohibit the
382 applicant from receiving a grant or may penalize the applicant
383 in the rating of the current application. An application for
384 grant funds may not be denied solely upon the basis of the past
385 performance of the eligible applicant.
386 Section 6. Section 331.3081, Florida Statutes, is amended
387 to read:
388 331.3081 Board of directors.—Space Florida shall be
389 governed by a 13-member independent board of directors that
390 consists of the members appointed to the board of directors of
391 Enterprise Florida, Inc., by the Governor, the President of the
392 Senate, and the Speaker of the House of Representatives pursuant
393 to s. 288.901(5)(a)8. s. 288.901(5)(a)7. and the Governor, who
394 shall serve ex officio, or who may appoint a designee to serve,
395 as the chair and a voting member of the board.
396 Section 7. Subsection (5) of section 435.02, Florida
397 Statutes, is amended to read:
398 435.02 Definitions.—For the purposes of this chapter, the
399 term:
400 (5) "Specified agency" means the Department of Health, the

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401 Department of Children and Families, the Division of Vocational
402 Rehabilitation within the Department of Education, the Agency
403 for Health Care Administration, the Department of Elderly
404 Affairs, the Department of Juvenile Justice, the Agency for
405 Persons with Disabilities, regional workforce boards providing
406 services as defined in s. 445.002(3), and local licensing
407 agencies approved pursuant to s. 402.307, when these agencies
408 are conducting state and national criminal history background
409 screening on persons who work with children or persons who are
410 elderly or disabled.
411 Section 8. Paragraph (c) of subsection (1) of section
412 443.091, Florida Statutes, is amended to read:
413 443.091 Benefit eligibility conditions.—
414 (1) An unemployed individual is eligible to receive
415 benefits for any week only if the Department of Economic
416 Opportunity finds that:
417 (c) To make continued claims for benefits, she or he is
418 reporting to the department in accordance with this paragraph
419 and department rules. Department rules may not conflict with s.
420 443.111(1)(b), which requires that each claimant continue to
421 report regardless of any pending appeal relating to her or his
422 eligibility or disqualification for benefits.
423 1. For each week of unemployment claimed, each report
424 must, at a minimum, include the name and, address, and telephone
425 number of each prospective employer contacted, or the date the

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426 claimant reported to a one-stop career center, pursuant to
427 paragraph (d). For the purposes of this subparagraph, the term
428 "address" means a website address, a physical address, or an e-
429 mail address.
430 2. The department shall offer an online assessment aimed
431 at identifying an individual's skills, abilities, and career
432 aptitude. The skills assessment must be voluntary, and the
433 department shall allow a claimant to choose whether to take the
434 skills assessment. The online assessment shall be made available
435 to any person seeking services from a local workforce
436 development board or a one-stop career center.
437 a. If the claimant chooses to take the online assessment,
438 the outcome of the assessment shall be made available to the
439 claimant, local workforce development board, and one-stop career
440 center. The department, local workforce development board, or
441 one-stop career center shall use the assessment to develop a
442 plan for referring individuals to training and employment
443 opportunities. Aggregate data on assessment outcomes may be made
444 available to CareerSource Florida, Inc., and Enterprise Florida,
445 Inc., for use in the development of policies related to
446 education and training programs that will ensure that businesses
447 in this state have access to a skilled and competent workforce.
448 b. Individuals shall be informed of and offered services
449 through the one-stop delivery system, including career
450 counseling, the provision of skill match and job market

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451 information, and skills upgrade and other training
452 opportunities, and shall be encouraged to participate in such
453 services at no cost to the individuals. The department shall
454 coordinate with CareerSource Florida, Inc., the local workforce
455 development boards, and the one-stop career centers to identify,
456 develop, and use best practices for improving the skills of
457 individuals who choose to participate in skills upgrade and
458 other training opportunities. The department may contract with
459 an entity to create the online assessment in accordance with the
460 competitive bidding requirements in s. 287.057. The online
461 assessment must work seamlessly with the Reemployment Assistance
462 Claims and Benefits Information System.
463 Section 9. Paragraph (a) of subsection (1) and subsection
464 (6) of section 443.101, Florida Statutes, are amended to read:
465 443.101 Disqualification for benefits.—An individual shall
466 be disqualified for benefits:
467 (1)(a) For the week in which he or she has voluntarily
468 left work without good cause attributable to his or her
469 employing unit or for the week in which he or she has been
470 discharged by the employing unit for misconduct connected with
471 his or her work, based on a finding by the Department of
472 Economic Opportunity. As used in this paragraph, the term "work"
473 means any work, whether full-time, part-time, or temporary.
474 1. Disqualification for voluntarily quitting continues for
475 the full period of unemployment next ensuing after the

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476 individual has left his or her full-time, part-time, or
477 temporary work voluntarily without good cause and until the
478 individual has earned income equal to or greater than 17 times
479 his or her weekly benefit amount. As used in this subsection,
480 the term "good cause" includes only that cause attributable to
481 the employing unit which would compel a reasonable employee to
482 cease working or attributable to the individual's illness or
483 disability requiring separation from his or her work. Any other
484 disqualification may not be imposed.
485 2. An individual is not disqualified under this subsection
486 for:
487 a. Voluntarily leaving temporary work to return
488 immediately when called to work by the permanent employing unit
489 that temporarily terminated his or her work within the previous
490 6 calendar months;
491 b. Voluntarily leaving work to relocate as a result of his
492 or her military-connected spouse's permanent change of station
493 orders, activation orders, or unit deployment orders; or
494 c. Voluntarily leaving work if he or she proves that his
495 or her discontinued employment is a direct result of
496 circumstances related to domestic violence as defined in s.
497 741.28. An individual who voluntarily leaves work under this
498 sub-subparagraph must:
499 (I) Make reasonable efforts to preserve employment, unless
500 the individual establishes that such remedies are likely to be

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501 futile or to increase the risk of future incidents of domestic
502 violence. Such efforts may include seeking a protective
503 injunction, relocating to a secure place, or seeking reasonable
504 accommodation from the employing unit, such as a transfer or
505 change of assignment;
506 (II) Provide evidence such as an injunction, a protective
507 order, or other documentation authorized by state law which
508 reasonably proves that domestic violence has occurred; and
509 (III) Reasonably believe that he or she is likely to be
510 the victim of a future act of domestic violence at, in transit
511 to, or departing from his or her place of employment. An
512 individual who is otherwise eligible for benefits under this
513 sub-subparagraph is ineligible for each week that he or she no
514 longer meets such criteria or refuses a reasonable accommodation
515 offered in good faith by his or her employing unit.
516 3. The employment record of an employing unit may not be
517 charged for the payment of benefits to an individual who has
518 voluntarily left work under sub-subparagraph 2.c.
519 4. Disqualification for being discharged for misconduct
520 connected with his or her work continues for the full period of
521 unemployment next ensuing after having been discharged and until
522 the individual is reemployed and has earned income of at least
523 17 times his or her weekly benefit amount and for not more than
524 52 weeks immediately following that week, as determined by the
525 department in each case according to the circumstances or the

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526 seriousness of the misconduct, under the department's rules for
527 determining disqualification for benefits for misconduct.
528 5. If an individual has provided notification to the
529 employing unit of his or her intent to voluntarily leave work
530 and the employing unit discharges the individual for reasons
531 other than misconduct before the date the voluntary quit was to
532 take effect, the individual, if otherwise entitled, shall
533 receive benefits from the date of the employer's discharge until
534 the effective date of his or her voluntary quit.
535 6. If an individual is notified by the employing unit of
536 the employer's intent to discharge the individual for reasons
537 other than misconduct and the individual quits without good
538 cause before the date the discharge was to take effect, the
539 claimant is ineligible for benefits pursuant to s. 443.091(1)(d)
540 for failing to be available for work for the week or weeks of
541 unemployment occurring before the effective date of the
542 discharge.
543 (6) For making any false or fraudulent representation for
544 the purpose of obtaining benefits contrary to this chapter,
545 constituting a violation under s. 443.071. The disqualification
546 imposed under this subsection shall begin with the week for in
547 which the false or fraudulent representation was is made and
548 shall continue for a period not to exceed 1 year after the date
549 the Department of Economic Opportunity discovers the false or
550 fraudulent representation and until any overpayment of benefits

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551 resulting from such representation has been repaid in full. This
552 disqualification may be appealed in the same manner as any other
553 disqualification imposed under this section. A conviction by any
554 court of competent jurisdiction in this state of the offense
555 prohibited or punished by s. 443.071 is conclusive upon the
556 appeals referee and the commission of the making of the false or
557 fraudulent representation for which disqualification is imposed
558 under this section.
559 Section 10. Section 443.1113, Florida Statutes, is amended
560 to read:
561 443.1113 Reemployment Assistance Claims and Benefits
562 Information System.—
563 (1) The Department of Economic Opportunity shall implement
564 an integrated, modular system hosted in a cloud computing
565 service, as defined in s. 282.0041, that provides for rapid
566 provisioning of additional data processing when necessary. The
567 system must support the efficient distribution of benefits and
568 the effective operation and management of the reemployment
569 assistance program. To The extent that funds are appropriated
570 for each phase of the Reemployment Assistance Claims and
571 Benefits Information system may be cited by the Legislature, the
572 Department of Economic Opportunity shall replace and enhance the
573 functionality provided in the following systems with an
574 integrated Internet-based system that is known as the
575 "Reemployment Assistance Claims and Benefits Information System"

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576 and must:
577 (a) Be accessible through the Internet on both mobile
578 devices and personal computers Claims and benefit mainframe
579 system.
580 (b) Process reemployment assistance claims Florida
581 unemployment Internet direct.
582 (c) Process benefit payments Florida continued claim
583 Internet directory.
584 (d) Process and manage overpayments Call center
585 interactive voice response system.
586 (e) Perform adjudication functions Benefit overpayment
587 screening system.
588 (f) Process appeals and manage appeal hearings Internet
589 and Intranet appeals system.
590 (g) Manage and process employer charging.
591 (2) Wherever cost-effective and operationally feasible,
592 the Reemployment Assistance Claims and Benefits System shall
593 accomplish the following main business objectives:
594 (a) Wherever cost-effective and operationally feasible,
595 Eliminate or automate existing paper processes and enhance any
596 existing automated workflows in order to expedite customer
597 transactions and eliminate redundancy.
598 (b) Enable and enhance online, self-service capabilities
599 access to claimant and employer information and federal and
600 state reporting.

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601 (c) Integrate benefit payment control with the
602 adjudication program and collection system in order to improve
603 the detection of fraud.
604 (d) Comply with all requirements established in federal
605 and state law for reemployment assistance.
606 (e) Integrate with the Department of Revenue's statewide
607 unified tax system that collects reemployment assistance taxes.
608 (f) Maintain interoperability with other department
609 workforce systems.
610 (3) The scope of the Reemployment Assistance Claims and
611 Benefits Information System does not include any of the
612 following functionalities:
613 (a) Collection of reemployment assistance taxes.
614 (b) General ledger, financial management, or budgeting
615 capabilities.
616 (c) Human resource planning or management capabilities.
617 (4)(a) The Department of Economic Opportunity shall
618 perform an annual review of the system and identify enhancements
619 or modernization efforts that improve the delivery of services
620 to claimants and employers and reporting to state and federal
621 entities. These improvements must include, but need not be
622 limited to:
623 1. Infrastructure upgrades through cloud services.
624 2. Software improvements.
625 3. Enhanced data analytics and reporting.

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626 4. Increased cybersecurity pursuant to s. 282.318.
627 (b) The department shall seek input on recommended
628 enhancements from, at a minimum, the following entities:
629 1. The Florida Digital Service within the Department of
630 Management Services.
631 2. The General Tax Administration Program Office within
632 the Department of Revenue.
633 3. The Division of Accounting and Auditing within the
634 Department of Financial Services.
635 (5) By October 1, 2023, and each year thereafter, the
636 Department of Economic Opportunity shall submit a Reemployment
637 Assistance Claims and Benefits Information System report to the
638 Governor, the President of the Senate, and the Speaker of the
639 House of Representatives. The report must, at a minimum,
640 include:
641 (a) A summary of maintenance, enhancement, and
642 modernization efforts over the last fiscal year.
643 (b) A 3-year outlook of recommended enhancements or
644 modernization efforts that includes projected costs and
645 timeframes for completion.
646 (6) The Department of Economic Opportunity shall provide
647 monthly project status reports to the chair of the Senate
648 Appropriations Committee, the chair of the House Appropriations
649 Committee, the Office of Policy and Budget in the Executive
650 Office of the Governor, and the Florida Digital Service. Each

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651 status report must include ongoing system maintenance activities
652 and progress made to date for each project milestone,
653 deliverable, and task order; planned and actual completion
654 dates; planned and actual costs incurred; and any current
655 project issues and risks.
656 (7) The Department of Economic Opportunity shall provide
657 project-related data to the Florida Digital Service in support
658 of the Florida Digital Service's project oversight
659 responsibilities pursuant to s. 282.0051. The project to
660 implement the Reemployment Assistance Claims and Benefits
661 Information System is comprised of the following phases and
662 corresponding implementation timeframes:
663 (a) No later than the end of fiscal year 2009-2010
664 completion of the business re-engineering analysis and
665 documentation of both the detailed system requirements and the
666 overall system architecture.
667 (b) The Reemployment Assistance Claims and Benefits
668 Internet portal that replaces the Florida Unemployment Internet
669 Direct and the Florida Continued Claims Internet Directory
670 systems, the Call Center Interactive Voice Response System, the
671 Benefit Overpayment Screening System, the Internet and Intranet
672 Appeals System, and the Claims and Benefits Mainframe System
673 shall be deployed to full operational status no later than the
674 end of fiscal year 2013-2014.
675 (5) The Department of Economic Opportunity shall implement

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676 the following project governance structure until such time as
677 the project is completed, suspended, or terminated:
678 (a) The project sponsor for the Reemployment Assistance
679 Claims and Benefits Information System project is the
680 department.
681 (b) The project shall be governed by an executive steering
682 committee composed of the following voting members or their
683 designees:
684 1. The executive director of the department.
685 2. The executive director of the Department of Revenue.
686 3. The director of the Division of Workforce Services
687 within the department.
688 4. The program director of the General Tax Administration
689 Program Office within the Department of Revenue.
690 5. The chief information officer of the department.
691 (c) The executive steering committee has the overall
692 responsibility for ensuring that the project meets its primary
693 objectives and is specifically responsible for:
694 1. Providing management direction and support to the
695 project management team.
696 2. Assessing the project's alignment with the strategic
697 goals of the department for administering the reemployment
698 assistance program.
699 3. Reviewing and approving or disapproving any changes to
700 the project's scope, schedule, and costs.

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701 4. Reviewing, approving or disapproving, and determining
702 whether to proceed with any major project deliverables.
703 5. Recommending suspension or termination of the project
704 to the Governor, the President of the Senate, and the Speaker of
705 the House of Representatives if it determines that the primary
706 objectives cannot be achieved.
707 (d) The project management team shall work under the
708 direction of the executive steering committee and shall be
709 minimally comprised of senior managers and stakeholders from the
710 department and the Department of Revenue. The project management
711 team is responsible for:
712 1. Providing daily planning, management, and oversight of
713 the project.
714 2. Submitting an operational work plan and providing
715 quarterly updates to that plan to the executive steering
716 committee. The plan must specify project milestones,
717 deliverables, and expenditures.
718 3. Submitting written monthly project status reports to
719 the executive steering committee which include:
720 a. Planned versus actual project costs;
721 b. An assessment of the status of major milestones and
722 deliverables;
723 c. Identification of any issues requiring resolution, the
724 proposed resolution for these issues, and information regarding
725 the status of the resolution;

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726 d. Identification of risks that must be managed; and
727 e. Identification of and recommendations regarding
728 necessary changes in the project's scope, schedule, or costs.
729 All recommendations must be reviewed by project stakeholders
730 before submission to the executive steering committee in order
731 to ensure that the recommendations meet required acceptance
732 criteria.
733 Section 11. Paragraphs (a) and (b) of subsection (3) and
734 paragraphs (a) and (b) of subsection (4) of section 443.151,
735 Florida Statutes, are amended to read:
736 443.151 Procedure concerning claims.—
737 (3) DETERMINATION OF ELIGIBILITY.—
738 (a) Notices of claim.—The Department of Economic
739 Opportunity shall promptly provide a notice of claim to the
740 claimant's most recent employing unit and all employers whose
741 employment records are liable for benefits under the monetary
742 determination. The employer must respond to the notice of claim
743 within 14 20 days after the mailing date of the notice, or in
744 lieu of mailing, within 14 20 days after the delivery of the
745 notice. If a contributing employer or its agent fails to timely
746 or adequately respond to the notice of claim or request for
747 information, the employer's account may not be relieved of
748 benefit charges as provided in s. 443.131(3)(a), notwithstanding
749 paragraph (5)(b). The department may adopt rules as necessary to
750 implement the processes described in this paragraph relating to

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751 notices of claim.
752 (b) Monetary determinations.—In addition to the notice of
753 claim, the department shall also promptly provide an initial
754 monetary determination to the claimant and each base period
755 employer whose account is subject to being charged for its
756 respective share of benefits on the claim. The monetary
757 determination must include a statement of whether and in what
758 amount the claimant is entitled to benefits, and, in the event
759 of a denial, must state the reasons for the denial. A monetary
760 determination for the first week of a benefit year must also
761 include a statement of whether the claimant was paid the wages
762 required under s. 443.091(1)(g) and, if so, the first day of the
763 benefit year, the claimant's weekly benefit amount, and the
764 maximum total amount of benefits payable to the claimant for a
765 benefit year. The claimant may file a request for the department
766 to reconsider a monetary determination within 20 days after the
767 department mails the notice to the claimant's last known address
768 or, in lieu of mailing, within 20 days after the delivery of the
769 notice. A monetary determination is final for a claimant if the
770 claimant does not file a timely request for the department to
771 reconsider the monetary determination. A monetary
772 redetermination is final for a claimant unless within 20 days
773 after the mailing of the notice of monetary redetermination to
774 the claimant's last known address or, in lieu of mailing, within
775 20 days after the delivery of the notice, the claimant files an

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776 appeal. The monetary determination or monetary redetermination
777 is final for an employer or other party entitled to notice
778 unless within 20 days after the mailing of the respective notice
779 to the employer or party to its last known address or, in lieu
780 of mailing, within 20 days after delivery of the notice, an
781 appeal is filed by the employer or the party The monetary
782 determination is final unless within 20 days after the mailing
783 of the notices to the parties' last known addresses, or in lieu
784 of mailing, within 20 days after the delivery of the notices, an
785 appeal or written request for reconsideration is filed by the
786 claimant or other party entitled to notice. The department may
787 adopt rules as necessary to implement the processes described in
788 this paragraph relating to notices of monetary determinations
789 and the appeals or reconsideration requests filed in response to
790 such notices.
791 (4) APPEALS.—
792 (a) Appeals referees.—
793 1. The Department of Economic Opportunity shall appoint
794 one or more impartial salaried appeals referees in accordance
795 with s. 443.171(3) to hear and decide appealed claims.
796 2. An appeals referee must be an attorney in good standing
797 with The Florida Bar or be successfully admitted to The Florida
798 Bar within 8 months after his or her date of employment. This
799 subparagraph does not apply to an appeals referee appointed
800 before January 1, 2014.

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801 3. A person may not participate on behalf of the
802 department as an appeals referee in any case in which she or he
803 is an interested party.
804 3.4. The department may designate alternates to serve in
805 the absence or disqualification of any appeals referee on a
806 temporary basis. These alternates must have the same
807 qualifications required of appeals referees.
808 4.5. The department shall provide the commission and the
809 appeals referees with proper facilities and assistance for the
810 execution of their functions.
811 (b) Filing and hearing.—
812 1. The claimant or any other party entitled to notice of a
813 determination may appeal an adverse determination to an appeals
814 referee within 20 days after the date of mailing of the notice
815 to her or his last known address or, if the notice is not
816 mailed, within 20 days after the date of delivering the notice.
817 2. Unless the appeal is untimely or withdrawn or review is
818 initiated by the commission, the appeals referee, after mailing
819 all parties and attorneys of record a notice of hearing at least
820 10 days before the date of hearing, notwithstanding the 14-day
821 notice requirement in s. 120.569(2)(b), may only affirm, modify,
822 or reverse the determination. An appeal may not be withdrawn
823 without the permission of the appeals referee.
824 3. However, If an appeal appears to have been filed after
825 the permissible time limit, the Office of Appeals may issue an

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826 order to show cause to the appellant which requires the
827 appellant to show why the appeal should not be dismissed as
828 untimely. If, within 15 days after the mailing date of the order
829 to show cause, the appellant does not provide written evidence
830 of timely filing or good cause for failure to appeal timely, the
831 appeal shall be dismissed. However, an appeal may not be filed
832 more than 5 years after the date of the mailing of the
833 determination or, if the determination is not mailed, more than
834 5 years after the date of the delivery of the determination.
835 4. If an appeal involves a question of whether services
836 were performed by a claimant in employment or for an employer,
837 the referee must give special notice of the question and of the
838 pendency of the appeal to the employing unit and to the
839 department, both of which become parties to the proceeding.
840 5.a. Any part of the evidence may be received in written
841 form, and all testimony of parties and witnesses shall be made
842 under oath.
843 b. Irrelevant, immaterial, or unduly repetitious evidence
844 shall be excluded, but all other evidence of a type commonly
845 relied upon by reasonably prudent persons in the conduct of
846 their affairs is admissible, whether or not such evidence would
847 be admissible in a trial in state court.
848 c. Hearsay evidence may be used for the purpose of
849 supplementing or explaining other evidence, or to support a
850 finding if it would be admissible over objection in civil

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851 actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
852 support a finding of fact if:
853 (I) The party against whom it is offered has a reasonable
854 opportunity to review such evidence prior to the hearing; and
855 (II) The appeals referee or special deputy determines,
856 after considering all relevant facts and circumstances, that the
857 evidence is trustworthy and probative and that the interests of
858 justice are best served by its admission into evidence.
859 6. The parties must be notified promptly of the referee's
860 decision. The referee's decision is final unless further review
861 is initiated under paragraph (c) within 20 days after the date
862 of mailing notice of the decision to the party's last known
863 address or, in lieu of mailing, within 20 days after the
864 delivery of the notice.
865 Section 12. Paragraph (d) of subsection (3) of section
866 445.004, Florida Statutes, is amended, and subsections (1) and
867 (2) of that section are republished, to read:
868 445.004 CareerSource Florida, Inc., and the state board;
869 creation; purpose; membership; duties and powers.—
870 (1) CareerSource Florida, Inc., is created as a not-for-
871 profit corporation, which shall be registered, incorporated,
872 organized, and operated in compliance with chapter 617 and shall
873 operate at the direction of the state board. CareerSource
874 Florida, Inc., is not a unit or entity of state government and
875 is exempt from chapters 120 and 287. CareerSource Florida, Inc.,

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876 shall apply the procurement and expenditure procedures required
877 by federal law for the expenditure of federal funds.
878 CareerSource Florida, Inc., shall be administratively housed
879 within the department and shall operate under agreement with the
880 department. The Legislature finds that public policy dictates
881 that CareerSource Florida, Inc., operate in the most open and
882 accessible manner consistent with its public purpose. To this
883 end, the Legislature specifically declares that CareerSource
884 Florida, Inc., its board, councils, and any advisory committees
885 or similar groups created by CareerSource Florida, Inc., are
886 subject to the provisions of chapter 119 relating to public
887 records, and those provisions of chapter 286 relating to public
888 meetings.
889 (2) CareerSource Florida, Inc., provides administrative
890 support for the state board, the principal workforce policy
891 organization for the state. The purpose of the state board is to
892 design and implement strategies that help Floridians enter,
893 remain in, and advance in the workplace, so that they may become
894 more highly skilled and successful, which benefits these
895 Floridians, Florida businesses, and the entire state, and
896 fosters the development of the state's business climate.
897 CareerSource Florida, Inc., shall, consistent with its agreement
898 with the department, implement the policy directives of the
899 state board and administer state workforce development programs
900 as authorized by law.

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901 (3)
902 (d) The state board must include the Secretary of Economic
903 Opportunity or his or her designee, the vice chairperson of the
904 board of directors of Enterprise Florida, Inc., and one member
905 representing each of the Workforce Innovation and Opportunity
906 Act partners, including the Division of Career and Adult
907 Education, and other entities representing programs identified
908 in the Workforce Innovation and Opportunity Act, as determined
909 necessary.
910 Section 13. Subsection (14) of section 553.79, Florida
911 Statutes, is amended to read:
912 553.79 Permits; applications; issuance; inspections.—
913 (14)(a) Except as provided in paragraph (b), a building
914 permit for a single-family residential dwelling must be issued
915 within 30 working days after receipt of the application therefor
916 unless unusual circumstances require a longer time for
917 processing the application or unless the permit application
918 fails to satisfy the Florida Building Code or the enforcing
919 agency's laws or ordinances.
920 (b) A building permit for a single-family residential
921 dwelling applied for by a contractor licensed in this state on
922 behalf of a property owner who participates in a Community
923 Development Block Grant–Disaster Recovery program administered
924 by the Department of Economic Opportunity must be issued within
925 15 working days after receipt of the application unless the

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926 permit application fails to satisfy the Florida Building Code or
927 the enforcing agency's laws or ordinances.
928 Section 14. Paragraph (b) of subsection (2) of section
929 14.20195, Florida Statutes, is amended to read:
930 14.20195 Suicide Prevention Coordinating Council;
931 creation; membership; duties.—There is created within the
932 Statewide Office for Suicide Prevention a Suicide Prevention
933 Coordinating Council. The council shall develop strategies for
934 preventing suicide.
935 (2) MEMBERSHIP.—The Suicide Prevention Coordinating
936 Council shall consist of 31 voting members and 1 nonvoting
937 member.
938 (b) The following state officials or their designees shall
939 serve on the coordinating council:
940 1. The Secretary of Elderly Affairs.
941 2. The State Surgeon General.
942 3. The Commissioner of Education.
943 4. The Secretary of Health Care Administration.
944 5. The Secretary of Juvenile Justice.
945 6. The Secretary of Corrections.
946 7. The executive director of the Department of Law
947 Enforcement.
948 8. The executive director of the Department of Veterans'
949 Affairs.
950 9. The Secretary of Children and Families.

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951 10. The Secretary executive director of the Department of
952 Economic Opportunity.
953 Section 15. Paragraph (j) of subsection (1) of section
954 16.615, Florida Statutes, is amended to read:
955 16.615 Council on the Social Status of Black Men and
956 Boys.—
957 (1) The Council on the Social Status of Black Men and Boys
958 is established within the Department of Legal Affairs and shall
959 consist of 19 members appointed as follows:
960 (j) The Secretary executive director of the Department of
961 Economic Opportunity or his or her designee.
962 Section 16. Subsection (3) and paragraph (b) of subsection
963 (7) of section 20.04, Florida Statutes, are amended to read:
964 20.04 Structure of executive branch.—The executive branch
965 of state government is structured as follows:
966 (3) For their internal structure, all departments, except
967 for the Department of Financial Services, the Department of
968 Economic Opportunity, the Department of Children and Families,
969 the Department of Corrections, the Department of Management
970 Services, the Department of Revenue, and the Department of
971 Transportation, must adhere to the following standard terms:
972 (a) The principal unit of the department is the
973 "division." Each division is headed by a "director."
974 (b) The principal unit of the division is the "bureau."
975 Each bureau is headed by a "chief."

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976 (c) The principal unit of the bureau is the "section."
977 Each section is headed by an "administrator."
978 (d) If further subdivision is necessary, sections may be
979 divided into "subsections," which are headed by "supervisors."
980 (7)
981 (b) Within the limitations of this subsection, the head of
982 the department may recommend the establishment of additional
983 divisions, bureaus, sections, and subsections of the department
984 to promote efficient and effective operation of the department.
985 However, additional divisions, or offices in the Department of
986 Children and Families, the Department of Corrections, the
987 Department of Economic Opportunity, and the Department of
988 Transportation, may be established only by specific statutory
989 enactment. New bureaus, sections, and subsections of departments
990 may be initiated by a department and established as recommended
991 by the Department of Management Services and approved by the
992 Executive Office of the Governor, or may be established by
993 specific statutory enactment.
994 Section 17. Paragraph (a) of subsection (7) of section
995 213.053, Florida Statutes, is amended to read:
996 213.053 Confidentiality and information sharing.—
997 (7)(a) Any information received by the Department of
998 Revenue in connection with the administration of taxes,
999 including, but not limited to, information contained in returns,
1000 reports, accounts, or declarations filed by persons subject to

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1001 tax, shall be made available to the following in performance of
1002 their official duties:
1003 1. The Auditor General or his or her authorized agent;
1004 2. The director of the Office of Program Policy Analysis
1005 and Government Accountability or his or her authorized agent;
1006 3. The Chief Financial Officer or his or her authorized
1007 agent;
1008 4. The Director of the Office of Insurance Regulation of
1009 the Financial Services Commission or his or her authorized
1010 agent;
1011 5. A property appraiser or tax collector or their
1012 authorized agents pursuant to s. 195.084(1);
1013 6. Designated employees of the Department of Education
1014 solely for determination of each school district's price level
1015 index pursuant to s. 1011.62(2);
1016 7. The Secretary executive director of the Department of
1017 Economic Opportunity or his or her authorized agent;
1018 8. The taxpayers' rights advocate or his or her authorized
1019 agent pursuant to s. 20.21(3); and
1020 9. The coordinator of the Office of Economic and
1021 Demographic Research or his or her authorized agent.
1022 Section 18. Paragraph (b) of subsection (5) of section
1023 220.194, Florida Statutes, is amended to read:
1024 220.194 Corporate income tax credits for spaceflight
1025 projects.—

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1026 (5) APPLICATION AND CERTIFICATION.—
1027 (b) In order to take a tax credit under subparagraph (a)1.
1028 or, if applicable, to transfer an approved credit under
1029 subparagraph (a)2., a spaceflight business must submit an
1030 application for certification to the Department of Economic
1031 Opportunity along with a nonrefundable $250 fee.
1032 1. The application must include:
1033 a. The name and physical in-state address of the taxpayer.
1034 b. Documentation demonstrating to the satisfaction of the
1035 Department of Economic Opportunity that:
1036 (I) The taxpayer is a spaceflight business.
1037 (II) The business has engaged in a qualifying spaceflight
1038 project before taking or transferring a credit under this
1039 section.
1040 c. In addition to any requirement specific to a credit,
1041 documentation that the business has:
1042 (I) Created 35 new jobs in this state directly associated
1043 with spaceflight projects during its immediately preceding 3
1044 taxable years. The business shall be deemed to have created new
1045 jobs if the number of full-time jobs located in this state at
1046 the time of application for certification is greater than the
1047 total number of full-time jobs located in this state at the time
1048 of application for approval to earn credits; and
1049 (II) Invested a total of at least $15 million in this
1050 state on a spaceflight project during its immediately preceding

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1051 3 taxable years.
1052 d. The total amount and types of credits sought.
1053 e. An acknowledgment that a transfer of a tax credit is to
1054 be accomplished pursuant to subsection (5).
1055 f. A copy of an audit or audits of the preceding 3 taxable
1056 years, prepared by a certified public accountant licensed to
1057 practice in this state, which identifies that portion of the
1058 business's activities in this state related to spaceflight
1059 projects in this state.
1060 g. An acknowledgment that the business must file an annual
1061 report on the spaceflight project's progress with the Department
1062 of Economic Opportunity.
1063 h. Any other information necessary to demonstrate that the
1064 applicant meets the job creation, investment, and other
1065 requirements of this section.
1066 2. Within 60 days after receipt of the application for
1067 certification, the Department of Economic Opportunity shall
1068 evaluate the application and recommend the business for
1069 certification or denial. The Secretary executive director of the
1070 Department of Economic Opportunity must approve or deny the
1071 application within 30 days after receiving the recommendation.
1072 If approved, the Department of Economic Opportunity must provide
1073 a letter of certification to the applicant consistent with any
1074 restrictions imposed. If the Department of Economic Opportunity
1075 denies any part of the requested credit, the Department of

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1076 Economic Opportunity must inform the applicant of the grounds
1077 for the denial. A copy of the certification shall be submitted
1078 to the department within 10 days after the secretary's executive
1079 director's approval.
1080 Section 19. Subsection (3) of section 288.005, Florida
1081 Statutes, is amended to read:
1082 288.005 Definitions.—As used in this chapter, the term:
1083 (3) "Executive director" means the executive director of
1084 the Department of Economic Opportunity, unless otherwise stated.
1085 Section 20. Subsections (1) and (3), paragraph (a) of
1086 subsection (5), and subsection (6) of section 288.061, Florida
1087 Statutes, are amended to read:
1088 288.061 Economic development incentive application
1089 process.—
1090 (1) Upon receiving a submitted economic development
1091 incentive application, the Division of Strategic Business
1092 Development of the Department of Economic Opportunity and
1093 designated staff of Enterprise Florida, Inc., shall review the
1094 application to ensure that the application is complete, whether
1095 and what type of state and local permits may be necessary for
1096 the applicant's project, whether it is possible to waive such
1097 permits, and what state incentives and amounts of such
1098 incentives may be available to the applicant. The department
1099 shall recommend to the Secretary of Economic Opportunity
1100 executive director to approve or disapprove an applicant

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1101 business. If review of the application demonstrates that the
1102 application is incomplete, the secretary executive director
1103 shall notify the applicant business within the first 5 business
1104 days after receiving the application.
1105 (3) Within 10 business days after the department receives
1106 the submitted economic development incentive application, the
1107 Secretary of Economic Opportunity executive director shall
1108 approve or disapprove the application and issue a letter of
1109 certification to the applicant which includes a justification of
1110 that decision, unless the business requests an extension of that
1111 time.
1112 (a) The contract or agreement with the applicant must
1113 specify the total amount of the award, the performance
1114 conditions that must be met to obtain the award, the schedule
1115 for payment, and sanctions that would apply for failure to meet
1116 performance conditions. The department may enter into one
1117 agreement or contract covering all of the state incentives that
1118 are being provided to the applicant. The contract must provide
1119 that release of funds is contingent upon sufficient
1120 appropriation of funds by the Legislature.
1121 (b) The release of funds for the incentive or incentives
1122 awarded to the applicant depends upon the statutory requirements
1123 of the particular incentive program.
1124 (5)(a) The Secretary of Economic Opportunity executive
1125 director may not approve an economic development incentive

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1126 application unless the application includes a signed written
1127 declaration by the applicant which states that the applicant has
1128 read the information in the application and that the information
1129 is true, correct, and complete to the best of the applicant's
1130 knowledge and belief.
1131 (6) Beginning July 1, 2020, the Secretary of Economic
1132 Opportunity executive director may not approve an economic
1133 development incentive application unless the application
1134 includes proof to the department that the applicant business is
1135 registered with and uses the E-Verify system, as defined in s.
1136 448.095, to verify the work authorization status of all newly
1137 hired employees. If the department determines that an awardee is
1138 not complying with this subsection, the department must notify
1139 the awardee by certified mail of the department's determination
1140 of noncompliance and the awardee's right to appeal the
1141 determination. Upon a final determination of noncompliance, the
1142 awardee must repay all moneys received as an economic
1143 development incentive to the department within 30 days after the
1144 final determination.
1145 Section 21. Paragraph (a) of subsection (6) of section
1146 288.0656, Florida Statutes, is amended to read:
1147 288.0656 Rural Economic Development Initiative.—
1148 (6)(a) By August 1 of each year, the head of each of the
1149 following agencies and organizations shall designate a deputy
1150 secretary or higher-level staff person from within the agency or

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1151 organization to serve as the REDI representative for the agency
1152 or organization:
1153 1. The Department of Transportation.
1154 2. The Department of Environmental Protection.
1155 3. The Department of Agriculture and Consumer Services.
1156 4. The Department of State.
1157 5. The Department of Health.
1158 6. The Department of Children and Families.
1159 7. The Department of Corrections.
1160 8. The Department of Education.
1161 9. The Department of Juvenile Justice.
1162 10. The Fish and Wildlife Conservation Commission.
1163 11. Each water management district.
1164 12. Enterprise Florida, Inc.
1165 13. CareerSource Florida, Inc.
1166 14. VISIT Florida.
1167 15. The Florida Regional Planning Council Association.
1168 16. The Agency for Health Care Administration.
1169 17. The Institute of Food and Agricultural Sciences
1170 (IFAS).
1171
1172 An alternate for each designee shall also be chosen, and the
1173 names of the designees and alternates shall be sent to the
1174 Secretary of Economic Opportunity executive director of the
1175 department.

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1176 Section 22. Paragraph (c) of subsection (5) and subsection
1177 (8) of section 288.106, Florida Statutes, are amended to read:
1178 288.106 Tax refund program for qualified target industry
1179 businesses.—
1180 (5) TAX REFUND AGREEMENT.—
1181 (c) The agreement must be signed by the Secretary of
1182 Economic Opportunity executive director and by an authorized
1183 officer of the qualified target industry business within 120
1184 days after the issuance of the letter of certification under
1185 subsection (4), but not before passage and receipt of the
1186 resolution of local financial support. The department may grant
1187 an extension of this period at the written request of the
1188 qualified target industry business.
1189 (8) SPECIAL INCENTIVES.—If the department determines it is
1190 in the best interest of the public for reasons of facilitating
1191 economic development, growth, or new employment opportunities
1192 within a Disproportionally Affected County, the department may,
1193 between July 1, 2011, and June 30, 2014, waive any or all wage
1194 or local financial support eligibility requirements and allow a
1195 qualified target industry business from another state which
1196 relocates all or a portion of its business to a
1197 Disproportionally Affected County to receive a tax refund
1198 payment of up to $6,000 multiplied by the number of jobs
1199 specified in the tax refund agreement under subparagraph
1200 (5)(a)1. over the term of the agreement. Before Prior to

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1201 granting such waiver, the Secretary of Economic Opportunity
1202 executive director of the department shall file with the
1203 Governor a written statement of the conditions and circumstances
1204 constituting the reason for the waiver. Such business shall be
1205 eligible for the additional tax refund payments specified in
1206 subparagraph (3)(b)4. if it meets the criteria. As used in this
1207 section, the term "Disproportionally Affected County" means Bay
1208 County, Escambia County, Franklin County, Gulf County, Okaloosa
1209 County, Santa Rosa County, Walton County, or Wakulla County.
1210 Section 23. Subsection (5) of section 288.1089, Florida
1211 Statutes, is amended to read:
1212 288.1089 Innovation Incentive Program.—
1213 (5) The department shall review proposals pursuant to s.
1214 288.061 for all three categories of innovation incentive awards.
1215 Before making a recommendation to the Secretary of Economic
1216 Opportunity executive director, the department shall solicit
1217 comments and recommendations from the Department of Agriculture
1218 and Consumer Services. For each project, the evaluation and
1219 recommendation to the department must include, but need not be
1220 limited to:
1221 (a) A description of the project, its required facilities,
1222 and the associated product, service, or research and development
1223 associated with the project.
1224 (b) The percentage of match provided for the project.
1225 (c) The number of full-time equivalent jobs that will be

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1226 created by the project, the total estimated average annual wages
1227 of such jobs, and the types of business activities and jobs
1228 likely to be stimulated by the project.
1229 (d) The cumulative investment to be dedicated to the
1230 project within 5 years and the total investment expected in the
1231 project if more than 5 years.
1232 (e) The projected economic and fiscal impacts on the local
1233 and state economies relative to investment.
1234 (f) A statement of any special impacts the project is
1235 expected to stimulate in a particular business sector in the
1236 state or regional economy or in the state's universities and
1237 community colleges.
1238 (g) A statement of any anticipated or proposed
1239 relationships with state universities.
1240 (h) A statement of the role the incentive is expected to
1241 play in the decision of the applicant to locate or expand in
1242 this state.
1243 (i) A recommendation and explanation of the amount of the
1244 award needed to cause the applicant to expand or locate in this
1245 state.
1246 (j) A discussion of the efforts and commitments made by
1247 the local community in which the project is to be located to
1248 induce the applicant's location or expansion, taking into
1249 consideration local resources and abilities.
1250 (k) A recommendation for specific performance criteria the

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1251 applicant would be expected to achieve in order to receive
1252 payments from the fund and penalties or sanctions for failure to
1253 meet or maintain performance conditions.
1254 (l) Additional evaluative criteria for a research and
1255 development facility project, including:
1256 1. A description of the extent to which the project has
1257 the potential to serve as catalyst for an emerging or evolving
1258 cluster.
1259 2. A description of the extent to which the project has or
1260 could have a long-term collaborative research and development
1261 relationship with one or more universities or community colleges
1262 in this state.
1263 3. A description of the existing or projected impact of
1264 the project on established clusters or targeted industry
1265 sectors.
1266 4. A description of the project's contribution to the
1267 diversity and resiliency of the innovation economy of this
1268 state.
1269 5. A description of the project's impact on special needs
1270 communities, including, but not limited to, rural areas,
1271 distressed urban areas, and enterprise zones.
1272 (m) Additional evaluative criteria for alternative and
1273 renewable energy proposals, including:
1274 1. The availability of matching funds or other in-kind
1275 contributions applied to the total project from an applicant.

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1276 The Department of Agriculture and Consumer Services shall give
1277 greater preference to projects that provide such matching funds
1278 or other in-kind contributions.
1279 2. The degree to which the project stimulates in-state
1280 capital investment and economic development in metropolitan and
1281 rural areas, including the creation of jobs and the future
1282 development of a commercial market for renewable energy
1283 technologies.
1284 3. The extent to which the proposed project has been
1285 demonstrated to be technically feasible based on pilot project
1286 demonstrations, laboratory testing, scientific modeling, or
1287 engineering or chemical theory that supports the proposal.
1288 4. The degree to which the project incorporates an
1289 innovative new technology or an innovative application of an
1290 existing technology.
1291 5. The degree to which a project generates thermal,
1292 mechanical, or electrical energy by means of a renewable energy
1293 resource that has substantial long-term production potential.
1294 6. The degree to which a project demonstrates efficient
1295 use of energy and material resources.
1296 7. The degree to which the project fosters overall
1297 understanding and appreciation of renewable energy technologies.
1298 8. The ability to administer a complete project.
1299 9. Project duration and timeline for expenditures.
1300 10. The geographic area in which the project is to be

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1301 conducted in relation to other projects.
1302 11. The degree of public visibility and interaction.
1303 Section 24. Paragraph (b) of subsection (1) of section
1304 288.1251, Florida Statutes, is amended to read:
1305 288.1251 Promotion and development of entertainment
1306 industry; Office of Film and Entertainment; creation; purpose;
1307 powers and duties.—
1308 (1) CREATION.—
1309 (b) The department shall conduct a national search for a
1310 qualified person to fill the position of Commissioner of Film
1311 and Entertainment when the position is vacant. The Secretary of
1312 Economic Opportunity executive director of the department has
1313 the responsibility to hire the film commissioner. Qualifications
1314 for the film commissioner include, but are not limited to, the
1315 following:
1316 1. A working knowledge of the equipment, personnel,
1317 financial, and day-to-day production operations of the
1318 industries to be served by the Office of Film and Entertainment;
1319 2. Marketing and promotion experience related to the film
1320 and entertainment industries to be served;
1321 3. Experience working with a variety of individuals
1322 representing large and small entertainment-related businesses,
1323 industry associations, local community entertainment industry
1324 liaisons, and labor organizations; and
1325 4. Experience working with a variety of state and local

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1326 governmental agencies.
1327 Section 25. Subsection (8) of section 288.8014, Florida
1328 Statutes, is amended to read:
1329 288.8014 Triumph Gulf Coast, Inc.; organization; board of
1330 directors.—
1331 (8) The Secretary executive director of the Department of
1332 Economic Opportunity, or his or her designee, the secretary of
1333 the Department of Environmental Protection, or his or her
1334 designee, and the chair of the Committee of 8 Disproportionally
1335 Affected Counties, or his or her designee, shall be available to
1336 consult with the board of directors and may be requested to
1337 attend meetings of the board of directors. These individuals
1338 shall not be permitted to vote on any matter before the board.
1339 Section 26. Paragraph (a) of subsection (4) of section
1340 288.955, Florida Statutes, is amended to read:
1341 288.955 Scripps Florida Funding Corporation.—
1342 (4) BOARD; MEMBERSHIP.—The corporation shall be governed
1343 by a board of directors.
1344 (a) The board of directors shall consist of nine voting
1345 members, of whom the Governor shall appoint three, the President
1346 of the Senate shall appoint three, and the Speaker of the House
1347 of Representatives shall appoint three. The Secretary of
1348 Economic Opportunity executive director of the department or the
1349 secretary's director's designee shall serve as an ex-officio,
1350 nonvoting member of the board of directors.

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1351 Section 27. Subsection (2) of section 288.9604, Florida
1352 Statutes, is amended to read:
1353 288.9604 Creation of the corporation.—
1354 (2) The board of directors of the corporation shall
1355 consist of seven directors. The Secretary of Economic
1356 Opportunity executive director of the department, or his or her
1357 designee, shall serve as chair of the board of directors of the
1358 corporation. The director of the Division of Bond Finance of the
1359 State Board of Administration, or his or her designee, shall
1360 serve as a director on the board of directors of the
1361 corporation. The Governor, subject to confirmation by the
1362 Senate, shall appoint the remaining five directors of the board
1363 of directors of the corporation. The terms of office for the
1364 appointed directors are for 4 years after the date of their
1365 appointment. A vacancy occurring during a term of an appointed
1366 director shall be filled for the unexpired term. An appointed
1367 director is eligible for reappointment. At least three of the
1368 appointed directors of the corporation must have experience in
1369 finance, and one of the directors must have experience in
1370 economic development.
1371 Section 28. Subsection (5) of section 288.987, Florida
1372 Statutes, is amended to read:
1373 288.987 Florida Defense Support Task Force.—
1374 (5) The Secretary executive director of the Department of
1375 Economic Opportunity, or his or her designee, shall serve as the

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1376 ex officio, nonvoting executive director of the task force.
1377 Section 29. Paragraph (a) of subsection (6) of section
1378 290.0065, Florida Statutes, is amended to read:
1379 290.0065 State designation of enterprise zones.—
1380 (6)(a) The department may develop guidelines necessary for
1381 the approval of areas under this section by the Secretary of
1382 Economic Opportunity executive director.
1383 Section 30. Subsection (1) of section 311.09, Florida
1384 Statutes, is amended to read:
1385 311.09 Florida Seaport Transportation and Economic
1386 Development Council.—
1387 (1) The Florida Seaport Transportation and Economic
1388 Development Council is created within the Department of
1389 Transportation. The council consists of the following 17
1390 members: the port director, or the port director's designee, of
1391 each of the ports of Jacksonville, Port Canaveral, Port Citrus,
1392 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
1393 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
1394 West, and Fernandina; the secretary of the Department of
1395 Transportation or his or her designee; and the secretary
1396 director of the Department of Economic Opportunity or his or her
1397 designee.
1398 Section 31. Paragraph (b) of subsection (1) of section
1399 311.105, Florida Statutes, is amended to read:
1400 311.105 Florida Seaport Environmental Management

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1401 Committee; permitting; mitigation.—
1402 (1)
1403 (b) The committee shall consist of the following members:
1404 the Secretary of Environmental Protection, or his or her
1405 designee, as an ex officio, nonvoting member; a designee from
1406 the United States Army Corps of Engineers, as an ex officio,
1407 nonvoting member; a designee from the Florida Inland Navigation
1408 District, as an ex officio, nonvoting member; the Secretary
1409 executive director of the Department of Economic Opportunity, or
1410 his or her designee, as an ex officio, nonvoting member; and
1411 five or more port directors, as voting members, appointed to the
1412 committee by the council chair, who shall also designate one
1413 such member as committee chair.
1414 Section 32. Subsection (3) of section 334.065, Florida
1415 Statutes, is amended to read:
1416 334.065 Center for Urban Transportation Research.—
1417 (3) An advisory board shall be created to periodically and
1418 objectively review and advise the center concerning its research
1419 program. Except for projects mandated by law, state-funded base
1420 projects shall not be undertaken without approval of the
1421 advisory board. The membership of the board shall consist of
1422 nine experts in transportation-related areas, including the
1423 secretaries of the Department Florida Departments of
1424 Transportation, the Department of and Environmental Protection,
1425 and the executive director of the Department of Economic

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1426 Opportunity, or their designees, and a member of the Florida
1427 Transportation Commission. The nomination of the remaining
1428 members of the board shall be made to the President of the
1429 University of South Florida by the College of Engineering at the
1430 University of South Florida, and the appointment of these
1431 members must be reviewed and approved by the Florida
1432 Transportation Commission and confirmed by the Board of
1433 Governors.
1434 Section 33. Subsection (5) of section 373.4149, Florida
1435 Statutes, is amended to read:
1436 373.4149 Miami-Dade County Lake Belt Plan.—
1437 (5) The secretary of the Department of Environmental
1438 Protection, the secretary executive director of the Department
1439 of Economic Opportunity, the secretary of the Department of
1440 Transportation, the Commissioner of Agriculture, the executive
1441 director of the Fish and Wildlife Conservation Commission, and
1442 the executive director of the South Florida Water Management
1443 District may enter into agreements with landowners, developers,
1444 businesses, industries, individuals, and governmental agencies
1445 as necessary to effectuate the Miami-Dade County Lake Belt Plan
1446 and the provisions of this section.
1447 Section 34. Subsection (2) of section 380.045, Florida
1448 Statutes, is amended to read:
1449 380.045 Resource planning and management committees;
1450 objectives; procedures.—

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1451 (2) The committee must shall include, but is shall not be
1452 limited to, representation from each of the following: elected
1453 officials from the local governments within the area under
1454 study; the planning office of each of the local governments
1455 within the area under study; the state land planning agency; any
1456 other state agency under chapter 20 a representative of which
1457 the Governor feels is relevant to the compilation of the
1458 committee; and a water management district, if appropriate, and
1459 regional planning council all or part of whose jurisdiction lies
1460 within the area under study. After the appointment of the
1461 members, the Governor shall select a chair and vice chair. A
1462 staff member of the state land planning agency shall be
1463 appointed by the secretary director of such agency to serve as
1464 the secretary of the committee. The state land planning agency
1465 shall, to the greatest extent possible, provide technical
1466 assistance and administrative support to the committee. Meetings
1467 will be called as needed by the chair or on the demand of three
1468 or more members of the committee. The committee will act on a
1469 simple majority of a quorum present and shall make a report
1470 within 6 months to the head of the state land planning agency.
1471 The committee must shall, from the time of appointment, remain
1472 in existence for no less than 6 months.
1473 Section 35. Subsection (5) of section 403.0752, Florida
1474 Statutes, is amended to read:
1475 403.0752 Ecosystem management agreements.—

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1476 (5) The Secretary Executive Director of the Department of
1477 Economic Opportunity, the Secretary of Transportation, the
1478 Commissioner of Agriculture, the Executive Director of the Fish
1479 and Wildlife Conservation Commission, and the executive
1480 directors of the water management districts are authorized to
1481 participate in the development of ecosystem management
1482 agreements with regulated entities and other governmental
1483 agencies as necessary to effectuate the provisions of this
1484 section. Local governments are encouraged to participate in
1485 ecosystem management agreements.
1486 Section 36. Subsection (1) of section 420.0005, Florida
1487 Statutes, is amended to read:
1488 420.0005 State Housing Trust Fund; State Housing Fund.—
1489 (1) There is established in the State Treasury a separate
1490 trust fund to be named the "State Housing Trust Fund." There
1491 shall be deposited in the fund all moneys appropriated by the
1492 Legislature, or moneys received from any other source, for the
1493 purpose of this chapter, and all proceeds derived from the use
1494 of such moneys. The fund shall be administered by the Florida
1495 Housing Finance Corporation on behalf of the department, as
1496 specified in this chapter. Money deposited to the fund and
1497 appropriated by the Legislature must, notwithstanding the
1498 provisions of chapter 216 or s. 420.504(3), be transferred
1499 quarterly in advance, to the extent available, or, if not so
1500 available, as soon as received into the State Housing Trust

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1501 Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
1502 by the Chief Financial Officer to the corporation upon
1503 certification by the Secretary executive director of the
1504 Department of Economic Opportunity that the corporation is in
1505 compliance with the requirements of s. 420.0006. The
1506 certification made by the secretary executive director shall
1507 also include the split of funds among programs administered by
1508 the corporation and the department as specified in chapter 92-
1509 317, Laws of Florida, as amended. Moneys advanced by the Chief
1510 Financial Officer must be deposited by the corporation into a
1511 separate fund established with a qualified public depository
1512 meeting the requirements of chapter 280 to be named the "State
1513 Housing Fund" and used for the purposes of this chapter.
1514 Administrative and personnel costs incurred in implementing this
1515 chapter may be paid from the State Housing Fund, but such costs
1516 may not exceed 5 percent of the moneys deposited into such fund.
1517 To the State Housing Fund shall be credited all loan repayments,
1518 penalties, and other fees and charges accruing to such fund
1519 under this chapter. It is the intent of this chapter that all
1520 loan repayments, penalties, and other fees and charges collected
1521 be credited in full to the program account from which the loan
1522 originated. Moneys in the State Housing Fund which are not
1523 currently needed for the purposes of this chapter shall be
1524 invested in such manner as is provided for by statute. The
1525 interest received on any such investment shall be credited to

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1526 the State Housing Fund.
1527 Section 37. Section 420.0006, Florida Statutes, is amended
1528 to read:
1529 420.0006 Authority to contract with corporation; contract
1530 requirements; nonperformance.—The Secretary executive director
1531 of Economic Opportunity the department shall contract,
1532 notwithstanding part I of chapter 287, with the Florida Housing
1533 Finance Corporation on a multiyear basis to stimulate, provide,
1534 and foster affordable housing in the state. The contract must
1535 incorporate the performance measures required by s. 420.511 and
1536 be consistent with the corporation's strategic business plan
1537 prepared in accordance with s. 420.511. The contract must
1538 provide that if the corporation fails to comply with a
1539 performance measure required by s. 420.511, the secretary
1540 executive director shall notify the Governor and refer the
1541 nonperformance to the department's inspector general for review
1542 and determination as to whether such failure is due to forces
1543 beyond the corporation's control or whether such failure is due
1544 to inadequate management of the corporation's resources.
1545 Advances shall continue to be made pursuant to s. 420.0005
1546 during the pendency of the review. If such failure is due to
1547 outside forces, it may not be deemed a violation of the
1548 contract. If such failure is due to inadequate management, the
1549 department's inspector general shall provide recommendations
1550 regarding solutions. The Governor may resolve differences of

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1551 opinion with respect to performance under the contract and may
1552 request that advances continue in the event of a failure under
1553 the contract due to inadequate management. The Chief Financial
1554 Officer shall approve the request absent a finding by the Chief
1555 Financial Officer that continuing such advances would adversely
1556 impact the state; however, the Chief Financial Officer shall
1557 provide advances sufficient to meet the debt service
1558 requirements of the corporation and sufficient to fund contracts
1559 committing funds from the State Housing Trust Fund if such
1560 contracts are in accordance with the laws of this state.
1561 Section 38. Paragraph (d) of subsection (1) of section
1562 420.101, Florida Statutes, is amended to read:
1563 420.101 Housing Development Corporation of Florida;
1564 creation, membership, and purposes.—
1565 (1) Twenty-five or more persons, a majority of whom shall
1566 be residents of this state, who may desire to create a housing
1567 development corporation under the provisions of this part for
1568 the purpose of promoting and developing housing and advancing
1569 the prosperity and economic welfare of the state and, to that
1570 end, to exercise the powers and privileges hereinafter provided,
1571 may be incorporated by filing in the Department of State, as
1572 hereinafter provided, articles of incorporation. The articles of
1573 incorporation shall contain:
1574 (d) The names and post office addresses of the members of
1575 the first board of directors. The first board of directors shall

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1576 be elected by and from the stockholders of the corporation and
1577 shall consist of 21 members. However, five of such members shall
1578 consist of the following persons, who shall be nonvoting
1579 members: the Secretary executive director of the Department of
1580 Economic Opportunity or her or his designee; the head of the
1581 Department of Financial Services or her or his designee with
1582 expertise in banking matters; a designee of the head of the
1583 Department of Financial Services with expertise in insurance
1584 matters; one state senator appointed by the President of the
1585 Senate; and one representative appointed by the Speaker of the
1586 House of Representatives.
1587 Section 39. Subsection (8) of section 420.503, Florida
1588 Statutes, is amended to read:
1589 420.503 Definitions.—As used in this part, the term:
1590 (8) "Contract" means the contract between the Secretary
1591 executive director of Economic Opportunity the department and
1592 the corporation for provision of housing services referenced in
1593 s. 420.0006.
1594 Section 40. Subsections (1) and (3) of section 420.504,
1595 Florida Statutes, are amended to read:
1596 420.504 Public corporation; creation, membership, terms,
1597 expenses.—
1598 (1) A public corporation and a public body corporate and
1599 politic, to be known as the "Florida Housing Finance
1600 Corporation," is created within the Department of Economic

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1601 Opportunity. It is declared to be the intent of and
1602 constitutional construction by the Legislature that the Florida
1603 Housing Finance Corporation constitutes an entrepreneurial
1604 public corporation organized to provide and promote the public
1605 welfare by administering the governmental function of financing
1606 or refinancing housing and related facilities in this state and
1607 that the corporation is not a department of the executive branch
1608 of state government within the scope and meaning of s. 6, Art.
1609 IV of the State Constitution, but is functionally related to the
1610 Department of Economic Opportunity in which it is placed. The
1611 executive function of state government to be performed by the
1612 Secretary executive director of the Department of Economic
1613 Opportunity in the conduct of the business of the Florida
1614 Housing Finance Corporation must be performed pursuant to a
1615 contract to monitor and set performance standards for the
1616 implementation of the business plan for the provision of housing
1617 approved for the corporation as provided in s. 420.0006. This
1618 contract must include performance standards for the provision of
1619 affordable housing in this state established in the strategic
1620 business plan described in s. 420.511.
1621 (3) The corporation is a separate budget entity and is not
1622 subject to control, supervision, or direction by the Department
1623 of Economic Opportunity in any manner, including, but not
1624 limited to, personnel, purchasing, transactions involving real
1625 or personal property, and budgetary matters. The corporation

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1626 shall consist of a board of directors composed of the Secretary
1627 executive director of the Department of Economic Opportunity as
1628 an ex officio and voting member, or a senior-level agency
1629 employee designated by the secretary director, and eight members
1630 appointed by the Governor subject to confirmation by the Senate
1631 from the following:
1632 (a) One citizen actively engaged in the residential home
1633 building industry.
1634 (b) One citizen actively engaged in the banking or
1635 mortgage banking industry.
1636 (c) One citizen who is a representative of those areas of
1637 labor engaged in home building.
1638 (d) One citizen with experience in housing development who
1639 is an advocate for low-income persons.
1640 (e) One citizen actively engaged in the commercial
1641 building industry.
1642 (f) One citizen who is a former local government elected
1643 official.
1644 (g) Two citizens of the state who are not principally
1645 employed as members or representatives of any of the groups
1646 specified in paragraphs (a)-(f).
1647 Section 41. Subsection (1) of section 420.506, Florida
1648 Statutes, is amended to read:
1649 420.506 Executive director; agents and employees;
1650 inspector general.—

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1651 (1) The appointment and removal of an executive director
1652 shall be by the Secretary executive director of the Department
1653 of Economic Opportunity, with the advice and consent of the
1654 corporation's board of directors. The executive director shall
1655 employ legal and technical experts and such other agents and
1656 employees, permanent and temporary, as the corporation may
1657 require, and shall communicate with and provide information to
1658 the Legislature with respect to the corporation's activities.
1659 Notwithstanding s. 216.262, the board may develop and implement
1660 rules regarding the employment of employees of the corporation
1661 and service providers, including legal counsel. The board is
1662 entitled to establish travel procedures and guidelines for
1663 employees of the corporation, subject to s. 112.061(6) and (7).
1664 The executive director's office and the corporation's files and
1665 records must be located in Leon County.
1666 Section 42. Subsection (30) of section 420.507, Florida
1667 Statutes, is amended to read:
1668 420.507 Powers of the corporation.—The corporation shall
1669 have all the powers necessary or convenient to carry out and
1670 effectuate the purposes and provisions of this part, including
1671 the following powers which are in addition to all other powers
1672 granted by other provisions of this part:
1673 (30) To prepare and submit to the Secretary executive
1674 director of Economic Opportunity the department a budget request
1675 for purposes of the corporation, which request shall,

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1676 notwithstanding the provisions of chapter 216 and in accordance
1677 with s. 216.351, contain a request for operational expenditures
1678 and separate requests for other authorized corporation programs.
1679 The request need not contain information on the number of
1680 employees, salaries, or any classification thereof, and the
1681 approved operating budget therefor need not comply with s.
1682 216.181(8)-(10). The secretary executive director may include
1683 within the department's budget request the corporation's budget
1684 request in the form as authorized by this section.
1685 Section 43. Subsection (2) of section 420.511, Florida
1686 Statutes, is amended to read:
1687 420.511 Strategic business plan; long-range program plan;
1688 annual report; audited financial statements.—
1689 (2) The corporation, in coordination with the department,
1690 shall annually develop a long-range program plan for the
1691 provision of affordable housing in this state as required
1692 pursuant to chapter 186. In part, the plan must include
1693 provisions that maximize the abilities of the corporation to
1694 implement the state housing strategy established under s.
1695 420.0003, to respond to federal housing initiatives, and to
1696 develop programs in a manner that is more responsive to the
1697 needs of public and private partners. The plan shall be
1698 developed on a schedule consistent with that established by s.
1699 186.021. For purposes of this section, the Secretary of Economic
1700 Opportunity executive director or his or her designee shall

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1701 serve as the corporation's representative to achieve a
1702 coordinated and integrated planning relationship with the
1703 department.
1704 Section 44. Subsection (7) of section 420.602, Florida
1705 Statutes, is amended to read:
1706 420.602 Definitions.—As used in this part, the following
1707 terms shall have the following meanings, unless the context
1708 otherwise requires:
1709 (7) "Director" means the executive director of the
1710 Department of Economic Opportunity.
1711 Section 45. Subsection (5) of section 420.609, Florida
1712 Statutes, is amended to read:
1713 420.609 Affordable Housing Study Commission.—Because the
1714 Legislature firmly supports affordable housing in Florida for
1715 all economic classes:
1716 (5) The commission shall review, evaluate, and make
1717 recommendations regarding existing and proposed housing programs
1718 and initiatives. The commission shall provide these and any
1719 other housing recommendations to the Secretary director of
1720 Economic Opportunity the department and the executive director
1721 of the corporation.
1722 Section 46. Subsection (2) of section 420.622, Florida
1723 Statutes, is amended to read:
1724 420.622 State Office on Homelessness; Council on
1725 Homelessness.—

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1726 (2) The Council on Homelessness is created to consist of
1727 19 representatives of public and private agencies who shall
1728 develop policy and advise the State Office on Homelessness. The
1729 council members shall be: the Secretary of Children and
1730 Families, or his or her designee; the Secretary executive
1731 director of the Department of Economic Opportunity, or his or
1732 her designee, who shall advise the council on issues related to
1733 rural development; the State Surgeon General, or his or her
1734 designee; the Executive Director of Veterans' Affairs, or his or
1735 her designee; the Secretary of Corrections, or his or her
1736 designee; the Secretary of Health Care Administration, or his or
1737 her designee; the Commissioner of Education, or his or her
1738 designee; the Executive Director of CareerSource Florida, Inc.,
1739 or his or her designee; one representative of the Florida
1740 Association of Counties; one representative of the Florida
1741 League of Cities; one representative of the Florida Supportive
1742 Housing Coalition; one representative of the Florida Housing
1743 Coalition; the Executive Director of the Florida Housing Finance
1744 Corporation, or his or her designee; one representative of the
1745 Florida Coalition for the Homeless; the secretary of the
1746 Department of Elder Affairs, or his or her designee; and four
1747 members appointed by the Governor. The council members shall be
1748 nonpaid volunteers and shall be reimbursed only for travel
1749 expenses. The appointed members of the council shall be
1750 appointed to staggered 2-year terms and are encouraged to have

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1751 experience in the administration or provision of resources,
1752 services, or housing that addresses the needs of persons
1753 experiencing homelessness. The council shall meet at least four
1754 times per year. The importance of minority, gender, and
1755 geographic representation shall be considered in appointing
1756 members to the council.
1757 Section 47. Paragraph (g) of subsection (1) of section
1758 427.012, Florida Statutes, is amended to read:
1759 427.012 The Commission for the Transportation
1760 Disadvantaged.—There is created the Commission for the
1761 Transportation Disadvantaged in the Department of
1762 Transportation.
1763 (1) The commission shall consist of seven members, all of
1764 whom shall be appointed by the Governor, in accordance with the
1765 requirements of s. 20.052.
1766 (g) The Secretary of Transportation, the Secretary of
1767 Children and Families, the Secretary executive director of the
1768 Department of Economic Opportunity, the executive director of
1769 the Department of Veterans' Affairs, the Secretary of Elderly
1770 Affairs, the Secretary of Health Care Administration, the
1771 director of the Agency for Persons with Disabilities, and a
1772 county manager or administrator who is appointed by the
1773 Governor, or a senior management level representative of each,
1774 shall serve as ex officio, nonvoting advisors to the commission.
1775 Section 48. Subsections (2), (3), and (4) of section

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1776 443.1116, Florida Statutes, are amended to read:
1777 443.1116 Short-time compensation.—
1778 (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
1779 wishing to participate in the short-time compensation program
1780 must submit a signed, written, short-time plan to the Department
1781 of Economic Opportunity for approval. The Secretary of Economic
1782 Opportunity director or his or her designee shall approve the
1783 plan if:
1784 (a) The plan applies to and identifies each specific
1785 affected unit;
1786 (b) The individuals in the affected unit are identified by
1787 name and social security number;
1788 (c) The normal weekly hours of work for individuals in the
1789 affected unit are reduced by at least 10 percent and by not more
1790 than 40 percent;
1791 (d) The plan includes a certified statement by the
1792 employer that the aggregate reduction in work hours is in lieu
1793 of layoffs that would affect at least 10 percent of the
1794 employees in the affected unit and that would have resulted in
1795 an equivalent reduction in work hours;
1796 (e) The plan applies to at least 10 percent of the
1797 employees in the affected unit;
1798 (f) The plan is approved in writing by the collective
1799 bargaining agent for each collective bargaining agreement
1800 covering any individual in the affected unit;

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1801 (g) The plan does not serve as a subsidy to seasonal
1802 employers during the off-season or as a subsidy to employers who
1803 traditionally use part-time employees;
1804 (h) The plan certifies that, if the employer provides
1805 fringe benefits to any employee whose workweek is reduced under
1806 the program, the fringe benefits will continue to be provided to
1807 the employee participating in the short-time compensation
1808 program under the same terms and conditions as though the
1809 workweek of such employee had not been reduced or to the same
1810 extent as other employees not participating in the short-time
1811 compensation program. As used in this paragraph, the term
1812 "fringe benefits" includes, but is not limited to, health
1813 insurance, retirement benefits under defined benefit pension
1814 plans as defined in subsection 35 of s. 1002 of the Employee
1815 Retirement Income Security Act of 1974, 29 U.S.C., contributions
1816 under a defined contribution plan as defined in s. 414(i) of the
1817 Internal Revenue Code, paid vacation and holidays, and sick
1818 leave;
1819 (i) The plan describes the manner in which the
1820 requirements of this subsection will be implemented, including a
1821 plan for giving notice, if feasible, to an employee whose
1822 workweek is to be reduced, together with an estimate of the
1823 number of layoffs that would have occurred absent the ability to
1824 participate in short-time compensation; and
1825 (j) The terms of the employer's written plan and

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1826 implementation are consistent with employer obligations under
1827 applicable federal laws and laws of this state.
1828 (3) APPROVAL OR DISAPPROVAL OF THE PLAN.—The Secretary of
1829 Economic Opportunity director or his or her designee shall
1830 approve or disapprove a short-time compensation plan in writing
1831 within 15 days after its receipt. If the plan is denied, the
1832 secretary director or his or her designee shall notify the
1833 employer of the reasons for disapproval.
1834 (4) BEGINNING AND TERMINATION OF SHORT-TIME COMPENSATION
1835 BENEFIT PERIOD.—A plan takes effect on the date of its approval
1836 by the Secretary of Economic Opportunity director or his or her
1837 designee and expires at the end of the 12th full calendar month
1838 after its effective date.
1839 Section 49. Paragraph (d) of subsection (2) of section
1840 446.53, Florida Statutes, is amended to read:
1841 446.53 Concrete masonry education.—
1842 (2)
1843 (d) In addition to the 13 voting members described in
1844 paragraph (a), the Secretary executive director of the
1845 Department of Economic Opportunity, or his or her designee,
1846 shall serve ex officio as a nonvoting member of the board of
1847 directors of the council.
1848 Section 50. Section 450.261, Florida Statutes, is amended
1849 to read:
1850 450.261 Interstate Migrant Labor Commission; Florida

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1851 membership.—In selecting the Florida membership of the
1852 Interstate Migrant Labor Commission, the Governor may designate
1853 the Secretary executive director of the Department of Economic
1854 Opportunity as his or her representative.
1855 Section 51. Paragraph (d) of subsection (1), paragraph (a)
1856 of subsection (4), and paragraphs (b), (c), and (d) of
1857 subsection (5) of section 624.5105, Florida Statutes, are
1858 amended to read:
1859 624.5105 Community contribution tax credit; authorization;
1860 limitations; eligibility and application requirements;
1861 administration; definitions; expiration.—
1862 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
1863 (d) Each proposal for the granting of such tax credit
1864 requires the prior approval of the Secretary of Economic
1865 Opportunity director.
1866 (4) ADMINISTRATION.—
1867 (a)1. The Department of Economic Opportunity may adopt
1868 rules to administer this section, including rules for the
1869 approval or disapproval of proposals by insurers.
1870 2. The decision of the Secretary of Economic Opportunity
1871 director shall be in writing, and, if approved, the proposal
1872 shall state the maximum credit allowable to the insurer. A copy
1873 of the decision shall be transmitted to the executive director
1874 of the Department of Revenue, who shall apply such credit to the
1875 tax liability of the insurer.

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1876 3. The Department of Economic Opportunity shall monitor
1877 all projects periodically, in a manner consistent with available
1878 resources to ensure that resources are utilized in accordance
1879 with this section; however, each project shall be reviewed no
1880 less frequently than once every 2 years.
1881 4. The Department of Economic Opportunity shall, in
1882 consultation with the Florida Housing Finance Corporation and
1883 the statewide and regional housing and financial intermediaries,
1884 market the availability of the community contribution tax credit
1885 program to community-based organizations.
1886 (5) DEFINITIONS.—As used in this section, the term:
1887 (b) "Director" means the director of the Department of
1888 Economic Opportunity.
1889 (b)(c) "Local government" means any county or incorporated
1890 municipality in the state.
1891 (c)(d) "Project" means an activity as defined in s.
1892 220.03(1)(t).
1893 Section 52. Paragraph (f) of subsection (2) of section
1894 1004.015, Florida Statutes, is amended to read:
1895 1004.015 Florida Talent Development Council.—
1896 (2) Members of the council shall include:
1897 (f) The Secretary executive director of the Department of
1898 Economic Opportunity.
1899 Section 53. For the 2021-2022 fiscal year, the Department
1900 of Economic Opportunity shall take actions to modernize the

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1901 Reemployment Assistance Claims and Benefits Information System
1902 as provided in the General Appropriations Act.
1903 Section 54. This act shall take effect upon becoming a
1904 law.

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CS/HB 1463 by Rep. LaMarca
DEPARTMENT OF ECONOMIC OPPORTUNITY

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. LaMarca (line 411):
Amends the definition of “temporary layoff” and authorizes employers to file initial claims on
behalf of its employees who are a part of a mass separation from the employer.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1463 (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 LaMarca offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 411-732 and insert:
6 Section 8. Subsection (43) of section 443.036, Florida
7 Statutes, is amended to read:
8 443.036 Definitions.—As used in this chapter, the term:
9 (43) "Temporary layoff" means an individual's a job
10 separation due to lack of work which does not exceed 8
11 consecutive weeks and which has a fixed or approximate return-
12 to-work date; or an individual's employer-initiated furlough
13 that causes a mandatory complete stoppage of work if such
14 furlough is temporary and the individual remains job attached
15 and is expected to return to work with the employer.

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Bill No. CS/HB 1463 (2021)
Amendment No. 1

16 Section 9. Paragraph (c) of subsection (1) of section
17 443.091, Florida Statutes, is amended to read:
18 443.091 Benefit eligibility conditions.—
19 (1) An unemployed individual is eligible to receive
20 benefits for any week only if the Department of Economic
21 Opportunity finds that:
22 (c) To make continued claims for benefits, she or he is
23 reporting to the department in accordance with this paragraph
24 and department rules. Department rules may not conflict with s.
25 443.111(1)(b), which requires that each claimant continue to
26 report regardless of any pending appeal relating to her or his
27 eligibility or disqualification for benefits.
28 1. For each week of unemployment claimed, each report
29 must, at a minimum, include the name and, address, and telephone
30 number of each prospective employer contacted, or the date the
31 claimant reported to a one-stop career center, pursuant to
32 paragraph (d). For the purposes of this subparagraph, the term
33 "address" means a website address, a physical address, or an e-
34 mail address.
35 2. The department shall offer an online assessment aimed
36 at identifying an individual's skills, abilities, and career
37 aptitude. The skills assessment must be voluntary, and the
38 department shall allow a claimant to choose whether to take the
39 skills assessment. The online assessment shall be made available

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Amendment No. 1

40 to any person seeking services from a local workforce
41 development board or a one-stop career center.
42 a. If the claimant chooses to take the online assessment,
43 the outcome of the assessment shall be made available to the
44 claimant, local workforce development board, and one-stop career
45 center. The department, local workforce development board, or
46 one-stop career center shall use the assessment to develop a
47 plan for referring individuals to training and employment
48 opportunities. Aggregate data on assessment outcomes may be made
49 available to CareerSource Florida, Inc., and Enterprise Florida,
50 Inc., for use in the development of policies related to
51 education and training programs that will ensure that businesses
52 in this state have access to a skilled and competent workforce.
53 b. Individuals shall be informed of and offered services
54 through the one-stop delivery system, including career
55 counseling, the provision of skill match and job market
56 information, and skills upgrade and other training
57 opportunities, and shall be encouraged to participate in such
58 services at no cost to the individuals. The department shall
59 coordinate with CareerSource Florida, Inc., the local workforce
60 development boards, and the one-stop career centers to identify,
61 develop, and use best practices for improving the skills of
62 individuals who choose to participate in skills upgrade and
63 other training opportunities. The department may contract with
64 an entity to create the online assessment in accordance with the
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Amendment No. 1

65 competitive bidding requirements in s. 287.057. The online
66 assessment must work seamlessly with the Reemployment Assistance
67 Claims and Benefits Information System.
68 Section 10. Paragraph (a) of subsection (1) and subsection
69 (6) of section 443.101, Florida Statutes, are amended to read:
70 443.101 Disqualification for benefits.—An individual shall
71 be disqualified for benefits:
72 (1)(a) For the week in which he or she has voluntarily
73 left work without good cause attributable to his or her
74 employing unit or for the week in which he or she has been
75 discharged by the employing unit for misconduct connected with
76 his or her work, based on a finding by the Department of
77 Economic Opportunity. As used in this paragraph, the term "work"
78 means any work, whether full-time, part-time, or temporary.
79 1. Disqualification for voluntarily quitting continues for
80 the full period of unemployment next ensuing after the
81 individual has left his or her full-time, part-time, or
82 temporary work voluntarily without good cause and until the
83 individual has earned income equal to or greater than 17 times
84 his or her weekly benefit amount. As used in this subsection,
85 the term "good cause" includes only that cause attributable to
86 the employing unit which would compel a reasonable employee to
87 cease working or attributable to the individual's illness or
88 disability requiring separation from his or her work. Any other
89 disqualification may not be imposed.
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90 2. An individual is not disqualified under this subsection
91 for:
92 a. Voluntarily leaving temporary work to return
93 immediately when called to work by the permanent employing unit
94 that temporarily terminated his or her work within the previous
95 6 calendar months;
96 b. Voluntarily leaving work to relocate as a result of his
97 or her military-connected spouse's permanent change of station
98 orders, activation orders, or unit deployment orders; or
99 c. Voluntarily leaving work if he or she proves that his
100 or her discontinued employment is a direct result of
101 circumstances related to domestic violence as defined in s.
102 741.28. An individual who voluntarily leaves work under this
103 sub-subparagraph must:
104 (I) Make reasonable efforts to preserve employment, unless
105 the individual establishes that such remedies are likely to be
106 futile or to increase the risk of future incidents of domestic
107 violence. Such efforts may include seeking a protective
108 injunction, relocating to a secure place, or seeking reasonable
109 accommodation from the employing unit, such as a transfer or
110 change of assignment;
111 (II) Provide evidence such as an injunction, a protective
112 order, or other documentation authorized by state law which
113 reasonably proves that domestic violence has occurred; and

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Amendment No. 1

114 (III) Reasonably believe that he or she is likely to be
115 the victim of a future act of domestic violence at, in transit
116 to, or departing from his or her place of employment. An
117 individual who is otherwise eligible for benefits under this
118 sub-subparagraph is ineligible for each week that he or she no
119 longer meets such criteria or refuses a reasonable accommodation
120 offered in good faith by his or her employing unit.
121 3. The employment record of an employing unit may not be
122 charged for the payment of benefits to an individual who has
123 voluntarily left work under sub-subparagraph 2.c.
124 4. Disqualification for being discharged for misconduct
125 connected with his or her work continues for the full period of
126 unemployment next ensuing after having been discharged and until
127 the individual is reemployed and has earned income of at least
128 17 times his or her weekly benefit amount and for not more than
129 52 weeks immediately following that week, as determined by the
130 department in each case according to the circumstances or the
131 seriousness of the misconduct, under the department's rules for
132 determining disqualification for benefits for misconduct.
133 5. If an individual has provided notification to the
134 employing unit of his or her intent to voluntarily leave work
135 and the employing unit discharges the individual for reasons
136 other than misconduct before the date the voluntary quit was to
137 take effect, the individual, if otherwise entitled, shall

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138 receive benefits from the date of the employer's discharge until
139 the effective date of his or her voluntary quit.
140 6. If an individual is notified by the employing unit of
141 the employer's intent to discharge the individual for reasons
142 other than misconduct and the individual quits without good
143 cause before the date the discharge was to take effect, the
144 claimant is ineligible for benefits pursuant to s. 443.091(1)(d)
145 for failing to be available for work for the week or weeks of
146 unemployment occurring before the effective date of the
147 discharge.
148 (6) For making any false or fraudulent representation for
149 the purpose of obtaining benefits contrary to this chapter,
150 constituting a violation under s. 443.071. The disqualification
151 imposed under this subsection shall begin with the week for in
152 which the false or fraudulent representation was is made and
153 shall continue for a period not to exceed 1 year after the date
154 the Department of Economic Opportunity discovers the false or
155 fraudulent representation and until any overpayment of benefits
156 resulting from such representation has been repaid in full. This
157 disqualification may be appealed in the same manner as any other
158 disqualification imposed under this section. A conviction by any
159 court of competent jurisdiction in this state of the offense
160 prohibited or punished by s. 443.071 is conclusive upon the
161 appeals referee and the commission of the making of the false or

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Amendment No. 1

162 fraudulent representation for which disqualification is imposed
163 under this section.
164 Section 11. Section 443.1113, Florida Statutes, is amended
165 to read:
166 443.1113 Reemployment Assistance Claims and Benefits
167 Information System.—
168 (1) The Department of Economic Opportunity shall implement
169 an integrated, modular system hosted in a cloud computing
170 service, as defined in s. 282.0041, that provides for rapid
171 provisioning of additional data processing when necessary. The
172 system must support the efficient distribution of benefits and
173 the effective operation and management of the reemployment
174 assistance program. To The extent that funds are appropriated
175 for each phase of the Reemployment Assistance Claims and
176 Benefits Information system may be cited by the Legislature, the
177 Department of Economic Opportunity shall replace and enhance the
178 functionality provided in the following systems with an
179 integrated Internet-based system that is known as the
180 "Reemployment Assistance Claims and Benefits Information System"
181 and must:
182 (a) Be accessible through the Internet on both mobile
183 devices and personal computers Claims and benefit mainframe
184 system.
185 (b) Process reemployment assistance claims Florida
186 unemployment Internet direct.
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187 (c) Process benefit payments Florida continued claim
188 Internet directory.
189 (d) Process and manage overpayments Call center
190 interactive voice response system.
191 (e) Perform adjudication functions Benefit overpayment
192 screening system.
193 (f) Process appeals and manage appeal hearings Internet
194 and Intranet appeals system.
195 (g) Manage and process employer charging.
196 (2) Wherever cost-effective and operationally feasible,
197 the Reemployment Assistance Claims and Benefits System shall
198 accomplish the following main business objectives:
199 (a) Wherever cost-effective and operationally feasible,
200 Eliminate or automate existing paper processes and enhance any
201 existing automated workflows in order to expedite customer
202 transactions and eliminate redundancy.
203 (b) Enable and enhance online, self-service capabilities
204 access to claimant and employer information and federal and
205 state reporting.
206 (c) Integrate benefit payment control with the
207 adjudication program and collection system in order to improve
208 the detection of fraud.
209 (d) Comply with all requirements established in federal
210 and state law for reemployment assistance.

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Amendment No. 1

211 (e) Integrate with the Department of Revenue's statewide
212 unified tax system that collects reemployment assistance taxes.
213 (f) Maintain interoperability with other department
214 workforce systems.
215 (g) Allow for employer-assisted claims.
216 (3) The scope of the Reemployment Assistance Claims and
217 Benefits Information System does not include any of the
218 following functionalities:
219 (a) Collection of reemployment assistance taxes.
220 (b) General ledger, financial management, or budgeting
221 capabilities.
222 (c) Human resource planning or management capabilities.
223 (4)(a) The Department of Economic Opportunity shall
224 perform an annual review of the system and identify enhancements
225 or modernization efforts that improve the delivery of services
226 to claimants and employers and reporting to state and federal
227 entities. These improvements must include, but need not be
228 limited to:
229 1. Infrastructure upgrades through cloud services.
230 2. Software improvements.
231 3. Enhanced data analytics and reporting.
232 4. Increased cybersecurity pursuant to s. 282.318.
233 (b) The department shall seek input on recommended
234 enhancements from, at a minimum, the following entities:

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Amendment No. 1

235 1. The Florida Digital Service within the Department of
236 Management Services.
237 2. The General Tax Administration Program Office within
238 the Department of Revenue.
239 3. The Division of Accounting and Auditing within the
240 Department of Financial Services.
241 (5) By October 1, 2023, and each year thereafter, the
242 Department of Economic Opportunity shall submit a Reemployment
243 Assistance Claims and Benefits Information System report to the
244 Governor, the President of the Senate, and the Speaker of the
245 House of Representatives. The report must, at a minimum,
246 include:
247 (a) A summary of maintenance, enhancement, and
248 modernization efforts over the last fiscal year.
249 (b) A 3-year outlook of recommended enhancements or
250 modernization efforts that includes projected costs and
251 timeframes for completion.
252 (6) The Department of Economic Opportunity shall provide
253 monthly project status reports to the chair of the Senate
254 Appropriations Committee, the chair of the House Appropriations
255 Committee, the Office of Policy and Budget in the Executive
256 Office of the Governor, and the Florida Digital Service. Each
257 status report must include ongoing system maintenance activities
258 and progress made to date for each project milestone,
259 deliverable, and task order; planned and actual completion
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260 dates; planned and actual costs incurred; and any current
261 project issues and risks.
262 (7) The Department of Economic Opportunity shall provide
263 project-related data to the Florida Digital Service in support
264 of the Florida Digital Service's project oversight
265 responsibilities pursuant to s. 282.0051. The project to
266 implement the Reemployment Assistance Claims and Benefits
267 Information System is comprised of the following phases and
268 corresponding implementation timeframes:
269 (a) No later than the end of fiscal year 2009-2010
270 completion of the business re-engineering analysis and
271 documentation of both the detailed system requirements and the
272 overall system architecture.
273 (b) The Reemployment Assistance Claims and Benefits
274 Internet portal that replaces the Florida Unemployment Internet
275 Direct and the Florida Continued Claims Internet Directory
276 systems, the Call Center Interactive Voice Response System, the
277 Benefit Overpayment Screening System, the Internet and Intranet
278 Appeals System, and the Claims and Benefits Mainframe System
279 shall be deployed to full operational status no later than the
280 end of fiscal year 2013-2014.
281 (5) The Department of Economic Opportunity shall implement
282 the following project governance structure until such time as
283 the project is completed, suspended, or terminated:

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Amendment No. 1

284 (a) The project sponsor for the Reemployment Assistance
285 Claims and Benefits Information System project is the
286 department.
287 (b) The project shall be governed by an executive steering
288 committee composed of the following voting members or their
289 designees:
290 1. The executive director of the department.
291 2. The executive director of the Department of Revenue.
292 3. The director of the Division of Workforce Services
293 within the department.
294 4. The program director of the General Tax Administration
295 Program Office within the Department of Revenue.
296 5. The chief information officer of the department.
297 (c) The executive steering committee has the overall
298 responsibility for ensuring that the project meets its primary
299 objectives and is specifically responsible for:
300 1. Providing management direction and support to the
301 project management team.
302 2. Assessing the project's alignment with the strategic
303 goals of the department for administering the reemployment
304 assistance program.
305 3. Reviewing and approving or disapproving any changes to
306 the project's scope, schedule, and costs.
307 4. Reviewing, approving or disapproving, and determining
308 whether to proceed with any major project deliverables.
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309 5. Recommending suspension or termination of the project
310 to the Governor, the President of the Senate, and the Speaker of
311 the House of Representatives if it determines that the primary
312 objectives cannot be achieved.
313 (d) The project management team shall work under the
314 direction of the executive steering committee and shall be
315 minimally comprised of senior managers and stakeholders from the
316 department and the Department of Revenue. The project management
317 team is responsible for:
318 1. Providing daily planning, management, and oversight of
319 the project.
320 2. Submitting an operational work plan and providing
321 quarterly updates to that plan to the executive steering
322 committee. The plan must specify project milestones,
323 deliverables, and expenditures.
324 3. Submitting written monthly project status reports to
325 the executive steering committee which include:
326 a. Planned versus actual project costs;
327 b. An assessment of the status of major milestones and
328 deliverables;
329 c. Identification of any issues requiring resolution, the
330 proposed resolution for these issues, and information regarding
331 the status of the resolution;
332 d. Identification of risks that must be managed; and

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Amendment No. 1

333 e. Identification of and recommendations regarding
334 necessary changes in the project's scope, schedule, or costs.
335 All recommendations must be reviewed by project stakeholders
336 before submission to the executive steering committee in order
337 to ensure that the recommendations meet required acceptance
338 criteria.
339 Section 12. Section 443.1118, Florida Statutes, is created
340 to read:
341 443.1118 Employer-assisted claims.—
342 (1) For purposes of this section:
343 (a) "Employer-assisted claim" means an initial claim filed
344 by an employer on behalf of its employees who are a part of a
345 mass separation from the employer.
346 (b) "Mass separation" means a full, partial, permanent, or
347 temporary separation, including a temporary layoff, of full-time
348 employees from their employer if the separation occurs at or
349 around the same time, the employees are separated for the same
350 reason, and the separation is due to circumstances for which the
351 employees are not at fault. The department shall establish
352 criteria for determining what constitutes a mass separation.
353 (2)(a) An employer that commences a mass separation may
354 initiate an employer-assisted claim by submitting employee
355 information to the department pursuant to rules adopted by the
356 department.

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357 (b) Due to the sensitive nature of employee information,
358 an employer shall submit employee information through secure
359 means approved by department rule.
360 (c) For each employer-assisted claim, the employer shall
361 give notice and instructions to the employees regarding the
362 claim and provide an attestation in a form and format required
363 by the department.
364 (3) The effective date of an employer-assisted claim is
365 the Sunday immediately preceding the date on which the employer-
366 assisted claim was received by the department.
367 (4) Weeks of benefits paid to a claimant pursuant to an
368 employer-assisted claim count toward the maximum benefits for
369 which the claimant is eligible.
370 (5) A claimant covered by an employer-assisted claim must
371 file continued biweekly claims pursuant to department rule.
372 (6) This section does not limit, alter, or amend a
373 claimant's rights under this chapter relating to a hearing if a
374 claimant is denied a claim.
375 (7) The department shall adopt rules establishing
376 additional procedures for filing an employer-assisted claim and
377 may adopt additional rules to administer this section.
378
379 -----------------------------------------------------
380 T I T L E A M E N D M E N T
381 Remove lines 32-49 and insert:
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Amendment No. 1

382 amending s. 443.036, F.S.; revising the definition of the term
383 "temporary layoff"; amending s. 443.091, F.S.; revising the
384 reporting requirements for reemployment assistance benefit
385 eligibility; defining the term "address"; amending s. 443.101,
386 F.S.; deleting a provision providing that individuals who
387 voluntarily leave work as a direct result of circumstances
388 relating to domestic violence are ineligible for benefits under
389 certain circumstances; amending s. 443.1113, F.S.; requiring the
390 department to implement an integrated, modular system hosted in
391 a cloud service, rather than an integrated Internet-based
392 system, for the reemployment assistance program; revising the
393 functions and objectives of the Reemployment Assistance Claims
394 and Benefits Information System; revising the duties of the
395 department; providing reporting requirements; deleting obsolete
396 language; deleting provisions relating to duties of the
397 governance structure of the system project; creating s.
398 443.1118, F.S.; defining terms; providing requirements for
399 employer-assisted claims relating to mass separations;
400 specifying the effective date of such claims; providing that
401 benefits paid to a claimant pursuant to an employer-assisted
402 claim count toward maximum benefits for which the claimant is
403 eligible; requiring a claimant covered by an employer-assisted
404 claim to file continued biweekly claims; providing construction;
405 requiring and authorizing the department to adopt specified
406 rules; amending s. 443.151, F.S.; revising
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CS/CS/HB 1517
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1517 Department of Business and Professional Regulation
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Regulatory Reform
Subcommittee, Duggan
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1966

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee 14 Y, 0 N, As CS Wright Anstead

2) State Administration & Technology 14 Y, 0 N, As CS Helpling Topp
Appropriations Subcommittee

3) Commerce Committee Wright Hamon

SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR) is responsible for licensing and regulating various
businesses and professions throughout the state, including, but not limited to, tobacco and alcohol sales; drugs,
devices, and cosmetics; construction contractors; pugilistic events; condominium associations; and public food and
lodging establishments.

Related to tobacco taxation regulations, the bill updates business records and reporting requirements.

Related to contractors, the bill reopens a licensing provision that allows certain local construction contractors to be
licensed statewide, and removes certain licensing fees for construction and electrical contractors.

Related to drugs, devices, and cosmetics, the bill:
• excepts certain cosmetics manufacturers from permit requirements,
• provides a temporary permit process to use during a change of ownership, and
• gives authority to DBPR to issue citations for certain violations.

Related to alcohol regulations, the bill:
 updates application and reporting requirements,
 requires that an alcoholic beverage license applicant provide proof of the applicant’s right to occupy the
entire premises which the applicant seeks a license, and
 changes auditing timeframes for special restaurant licensees.

Related to pugilistic events regulations, the bill:
• renames the Florida State Boxing Commission to the Florida Athletic Commission (FAC), and
• gives full authority to FAC to determine glove requirements, and if gloves are required at all, for matches.

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

The bill has a negative fiscal impact on state government. The loss of revenue over three fiscal years would be an
estimated $374,541, of which $39,324 would be a reduction in transfer to general revenue. See Fiscal Impact &
Economic Impact Statement.

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:
Department of Business and Professional Regulation

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

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

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

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

The Division of Alcoholic Beverages and Tobacco (ABT) regulates the manufacture, distribution, sale,
and service of alcoholic beverages and tobacco products in Florida, including:
 receipt and processing of license applications;

1 s. 20.165, F.S.
2 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers. Florida Department of

Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/dbpr/reg/index.html (last visited Mar. 19,
2021).
3 Florida Department of Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-

of-regulation/ (last visited Mar. 19, 2021).
4 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,

http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Mar. 19, 2021).
5 Id.
6 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants,

http://www.myfloridalicense.com/DBPR/hotels-restaurants/ (last visited Mar. 19, 2021).
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 collection and auditing of taxes, surcharges, and fees paid by licensees; and
 enforcement of the laws and regulations governing the sale of alcoholic beverages and tobacco
products.7

Tobacco

Background

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

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

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

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

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

ABT collects monthly business records related to cigarettes, which are used to accurately collect and
distribute cigarette taxes. Such records must be submitted to ABT by any manufacturer, importer,
distributing agent, wholesale dealer, retail dealer, common carrier, or any other person handling,

7 Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco,

http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/ (last visited Mar. 19, 2021).
8 S. 561.02, F.S.
9 Ss. 210.01(1), 210.25(12), F.S. “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical

means to produce vapor from a nicotine product. “Nicotine products” do not include tobacco products, certain smoking cessation
products, and products with incidental nicotine. S. 877.112(1)(a),(b), F.S.
10 S. 569.003, F.S.
11 Ss. 210.01(21) and 210.15, F.S.
12 Ss. 210.01(6) and 210.15(1), F.S.
13 Ss. 210.01(14) and 210.15(1), F.S.
14 Ss. 210.01(20) and 210.15(1), F.S.
15 Ss. 210.01(17) and 210.15(1), F.S.
16 S. 210.65(2), F.S.
1717 Ss. 210.25(5) and 210.40, F.S.

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transporting, or possessing cigarettes for sale or distribution in Florida. ABT prescribes the manner in
which these records are submitted.18

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

Effect of the Bill

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

The bill allows records related to taxes on cigarettes and tobacco products to be stored electronically.

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

Alcoholic Beverages

Requirements for Licensees and License Applicants – Current Situation

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

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

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

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

Generally, for premises and manufacturing licenses, ABT requires that applicants must submit sketches
of the area and have some dominion and control over the area, but there is not a specific requirement
that applicants have a right of occupancy for the entire premises for which a license is sought.24

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

and Professional Regulation, Alcoholic Beverages and Tobacco- Forms & Publications, Licensing Related Forms, Tax-Related Forms,
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/forms-and-publications/#1516309637983-6566a2a4-a2f1
(last visited Mar. 20, 2021).
19 S. 210.55(1), F.S.
20 S. 561.02, F.S.
21 S. 561.17(1), F.S.
22 Id.
23 Id.
24 Ss. 561.01(11), 565.03(2)(c), F.S.; Email from Conner Mann, Office of Legislative Affairs, DBPR, RE: House Inquiry, (Dec. 19, 2019).

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

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

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

Requirements for Licensees and License Applicants – Effect of the Bill

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

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

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

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

Cancellation of Quota Beverage Licenses – Current Situation

If there are more applicants for a quota license than the number of available quota licenses, ABT must
provide a method of double random selection by public drawing to determine which applicants shall be
considered for issuance of licenses. The availability of licenses is determined by:
• an increase in the population of a county,
• a county permitting the sale of intoxicating beverages when such sale had been prohibited, or
• the revocation of a quota beverage license.

Currently, the availability of licenses is not determined by the cancellation of quota beverage licenses.

Cancellation of Quota Beverage Licenses – Effect of the Bill

The bill provides cancellation of quota beverage licenses is a basis to determine availability of quota
licenses.

Credit for the Sale of Liquor – Current Situation

25 S. 561.55(1), F.S.
26 S. 561.55(2), F.S.

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

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

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

Credit for the Sale of Liquor – Effect of the Bill

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

Permit Carriers – Current Situation

“Permit carrier” is defined as “a licensee authorized to make deliveries as provided in s. 561.57, F.S.”30

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

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

Permit Carriers – Effect of the Bill

The bill removes the obsolete definition for “permit carrier.”

Auditing for Special Licenses – Current Situation

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

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

27 S. 561.42(3), F.S.
28 S. 561.42(4), F.S.
29 Id.
30 S. 561.01(20), F.S.
31 Ch. 2015-52, Laws of Fla.
32 Id.; S. 561.01, F.S.

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of the special license. A licensee whose license is revoked is ineligible to have an interest in a
subsequent application for a license for 120 days after the revocation.33

Auditing for Special Licenses – Effect of the Bill

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

Also, instead of a mandatory yearly audit, the timing for subsequent audits will be determined by the
following percentages of the licensee’s gross food and beverage revenue from the sale of food and
non-alcoholic beverages, as established by the licensee’s most recent audit:
 level 1 licensees, with 51 to 60 percent, will be audited every year;
 level 2 licensees, with 61 to 75 percent, will be audited every 2 years;
 level 3 licensees, with 76 to 90 percent, will be audited every 3 years; and
 level 4 licensees, with 91 to 100 percent, will be audited every 4 years.

Adulterating Liquors with Grains of Paradise – Current Situation

Section 562.455, F.S., provides that a person who adulterates, for the purpose of sale, any liquor, used
or intended for drink, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum,
copperas, laurel water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is
poisonous or injurious to health, and whoever knowingly sells any liquor so adulterated, is guilty of a
third degree felony. This law was enacted in 1868.

Grains of paradise is a spice related to ginger native to West Africa.34 It is commonly used in alcoholic
beverages, food, and medicine.35 Grains of paradise has been found to be generally regarded as safe
by the Food and Drug Administration (FDA).36

On January 28, 2020, the United States District Court for the Southern District of Florida held that s.
562.455, F.S., as it relates to prohibiting the use of grains of paradise in liquor, is preempted by federal
law.37 The court found that the Federal Food, Drug, and Cosmetic Act (FFDCA) and FDA regulations
conflict with s. 562.455, F.S., because it frustrates the purposes and objectives of the FFDCA and its
implementing FDA regulations. Under FFDCA, the FDA has broad regulatory authority to monitor and
control the introduction of “food additives” in interstate commerce. The FFDCA’s purpose is to advance
food technology by allowing the use of safe food additives, and the Florida law prohibits the use of an
additive that has been found to be generally regarded as safe by the FDA.38

Adulterating Liquors with Grains of Paradise – Effect of the Bill

The bill removes “grains of paradise” from the list of prohibited ingredients in liquor, which will allow the
use of grains of paradise by a person without concern that they may be charged with a third degree
felony.

Contractors

Background

33 S. 561.20(2)(a)4., F.S.
34 Merriam-Webster Dictionary, Grains of Paradise, https://www.merriam-webster.com/dictionary/grains%20of%20paradise (last visited

Mar. 19, 2021).
35 WebMD, Grains of Paradise, https://www.webmd.com/vitamins/ai/ingredientmono-670/grains-of-paradise (last visited Mar. 19, 2021);

SPICEography, Grains of Paradise: An African Spice with a European History, https://www.spiceography.com/grains-of-paradise/ (last
visited Mar. 19, 2021).
36 21 C.F.R. § 182.10 (2020).
37 Marrache v. Bacardi U.S.A., Inc., No. 19-23856-Civ-Scola, 2020 WL 434928, at *3 (S.D. Florida Jan. 1, 2020).
38 Id. at *2.

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The Construction Industry Licensing Board (CILB) under DBPR is responsible for licensing and
regulating professionals in the construction industry described in part I of ch. 489, F.S..39 The CILB
approves or denies applications for licensure, reviews disciplinary cases, and conducts informal
hearings relating to discipline.40

“Certified contractors” are contractors who are licensed by the CILB in a statutory license category and
are allowed to practice in any jurisdiction in the state.41 Applicants for a construction contractor license
must meet the following criteria:42
• Be at least 18 years of age;
• Submit an application and fee;
• Successfully pass the certification examination;
• Meet eligibility requirements according to a combination of education and experience as
approved by the CILB; and
• Provide evidence of:43
o Workers’ compensation insurance,
o Public liability insurance,
o Property damage insurance, and
o Financial responsibility.

The CILB licenses the following statutory types of contractors:44
• Division I is comprised of the following types of contractors:
o General,
o Building, and
o Residential.
• Division II is comprised of the following types of contractors:
o Sheet metal,
o Roofing,
o Classes A, B, and C air conditioning,
o Mechanical,
o Commercial pool and spa,
o Residential pool and spa,
o Swimming pool and spa servicing,
o Plumbing,
o Underground utility and excavation,
o Solar, and
o Pollutant storage systems.

“Registered contractors” are individuals that have taken and passed a local competency examination
and can practice the specific category of contracting for which they are approved, only in the local
jurisdiction for which the license is issued.45 Locally registered contractors that are required to hold a
contracting license to practice their profession in accordance with state law must register with DBPR
after obtaining a local license.46 Local governments may approve or deny applications for licensure as a
registered contractor, review disciplinary cases, and conduct informal hearings relating to discipline of
registered contractors licensed in their jurisdiction.47

Construction Contractor Grandfathering Provision – Current Situation

Section 489.118, F.S., created a pathway that allowed registered local construction contractors who
met certain criteria to have their local registration converted into a certified statewide license by the

39 S. 489.107, F.S.
40 Id.
41 S. 489.105, F.S.
42 Ss. 489.111(2)(c)1.-3., 489.113, F.S.
43 S. 489.115(5)(a)-(b), F.S.
44 S. 489.105(a)-(q), F.S.; R. 61G4-15.015-040, F.A.C.
45 S. 489.103, F.S.
46 Ss. 489.105, & 489.117(4), F.S.
47 Ss. 489.117, & 489.131 F.S.

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CILB.48 The provision required applicants to apply by November 1, 2015, and is thus is no longer
available for use by local registered contractors. This provision is commonly referred to as the
“grandfathering provision.”

Any local registered construction contractor wishing to have a license converted into a certified
statewide license had to submit a completed application with a fee to the CILB and show evidence of
the following criteria:49
• Hold a valid registered local license in one of the statutory contractor categories.
• Passed a written examination that the board finds to be substantially similar to the examination
required to be licensed as a certified contractor.
• Has at least 5 years of experience as a contractor in that contracting category, or as an
inspector or building administrator with oversight over that category.
• Has not had their license revoked at any time, had their license suspended within the last 5
years, or been assessed a fine in excess of $500 within the last 5 years.
• Is in compliance with the insurance and financial responsibility requirements required of a
statewide applicant.

Construction Contractor Grandfathering Provision – Effect of the Bill

The bill reopens the grandfathering provision, allowing a registered local construction contractor to
obtain a statewide certification through the same process that was previously used if the registered
contractor meets such grandfathering requirements. Local contractors may make this conversion at any
time and the provision does not expire.

Construction and Electrical Contractor Licensing Fees – Current Situation

The Electrical Contractors’ Licensing Board (ECLB) within DBPR is responsible for licensing and
regulating electrical contractors and alarm system contractors described in part II of ch. 489, F.S.50 An
electrical contractor engages in business as a contractor or performs electrical or alarm work for
compensation.51

The CILB and ECLB must establish by rule reasonable fees to be paid by construction and electrical
contractors for applications, certification and renewal, registration and renewal, and recordmaking and
recordkeeping.52

In addition to such fees, all construction and electrical contractors must pay a fee of $4 to DBPR at the
time of application or renewal to fund projects relating to the building construction industry or continuing
education programs offered to persons engaged in the building construction industry in Florida.53

The CILB and ECLB must advise DBPR on the most needed areas of research or continuing education
based on:54
• Significant changes in the industry’s practices,
• Changes in the state building code,
• The most common types of consumer complaints, or
• Problems costing state or local governmental entities substantial waste.

DBPR must ensure the distribution of related research reports and the availability of continuing
education programs is made to all related segments of the construction industry. DBPR must report to
CILB and ECLB in October of each year, summarizing the allocation of the funds by institution and
summarizing the new projects funded and the status of previously funded projects.55

48 S. 489.118, F.S.
49 Id.
50 S. 489.507, F.S.
51 S. 489.505(9), F.S.
52 Ss. 489.109(1) & 489.509(1), F.S.
53 Ss. 489.109(3) & 489.509(3), F.S.
54 Id.
55 Id.

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Construction and Electrical Contractor Licensing Fees - Effect of the Bill

The bill removes the $4 additional application and renewal fee for construction and electrical
contractors to fund projects and continuing education programs related to areas of need in the
construction industry.

The bill makes a conforming change.

Drugs, Devices, and Cosmetics

Background

The Division of Drugs, Devices, and Cosmetics (DDC) under DBPR protects the health, safety, and
welfare of Floridians from adulterated, contaminated, and misbranded drugs, drug ingredients, and
cosmetics by enforcing Part I of ch. 499, F.S., the Florida Drug and Cosmetic Act (FDCA).56 The Act
conforms to United Stated Food and Drug Administration (FDA) drug laws and regulations and
authorizes DBPR to issue permits to Florida drug manufacturers and wholesale distributors and register
drugs manufactured, packaged, repackaged, labeled, or relabeled in Florida.57

Florida has 18 distinct permits based on the type of entity and intended activity, and includes permits
for entities within the state, out of state, or even outside of the United States.58 DDC has broad
authority to inspect and discipline permittees for violations of state or federal laws and regulations,
which can include seizure and condemnation of adulterated or misbranded drugs or suspension or
revocation of a permit.59

The types of permits issued by DDC are:60
• Prescription drug manufacturer,
• Prescription drug repackager,
• Nonresident prescription drug manufacturer,
• Nonresident prescription drug repackager,
• Prescription drug wholesale distributor,
• Out-of-state prescription drug wholesale distributor,
• Retail pharmacy drug wholesale distributor,
• Restricted prescription drug distributor,
• Complimentary drug distributor,
• Freight forwarder,
• Veterinary prescription drug retail establishment,
• Veterinary prescription drug wholesale distributor,
• Limited prescription drug veterinary wholesale distributor,
• Over-the-counter drug manufacturer,
• Device manufacturer,
• Cosmetic manufacturer,
• Third party logistics provider, and
• Health care clinic establishment.

Cosmetic Manufacturer Permits – Current Situation

56 Florida Department of Business and Professional Regulation, Division of Drugs, Devices, and Cosmetics, available at

http://www.myfloridalicense.com/DBPR/drugs-devices-and-cosmetics/ (last visited Mar. 19, 2021).
57 S. 499.01, F.S.
58 A permit is required for a prescription drug manufacturer; a prescription drug repackager; a nonresident prescription drug

manufacturer; a prescription drug wholesale distributor; an out-of-state prescription drug wholesale distributor; a retail pharmacy drug
wholesale distributor; a restricted prescription drug distributor; a complimentary drug distributor; a freight forwarder; a veterinary
prescription drug retail establishment; a veterinary prescription drug wholesale distributor; a limited prescription drug veterinary
wholesale distributor; an over-the-counter drug manufacturer; a device manufacturer; a cosmetic manufacturer; a third party logistics
provider; or a health care clinic establishment. S. 499.01(1), F.S.
59 Ss. 499.051, 499.062, 499.065. 499.066, 499.0661, and 499.067, F.S.
60 S. 499.01(1), F.S.

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The FDCA defines “cosmetic” as an article, with the exception of soap, that is:61
• Intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise applied to
the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or
altering the appearance; or
• Intended for use as a component of any such article.

A cosmetic manufacturer permit is required for any person that manufactures or repackages cosmetics
in Florida. A person that only labels or changes the labeling of a cosmetic, but does not open the
container sealed by the manufacturer of the product, is exempt from obtaining a permit.62

Each cosmetics manufacturer must maintain business records that include:63
• The name and address of the seller or transferor of the product,
• The address of the location the product was shipped from,
• The date of the sale or distribution of the product,
• The name and quantity of the product involved, and
• The name and address of the person who purchased the product.

Cosmetics manufacturers must establish, maintain, or have the capability to create a current inventory
of the cosmetics at an establishment where manufacturing activities are undertaken, and be able to
produce such inventory for inspection by DBPR within 2 business days.64

Cosmetic Manufacturer Permits – Effect of the Bill

The bill provides that a person who manufactures cosmetics and has annual gross sales of $25,000 or
less is not required to obtain a permit. Upon request, an exempt cosmetics manufacturer must provide
to DDC written documentation to verify annual gross sales, including all sales of cosmetic products at
any location, regardless of the types of products sold or the number of persons involved in the
operation.

The bill provides that an exempt cosmetics manufacturer may only:
• Sell prepackaged cosmetics affixed with a label containing information required by the FDA.
• Manufacture and sell cosmetics that are soaps, not otherwise exempt from the definition of
cosmetics, lotions, moisturizers, and creams,
• Sell cosmetics that are not adulterated or misbranded, and
• Sell cosmetic products that are stored on the premises of the cosmetic manufacturing operation.

The bill requires each unit of cosmetics manufactured from an exempt manufacturer to contain in
contrasting color and not less than 10-point, the following statement: "Made by a manufacturer exempt
from Florida's cosmetic manufacturing permit requirements."

The bill allows DDC to investigate any complaint which alleges that an exempt cosmetics manufacturer
has violated the FDCA or a related rule. DDC’s authorized officers or employees may enter and inspect
the premises of an exempt cosmetic manufacturer to determine compliance with the FDCA and related
rules. A refusal to permit entry to the premises or to conduct an inspection is grounds for disciplinary
action.

The bill does not exempt any person from any state or federal tax law, rule, regulation, or certificate, or
from any county or municipal law or ordinance that applies to cosmetic manufacturing.

Change of Ownership and Location – Current Situation

61 S. 499.003(12), F.S.
62 S. 499.01(2)(p), F.S.
63 S. 499.0121(6)(c), F.S.
64 S. 499.0121(6)(d), F.S.

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A permit issued by the department is nontransferable. Each permit is valid only for the person or
governmental unit to which it is issued and is not subject to sale, assignment, or other transfer,
voluntarily or involuntarily. A permit is not valid for any establishment other than the establishment for
which it was originally issued.65 A permitee must notify DDC before making a change of address and
pay the change of location fee.66

An application for a new permit is required when a majority of the ownership or controlling interest of a
permitted establishment is transferred or assigned, or when a lessee agrees to undertake or provide
services to the extent that legal liability for operation of the establishment will rest with the lessee. The
application for the new permit must be made before the date of the sale, transfer, assignment, or
lease.67

Change of Ownership and Location – Effect of the Bill

The bill allows an establishment that requires a DDC permit that submits an application for a change of
ownership or controlling interest or a change of location with the required fees under this subsection, to
request a temporary permit granting the establishment authority to operate for no more than 90
calendar days before obtaining a permanent permit. The establishment must submit the request for a
temporary permit on a department form and obtain authorization to operate with the temporary permit
before operating under the change of ownership or operating at the new location. Upon authorization of
a temporary permit, the existing permit at the location for which the temporary permit is submitted is
immediately null and void. A temporary permit may not be extended and becomes null and void at
12:01 a.m. on the 91st day after DDC authorized such temporary permit. Upon expiration of the
temporary permit, the establishment may not continue to operate under such permit.

Enforcement Actions – Current Situation

Generally, if any person engaged in any activity covered by the FCDA has been found to have violated
a provision, rule, or order under the FDCA, DDC may:68
• Obtain an injunction;
• Impose an administrative fine, not to exceed $5,000 per violation per day;
• Issue an emergency order immediately suspending or revoking a permit;
• Issue an emergency order to immediately remove from commerce and public access any drug,
device, or cosmetic;
• Issue a cease and desist order;69 and
• Deny, suspend, or revoke a permit, certification, or registration.70

DDC does not currently have explicit authority to issue citations.

Enforcement Actions – Effect of the Bill

The bill allows DDC to adopt rules to authorize the issuance of a remedial, nondisciplinary citation.
Such a citation may be issued to the person alleged to have committed a violation of the FDCA based
on an inspection complaint, and must contain the person's name, address, any applicable license
number; a brief factual statement; the sections of the law allegedly violated; and the monetary
assessment and or other remedial measures imposed. The bill provides that the person has 30 days
after the citation is served to contest the citation by providing supplemental and clarifying information to
DDC. The citation must clearly state that the person may choose, in lieu of accepting the citation, to
have the department rescind the citation and conduct an investigation of only those alleged violations
contained in the citation.

65 S. 499.012(6), F.S.
66 S. 499.012(6)(a), F.S.
67 S. 499.012(6)(b), F.S.
68 S. 499.066, F.S.
69 S. 499.0661(1), F.S.
70 S. 499.067, F.S.

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The bill provides that such a citation must be rescinded by DDC if the person remedies or corrects the
violations or deficiencies contained in the citation within 30 days after the citation is served. If the
person does not successfully contest the citation to the satisfaction of DDC, or complete the remedial
action, the citation becomes a final order and does not constitute discipline. The bill provides that DDC
is entitled to recover the costs of investigation, in addition to any penalty provided according to
department rule, as part of the penalty levied pursuant to such citation. Such a citation must be issued
within 6 months after the filing of the complaint that is the basis for the citation. Service of a citation may
be made by personal service or certified mail, restricted delivery, to the person at the person's last
known address of record with DDC, or to the person's Florida registered agent. The bill allows DDC to
adopt rules to designate which violations qualify for a citation and the monetary assessments and or
other remedial measures that must be taken for those violations. Violations designated as subject to
issuance of a citation must be limited to violations for which there is no substantial threat to the public
health, safety, or welfare. DDC has continuous authority to amend its rules adopted pursuant to this
section.

Pugilistic Exhibitions

Background

Chapter 548, F.S., governs the Florida State Boxing Commission (FSBC). The function of the FSBC is
to license and regulate pugilistic events and matches, including professional boxing, kickboxing, and
mixed martial arts. The FSBC ensures that all matches are conducted in accordance with provisions of
state laws and rules. The FSBC designates employees to attend the matches, appoints match officials,
and ensures the matches are held in a safe and fair manner.71 Members of the FSBC are appointed by
the Governor, and there are five members.72

A match participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician,73
matchmaker, or promoter must be licensed by FSBC before directly or indirectly acting in such capacity
in connection with any match. In order to obtain a license, an applicant must:74
 Complete an application in a form prescribed by the FSBC,
 Be at least 18 years of age, and
 Pay an application fee.

The FSBC generally establishes by rule any necessary protective devices that participants must wear,
and the appropriate weight of gloves to be used in each boxing match. However, by statute, all
participants in boxing matches must wear gloves weighing not less than 8 ounces each, and
participants in mixed martial arts matches must wear gloves weighing between 4 to 8 ounces each.75

The FSBC requires that any glove intended to be used by a boxing or kickboxing participant in a match
to be whole, clean, in sanitary condition, and have the thumb attached.76 When both participants in a
match weigh 154 pounds or less, both participants must use 8 ounce gloves, and when one or more of
the participants in a match weighs more than 154 pounds, both participants must use 10 ounce
gloves.77

For mixed martial arts participants, the FSBC requires gloves to be whole, clean, and in sanitary
condition.78 Gloves must weigh no less than 4 ounces and no more than 8 ounces, but both participants
must wear the same weight gloves and use the same manufacturer of gloves as provided by the
promoter, unless both participants agree to use different manufacturers of gloves.79

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

demonstrate satisfactory medical training or experience in boxing. S. 548.017, F.S.
74 S. 548.021, F.S.
75 S. 548.043(3), F.S.
76 R. 61K1-3.030(2)(d), F.A.C.
77 R. 61K1-3.030(2)(a), (b), F.A.C.
78 R. 61K1-3.031(2)(b), F.A.C.
79 R. 61K1-3.031(2)(a), F.A.C.

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There is a debate as to whether bare knuckle boxing is safer or more dangerous than competitions with
gloves. Data on the topic is limited. Gloves were initially introduced to boxing matches in the 18th
century as a way to protect the participants’ hands, not heads.80 Experts opposed to bare knuckle
matches argue that gloves help in blocks and other defensive moves, and therefore provide head
protection, and that bare knuckle matches generally involve more body shots, which can result in
serious internal injuries.81 However, experts in favor of bare knuckle matches argue that the force
behind a bare knuckle punch is generally less than a gloved punch, which can be safer for head strikes,
and that a bare knuckle match generally involves less total strikes due to hand injuries resulting from no
glove protection, which can lead to less injuries overall.82

In 2011, the Yavapai Nation in Arizona oversaw a bare knuckle boxing match on an Indian reservation,
that is generally believed to be the first sanctioned bare knuckle boxing match in the United States
since 1889.83 In 2018, Wyoming became the first state to allow bare knuckle boxing matches, and held
a championship event.84 Florida has since hosted events where the participants wore gloves that
exposed the knuckles.85 Currently, Wyoming, Mississippi, Florida, Kansas, and several Tribal Nations
allow sanctioned bare knuckle boxing events.86

Effect of the Bill

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

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

Condominium Associations

Background

FCTMH, a division within DBPR, provides education, complaint resolution, mediation and arbitration,
and developer disclosures for condominium associations.87

A condominium is a form of ownership of real property created pursuant to ch. 718, F.S., (the
Condominium Act) comprised of units which may be owned by one or more persons along with an
undivided right of access to common elements.88 A condominium is created by recording a declaration
of condominium in the public records of the county where the condominium is located.89 All unit owners
are members of the condominium association, an entity responsible for the operation and maintenance

80 Bob Moen, Bare-knuckle boxing from a bygone era looks for a comeback, AP News,

https://apnews.com/a0926f603f6b4d83a958cc1d0fa9296e (last visited Mar. 19, 2021); Nick Wong, Why Bare-Knuckle Fighting May Be
Safer Than Boxing, Complex Media, Inc., https://www.complex.com/sports/2015/11/bare-knuckle-boxing (last visited Mar. 19, 2021).
81 Id.
82 Id.
83 Michael Woods, Reviving a bygone, bare-knuckle era, ESPN (Aug. 5, 2011),

https://www.espn.com/boxing/story/_/id/6835788/bringing-back-bygone-bare-knuckle-era-boxing (last visited Mar. 19, 2021).
84 Josh Peter, Bare-knuckle boxing legally held in United States for first time, USA Today (Jun. 3, 2018),

https://www.usatoday.com/story/sports/boxing/2018/06/02/bare-knuckle-boxing-official-return/666535002/ (last visited Mar. 19, 2021).
85 Florida Department of Business and Professional Regulation, Match Results,

http://www.myfloridalicense.com/dbpr/pro/sbc/documents/BKFC6MatchResults.pdf (last visited Mar. 19, 2021); Combat Sports Law,
Let’s Talk Florida and Bare Knuckle Boxing, https://combatsportslaw.com/2019/05/21/lets-talk-florida-and-bare-knuckle-boxing/ (last
visited Mar. 19, 2021); Eric Kowal, BKFC blankets Tampa, Florida with public events ahead of KnuckleMania,
https://www.bareknuckle.tv/post/bkfc-blankets-tampa-florida-with-public-events-ahead-of-knucklemania (last visited Mar. 20, 2021).
86 Combat Sports Law, Documenting Bare Knuckle Boxing Legality, https://combatsportslaw.com/2019/06/23/documenting-bare-

knuckle-boxing-legality/ (last visited Mar. 19, 2021).
87 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,

http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Mar. 19, 2021).
88 S. 718.103(11), F.S.
89 S. 718.104(2), F.S.

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of the common elements owned by the unit owners. The condominium association is overseen by an
elected board of directors, which enacts bylaws which govern the administration of the association.

Annual Budget – Current Situation

Every condominium association must have an annual financial budget that sets forth the proposed
expenditure of funds for the maintenance, management, and operation of the condominium. The annual
budget must include operating expenses for the coming year and reserve accounts for capital
expenditures and deferred maintenance.90

In order to adopt a proposed annual budget, an association must hold a meeting to adopt the proposed
budget. The association must provide notice of the meeting and a copy of the proposed budget to the
members of the association at least 14 days before the meeting.91 The proposed budget must be
detailed, and, at a minimum, include the condominium’s estimated expenses, the estimated expenses
of each unit owner, and a statement that the proposed budget is a good faith estimate and represents
an approximation of the future expenses.92

Annual Budget – Effect of the Bill

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

Board Directors – Current Situation

The condominium association is overseen by an elected board of directors. The board is responsible
for managing the affairs of the association, has a fiduciary relationship with the unit owners, and has
the responsibility to act with the highest degree of good faith and to place the interests of the unit
owners above the personal interests of the directors.93

There are two ways that a person may become a board member:
 A person may be elected to the board by the members of the association,94 or
 A person is appointed to the board by the developer if the developer is still entitled to
representation, or by the board of directors if a vacancy on the board occurs between
meetings.95

A condominium association’s bylaws will establish the eligibility requirements to serve on the
association’s board of directors.96 However, current law also establishes minimum requirements in
order to serve on an association’s board of directors.97 In order to serve as a board director a person
may not:98
 Be a co-owner of a unit with another director unless they own more than one unit or the
condominium association is made up of less than ten units;
 Be delinquent in the payment of any monetary obligation to the condominium association;
 Have been previously suspended or removed from a condominium association’s board of
directors by FCTMH; or
 Have been convicted of a felony, under certain circumstances.99

90 S. 718.112(2)(f), F.S.
91 S. 718.112(2)(e), F.S.
92 Ss. 718.112(2)(f), & 718.504(21), F.S.
93 Ss. 718.103(4), 718.111, 718.112, F.S.
94 S. 718.112(2)(d)4., F.S.
95 Ss. 617.0809, & 718.112(2)(d)9., F.S.
96 S. 718.112(2)(a), F.S.
97 S. 718.112(2)(d), F.S.
98 Ss. 718.112(2)(d), F.S.
99 S. 718.111(1)(d), F.S.

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The term “monetary obligation” is not defined in the Condominium Act, but, according to legal experts, a
monetary obligation is considered to be any type of money owed to the association including fines,
fees, and assessments.100

The Condominium Act also does not define the term “delinquent.” According to DBPR, this can result in
confusion for purposes of determining if a person is eligible to serve as a board director, because many
associations have grace periods before late fees and interest applies to unpaid monetary obligations.
However, it is unclear if these grace periods apply related to board service eligibility.101

Board Directors – Effect of the Bill

The bill provides that a person may not serve on a board if he or she is delinquent in the payment of an
assessment due to the condominium association, instead of any monetary obligation. Current law
defines “assessment” as an owner’s share of funds that are required for the payment of common
expenses.102

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

Condominium Ombudsman – Current Situation

Within FCTMH is housed the Office of the Condominium Ombudsman (Ombudsman). The
Ombudsman is an attorney appointed by the Governor and is a neutral resource for unit owners and
condominium associations. The Ombudsman is authorized to prepare and issue reports and
recommendations to the Governor, FCTMH, and the Legislature on any matter or subject within the
jurisdiction of FCTMH. In addition, the Ombudsman may make recommendations to FCTMH for
changes in rules and procedures for the filing, investigation, and resolution of complaints.103

The Ombudsman also acts as a liaison between FCTMH, unit owners, and condominium associations,
and is responsible for developing policies and procedures to help affected parties understand their
rights and responsibilities.104

The Ombudsman is required to keep his or her principal office in Leon County.105

Condominium Ombudsman – Effect of the Bill

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

Condominium Complaints Received by FCTMH – Current Situation

FCTMH is charged with ensuring that condominium associations comply with the requirements of the
Condominium Act and handling complaints alleging violations of the Condominium Act. FCTMH has
complete jurisdiction to investigate complaints and enforce compliance with the Condominium Act for

100 See Ch. 718, F.S.; David G. Muller, Can delinquent owner run for a board, Naples Daily News, Aug. 17, 2019,

https://www.naplesnews.com/story/money/real-estate/2019/08/17/can-delinquent-owner-run-board/1985170001/ (last visited Mar. 19,
2021); Joe Adams, Term Limits Continue to Cause Confusion, Florida Condo & HOA Law Blog, Dec. 17, 2018,
https://www.floridacondohoalawblog.com/2018/12/17/term-limits-continue-to-cause-confusion/ (last visited Mar. 19, 2021).
101 See Ch. 718, F.S.; Email from Gabe Peters, , Director of Legislative Affairs, Department of Business & Professional Regulation,

Condo Language Clarification (Jan. 10, 2020).
102 S. 718.103(1), F.S.
103 Ss. 718.5011 & 718.5012, F.S.
104 Id.
105 S. 718.5014, F.S.

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associations that are controlled by a developer, a bulk buyer, or a bulk assignee.106 Once a developer
has turned control of the condominium to the association, FCTMH only has jurisdiction to investigate
complaints related to financial issues, elections, and unit owner access to official records.107

Within 30 days of receiving a complaint, FCTMH must acknowledge the complaint in writing, and notify
the complainant whether the complaint is in its jurisdiction and whether additional information is
needed. If the complaint is within FCTMH’s jurisdiction, FCTMH must investigate the complaint and
take action within 90 days of receiving the complaint or receiving additional information requested by
FCTMH.108

Current law creates rules and requirements for filing complaints with DBPR against licensed
professionals regulated by DBPR. Complaints filed against licensed professionals must be in writing,
signed by the complainant, and legally sufficient. A complaint is legally sufficient if it contains ultimate
facts that show a violation of the licensed professional’s practice act.109 However, no such rules or
requirements exists for filing complaints against condominiums with FCTMH.

FCTMH provides a complaint form for condominium complaints, including a checklist of documents to
provide with the complaint, on its website. According to FCTMH, submitting a complaint on the
FCTMH’s complaint form “may expedite the processing of your complaint.”110

According to DBPR, establishing rules and requirements for filing complaints against condominium
associations would allow FCTMH to be more efficient in resolving complaints.111

Condominium Complaints Received by FCTMH – Effect of the Bill

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

The bill provides an effective date of July 1, 2021.

B. SECTION DIRECTORY:

Section 1 Amends s. 210.09, F.S., revising reporting requirements for cigarette sales.
Section 2 Amends s. 210.55, F.S., revising reporting requirements for tobacco products sales.
Section 3 Amends s. 210.60, F.S., revising reporting requirements for tobacco products sales
Section 4 Amends s. 489.109, F.S., removing a contractor fee.
Section 5 Amends s. 489.118, F.S., removing a deadline for a contractor licensing provision.
Section 6 Amends s. 489.509, F.S., removing a contractor fee.
Section 7 Amends s. 499.01, F.S, providing a permit exception for certain small manufacturers.
Section 8 Amends s. 499.012, F.S., providing requirements for a temporary permit.
Section 9 Amends s. 499.066, F.S., giving authority to issue citations.
Section 10 Amends s. 548.003, F.S., renaming the Florida State Boxing Commission as the Florida
Athletic Commission.
Section 11 Amends s. 548.043, F.S., providing glove requirements for pugilistic events.
Section 12 Amends s. 553.841, F.S., conforming a provision.
Section 13 Amends s. 561.01, F.S., deleting the definition for “permit carrier.”

106 A bulk assignee is a person who buys more than seven units in a single condominium and receives assignment of any of the

developer’s rights. A bulk buyer is a person who buys more than seven units in a single condominium but does not receive any of the
developer’s rights. S. 718.703, F.S.
107 Ss. 718.117, & 718.501, F.S.
108 S. 718.501(1)(m), F.S.
109 S. 455.225(1), F.S.
110 Florida Department of Business & Professional Regulation, How to File a Complaint,

http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/complaints/#1572463379489-2bc8adc0-ec6a (last visited
Mar. 19, 2021); Florida Department of Business & Professional Regulation, Instructions for Filing a Condominium/Cooperative
Complaint, http://www.myfloridalicense.com/dbpr/lsc/documents/cccomplaint.pdf (last visited Mar. 19, 2021).
111 Email from Gabe Peters, Director of Legislative Affairs, Department of Business & Professional Regulation, Condo Clarification (Jan.

10, 2020).
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Section 14 Amends s. 561.17, F.S., revising filing requirements for fingerprints for alcohol license
applicants, and requiring alcohol licensees to maintain current electronic mail addresses.
Section 15 Amends s. 561.19, F.S., revising when there is availability of quota licenses.
Section 16 Amends s. 561.20, F.S., revising audit requirements for special restaurant licenses.
Section 17 Amends s. 561.42, F.S., allowing certain notices to be given by electronic mail.
Section 18 Amends s. 561.55, F.S., revising requirements for reports related to alcohol licenses.
Section 19 Amends s. 562.455, F.S., revising qualities of adulterating liquors.
Section 20 Amends s. 718.112, F.S., providing eligibility requirements for members of a
condominium board of directors.
Section 21 Amends s. 718.501, F.S., allowing FCTMH to adopt rules prescribing the form of
condominium complaints.
Section 22 Amends s. 718.5014, F.S., revising primary office location requirements for the office of
the condominium ombudsman.
Section 23 Amends s. 455.219, F.S., conforming a provision
Section 24 Amends s. 548.002, F.S., conforming a provision.
Section 25 Amends s. 548.05, F.S., conforming a provision.
Section 26 Amends s. 548.071, F.S., conforming a provision.
Section 27 Amends s. 548.077, F.S., conforming a provision.
Section 28 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
DBPR expects the following fiscal impact on revenues:112

Division of Alcoholic Beverages and Tobacco: Tax revenue may be maximized by the required
electronic submission of tax reports.

Division of Professions: The bill removes a $4.00 fee that is currently required for CILB
applications and renewals which, based on historical data, may result in a revenue reduction of
$129,622 in FY 2021-22, $232,297 in FY 2022-23, and $129,622 in FY 2023-24.

The $4.00 fee collected in the Professional Regulations Trust fund is subject to the GR service
charge. The removal of the fee would reduce transfers to GR by $10,370 in FY 2021-22, $18,584 in
FY 2022-23, and $10,370 in FY 2023-24. The total loss of revenue over the three fiscal years would
be an estimated $374,541, of which $39,324 would be a reduction in transfers to GR. The net loss
to the Professional Regulations Trust Fund would be an estimated $335,217 over the next three
fiscal years.

2. Expenditures:

None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

112 Department of Business and Professional Regulation, Agency Analysis of 2021 SB 1966, p. 9 (Mar. 12, 2021).

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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may make it easier for licensees to maintain their licenses due to clarified regulatory schemes
and routine auditing. The bill may allow more statewide contractors and cosmetics manufacturers to
practice in the state based on easing licensing requirements.

D. FISCAL COMMENTS:
None.

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:
DBPR will need to create and update rules related to regulations on tobacco; alcohol; condominium
associations; drugs, devices, and cosmetics; and pugilistic events. DBPR has adequate existing
rulemaking authority or new rule making authority in the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

On March 24, 2021, the Regulatory Reform Subcommittee adopted one amendment and reported the bill
favorably as a committee substitute. The committee substitute removes a $4 additional application and renewal
fee for electrical contractors to fund projects and continuing education programs related to areas of need in the
building construction industry.

On April 7, 2021, the State Administration and Technology Appropriations Subcommittee adopted one
amendment and reported the bill favorably as a committee substitute. The committee substitute removes
modifications to public lodging establishment and pubic food service establishment licensing, eliminating the
fiscal impact to the Hotels and Restaurants Trust Fund.

This analysis is drafted to the committee substitute as passed by the State Administration and Technology
Appropriations 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/CS/HB 1517 2021

1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 210.09, F.S.;
4 requiring that certain reports relating to the
5 transportation or possession of cigarettes be filed
6 with the Division of Alcoholic Beverages and Tobacco
7 through the division's electronic data submission
8 system; providing that specified records relating to
9 cigarettes received, sold, or delivered within the
10 state may be kept in an electronic or paper format;
11 amending s. 210.55, F.S.; requiring that certain
12 entities file reports, rather than returns, relating
13 to tobacco products with the division; providing
14 requirements for such reports; amending s. 210.60,
15 F.S.; providing that specified records relating to
16 tobacco products may be kept in an electronic or paper
17 format; amending s. 489.109, F.S.; removing provisions
18 relating to an additional fee for application and
19 renewal, transfer of funds, recommendations by the
20 Construction Industry Licensing Board for use of such
21 funds, distribution of such funds by the department,
22 and required reports of the department, respectively;
23 amending s. 489.118, F.S.; removing an obsolete date;
24 amending s. 489.509, F.S.; removing provisions
25 relating to an additional fee for application and

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26 renewal, transfer of funds, recommendations by the
27 Electrical Contractors' Licensing Board for use of
28 such funds, distribution of such funds by the
29 department, and required reports of the department,
30 respectively; amending s. 499.01, F.S.; exempting
31 certain persons from specified permit requirements
32 under certain circumstances; requiring an exempt
33 cosmetics manufacturer to provide, upon request, to
34 the department specified documentation verifying his
35 or her annual gross sales; authorizing an exempt
36 cosmetics manufacturer to only manufacture and sell
37 specified products; requiring specified labeling for
38 each unit of cosmetics manufactured by an exempt
39 cosmetic manufacturer; authorizing the department to
40 investigate complaints and to enter and inspect the
41 premises of an exempt cosmetics manufacturer;
42 providing disciplinary actions; providing
43 construction; amending s. 499.012, F.S.; authorizing
44 specified establishments to submit a request for a
45 temporary permit; requiring such establishments to
46 submit the request to the department on specified
47 forms; providing that upon authorization by the
48 department for a temporary permit for a certain
49 location, the existing permit for such location is
50 immediately null and void; prohibiting a temporary

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51 permit from being extended; providing for expiration
52 of a temporary permit; prohibiting an establishment
53 from operating under an expired temporary permit;
54 amending s. 499.066, F.S.; authorizing the department
55 to adopt rules to permit the issuance of remedial,
56 nondisciplinary citations; providing requirements for
57 such citations; providing for contest of and the
58 rescinding of a citation; authorizing the department
59 to recover specified costs relating to a citation;
60 providing a timeframe for when a citation may be
61 issued; providing requirements for the service of a
62 citation; authorizing the department to adopt and
63 amend rules, designate violations and monetary
64 assessments, and order remedial measures that must be
65 taken for such violations; amending s. 548.003, F.S.;
66 renaming the Florida State Boxing Commission as the
67 Florida Athletic Commission; amending s. 548.043,
68 F.S.; revising rulemaking requirements for the
69 commission relating to gloves; amending s. 553.841,
70 F.S.; conforming a provision to changes made by the
71 act; amending s. 561.01, F.S.; deleting the definition
72 of the term "permit carrier"; amending s. 561.17,
73 F.S.; revising a requirement related to the filing of
74 fingerprints with the division; requiring that
75 applications be accompanied by certain information

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76 relating to right of occupancy; providing requirements
77 relating to contact information for licensees and
78 permittees; amending s. 561.19, F.S.; revising
79 provisions relating to the availability of beverage
80 licenses to include by reason of the cancellation of a
81 quota beverage license; amending s. 561.20, F.S.;
82 conforming cross-references; revising requirements for
83 issuing special licenses to certain food service
84 establishments; amending s. 561.42, F.S.; requiring
85 the division, and authorizing vendors, to use
86 electronic mail to give certain notice; amending s.
87 561.55, F.S.; revising requirements for reports
88 relating to alcoholic beverages; amending s. 562.455,
89 F.S.; removing grains of paradise as a form of
90 adulteration of liquor used or intended for drink;
91 amending s. 718.112, F.S.; providing the circumstances
92 under which a person is delinquent in the payment of
93 an assessment in the context of eligibility for
94 membership on certain condominium boards; requiring
95 that an annual budget be proposed to unit owners and
96 adopted by the board before a specified time; amending
97 s. 718.501, F.S.; authorizing the Division of Florida
98 Condominiums, Timeshares, and Mobile Homes to adopt
99 rules regarding the submission of complaints against a
100 condominium association; amending s. 718.5014, F.S.;

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101 revising the location requirements for the principal
102 office of the condominium ombudsman; amending ss.
103 455.219, 548.002, 548.05, 548.071, and 548.077, F.S.;
104 conforming provisions to changes made by the act;
105 providing an effective date.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Subsections (2) and (3) of section 210.09,
110 Florida Statutes, are amended to read:
111 210.09 Records to be kept; reports to be made;
112 examination.—
113 (2) The division is authorized to prescribe and promulgate
114 by rules and regulations, which shall have the force and effect
115 of the law, such records to be kept and reports to be made to
116 the division by any manufacturer, importer, distributing agent,
117 wholesale dealer, retail dealer, common carrier, or any other
118 person handling, transporting or possessing cigarettes for sale
119 or distribution within the state as may be necessary to collect
120 and properly distribute the taxes imposed by s. 210.02. All
121 reports shall be made on or before the 10th day of the month
122 following the month for which the report is made, unless the
123 division by rule or regulation shall prescribe that reports be
124 made more often. All reports shall be filed with the division
125 through the division's electronic data submission system.

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126 (3) All manufacturers, importers, distributing agents,
127 wholesale dealers, agents, or retail dealers shall maintain and
128 keep for a period of 3 years at the place of business where any
129 transaction takes place, such records of cigarettes received,
130 sold, or delivered within the state as may be required by the
131 division. Such records may be kept in an electronic or paper
132 format. The division or its duly authorized representative is
133 hereby authorized to examine the books, papers, invoices, and
134 other records, the stock of cigarettes in and upon any premises
135 where the same are placed, stored, and sold, and the equipment
136 of any such manufacturers, importers, distributing agents,
137 wholesale dealers, agents, or retail dealers, pertaining to the
138 sale and delivery of cigarettes taxable under this part. To
139 verify the accuracy of the tax imposed and assessed by this
140 part, each person is hereby directed and required to give to the
141 division or its duly authorized representatives the means,
142 facilities, and opportunity for such examinations as are herein
143 provided for and required.
144 Section 2. Section 210.55, Florida Statutes, is amended to
145 read:
146 210.55 Distributors; monthly reports returns.—
147 (1) On or before the 10th of each month, every taxpayer
148 with a place of business in this state shall file a full and
149 complete report return with the division showing the taxable
150 price of each tobacco product brought or caused to be brought

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151 into this state for sale, or made, manufactured, or fabricated
152 in this state for sale in this state, during the preceding
153 month. Every taxpayer outside this state shall file a full and
154 complete report with the division through the division's
155 electronic data submission system return showing the quantity
156 and taxable price of each tobacco product shipped or transported
157 to retailers in this state, to be sold by those retailers,
158 during the preceding month. Reports must Returns shall be made
159 upon forms furnished and prescribed by the division and must
160 shall contain any other information that the division requires.
161 Each report must return shall be accompanied by a remittance for
162 the full tax liability shown and be filed with the division
163 through the division's electronic data submission system.
164 (2) As soon as practicable after any report return is
165 filed, the division shall examine each report return and correct
166 it, if necessary, according to its best judgment and
167 information. If the division finds that any amount of tax is due
168 from the taxpayer and unpaid, it shall notify the taxpayer of
169 the deficiency, stating that it proposes to assess the amount
170 due together with interest and penalties. If a deficiency
171 disclosed by the division's examination cannot be allocated to
172 one or more particular months, the division shall notify the
173 taxpayer of the deficiency, stating its intention to assess the
174 amount due for a given period without allocating it to any
175 particular months.

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176 (3) If, within 60 days after the mailing of notice of the
177 proposed assessment, the taxpayer files a protest to the
178 proposed assessment and requests a hearing on it, the division
179 shall give notice to the taxpayer of the time and place fixed
180 for the hearing, shall hold a hearing on the protest, and shall
181 issue a final assessment to the taxpayer for the amount found to
182 be due as a result of the hearing. If a protest is not filed
183 within 60 days, the division shall issue a final assessment to
184 the taxpayer. In any action or proceeding in respect to the
185 proposed assessment, the taxpayer shall have the burden of
186 establishing the incorrectness or invalidity of any final
187 assessment made by the division.
188 (4) If any taxpayer required to file any report return
189 fails to do so within the time prescribed, the taxpayer shall,
190 on the written demand of the division, file the report return
191 within 20 days after mailing of the demand and at the same time
192 pay the tax due on its basis. If the taxpayer fails within that
193 time to file the report return, the division shall prepare the
194 report return from its own knowledge and from the information
195 that it obtains and on that basis shall assess a tax, which
196 shall be paid within 10 days after the division has mailed to
197 the taxpayer a written notice of the amount and a demand for its
198 payment. In any action or proceeding in respect to the
199 assessment, the taxpayer shall have the burden of establishing
200 the incorrectness or invalidity of any report return or

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201 assessment made by the division because of the failure of the
202 taxpayer to make a report return.
203 (5) All taxes are due not later than the 10th day of the
204 month following the calendar month in which they were incurred,
205 and thereafter shall bear interest at the annual rate of 12
206 percent. If the amount of tax due for a given period is assessed
207 without allocating it to any particular month, the interest
208 shall begin with the date of the assessment.
209 (6) In issuing its final assessment, the division shall
210 add to the amount of tax found due and unpaid a penalty of 10
211 percent, but if it finds that the taxpayer has made a false
212 report return with intent to evade the tax, the penalty shall be
213 50 percent of the entire tax as shown by the corrected report
214 return. In assessing a tax on the basis of a report return made
215 under subsection (4), the division shall add to the amount of
216 tax found due and unpaid a penalty of 25 percent.
217 (7) For the purpose of compensating the distributor for
218 the keeping of prescribed records and the proper accounting and
219 remitting of taxes imposed under this part, the distributor
220 shall be allowed 1 percent of the amount of the tax due and
221 accounted for and remitted to the division in the form of a
222 deduction in submitting his or her report and paying the amount
223 due; and the division shall allow such deduction of 1 percent of
224 the amount of the tax to the person paying the same for
225 remitting the tax in the manner herein provided, for paying the

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226 amount due to be paid by him or her, and as further compensation
227 to the distributor for the keeping of prescribed records and for
228 collection of taxes and remitting the same.
229 (a) The collection allowance may not be granted, nor may
230 any deduction be permitted, if the tax is delinquent at the time
231 of payment.
232 (b) The division may reduce the collection allowance by 10
233 percent or $50, whichever is less, if a taxpayer files an
234 incomplete report return.
235 1. An "incomplete report return" means is, for purposes of
236 this section part, a report return which is lacking such
237 uniformity, completeness, and arrangement that the physical
238 handling, verification, or review of the report return may not
239 be readily accomplished.
240 2. The division shall adopt rules requiring such
241 information as it may deem necessary to ensure that the tax
242 levied hereunder is properly collected, reviewed, compiled, and
243 enforced, including, but not limited to: the amount of taxable
244 sales; the amount of tax collected or due; the amount claimed as
245 the collection allowance; the amount of penalty and interest;
246 the amount due with the report return; and such other
247 information as the division may specify.
248 Section 3. Section 210.60, Florida Statutes, is amended to
249 read:
250 210.60 Books, records, and invoices to be kept and

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251 preserved; inspection by agents of division.—Every distributor
252 shall keep in each licensed place of business complete and
253 accurate records for that place of business, including itemized
254 invoices of tobacco products held, purchased, manufactured,
255 brought in or caused to be brought in from without the state, or
256 shipped or transported to retailers in this state, and of all
257 sales of tobacco products made, except sales to an ultimate
258 consumer. Such records shall show the names and addresses of
259 purchasers and other pertinent papers and documents relating to
260 the purchase, sale, or disposition of tobacco products. When a
261 licensed distributor sells tobacco products exclusively to
262 ultimate consumers at the addresses given in the license, no
263 invoice of those sales shall be required, but itemized invoices
264 shall be made of all tobacco products transferred to other
265 retail outlets owned or controlled by that licensed distributor.
266 All books, records and other papers, and other documents
267 required by this section to be kept shall be preserved for a
268 period of at least 3 years after the date of the documents, as
269 aforesaid, or the date of the entries thereof appearing in the
270 records, unless the division, in writing, authorizes their
271 destruction or disposal at an earlier date. At any time during
272 usual business hours, duly authorized agents or employees of the
273 division may enter any place of business of a distributor and
274 inspect the premises, the records required to be kept under this
275 part, and the tobacco products contained therein to determine

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276 whether all the provisions of this part are being fully complied
277 with. Refusal to permit such inspection by a duly authorized
278 agent or employee of the division shall be grounds for
279 revocation of the license. Every person who sells tobacco
280 products to persons other than an ultimate consumer shall render
281 with each sale an itemized invoice showing the seller's name and
282 address, the purchaser's name and address, the date of sale, and
283 all prices and discounts. The seller shall preserve legible
284 copies of all such invoices for 3 years from the date of sale.
285 Every retailer shall produce itemized invoices of all tobacco
286 products purchased. The invoices shall show the name and address
287 of the seller and the date of purchase. The retailer shall
288 preserve a legible copy of each such invoice for 3 years from
289 the date of purchase. Invoices shall be available for inspection
290 by authorized agents or employees of the division at the
291 retailer's place of business. Any records required by this
292 section may be kept in an electronic or paper format.
293 Section 4. Subsection (3) of section 489.109, Florida
294 Statutes, is amended to read:
295 489.109 Fees.—
296 (3) In addition to the fees provided in subsection (1) for
297 application and renewal for certification and registration, all
298 certificateholders and registrants must pay a fee of $4 to the
299 department at the time of application or renewal. The funds must
300 be transferred at the end of each licensing period to the

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301 department to fund projects relating to the building
302 construction industry or continuing education programs offered
303 to persons engaged in the building construction industry in
304 Florida, to be selected by the Florida Building Commission. The
305 board shall, at the time the funds are transferred, advise the
306 department on the most needed areas of research or continuing
307 education based on significant changes in the industry's
308 practices or on changes in the state building code or on the
309 most common types of consumer complaints or on problems costing
310 the state or local governmental entities substantial waste. The
311 board's advice is not binding on the department. The department
312 shall ensure the distribution of research reports and the
313 availability of continuing education programs to all segments of
314 the building construction industry to which they relate. The
315 department shall report to the board in October of each year,
316 summarizing the allocation of the funds by institution and
317 summarizing the new projects funded and the status of previously
318 funded projects.
319 Section 5. Section 489.118, Florida Statutes, is amended
320 to read:
321 489.118 Certification of registered contractors;
322 grandfathering provisions.—The board shall, upon receipt of a
323 completed application and appropriate fee, issue a certificate
324 in the appropriate category to any contractor registered under
325 this part who makes application to the board and can show that

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326 he or she meets each of the following requirements:
327 (1) Currently holds a valid registered local license in
328 one of the contractor categories defined in s. 489.105(3)(a)-
329 (p).
330 (2) Has, for that category, passed a written examination
331 that the board finds to be substantially similar to the
332 examination required to be licensed as a certified contractor
333 under this part. For purposes of this subsection, a written,
334 proctored examination such as that produced by the National
335 Assessment Institute, Block and Associates, NAI/Block, Experior
336 Assessments, Professional Testing, Inc., or Assessment Systems,
337 Inc., shall be considered to be substantially similar to the
338 examination required to be licensed as a certified contractor.
339 The board may not impose or make any requirements regarding the
340 nature or content of these cited examinations.
341 (3) Has at least 5 years of experience as a contractor in
342 that contracting category, or as an inspector or building
343 administrator with oversight over that category, at the time of
344 application. For contractors, only time periods in which the
345 contractor license is active and the contractor is not on
346 probation shall count toward the 5 years required by this
347 subsection.
348 (4) Has not had his or her contractor's license revoked at
349 any time, had his or her contractor's license suspended within
350 the last 5 years, or been assessed a fine in excess of $500

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351 within the last 5 years.
352 (5) Is in compliance with the insurance and financial
353 responsibility requirements in s. 489.115(5).
354
355 Applicants wishing to obtain a certificate pursuant to this
356 section must make application by November 1, 2015.
357 Section 6. Subsection (3) of section 489.509, Florida
358 Statutes, is amended to read:
359 489.509 Fees.—
360 (3) Four dollars of each fee under subsection (1) paid to
361 the department at the time of application or renewal shall be
362 transferred at the end of each licensing period to the
363 department to fund projects relating to the building
364 construction industry or continuing education programs offered
365 to persons engaged in the building construction industry in
366 Florida. The board shall, at the time the funds are transferred,
367 advise the department on the most needed areas of research or
368 continuing education based on significant changes in the
369 industry's practices or on the most common types of consumer
370 complaints or on problems costing the state or local
371 governmental entities substantial waste. The board's advice is
372 not binding on the department. The department shall ensure the
373 distribution of research reports and the availability of
374 continuing education programs to all segments of the building
375 construction industry to which they relate. The department shall

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376 report to the board in October of each year, summarizing the
377 allocation of the funds by institution and summarizing the new
378 projects funded and the status of previously funded projects.
379 Section 7. Paragraph (p) of subsection (2) of section
380 499.01, Florida Statutes, is amended to read:
381 499.01 Permits.—
382 (2) The following permits are established:
383 (p) Cosmetic manufacturer permit.—A cosmetic manufacturer
384 permit is required for any person that manufactures or
385 repackages cosmetics in this state. A person that only labels or
386 changes the labeling of a cosmetic but does not open the
387 container sealed by the manufacturer of the product is exempt
388 from obtaining a permit under this paragraph. A person who
389 manufactures cosmetics and has annual gross sales of $25,000 or
390 less is exempt from the permit requirements of this subsection.
391 Upon request, an exempt cosmetics manufacturer must provide to
392 the department written documentation to verify his or her annual
393 gross sales, including all sales of cosmetic products at any
394 location, regardless of the types of products sold or the number
395 of persons involved in the operation.
396 1. An exempt cosmetics manufacturer may only:
397 a. Sell prepackaged cosmetics affixed with a label
398 containing information required by the United States Food and
399 Drug Administration.
400 b. Manufacture and sell cosmetics that are soaps, not

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401 otherwise exempt from the definition of cosmetics, lotions,
402 moisturizers, and creams.
403 c. Sell cosmetics that are not adulterated or misbranded
404 in accordance with 21 U.S.C. ss. 361 and 362.
405 d. Sell cosmetic products that are stored on the premises
406 of the cosmetic manufacturing operation.
407 2. Each unit of cosmetics manufactured under this
408 paragraph must contain in contrasting color and not less than
409 10-point, the following statement: "Made by a manufacturer
410 exempt from Florida's cosmetic manufacturing permit
411 requirements."
412 3. The department may investigate any complaint which
413 alleges that an exempt cosmetics manufacturer has violated an
414 applicable provision of this chapter or rule adopted under this
415 chapter. The department's authorized officer or employee may
416 enter and inspect the premises of an exempt cosmetic
417 manufacturer to determine compliance with this chapter and
418 department rules, as applicable. A refusal to permit entry to
419 the premises or to conduct an inspection is grounds for
420 disciplinary action pursuant to s. 499.005.
421 4. This paragraph does not exempt any person from any
422 state or federal tax law, rule, regulation, or certificate, or
423 from any county or municipal law or ordinance that applies to
424 cosmetic manufacturing.
425 Section 8. Paragraph (d) is added to subsection (6) of

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426 section 499.012, Florida Statutes, to read:
427 499.012 Permit application requirements.—
428 (6) A permit issued by the department is nontransferable.
429 Each permit is valid only for the person or governmental unit to
430 which it is issued and is not subject to sale, assignment, or
431 other transfer, voluntarily or involuntarily; nor is a permit
432 valid for any establishment other than the establishment for
433 which it was originally issued.
434 (d) When an establishment that requires a permit pursuant
435 to this part submits an application to the department for a
436 change of ownership or controlling interest or a change of
437 location with the required fees under this subsection, the
438 establishment may also submit a request for a temporary permit
439 granting the establishment authority to operate for no more than
440 90 calendar days. The establishment must submit the request for
441 a temporary permit to the department on a form provided by the
442 department and obtain authorization to operate with the
443 temporary permit before operating under the change of ownership
444 or operating at the new location. Upon authorization of a
445 temporary permit, the existing permit at the location for which
446 the temporary permit is submitted is immediately null and void.
447 A temporary permit may not be extended and shall expire and
448 become null and void by operation of law without further action
449 by the department at 12:01 a.m. on the 91st day after the
450 department authorizes such permit. Upon expiration of the

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451 temporary permit, the establishment may not continue to operate
452 under such permit.
453
454 The department may revoke the permit of any person that fails to
455 comply with the requirements of this subsection.
456 Section 9. Subsection (8) is added to section 499.066,
457 Florida Statutes, to read:
458 499.066 Penalties; remedies.—In addition to other
459 penalties and other enforcement provisions:
460 (8)(a) The department shall adopt rules to authorize the
461 issuance of a remedial, nondisciplinary citation. A citation
462 shall be issued to the person alleged to have committed a
463 violation and contain the person's name, address, and license
464 number, if applicable; a brief factual statement; the sections
465 of the law allegedly violated; and the monetary assessment and
466 or other remedial measures imposed. The person shall have 30
467 days after the citation is served to contest the citation by
468 providing supplemental and clarifying information to the
469 department. The citation must clearly state that the person may
470 choose, in lieu of accepting the citation, to have the
471 department rescind the citation and conduct an investigation
472 pursuant to s. 499.051 of only those alleged violations
473 contained in the citation. The citation shall be rescinded by
474 the department if the person remedies or corrects the violations
475 or deficiencies contained in the citation within 30 days after

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476 the citation is served. If the person does not successfully
477 contest the citation to the satisfaction of the department, or
478 complete remedial action pursuant to this paragraph, the
479 citation becomes a final order and does not constitute
480 discipline.
481 (b) The department is entitled to recover the costs of
482 investigation, in addition to any penalty provided according to
483 department rule, as part of the penalty levied pursuant to a
484 citation.
485 (c) A citation must be issued within 6 months after the
486 filing of the complaint that is the basis for the citation.
487 (d) Service of a citation may be made by personal service
488 or certified mail, restricted delivery, to the person at the
489 person's last known address of record with the department, or to
490 the person's Florida registered agent.
491 (e) The department may adopt rules to designate those
492 violations for which a person is subject to the issuance of a
493 citation and the monetary assessments and or other remedial
494 measures that must be taken for those violations. Violations
495 designated as subject to issuance of a citation shall include
496 violations for which there is no substantial threat to the
497 public health, safety, or welfare. The department has continuous
498 authority to amend its rules adopted pursuant to this section.
499 Section 10. Section 548.003, Florida Statutes, is amended
500 to read:

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501 548.003 Florida Athletic State Boxing Commission.—
502 (1) The Florida Athletic State Boxing Commission is
503 created and is assigned to the Department of Business and
504 Professional Regulation for administrative and fiscal
505 accountability purposes only. The Florida State Boxing
506 commission shall consist of five members appointed by the
507 Governor, subject to confirmation by the Senate. One member must
508 be a physician licensed under pursuant to chapter 458 or chapter
509 459, who must maintain an unencumbered license in good standing,
510 and who must, at the time of her or his appointment, have
511 practiced medicine for at least 5 years. Upon the expiration of
512 the term of a commissioner, the Governor shall appoint a
513 successor to serve for a 4-year term. A commissioner whose term
514 has expired shall continue to serve on the commission until such
515 time as a replacement is appointed. If a vacancy on the
516 commission occurs before prior to the expiration of the term, it
517 shall be filled for the unexpired portion of the term in the
518 same manner as the original appointment.
519 (2) The Florida State Boxing commission, as created by
520 subsection (1), shall administer the provisions of this chapter.
521 The commission has authority to adopt rules pursuant to ss.
522 120.536(1) and 120.54 to implement the provisions of this
523 chapter and to implement each of the duties and responsibilities
524 conferred upon the commission, including, but not limited to:
525 (a) Development of an ethical code of conduct for

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526 commissioners, commission staff, and commission officials.
527 (b) Facility and safety requirements relating to the ring,
528 floor plan and apron seating, emergency medical equipment and
529 services, and other equipment and services necessary for the
530 conduct of a program of matches.
531 (c) Requirements regarding a participant's apparel,
532 bandages, handwraps, gloves, mouthpiece, and appearance during a
533 match.
534 (d) Requirements relating to a manager's participation,
535 presence, and conduct during a match.
536 (e) Duties and responsibilities of all licensees under
537 this chapter.
538 (f) Procedures for hearings and resolution of disputes.
539 (g) Qualifications for appointment of referees and judges.
540 (h) Qualifications for and appointment of chief inspectors
541 and inspectors and duties and responsibilities of chief
542 inspectors and inspectors with respect to oversight and
543 coordination of activities for each program of matches regulated
544 under this chapter.
545 (i) Setting fee and reimbursement schedules for referees
546 and other officials appointed by the commission or the
547 representative of the commission.
548 (j) Establishment of criteria for approval, disapproval,
549 suspension of approval, and revocation of approval of amateur
550 sanctioning organizations for amateur boxing, kickboxing, and

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551 mixed martial arts held in this state, including, but not
552 limited to, the health and safety standards the organizations
553 use before, during, and after the matches to ensure the health,
554 safety, and well-being of the amateurs participating in the
555 matches, including the qualifications and numbers of health care
556 personnel required to be present, the qualifications required
557 for referees, and other requirements relating to the health,
558 safety, and well-being of the amateurs participating in the
559 matches. The commission may adopt by rule, or incorporate by
560 reference into rule, the health and safety standards of USA
561 Boxing as the minimum health and safety standards for an amateur
562 boxing sanctioning organization, the health and safety standards
563 of the International Sport Kickboxing Association as the minimum
564 health and safety standards for an amateur kickboxing
565 sanctioning organization, and the minimum health and safety
566 standards for an amateur mixed martial arts sanctioning
567 organization. The commission shall review its rules for
568 necessary revision at least every 2 years and may adopt by rule,
569 or incorporate by reference into rule, the then-existing current
570 health and safety standards of USA Boxing and the International
571 Sport Kickboxing Association. The commission may adopt emergency
572 rules to administer this paragraph.
573 (3) The commission shall maintain an office in
574 Tallahassee. At the first meeting of the commission after June 1
575 of each year, the commission shall select a chair and a vice

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576 chair from among its membership. Three members shall constitute
577 a quorum and the concurrence of at least three members is
578 necessary for official commission action.
579 (4) Three consecutive unexcused absences or absences
580 constituting 50 percent or more of the commission's meetings
581 within any 12-month period shall cause the commission membership
582 of the member in question to become void, and the position shall
583 be considered vacant. The commission shall, by rule, define
584 unexcused absences.
585 (5) Each commission member shall be accountable to the
586 Governor for the proper performance of duties as a member of the
587 commission. The Governor shall cause to be investigated any
588 complaint or unfavorable report received by the Governor or the
589 department concerning an action of the commission or any member
590 and shall take appropriate action thereon. The Governor may
591 remove from office any member for malfeasance, unethical
592 conduct, misfeasance, neglect of duty, incompetence, permanent
593 inability to perform official duties, or pleading guilty or nolo
594 contendere to or being found guilty of a felony.
595 (6) Each member of the commission shall be compensated at
596 the rate of $50 for each day she or he attends a commission
597 meeting and shall be reimbursed for other expenses as provided
598 in s. 112.061.
599 (7) The commission shall be authorized to join and
600 participate in the activities of the Association of Boxing

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601 Commissions (ABC).
602 (8) The department shall provide all legal and
603 investigative services necessary to implement this chapter. The
604 department may adopt rules as provided in ss. 120.536(1) and
605 120.54 to carry out its duties under this chapter.
606 Section 11. Subsection (3) of section 548.043, Florida
607 Statutes, is amended to read:
608 548.043 Weights and classes, limitations; gloves.—
609 (3) The commission shall establish by rule the need for
610 gloves, if any, and the weight of any such gloves to be used in
611 each pugilistic match the appropriate weight of gloves to be
612 used in each boxing match; however, all participants in boxing
613 matches shall wear gloves weighing not less than 8 ounces each
614 and participants in mixed martial arts matches shall wear gloves
615 weighing 4 to 8 ounces each. Participants shall wear such
616 protective devices as the commission deems necessary.
617 Section 12. Subsection (5) of section 553.841, Florida
618 Statutes, is amended to read:
619 553.841 Building code compliance and mitigation program.—
620 (5) Each biennium, upon receipt of funds by the Department
621 of Business and Professional Regulation from the Construction
622 Industry Licensing Board and the Electrical Contractors'
623 Licensing Board provided under ss. 489.109(3) and 489.509(3),
624 the department shall determine the amount of funds available for
625 the Florida Building Code Compliance and Mitigation Program.

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626 Section 13. Subsection (20) of section 561.01, Florida
627 Statutes, is amended to read:
628 561.01 Definitions.—As used in the Beverage Law:
629 (20) "Permit carrier" means a licensee authorized to make
630 deliveries as provided in s. 561.57.
631 Section 14. Subsections (1) and (2) of section 561.17,
632 Florida Statutes, are amended, and subsection (5) is added to
633 that section, to read:
634 561.17 License and registration applications; approved
635 person.—
636 (1) Any person, before engaging in the business of
637 manufacturing, bottling, distributing, selling, or in any way
638 dealing in alcoholic beverages, shall file, with the district
639 licensing personnel of the district of the division in which the
640 place of business for which a license is sought is located, a
641 sworn application in the format prescribed by the division. The
642 applicant must be a legal or business entity, person, or persons
643 and must include all persons, officers, shareholders, and
644 directors of such legal or business entity that have a direct or
645 indirect interest in the business seeking to be licensed under
646 this part. However, the applicant does not include any person
647 that derives revenue from the license solely through a
648 contractual relationship with the licensee, the substance of
649 which contractual relationship is not related to the control of
650 the sale of alcoholic beverages. Before any application is

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651 approved, the division may require the applicant to file a set
652 of fingerprints electronically through an approved electronic
653 fingerprinting vendor or on regular United States Department of
654 Justice forms prescribed by the Florida Department of Law
655 Enforcement for herself or himself and for any person or persons
656 interested directly or indirectly with the applicant in the
657 business for which the license is being sought, when required by
658 the division. If the applicant or any person who is interested
659 with the applicant either directly or indirectly in the business
660 or who has a security interest in the license being sought or
661 has a right to a percentage payment from the proceeds of the
662 business, either by lease or otherwise, is not qualified, the
663 division shall deny the application. However, any company
664 regularly traded on a national securities exchange and not over
665 the counter; any insurer, as defined in the Florida Insurance
666 Code; or any bank or savings and loan association chartered by
667 this state, another state, or the United States which has an
668 interest, directly or indirectly, in an alcoholic beverage
669 license is not required to obtain the division's approval of its
670 officers, directors, or stockholders or any change of such
671 positions or interests. A shopping center with five or more
672 stores, one or more of which has an alcoholic beverage license
673 and is required under a lease common to all shopping center
674 tenants to pay no more than 10 percent of the gross proceeds of
675 the business holding the license to the shopping center, is not

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676 considered as having an interest, directly or indirectly, in the
677 license. A performing arts center, as defined in s. 561.01,
678 which has an interest, directly or indirectly, in an alcoholic
679 beverage license is not required to obtain division approval of
680 its volunteer officers or directors or of any change in such
681 positions or interests.
682 (2) All applications for any alcoholic beverage license
683 must be accompanied by proof of the applicant's right of
684 occupancy for the entire premises sought to be licensed. All
685 applications for alcoholic beverage licenses for consumption on
686 the premises shall be accompanied by a certificate of the
687 Division of Hotels and Restaurants of the Department of Business
688 and Professional Regulation, the Department of Agriculture and
689 Consumer Services, the Department of Health, the Agency for
690 Health Care Administration, or the county health department that
691 the place of business wherein the business is to be conducted
692 meets all of the sanitary requirements of the state.
693 (5) Any person or entity licensed or permitted by the
694 division must provide an electronic mail address to the division
695 to function as the primary contact for all communication by the
696 division to the licensee or permittees. Licensees and permittees
697 are responsible for maintaining accurate contact information on
698 file with the division.
699 Section 15. Paragraph (a) of subsection (2) of section
700 561.19, Florida Statutes, is amended to read:

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701 561.19 License issuance upon approval of division.—
702 (2)(a) When beverage licenses become available by reason
703 of an increase in the population of a county, by reason of a
704 county permitting the sale of intoxicating beverages when such
705 sale had been prohibited, or by reason of the cancellation or
706 revocation of a quota beverage license, the division, if there
707 are more applicants than the number of available licenses, shall
708 provide a method of double random selection by public drawing to
709 determine which applicants shall be considered for issuance of
710 licenses. The double random selection drawing method shall allow
711 each applicant whose application is complete and does not
712 disclose on its face any matter rendering the applicant
713 ineligible an equal opportunity of obtaining an available
714 license. After all applications are filed with the director, the
715 director shall then determine by random selection drawing the
716 order in which each applicant's name shall be matched with a
717 number selected by random drawing, and that number shall
718 determine the order in which the applicant will be considered
719 for a license. This paragraph does not prohibit a person holding
720 a perfected lien or security interest in a quota alcoholic
721 beverage license, in accordance with s. 561.65, from enforcing
722 the lien or security interest against the license within 180
723 days after a final order of revocation or suspension. A revoked
724 quota alcoholic beverage license encumbered by a lien or
725 security interest, perfected pursuant to s. 561.65, may not be

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726 issued under this subsection until the 180-day period has
727 elapsed or until such enforcement proceeding is final.
728 Section 16. Paragraph (a) of subsection (2) of section
729 561.20, Florida Statutes, is amended to read:
730 561.20 Limitation upon number of licenses issued.—
731 (2)(a) The limitation of the number of licenses as
732 provided in this section does not prohibit the issuance of a
733 special license to:
734 1. Any bona fide hotel, motel, or motor court of not fewer
735 than 80 guest rooms in any county having a population of less
736 than 50,000 residents, and of not fewer than 100 guest rooms in
737 any county having a population of 50,000 residents or greater;
738 or any bona fide hotel or motel located in a historic structure,
739 as defined in s. 561.01(20) s. 561.01(21), with fewer than 100
740 guest rooms which derives at least 51 percent of its gross
741 revenue from the rental of hotel or motel rooms, which is
742 licensed as a public lodging establishment by the Division of
743 Hotels and Restaurants; provided, however, that a bona fide
744 hotel or motel with no fewer than 10 and no more than 25 guest
745 rooms which is a historic structure, as defined in s. 561.01(20)
746 s. 561.01(21), in a municipality that on the effective date of
747 this act has a population, according to the University of
748 Florida's Bureau of Economic and Business Research Estimates of
749 Population for 1998, of no fewer than 25,000 and no more than
750 35,000 residents and that is within a constitutionally chartered

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751 county may be issued a special license. This special license
752 shall allow the sale and consumption of alcoholic beverages only
753 on the licensed premises of the hotel or motel. In addition, the
754 hotel or motel must derive at least 60 percent of its gross
755 revenue from the rental of hotel or motel rooms and the sale of
756 food and nonalcoholic beverages; provided that this subparagraph
757 shall supersede local laws requiring a greater number of hotel
758 rooms;
759 2. Any condominium accommodation of which no fewer than
760 100 condominium units are wholly rentable to transients and
761 which is licensed under chapter 509, except that the license
762 shall be issued only to the person or corporation that operates
763 the hotel or motel operation and not to the association of
764 condominium owners;
765 3. Any condominium accommodation of which no fewer than 50
766 condominium units are wholly rentable to transients, which is
767 licensed under chapter 509, and which is located in any county
768 having home rule under s. 10 or s. 11, Art. VIII of the State
769 Constitution of 1885, as amended, and incorporated by reference
770 in s. 6(e), Art. VIII of the State Constitution, except that the
771 license shall be issued only to the person or corporation that
772 operates the hotel or motel operation and not to the association
773 of condominium owners;
774 4. A food service establishment that has 2,500 square feet
775 of service area, is equipped to serve meals to 150 persons at

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776 one time, and derives at least 51 percent of its gross food and
777 beverage revenue from the sale of food and nonalcoholic
778 beverages during the first 120-day 60-day operating period and
779 the first each 12-month operating period thereafter. Subsequent
780 audit timeframes must be based upon the audit percentage
781 established by the most recent audit and conducted on a
782 staggered scale as follows: level 1, 51 percent to 60 percent,
783 every year; level 2, 61 percent to 75 percent, every 2 years;
784 level 3, 76 percent to 90 percent, every 3 years; and level 4,
785 91 percent to 100 percent, every 4 years. A food service
786 establishment granted a special license on or after January 1,
787 1958, pursuant to general or special law may not operate as a
788 package store and may not sell intoxicating beverages under such
789 license after the hours of serving or consumption of food have
790 elapsed. Failure by a licensee to meet the required percentage
791 of food and nonalcoholic beverage gross revenues during the
792 covered operating period shall result in revocation of the
793 license or denial of the pending license application. A licensee
794 whose license is revoked or an applicant whose pending
795 application is denied, or any person required to qualify on the
796 special license application, is ineligible to have any interest
797 in a subsequent application for such a license for a period of
798 120 days after the date of the final denial or revocation;
799 5. Any caterer, deriving at least 51 percent of its gross
800 food and beverage revenue from the sale of food and nonalcoholic

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801 beverages at each catered event, licensed by the Division of
802 Hotels and Restaurants under chapter 509. This subparagraph does
803 not apply to a culinary education program, as defined in s.
804 381.0072(2), which is licensed as a public food service
805 establishment by the Division of Hotels and Restaurants and
806 provides catering services. Notwithstanding any law to the
807 contrary, a licensee under this subparagraph shall sell or serve
808 alcoholic beverages only for consumption on the premises of a
809 catered event at which the licensee is also providing prepared
810 food, and shall prominently display its license at any catered
811 event at which the caterer is selling or serving alcoholic
812 beverages. A licensee under this subparagraph shall purchase all
813 alcoholic beverages it sells or serves at a catered event from a
814 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
815 under s. 565.02(1) subject to the limitation imposed in
816 subsection (1), as appropriate. A licensee under this
817 subparagraph may not store any alcoholic beverages to be sold or
818 served at a catered event. Any alcoholic beverages purchased by
819 a licensee under this subparagraph for a catered event that are
820 not used at that event must remain with the customer; provided
821 that if the vendor accepts unopened alcoholic beverages, the
822 licensee may return such alcoholic beverages to the vendor for a
823 credit or reimbursement. Regardless of the county or counties in
824 which the licensee operates, a licensee under this subparagraph
825 shall pay the annual state license tax set forth in s.

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826 565.02(1)(b). A licensee under this subparagraph must maintain
827 for a period of 3 years all records and receipts for each
828 catered event, including all contracts, customers' names, event
829 locations, event dates, food purchases and sales, alcoholic
830 beverage purchases and sales, nonalcoholic beverage purchases
831 and sales, and any other records required by the department by
832 rule to demonstrate compliance with the requirements of this
833 subparagraph. Notwithstanding any law to the contrary, any
834 vendor licensed under s. 565.02(1) subject to the limitation
835 imposed in subsection (1), may, without any additional licensure
836 under this subparagraph, serve or sell alcoholic beverages for
837 consumption on the premises of a catered event at which prepared
838 food is provided by a caterer licensed under chapter 509. If a
839 licensee under this subparagraph also possesses any other
840 license under the Beverage Law, the license issued under this
841 subparagraph may shall not authorize the holder to conduct
842 activities on the premises to which the other license or
843 licenses apply that would otherwise be prohibited by the terms
844 of that license or the Beverage Law. Nothing in this section
845 shall permit the licensee to conduct activities that are
846 otherwise prohibited by the Beverage Law or local law. The
847 Division of Alcoholic Beverages and Tobacco is hereby authorized
848 to adopt rules to administer the license created in this
849 subparagraph, to include rules governing licensure,
850 recordkeeping, and enforcement. The first $300,000 in fees

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851 collected by the division each fiscal year pursuant to this
852 subparagraph shall be deposited in the Department of Children
853 and Families' Operations and Maintenance Trust Fund to be used
854 only for alcohol and drug abuse education, treatment, and
855 prevention programs. The remainder of the fees collected shall
856 be deposited into the Hotel and Restaurant Trust Fund created
857 pursuant to s. 509.072; or
858 6. A culinary education program as defined in s.
859 381.0072(2) which is licensed as a public food service
860 establishment by the Division of Hotels and Restaurants.
861 a. This special license shall allow the sale and
862 consumption of alcoholic beverages on the licensed premises of
863 the culinary education program. The culinary education program
864 shall specify designated areas in the facility where the
865 alcoholic beverages may be consumed at the time of application.
866 Alcoholic beverages sold for consumption on the premises may be
867 consumed only in areas designated pursuant to s. 561.01(11) and
868 may not be removed from the designated area. Such license shall
869 be applicable only in and for designated areas used by the
870 culinary education program.
871 b. If the culinary education program provides catering
872 services, this special license shall also allow the sale and
873 consumption of alcoholic beverages on the premises of a catered
874 event at which the licensee is also providing prepared food. A
875 culinary education program that provides catering services is

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876 not required to derive at least 51 percent of its gross revenue
877 from the sale of food and nonalcoholic beverages.
878 Notwithstanding any law to the contrary, a licensee that
879 provides catering services under this sub-subparagraph shall
880 prominently display its beverage license at any catered event at
881 which the caterer is selling or serving alcoholic beverages.
882 Regardless of the county or counties in which the licensee
883 operates, a licensee under this sub-subparagraph shall pay the
884 annual state license tax set forth in s. 565.02(1)(b). A
885 licensee under this sub-subparagraph must maintain for a period
886 of 3 years all records required by the department by rule to
887 demonstrate compliance with the requirements of this sub-
888 subparagraph.
889 c. If a licensee under this subparagraph also possesses
890 any other license under the Beverage Law, the license issued
891 under this subparagraph does not authorize the holder to conduct
892 activities on the premises to which the other license or
893 licenses apply that would otherwise be prohibited by the terms
894 of that license or the Beverage Law. Nothing in this
895 subparagraph shall permit the licensee to conduct activities
896 that are otherwise prohibited by the Beverage Law or local law.
897 Any culinary education program that holds a license to sell
898 alcoholic beverages shall comply with the age requirements set
899 forth in ss. 562.11(4), 562.111(2), and 562.13.
900 d. The Division of Alcoholic Beverages and Tobacco may

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901 adopt rules to administer the license created in this
902 subparagraph, to include rules governing licensure,
903 recordkeeping, and enforcement.
904 e. A license issued pursuant to this subparagraph does not
905 permit the licensee to sell alcoholic beverages by the package
906 for off-premises consumption.
907
908 However, any license heretofore issued to any such hotel, motel,
909 motor court, or restaurant or hereafter issued to any such
910 hotel, motel, or motor court, including a condominium
911 accommodation, under the general law shall not be moved to a new
912 location, such license being valid only on the premises of such
913 hotel, motel, motor court, or restaurant. Licenses issued to
914 hotels, motels, motor courts, or restaurants under the general
915 law and held by such hotels, motels, motor courts, or
916 restaurants on May 24, 1947, shall be counted in the quota
917 limitation contained in subsection (1). Any license issued for
918 any hotel, motel, or motor court under this law shall be issued
919 only to the owner of the hotel, motel, or motor court or, in the
920 event the hotel, motel, or motor court is leased, to the lessee
921 of the hotel, motel, or motor court; and the license shall
922 remain in the name of the owner or lessee so long as the license
923 is in existence. Any special license now in existence heretofore
924 issued under this law cannot be renewed except in the name of
925 the owner of the hotel, motel, motor court, or restaurant or, in

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926 the event the hotel, motel, motor court, or restaurant is
927 leased, in the name of the lessee of the hotel, motel, motor
928 court, or restaurant in which the license is located and must
929 remain in the name of the owner or lessee so long as the license
930 is in existence. Any license issued under this section shall be
931 marked "Special," and nothing herein provided shall limit,
932 restrict, or prevent the issuance of a special license for any
933 restaurant or motel which shall hereafter meet the requirements
934 of the law existing immediately prior to the effective date of
935 this act, if construction of such restaurant has commenced prior
936 to the effective date of this act and is completed within 30
937 days thereafter, or if an application is on file for such
938 special license at the time this act takes effect; and any such
939 licenses issued under this proviso may be annually renewed as
940 now provided by law. Nothing herein prevents an application for
941 transfer of a license to a bona fide purchaser of any hotel,
942 motel, motor court, or restaurant by the purchaser of such
943 facility or the transfer of such license pursuant to law.
944 Section 17. Subsection (4) of section 561.42, Florida
945 Statutes, is amended to read:
946 561.42 Tied house evil; financial aid and assistance to
947 vendor by manufacturer, distributor, importer, primary American
948 source of supply, brand owner or registrant, or any broker,
949 sales agent, or sales person thereof, prohibited; procedure for
950 enforcement; exception.—

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951 (4) Before the division shall so declare and prohibit such
952 sales to such vendor, it shall, within 2 days after receipt of
953 such notice, the division shall give written notice to such
954 vendor by electronic mail of the receipt by the division of such
955 notification of delinquency and such vendor shall be directed to
956 forthwith make payment thereof or, upon failure to do so, to
957 show cause before the division why further sales to such vendor
958 may shall not be prohibited. Good and sufficient cause to
959 prevent such action by the division may be made by showing
960 payment, failure of consideration, or any other defense which
961 would be considered sufficient in a common-law action. The
962 vendor shall have 5 days after service receipt of such notice
963 via electronic mail within which to show such cause, and he or
964 she may demand a hearing thereon, provided he or she does so in
965 writing within said 5 days, such written demand to be delivered
966 to the division either in person, by electronic mail, or by due
967 course of mail within such 5 days. If no such demand for hearing
968 is made, the division shall thereupon declare in writing to such
969 vendor and to all manufacturers and distributors within the
970 state that all further sales to such vendor are prohibited until
971 such time as the division certifies in writing that such vendor
972 has fully paid for all liquors previously purchased. In the
973 event such prohibition of sales and declaration thereof to the
974 vendor, manufacturers, and distributors is ordered by the
975 division, the vendor may seek review of such decision by the

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976 Department of Business and Professional Regulation within 5
977 days. In the event application for such review is filed within
978 such time, such prohibition of sales may shall not be made,
979 published, or declared until final disposition of such review by
980 the department.
981 Section 18. Subsection (2) of section 561.55, Florida
982 Statutes, is amended to read:
983 561.55 Manufacturers', distributors', brokers', sales
984 agents', importers', vendors', and exporters' records and
985 reports.—
986 (2) Each manufacturer, distributor, broker, sales agent,
987 and importer shall make a full and complete report by the 10th
988 day of each month for the previous calendar month. The report
989 must be shall be made out in triplicate; two copies shall be
990 sent to the division, and the third copy shall be retained for
991 the manufacturer's, distributor's, broker's, sales agent's, or
992 importer's record. Reports shall be made on forms prepared and
993 furnished by the division and filed with the division through
994 the division's electronic data submission system.
995 Section 19. Section 562.455, Florida Statutes, is amended
996 to read:
997 562.455 Adulterating liquor; penalty.—Whoever adulterates,
998 for the purpose of sale, any liquor, used or intended for drink,
999 with cocculus indicus, vitriol, grains of paradise, opium, alum,
1000 capsicum, copperas, laurel water, logwood, brazil wood,

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1001 cochineal, sugar of lead, or any other substance which is
1002 poisonous or injurious to health, and whoever knowingly sells
1003 any liquor so adulterated, commits shall be guilty of a felony
1004 of the third degree, punishable as provided in s. 775.082, s.
1005 775.083, or s. 775.084.
1006 Section 20. Paragraphs (d) and (f) of subsection (2) of
1007 section 718.112, Florida Statutes, are amended to read:
1008 718.112 Bylaws.—
1009 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
1010 following and, if they do not do so, shall be deemed to include
1011 the following:
1012 (d) Unit owner meetings.—
1013 1. An annual meeting of the unit owners must be held at
1014 the location provided in the association bylaws and, if the
1015 bylaws are silent as to the location, the meeting must be held
1016 within 45 miles of the condominium property. However, such
1017 distance requirement does not apply to an association governing
1018 a timeshare condominium.
1019 2. Unless the bylaws provide otherwise, a vacancy on the
1020 board caused by the expiration of a director's term must be
1021 filled by electing a new board member, and the election must be
1022 by secret ballot. An election is not required if the number of
1023 vacancies equals or exceeds the number of candidates. For
1024 purposes of this paragraph, the term "candidate" means an
1025 eligible person who has timely submitted the written notice, as

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1026 described in sub-subparagraph 4.a., of his or her intention to
1027 become a candidate. Except in a timeshare or nonresidential
1028 condominium, or if the staggered term of a board member does not
1029 expire until a later annual meeting, or if all members' terms
1030 would otherwise expire but there are no candidates, the terms of
1031 all board members expire at the annual meeting, and such members
1032 may stand for reelection unless prohibited by the bylaws. Board
1033 members may serve terms longer than 1 year if permitted by the
1034 bylaws or articles of incorporation. A board member may not
1035 serve more than 8 consecutive years unless approved by an
1036 affirmative vote of unit owners representing two-thirds of all
1037 votes cast in the election or unless there are not enough
1038 eligible candidates to fill the vacancies on the board at the
1039 time of the vacancy. If the number of board members whose terms
1040 expire at the annual meeting equals or exceeds the number of
1041 candidates, the candidates become members of the board effective
1042 upon the adjournment of the annual meeting. Unless the bylaws
1043 provide otherwise, any remaining vacancies shall be filled by
1044 the affirmative vote of the majority of the directors making up
1045 the newly constituted board even if the directors constitute
1046 less than a quorum or there is only one director. In a
1047 residential condominium association of more than 10 units or in
1048 a residential condominium association that does not include
1049 timeshare units or timeshare interests, co-owners of a unit may
1050 not serve as members of the board of directors at the same time

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1051 unless they own more than one unit or unless there are not
1052 enough eligible candidates to fill the vacancies on the board at
1053 the time of the vacancy. A unit owner in a residential
1054 condominium desiring to be a candidate for board membership must
1055 comply with sub-subparagraph 4.a. and must be eligible to be a
1056 candidate to serve on the board of directors at the time of the
1057 deadline for submitting a notice of intent to run in order to
1058 have his or her name listed as a proper candidate on the ballot
1059 or to serve on the board. A person who has been suspended or
1060 removed by the division under this chapter, or who is delinquent
1061 in the payment of any assessment monetary obligation due to the
1062 association, is not eligible to be a candidate for board
1063 membership and may not be listed on the ballot. For purposes of
1064 this paragraph, a person is delinquent if a payment is not made
1065 by the due date as specifically identified in the declaration of
1066 condominium, bylaws, or articles of incorporation. If a due date
1067 is not specifically identified in the declaration of
1068 condominium, bylaws, or articles of incorporation, the due date
1069 is the first day of the assessment period. A person who has been
1070 convicted of any felony in this state or in a United States
1071 District or Territorial Court, or who has been convicted of any
1072 offense in another jurisdiction which would be considered a
1073 felony if committed in this state, is not eligible for board
1074 membership unless such felon's civil rights have been restored
1075 for at least 5 years as of the date such person seeks election

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1076 to the board. The validity of an action by the board is not
1077 affected if it is later determined that a board member is
1078 ineligible for board membership due to having been convicted of
1079 a felony. This subparagraph does not limit the term of a member
1080 of the board of a nonresidential or timeshare condominium.
1081 3. The bylaws must provide the method of calling meetings
1082 of unit owners, including annual meetings. Written notice must
1083 include an agenda, must be mailed, hand delivered, or
1084 electronically transmitted to each unit owner at least 14 days
1085 before the annual meeting, and must be posted in a conspicuous
1086 place on the condominium property at least 14 continuous days
1087 before the annual meeting. Upon notice to the unit owners, the
1088 board shall, by duly adopted rule, designate a specific location
1089 on the condominium property where all notices of unit owner
1090 meetings must be posted. This requirement does not apply if
1091 there is no condominium property for posting notices. In lieu
1092 of, or in addition to, the physical posting of meeting notices,
1093 the association may, by reasonable rule, adopt a procedure for
1094 conspicuously posting and repeatedly broadcasting the notice and
1095 the agenda on a closed-circuit cable television system serving
1096 the condominium association. However, if broadcast notice is
1097 used in lieu of a notice posted physically on the condominium
1098 property, the notice and agenda must be broadcast at least four
1099 times every broadcast hour of each day that a posted notice is
1100 otherwise required under this section. If broadcast notice is

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1101 provided, the notice and agenda must be broadcast in a manner
1102 and for a sufficient continuous length of time so as to allow an
1103 average reader to observe the notice and read and comprehend the
1104 entire content of the notice and the agenda. In addition to any
1105 of the authorized means of providing notice of a meeting of the
1106 board, the association may, by rule, adopt a procedure for
1107 conspicuously posting the meeting notice and the agenda on a
1108 website serving the condominium association for at least the
1109 minimum period of time for which a notice of a meeting is also
1110 required to be physically posted on the condominium property.
1111 Any rule adopted shall, in addition to other matters, include a
1112 requirement that the association send an electronic notice in
1113 the same manner as a notice for a meeting of the members, which
1114 must include a hyperlink to the website where the notice is
1115 posted, to unit owners whose e-mail addresses are included in
1116 the association's official records. Unless a unit owner waives
1117 in writing the right to receive notice of the annual meeting,
1118 such notice must be hand delivered, mailed, or electronically
1119 transmitted to each unit owner. Notice for meetings and notice
1120 for all other purposes must be mailed to each unit owner at the
1121 address last furnished to the association by the unit owner, or
1122 hand delivered to each unit owner. However, if a unit is owned
1123 by more than one person, the association must provide notice to
1124 the address that the developer identifies for that purpose and
1125 thereafter as one or more of the owners of the unit advise the

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1126 association in writing, or if no address is given or the owners
1127 of the unit do not agree, to the address provided on the deed of
1128 record. An officer of the association, or the manager or other
1129 person providing notice of the association meeting, must provide
1130 an affidavit or United States Postal Service certificate of
1131 mailing, to be included in the official records of the
1132 association affirming that the notice was mailed or hand
1133 delivered in accordance with this provision.
1134 4. The members of the board of a residential condominium
1135 shall be elected by written ballot or voting machine. Proxies
1136 may not be used in electing the board in general elections or
1137 elections to fill vacancies caused by recall, resignation, or
1138 otherwise, unless otherwise provided in this chapter. This
1139 subparagraph does not apply to an association governing a
1140 timeshare condominium.
1141 a. At least 60 days before a scheduled election, the
1142 association shall mail, deliver, or electronically transmit, by
1143 separate association mailing or included in another association
1144 mailing, delivery, or transmission, including regularly
1145 published newsletters, to each unit owner entitled to a vote, a
1146 first notice of the date of the election. A unit owner or other
1147 eligible person desiring to be a candidate for the board must
1148 give written notice of his or her intent to be a candidate to
1149 the association at least 40 days before a scheduled election.
1150 Together with the written notice and agenda as set forth in

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1151 subparagraph 3., the association shall mail, deliver, or
1152 electronically transmit a second notice of the election to all
1153 unit owners entitled to vote, together with a ballot that lists
1154 all candidates. Upon request of a candidate, an information
1155 sheet, no larger than 8 1/2 inches by 11 inches, which must be
1156 furnished by the candidate at least 35 days before the election,
1157 must be included with the mailing, delivery, or transmission of
1158 the ballot, with the costs of mailing, delivery, or electronic
1159 transmission and copying to be borne by the association. The
1160 association is not liable for the contents of the information
1161 sheets prepared by the candidates. In order to reduce costs, the
1162 association may print or duplicate the information sheets on
1163 both sides of the paper. The division shall by rule establish
1164 voting procedures consistent with this sub-subparagraph,
1165 including rules establishing procedures for giving notice by
1166 electronic transmission and rules providing for the secrecy of
1167 ballots. Elections shall be decided by a plurality of ballots
1168 cast. There is no quorum requirement; however, at least 20
1169 percent of the eligible voters must cast a ballot in order to
1170 have a valid election. A unit owner may not authorize any other
1171 person to vote his or her ballot, and any ballots improperly
1172 cast are invalid. A unit owner who violates this provision may
1173 be fined by the association in accordance with s. 718.303. A
1174 unit owner who needs assistance in casting the ballot for the
1175 reasons stated in s. 101.051 may obtain such assistance. The

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1176 regular election must occur on the date of the annual meeting.
1177 Notwithstanding this sub-subparagraph, an election is not
1178 required unless more candidates file notices of intent to run or
1179 are nominated than board vacancies exist.
1180 b. Within 90 days after being elected or appointed to the
1181 board of an association of a residential condominium, each newly
1182 elected or appointed director shall certify in writing to the
1183 secretary of the association that he or she has read the
1184 association's declaration of condominium, articles of
1185 incorporation, bylaws, and current written policies; that he or
1186 she will work to uphold such documents and policies to the best
1187 of his or her ability; and that he or she will faithfully
1188 discharge his or her fiduciary responsibility to the
1189 association's members. In lieu of this written certification,
1190 within 90 days after being elected or appointed to the board,
1191 the newly elected or appointed director may submit a certificate
1192 of having satisfactorily completed the educational curriculum
1193 administered by a division-approved condominium education
1194 provider within 1 year before or 90 days after the date of
1195 election or appointment. The written certification or
1196 educational certificate is valid and does not have to be
1197 resubmitted as long as the director serves on the board without
1198 interruption. A director of an association of a residential
1199 condominium who fails to timely file the written certification
1200 or educational certificate is suspended from service on the

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1201 board until he or she complies with this sub-subparagraph. The
1202 board may temporarily fill the vacancy during the period of
1203 suspension. The secretary shall cause the association to retain
1204 a director's written certification or educational certificate
1205 for inspection by the members for 5 years after a director's
1206 election or the duration of the director's uninterrupted tenure,
1207 whichever is longer. Failure to have such written certification
1208 or educational certificate on file does not affect the validity
1209 of any board action.
1210 c. Any challenge to the election process must be commenced
1211 within 60 days after the election results are announced.
1212 5. Any approval by unit owners called for by this chapter
1213 or the applicable declaration or bylaws, including, but not
1214 limited to, the approval requirement in s. 718.111(8), must be
1215 made at a duly noticed meeting of unit owners and is subject to
1216 all requirements of this chapter or the applicable condominium
1217 documents relating to unit owner decisionmaking, except that
1218 unit owners may take action by written agreement, without
1219 meetings, on matters for which action by written agreement
1220 without meetings is expressly allowed by the applicable bylaws
1221 or declaration or any law that provides for such action.
1222 6. Unit owners may waive notice of specific meetings if
1223 allowed by the applicable bylaws or declaration or any law.
1224 Notice of meetings of the board of administration, unit owner
1225 meetings, except unit owner meetings called to recall board

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1226 members under paragraph (j), and committee meetings may be given
1227 by electronic transmission to unit owners who consent to receive
1228 notice by electronic transmission. A unit owner who consents to
1229 receiving notices by electronic transmission is solely
1230 responsible for removing or bypassing filters that block receipt
1231 of mass emails sent to members on behalf of the association in
1232 the course of giving electronic notices.
1233 7. Unit owners have the right to participate in meetings
1234 of unit owners with reference to all designated agenda items.
1235 However, the association may adopt reasonable rules governing
1236 the frequency, duration, and manner of unit owner participation.
1237 8. A unit owner may tape record or videotape a meeting of
1238 the unit owners subject to reasonable rules adopted by the
1239 division.
1240 9. Unless otherwise provided in the bylaws, any vacancy
1241 occurring on the board before the expiration of a term may be
1242 filled by the affirmative vote of the majority of the remaining
1243 directors, even if the remaining directors constitute less than
1244 a quorum, or by the sole remaining director. In the alternative,
1245 a board may hold an election to fill the vacancy, in which case
1246 the election procedures must conform to sub-subparagraph 4.a.
1247 unless the association governs 10 units or fewer and has opted
1248 out of the statutory election process, in which case the bylaws
1249 of the association control. Unless otherwise provided in the
1250 bylaws, a board member appointed or elected under this section

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1251 shall fill the vacancy for the unexpired term of the seat being
1252 filled. Filling vacancies created by recall is governed by
1253 paragraph (j) and rules adopted by the division.
1254 10. This chapter does not limit the use of general or
1255 limited proxies, require the use of general or limited proxies,
1256 or require the use of a written ballot or voting machine for any
1257 agenda item or election at any meeting of a timeshare
1258 condominium association or nonresidential condominium
1259 association.
1260
1261 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1262 association of 10 or fewer units may, by affirmative vote of a
1263 majority of the total voting interests, provide for different
1264 voting and election procedures in its bylaws, which may be by a
1265 proxy specifically delineating the different voting and election
1266 procedures. The different voting and election procedures may
1267 provide for elections to be conducted by limited or general
1268 proxy.
1269 (f) Annual budget.—
1270 1. The proposed annual budget of estimated revenues and
1271 expenses must be detailed and must show the amounts budgeted by
1272 accounts and expense classifications, including, at a minimum,
1273 any applicable expenses listed in s. 718.504(21). The annual
1274 budget must be proposed to unit owners and adopted by the board
1275 of directors no later than 30 days before the beginning of the

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1276 fiscal year. A multicondominium association shall adopt a
1277 separate budget of common expenses for each condominium the
1278 association operates and shall adopt a separate budget of common
1279 expenses for the association. In addition, if the association
1280 maintains limited common elements with the cost to be shared
1281 only by those entitled to use the limited common elements as
1282 provided for in s. 718.113(1), the budget or a schedule attached
1283 to it must show the amount budgeted for this maintenance. If,
1284 after turnover of control of the association to the unit owners,
1285 any of the expenses listed in s. 718.504(21) are not applicable,
1286 they need not be listed.
1287 2.a. In addition to annual operating expenses, the budget
1288 must include reserve accounts for capital expenditures and
1289 deferred maintenance. These accounts must include, but are not
1290 limited to, roof replacement, building painting, and pavement
1291 resurfacing, regardless of the amount of deferred maintenance
1292 expense or replacement cost, and any other item that has a
1293 deferred maintenance expense or replacement cost that exceeds
1294 $10,000. The amount to be reserved must be computed using a
1295 formula based upon estimated remaining useful life and estimated
1296 replacement cost or deferred maintenance expense of each reserve
1297 item. The association may adjust replacement reserve assessments
1298 annually to take into account any changes in estimates or
1299 extension of the useful life of a reserve item caused by
1300 deferred maintenance. This subsection does not apply to an

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1301 adopted budget in which the members of an association have
1302 determined, by a majority vote at a duly called meeting of the
1303 association, to provide no reserves or less reserves than
1304 required by this subsection.
1305 b. Before turnover of control of an association by a
1306 developer to unit owners other than a developer pursuant to s.
1307 718.301, the developer may vote the voting interests allocated
1308 to its units to waive the reserves or reduce the funding of
1309 reserves through the period expiring at the end of the second
1310 fiscal year after the fiscal year in which the certificate of a
1311 surveyor and mapper is recorded pursuant to s. 718.104(4)(e) or
1312 an instrument that transfers title to a unit in the condominium
1313 which is not accompanied by a recorded assignment of developer
1314 rights in favor of the grantee of such unit is recorded,
1315 whichever occurs first, after which time reserves may be waived
1316 or reduced only upon the vote of a majority of all nondeveloper
1317 voting interests voting in person or by limited proxy at a duly
1318 called meeting of the association. If a meeting of the unit
1319 owners has been called to determine whether to waive or reduce
1320 the funding of reserves and no such result is achieved or a
1321 quorum is not attained, the reserves included in the budget
1322 shall go into effect. After the turnover, the developer may vote
1323 its voting interest to waive or reduce the funding of reserves.
1324 3. Reserve funds and any interest accruing thereon shall
1325 remain in the reserve account or accounts, and may be used only

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1326 for authorized reserve expenditures unless their use for other
1327 purposes is approved in advance by a majority vote at a duly
1328 called meeting of the association. Before turnover of control of
1329 an association by a developer to unit owners other than the
1330 developer pursuant to s. 718.301, the developer-controlled
1331 association may not vote to use reserves for purposes other than
1332 those for which they were intended without the approval of a
1333 majority of all nondeveloper voting interests, voting in person
1334 or by limited proxy at a duly called meeting of the association.
1335 4. The only voting interests that are eligible to vote on
1336 questions that involve waiving or reducing the funding of
1337 reserves, or using existing reserve funds for purposes other
1338 than purposes for which the reserves were intended, are the
1339 voting interests of the units subject to assessment to fund the
1340 reserves in question. Proxy questions relating to waiving or
1341 reducing the funding of reserves or using existing reserve funds
1342 for purposes other than purposes for which the reserves were
1343 intended must contain the following statement in capitalized,
1344 bold letters in a font size larger than any other used on the
1345 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
1346 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
1347 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1348 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1349 Section 21. Paragraph (m) of subsection (1) of section
1350 718.501, Florida Statutes, is amended to read:

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1351 718.501 Authority, responsibility, and duties of Division
1352 of Florida Condominiums, Timeshares, and Mobile Homes.—
1353 (1) The division may enforce and ensure compliance with
1354 the provisions of this chapter and rules relating to the
1355 development, construction, sale, lease, ownership, operation,
1356 and management of residential condominium units. In performing
1357 its duties, the division has complete jurisdiction to
1358 investigate complaints and enforce compliance with respect to
1359 associations that are still under developer control or the
1360 control of a bulk assignee or bulk buyer pursuant to part VII of
1361 this chapter and complaints against developers, bulk assignees,
1362 or bulk buyers involving improper turnover or failure to
1363 turnover, pursuant to s. 718.301. However, after turnover has
1364 occurred, the division has jurisdiction to investigate
1365 complaints related only to financial issues, elections, and unit
1366 owner access to association records pursuant to s. 718.111(12).
1367 (m) If a complaint is made, the division must conduct its
1368 inquiry with due regard for the interests of the affected
1369 parties. Within 30 days after receipt of a complaint, the
1370 division shall acknowledge the complaint in writing and notify
1371 the complainant whether the complaint is within the jurisdiction
1372 of the division and whether additional information is needed by
1373 the division from the complainant. The division shall conduct
1374 its investigation and, within 90 days after receipt of the
1375 original complaint or of timely requested additional

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1376 information, take action upon the complaint. However, the
1377 failure to complete the investigation within 90 days does not
1378 prevent the division from continuing the investigation,
1379 accepting or considering evidence obtained or received after 90
1380 days, or taking administrative action if reasonable cause exists
1381 to believe that a violation of this chapter or a rule has
1382 occurred. If an investigation is not completed within the time
1383 limits established in this paragraph, the division shall, on a
1384 monthly basis, notify the complainant in writing of the status
1385 of the investigation. When reporting its action to the
1386 complainant, the division shall inform the complainant of any
1387 right to a hearing pursuant to ss. 120.569 and 120.57. The
1388 division may adopt rules regarding the submission of a complaint
1389 against an association.
1390 Section 22. Section 718.5014, Florida Statutes, is amended
1391 to read:
1392 718.5014 Ombudsman location.—The ombudsman shall maintain
1393 his or her principal office at a in Leon County on the premises
1394 of the division or, if suitable space cannot be provided there,
1395 at another place convenient to the offices of the division which
1396 will enable the ombudsman to expeditiously carry out the duties
1397 and functions of his or her office. The ombudsman may establish
1398 branch offices elsewhere in the state upon the concurrence of
1399 the Governor.
1400 Section 23. Subsection (1) of section 455.219, Florida

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1401 Statutes, is amended to read:
1402 455.219 Fees; receipts; disposition; periodic management
1403 reports.—
1404 (1) Each board within the department shall determine by
1405 rule the amount of license fees for its profession, based upon
1406 department-prepared long-range estimates of the revenue required
1407 to implement all provisions of law relating to the regulation of
1408 professions by the department and any board; however, when the
1409 department has determined, based on the long-range estimates of
1410 such revenue, that a profession's trust fund moneys are in
1411 excess of the amount required to cover the necessary functions
1412 of the board, or the department when there is no board, the
1413 department may adopt rules to implement a waiver of license
1414 renewal fees for that profession for a period not to exceed 2
1415 years, as determined by the department. Each board, or the
1416 department when there is no board, shall ensure license fees are
1417 adequate to cover all anticipated costs and to maintain a
1418 reasonable cash balance, as determined by rule of the
1419 department, with advice of the applicable board. If sufficient
1420 action is not taken by a board within 1 year of notification by
1421 the department that license fees are projected to be inadequate,
1422 the department shall set license fees on behalf of the
1423 applicable board to cover anticipated costs and to maintain the
1424 required cash balance. The department shall include recommended
1425 fee cap increases in its annual report to the Legislature.

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1426 Further, it is legislative intent that no regulated profession
1427 operate with a negative cash balance. The department may provide
1428 by rule for the advancement of sufficient funds to any
1429 profession or the Florida Athletic State Boxing Commission
1430 operating with a negative cash balance. Such advancement may be
1431 for a period not to exceed 2 consecutive years and shall require
1432 interest to be paid by the regulated profession. Interest shall
1433 be calculated at the current rate earned on Professional
1434 Regulation Trust Fund investments. Interest earned shall be
1435 allocated to the various funds in accordance with the allocation
1436 of investment earnings during the period of the advance.
1437 Section 24. Subsection (4) of section 548.002, Florida
1438 Statutes, is amended to read:
1439 548.002 Definitions.—As used in this chapter, the term:
1440 (4) "Commission" means the Florida Athletic State Boxing
1441 Commission.
1442 Section 25. Subsections (3) and (4) of section 548.05,
1443 Florida Statutes, are amended to read:
1444 548.05 Control of contracts.—
1445 (3) The commission may require that each contract contain
1446 language authorizing the Florida State Boxing commission to
1447 withhold any or all of any manager's share of a purse in the
1448 event of a contractual dispute as to entitlement to any portion
1449 of a purse. The commission may establish rules governing the
1450 manner of resolution of such dispute. In addition, if the

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1451 commission deems it appropriate, the commission is hereby
1452 authorized to implead interested parties over any disputed funds
1453 into the appropriate circuit court for resolution of the dispute
1454 before prior to release of all or any part of the funds.
1455 (4) Each contract subject to this section shall contain
1456 the following clause: "This agreement is subject to the
1457 provisions of chapter 548, Florida Statutes, and to the rules of
1458 the Florida Athletic State Boxing Commission and to any future
1459 amendments of either."
1460 Section 26. Subsection (12) of section 548.071, Florida
1461 Statutes, is amended to read:
1462 548.071 Suspension or revocation of license or permit by
1463 commission.—The commission may suspend or revoke a license or
1464 permit if the commission finds that the licensee or permittee:
1465 (12) Has been disciplined by the Florida State Boxing
1466 commission or similar agency or body of any jurisdiction.
1467 Section 27. Section 548.077, Florida Statutes, is amended
1468 to read:
1469 548.077 Florida Athletic State Boxing Commission;
1470 collection and disposition of moneys.—All fees, fines,
1471 forfeitures, and other moneys collected under the provisions of
1472 this chapter shall be paid by the commission to the Chief
1473 Financial Officer who, after the expenses of the commission are
1474 paid, shall deposit them in the Professional Regulation Trust
1475 Fund to be used for the administration and operation of the

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1476 commission and to enforce the laws and rules under its
1477 jurisdiction. In the event the unexpended balance of such moneys
1478 collected under the provisions of this chapter exceeds $250,000,
1479 any excess of that amount shall be deposited in the General
1480 Revenue Fund.
1481 Section 28. This act shall take effect July 1, 2021.

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COMMERCE COMMITTEE

HB 1517 by Rep. Duggan
Department of Business and Professional Regulation

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. Duggan (line 418):

The amendment clarifies that denying entry or the ability to inspect the premises by the
Department of Business and Professional Regulation (DBPR) of an unpermitted cosmetics
manufacturer is a violation of the Florida Drug and Cosmetic Act and is grounds for disciplinary
action by DBPR.

Amendment 2 by Rep. Duggan (line 1273):

The amendment provides that a condominium association board must adopt the annual budget
at least 14 days prior to the start of the association’s fiscal year. In the event that the board fails
to timely adopt the annual budget a second time:
• it is deemed a minor violation of the Condominium Act, and
• the association’s prior year’s budget will continue in effect until a new budget is adopted.

Amendment 3 by Rep. Duggan (line 1399):

The amendment provides that a cooperative board of administration must adopt the annual
budget at least 14 days prior to the start of the association’s fiscal year. In the event that the
board fails to timely adopt the annual budget a second time:
• it is deemed a minor violation of the Cooperative Act, and
• the association’s prior year’s budget will continue in effect until a new budget is adopted.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1517 (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 Duggan offered the following:
3
4 Amendment
5 Remove lines 418-420 and insert:
6 department rules, as applicable. A refusal to permit an
7 authorized officer or employee of the department to enter the
8 premises or to conduct an inspection is a violation of s.
9 499.005(6) and is grounds for disciplinary action pursuant to s.
10 499.066.
11

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1517 (2021)
Amendment No. 2

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 Duggan offered the following:
3
4 Amendment
5 Remove lines 1273-1276 and insert:
6 any applicable expenses listed in s. 718.504(21). The board
7 shall adopt the annual budget at least 14 days prior to the
8 start of the association’s fiscal year. In the event that the
9 board fails to timely adopt the annual budget a second time, it
10 shall be deemed a minor violation and the prior year’s budget
11 shall continue in effect until a new budget is adopted. A
12 multicondominium association shall adopt a

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1517 (2021)
Amendment No. 3

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 Duggan offered the following:
3
4 Amendment (with title amendment)
5 Between lines 1399 and 1400, insert:
6 Section 23. Paragraph (j) of subsection (1) of section
7 719.106, Florida Statutes, is amended to read:
8 719.106 Bylaws; cooperative ownership.—
9 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
10 documents shall provide for the following, and if they do not,
11 they shall be deemed to include the following:
12 (j) Annual budget.—
13 1. The proposed annual budget of common expenses shall be
14 detailed and shall show the amounts budgeted by accounts and
15 expense classifications, including, if applicable, but not
16 limited to, those expenses listed in s. 719.504(20). The board
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1517 (2021)
Amendment No. 3

17 of administration shall adopt the annual budget at least 14 days
18 prior to the start of the association’s fiscal year. In the
19 event that the board fails to timely adopt the annual budget a
20 second time, it shall be deemed a minor violation and the prior
21 year’s budget shall continue in effect until a new budget is
22 adopted.
23 2. In addition to annual operating expenses, the budget
24 shall include reserve accounts for capital expenditures and
25 deferred maintenance. These accounts shall include, but not be
26 limited to, roof replacement, building painting, and pavement
27 resurfacing, regardless of the amount of deferred maintenance
28 expense or replacement cost, and for any other items for which
29 the deferred maintenance expense or replacement cost exceeds
30 $10,000. The amount to be reserved shall be computed by means of
31 a formula which is based upon estimated remaining useful life
32 and estimated replacement cost or deferred maintenance expense
33 of each reserve item. The association may adjust replacement
34 reserve assessments annually to take into account any changes in
35 estimates or extension of the useful life of a reserve item
36 caused by deferred maintenance. This paragraph shall not apply
37 to any budget in which the members of an association have, at a
38 duly called meeting of the association, determined for a fiscal
39 year to provide no reserves or reserves less adequate than
40 required by this subsection. However, prior to turnover of
41 control of an association by a developer to unit owners other
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1517 (2021)
Amendment No. 3

42 than a developer pursuant to s. 719.301, the developer may vote
43 to waive the reserves or reduce the funding of reserves for the
44 first 2 years of the operation of the association after which
45 time reserves may only be waived or reduced upon the vote of a
46 majority of all nondeveloper voting interests voting in person
47 or by limited proxy at a duly called meeting of the association.
48 If a meeting of the unit owners has been called to determine to
49 provide no reserves, or reserves less adequate than required,
50 and such result is not attained or a quorum is not attained, the
51 reserves as included in the budget shall go into effect.
52 3. Reserve funds and any interest accruing thereon shall
53 remain in the reserve account or accounts, and shall be used
54 only for authorized reserve expenditures unless their use for
55 other purposes is approved in advance by a vote of the majority
56 of the voting interests, voting in person or by limited proxy at
57 a duly called meeting of the association. Prior to turnover of
58 control of an association by a developer to unit owners other
59 than the developer under s. 719.301, the developer may not vote
60 to use reserves for purposes other than that for which they were
61 intended without the approval of a majority of all nondeveloper
62 voting interests, voting in person or by limited proxy at a duly
63 called meeting of the association.
64
65
66 -----------------------------------------------------
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Bill No. CS/CS/HB 1517 (2021)
Amendment No. 3

67 T I T L E A M E N D M E N T
68 Remove line 102 and insert:
69 office of the condominium ombudsman; amending s. 719.106, F.S.;
70 requiring that an annual budget be proposed by the board of
71 administration before a specified time; amending ss.

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CS/HB 1629
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1629 Transportation Facility Designations
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, Williamson
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N, As CS Johnson Keating

2) Infrastructure & Tourism Appropriations 11 Y, 0 N Evans Davis
Subcommittee

3) Commerce Committee Johnson Hamon

SUMMARY ANALYSIS

State law authorizes legislative designations of transportation facilities for honorary or memorial purposes or to
distinguish a particular facility. The legislative designations do not officially change the current names of the
facilities, nor does the law require local governments and private entities to change street signs, mailing
addresses, or 911 emergency telephone system listings. State law also requires the appropriate city or county
commission to pass a resolution supporting the designation prior to the erection of markers indicating the
designation.

The bill creates 14 honorary designations for various transportation facilities across the state and directs the
Department of Transportation (DOT) to erect suitable markers for each designation.

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 .
STORAGE NAME: h1629c.COM
DATE: 4/12/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Effect of the Bill

The bill requires DOT to erect suitable markers for each of the following designations.

Subsection 1 designates that portion of S.R. 87 between East Bay Boulevard and U.S. 98 in Santa
Rosa County as “Ira Mae Bruce Memorial Highway.”

Ira Mae Bruce was Santa Rosa County’s first female commissioner and presided over numerous
business and civic organizations. She was also co-broker/owner of Century 21 Island View Realty. Ms.
Bruce passed away on November 30, 2020.1

Subsection 2 designates that portion of Davie Boulevard between S.W. 34th Avenue and S.W. 36th
Avenue in Broward County as "Rubin Stacy Memorial Boulevard."

Rubin Stacy, a black man, died by hanging on July 19, 1935, in Fort Lauderdale, after an unconfirmed
accusation by a white woman.2

Subsection 3 designates Bridge Number 100850 on S.R. 60/Courtney Campbell Causeway over Old
Tampa Bay in Hillsborough County as "Virginia Creighton Bridge."

Virginia (Ginger) Creighton worked in the field of wetland science and was key to developing the
Courtney Campbell Causeway – Old Tampa Bay Water Quality Improvement Project that provided
environmental credit for other DOT projects in the Tampa Bay Area.3 Ms. Creighton passed away on
May 29, 2020.

1 https://www.facebook.com/1619922901599897/posts/santa-rosa-countys-first-female-county-commissioner-has-passed-away-it-is-

with-i/2817435305181978/ (last visited Mar. 11, 2021).
2 Bryan, Susannah, A lynch mob killed a Black man in Fort Lauderdale in 1935. His name was Rubin Stacy. South Florida Sun Sentinel,

September 11, 2020. Available at: https://www.sun-sentinel.com/local/broward/fort-lauderdale/fl-ne-rubin-stacy-lynching-memorial-
20200911-u3f6jg26izerllal7vva6nz3wi-story.html (last visited Jan. 5, 2021).
3 Virginia (Ginger) Creighton Death Notice from the Florida Department of Transportation.

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Subsection 4 designates the interchange at the Florida Turnpike and U.S. 192 in Osceola County as
“Representative Frank Attkisson Interchange."

Representative Frank Attkisson served on the Kissimmee City Commission from 1990-1992, as the
Mayor of Kissimmee from 1996-2000, and in the Florida House of Representatives from 2000-2008.
Representative Attkisson passed away on April 6, 2017.4

Subsection 5 designates that portion of U.S. 19/S.R. 55 between U.S. 41/S.R. 45/Tamiami Trail and
Palm View Road in Manatee County as “Tiffiany Marie Olson Memorial Highway.”

On December 7, 2005, Tiffiany Marie Olson was killed in a traffic crash on U.S. 19 in Manatee County.
Following her mother not being notified of her death for several hours, her mother was instrumental in
getting emergency contact information added to a person’s driver license or identification card record.5

Subsection 6 designates that portion of the S.R. A1A between Oakland Park Boulevard and Palm
Avenue in Broward County as ”Pio R. Ieraci Memorial Highway.”

Pio R. Ieraci was a civic leader active in the Broward County Community. He served as the President of
the Galt Ocean Club Condominium Association for over 20 years. Mr. Ieraci passed away on
December 20, 2020.6

Subsection 7 designates that portion of S.R. 520/W. King Street between S.R. 501/Clearlake Road
and S.R. 519/Fiske Boulevard in Brevard County as "Sgt. George Lee Taylor, Sr., Memorial Highway."

Sgt. George Lee Taylor, Sr., served in the United States Army from 1967 to 1971. After returning from
war, Sgt. Taylor founded the National Veterans Homeless Support, which is estimated to have helped
reduce the homeless veteran population in Brevard County by 90 percent. Sgt. Taylor passed away on
May 17, 2020.7

Subsection 8 designates that portion of S.R. 519/Fiske Boulevard between Rosa L. Jones Drive and I-
95 in Brevard County as "Dr. Martin Luther King, Jr., Boulevard."

Dr. Martin Luther King, Jr., was a civil rights leader and the youngest man to have received the Nobel
Peace Prize. Dr. King was assassinated on April 4, 1968.8

Subsection 9 designates that portion of U.S. 23/Kings Road between Spires Avenue and Tyler Street
in Duval County as "Professor Dock Jackson Jordan and Mrs. Carrie Thomas Jordan Memorial
Highway."

Professor Dock Jackson Jordan served as President of Edward Waters College in Jacksonville from
1895-1897. He later trained black teachers, developed workshops for black educators, and worked for
the advancement of black education. Professor Jordan passed away on October 20, 1943.9

Mrs. Carrie Thomas Jordan was born in Jacksonville in 1870 and was instrumental in rewriting school
curriculum for black students, placing an emphasis on spelling, geography, and nature study. Mrs.
Jordan passed away on August 11, 1968.10

Subsection 10 The bill designates that portion of S.R. 715/Bacom Point Road between W. Morgan
Road and S.W. 14th Street in Palm Beach County as “Deputy Sheriff Donta Manuel and Deputy Sheriff

4 https://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4234 (last visited Mar. 4, 2021).
5 https://www.flhsmv.gov/driver-licenses-id-cards/emergency-contact-information-history/ (last visited Mar. 10, 2021).
6 https://www.dignitymemorial.com/obituaries/fort-lauderdale-fl/pio-ieraci-9961464 (last visited Mar. 9, 2021).
7 https://www.dignitymemorial.com/obituaries/cocoa-fl/george-taylor-9187354 (last visited Mar. 10, 2021).
8 https://www.nobelprize.org/prizes/peace/1964/king/biographical/ (last visited Mar. 9, 2021).
9 Biographical information provided to the Transportation & Infrastructure Subcommittee regarding Professor Dock Jackson Jordan and

Mrs. Carrie Thomas Jordan.
10 Id.

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Jonathan Wallace Highway.”

On November 28, 2007, Deputy Sheriff Donta Manuel and Deputy Sheriff Jonathan Wallace were
struck and killed by a patrol car while attempting to remove stop sticks on State Road 715 in Palm
Beach County.11

Subsection 11 designates, upon completion of construction, the interchange at First Coast
Expressway/S.R. 23 and Henley Road in Clay County as “Sergeant Eric John Twisdale Memorial
Interchange.”

Sergeant Eric John Twisdale served as a Deputy, Detective, Dive Team Member, and Sergeant
throughout his 22 years with the Clay County Sheriff’s Office. He received numerous awards, including
the Sheriff’s Office Lifesaving Award and Deputy of the Year. 12 Sergeant Twisdale passed away on
September 16, 2020, after contracting Covid-19 during a presumed exposure at the Clay County
Sheriff’s Office.13

Subsection 12 designates that portion of E. Main Street/Bayfront Parkway/E. Gregory Street between
S. Tarragona Street and the Pensacola Bay Bridge in Escambia County as “Pensacola Police Fallen
Heroes Highway.”

Pensacola Police Fallen Heroes Highway honors the 16 men who lost their lives in service to the City of
Pensacola and will serve as a reminder that their sacrifice has not been forgotten.14

Subsection 13 designates Bridge No. 380097 on U.S. 27 over the Fenholloway River in Taylor County
as “Private Tillman R. Clark Memorial Bridge.”

Private Tillman R. Clark served in the United States Army from February 27, 1941 to September 7,
1945. During his service in Normandy he was captured as a prisoner of war. He was awarded the
Purple Heart, American Defense Service Medal, and European and Middle East Theatre of Operations
Medal.15 Private Clark passed away in 1999.16

Subsection 14 designates that portion of U.S. 90 between Canal Street and Stewart Street in Santa
Rosa County as “Reverend Murray Hamilton, Sr., Highway.”

Reverend Murray Hamilton, Sr., served in the United States Navy and worked for Monsanto/Solutia for
37 years. His life’s work revolved around building the community and he was influential in developing
many programs and organizations in Milton. Reverend Hamilton passed away on January 25, 2021.17

The bill has an effective date of July 1, 2021.

B. SECTION DIRECTORY:
Section 1 Creates honorary transportation facility designations; directs DOT to erect suitable markers.

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

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

11 Officer Down Memorial Page, https://www.odmp.org/officer/19071-deputy-sheriff-donta-j-manuel (last visited Feb. 1, 2021).
12 Clay County Resolution 2020/2021-41 supporting the designation.
13 Officer Down Memorial Page, https://www.odmp.org/officer/24909-sergeant-eric-john-twisdale (last visited Mar. 18, 2021).
14 City of Pensacola Resolution No. 2020-38.
15 Taylor County Resolution, https://cms6.revize.com/revize/taylorcountyfl/TILLMAN%20CLARK%20RESOLUTION.pdf (last visited Mar.

22, 2021).
16 https://www.legacy.com/obituaries/name/gloria-clark-obituary?pid=177016694 (last visited Mar. 22, 2021).
17 Reverend Murray Hamilton Sr., Funeral Program.

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1. Revenues:
None.

2. Expenditures:
DOT estimates a cost of $1,000 per designation for the appropriate markers, which provides for two
signs per designation at $500 per sign.18 Therefore, the bill has an estimated negative fiscal impact
of $14,000 to the State Transportation Trust Fund. This cost can be absorbed within existing DOT
resources.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

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. This bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 22, 2021, the Tourism, Infrastructure & Energy Subcommittee adopted a proposed committee
substitute for the bill along with three amendments. The bill, as originally filed, designated the Ira Mae
Bruce Memorial Highway in Santa Rosa County. The committee substitute:
 Amends the location of the Ira Mae Bruce Memorial Highway; and
 Creates the following additional honorary designations:
o Rubin Stacy Memorial Boulevard in Broward County;
o Virginia Creighton Bridge in Hillsborough County;

18 E-mail from Amanda Marsh, Legislative Programs Office, Department of Transportation, RE: Road Designation Fiscal (Jan. 5, 2021).

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o Representative Frank Attkisson Interchange in Osceola County;
o Tiffiany Marie Olson Memorial Highway in Manatee County;
o Pio R. Ieraci Memorial Highway in Broward County;
o Sgt. George Lee Taylor, Sr., Memorial Highway in Brevard County;
o Dr. Martin Luther King, Jr., Boulevard in Brevard County;
o Professor Dock Jackson Jordan and Mrs. Cassie Thomas Jordan Memorial Highway in
Duval County;
o Deputy Sheriff Donta Manuel and Deputy Sheriff Jonathan Wallace Highway in Palm Beach
County;
o Sergeant Eric John Twisdale Memorial Interchange in Clay County;
o Pensacola Police Fallen Heroes Highway in Escambia County;
o Private Tillman R. Clark Memorial Bridge in Taylor County; and
o Reverend Murray Hamilton, Sr., Highway in Santa Rosa County.
 Directs DOT to erect suitable markers for each of the above designations.

This analysis is drafted to the committee substitute as approved by the Tourism, Infrastructure & Energy
Subcommittee.

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DATE: 4/12/2021
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 1629 2021

1 A bill to be entitled
2 An act relating to transportation facility
3 designations; providing honorary designations of
4 certain transportation facilities in specified
5 counties; directing the Department of Transportation
6 to erect suitable markers; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Transportation facility designations;
12 Department of Transportation to erect suitable markers.—
13 (1) That portion of S.R. 87 between E. Bay Boulevard and
14 U.S. 98 in Santa Rosa County is designated as "Ira Mae Bruce
15 Memorial Highway."
16 (2) That portion of Davie Boulevard between S.W. 34th
17 Avenue and S.W. 36th Avenue in Broward County is designated as
18 "Rubin Stacy Memorial Boulevard."
19 (3) Bridge number 100850 on S.R. 60/Courtney Campbell
20 Causeway over Old Tampa Bay in Hillsborough County is designated
21 as "Virginia Creighton Bridge."
22 (4) The interchange at the Florida Turnpike and U.S. 192
23 in Osceola County is designated as "Representative Frank
24 Attkisson Interchange."
25 (5) That portion of U.S. 19/S.R. 55 between U.S. 41/S.R.

Page 1 of 3

CODING: Words stricken are deletions; words underlined are additions.
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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 1629 2021

26 45/Tamiami Trail and Palm View Road in Manatee County is
27 designated as "Tiffiany Marie Olson Memorial Highway."
28 (6) That portion of S.R. A1A between Oakland Park
29 Boulevard and Palm Avenue in Broward County is designated as
30 "Pio R. Ieraci Memorial Highway."
31 (7) That portion of S.R. 520/W. King Street between S.R.
32 501/Clearlake Road and S.R. 519/Fiske Boulevard in Brevard
33 County is designated as "Sgt. George Lee Taylor, Sr., Memorial
34 Highway."
35 (8) That portion of S.R. 519/Fiske Boulevard between Rosa
36 L. Jones Drive and I-95 in Brevard County is designated as "Dr.
37 Martin Luther King, Jr., Boulevard."
38 (9) That portion of U.S. 23/Kings Road between Spires
39 Avenue and Tyler Street in Duval County is designated as
40 "Professor Dock Jackson Jordan and Mrs. Carrie Thomas Jordan
41 Memorial Highway."
42 (10) That portion of S.R. 715/Bacom Point Road between W.
43 Morgan Road and S.W. 14th Street in Palm Beach County is
44 designated as "Deputy Sheriff Donta Manuel and Deputy Sheriff
45 Jonathan Wallace Highway."
46 (11) Upon completion of construction, the interchange at
47 First Coast Expressway/S.R. 23 and Henley Road in Clay County is
48 designated as "Sergeant Eric John Twisdale Memorial
49 Interchange."
50 (12) That portion of E. Main Street/Bayfront Parkway/E.

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hb1629-01-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 1629 2021

51 Gregory Street between S. Tarragona Street and the Pensacola Bay
52 Bridge in Escambia County is designated as "Pensacola Police
53 Fallen Heroes Highway."
54 (13) Bridge No. 380097 on U.S. 27 over the Fenholloway
55 River in Taylor County is designated as "Private Tillman R.
56 Clark Memorial Bridge."
57 (14) That portion of U.S. 90 between Canal Street and
58 Stewart Street in Santa Rosa County is designated as "Reverend
59 Murray Hamilton, Sr., Highway."
60 (15) The Department of Transportation is directed to erect
61 suitable markers designating the transportation facilities as
62 described in this section.
63 Section 2. This act shall take effect July 1, 2021.

Page 3 of 3

CODING: Words stricken are deletions; words underlined are additions.
hb1629-01-c1
COMMERCE COMMITTEE

CS/HB 1629 by Rep. Williamson
TRANSPORTATION FACILITY DESIGNATIONS

AMENDMENT SUMMARY
APRIL 14, 2021

Amendment 1 by Rep. Williamson (Line 37):
• Designates Austin D. Gayne Memorial Highway in Orange County.
• Designates Anthony Reznik Boulevard in Miami-Dade County.
• Corrects a drafting error.

Amendment 2 by Rep. Rodriguez (Line 14)
• Corrects the designation of the Ira Mae Bruce Memorial Highway to be referred
to instead as the Ira Mae Wells-Bruce Memorial Highway.
• Designates Gus Barreiro Way in Miami-Dade County.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1629 (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 Williamson offered the following:
3
4 Amendment
5 Remove lines 37-60 and insert:
6 Martin Luther King, Jr., Memorial Highway."
7 (9) That portion of U.S. 23/Kings Road between Spires
8 Avenue and Tyler Street in Duval County is designated as
9 "Professor Dock Jackson Jordan and Mrs. Carrie Thomas Jordan
10 Memorial Highway."
11 (10) That portion of S.R. 715/Bacom Point Road between W.
12 Morgan Road and S.W. 14th Street in Palm Beach County is
13 designated as "Deputy Sheriff Donta Manuel and Deputy Sheriff
14 Jonathan Wallace Highway."
15 (11) Upon completion of construction, the interchange at
16 First Coast Expressway/S.R. 23 and Henley Road in Clay County is
556917 - h1629-line 37.docx
Published On: 4/13/2021 6:36:55 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1629 (2021)
Amendment No. 1

17 designated as "Sergeant Eric John Twisdale Memorial
18 Interchange."
19 (12) That portion of E. Main Street/Bayfront Parkway/E.
20 Gregory Street between S. Tarragona Street and the Pensacola Bay
21 Bridge in Escambia County is designated as "Pensacola Police
22 Fallen Heroes Highway."
23 (13) Bridge No. 380097 on U.S. 27 over the Fenholloway
24 River in Taylor County is designated as "Private Tillman R.
25 Clark Memorial Bridge."
26 (14) That portion of U.S. 90 between Canal Street and
27 Stewart Street in Santa Rosa County is designated as "Reverend
28 Murray Hamilton, Sr., Highway."
29 (15) That portion of Westbound S.R. 408/Holland East
30 Expressway between the Mills Avenue Exit and the Rosalind Avenue
31 Exit in Orange County is designated as "Austin D. Gayne Memorial
32 Highway."
33 (16) That portion of SR 826/Sunny Isles Boulevard between
34 N.E. 35th Avenue and S.R. A1A in Miami-Dade County is designated
35 as "Anthony Reznik Boulevard."
36 (17) The Department of Transportation is directed to erect

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Page 2 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1629 (2021)
Amendment No. 2

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 Rodriguez offered the following:
3
4 Amendment
5 Remove lines 14-15 and insert:
6 U.S. 98 in Santa Rosa County is designated as "Ira Mae Wells-
7 Bruce Memorial Highway."
8 (2) That portion of S.R. 968/S.W. 1st Street between S.W.
9 12th Avenue and S.W. 17th Avenue in Miami-Dade County is
10 designated as "Gustavo Barreiro Way."

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Page 1 of 1
PCS for HB 991
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 991 Petroleum Fuel Measuring Devices
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Thompson Hamon

SUMMARY ANALYSIS
The Department of Agriculture and Consumer Services (DACS) is responsible for monitoring the accuracy of
Florida's gas pumps, scales, price scanners, and other commercial weighing and measuring devices. This
includes the responsibility of making sure that retail petroleum fuel measuring devices (measuring devices)
used in selling petroleum fuel at retail are working safely and properly. DACS has the authority to issue
warning letters, impose administrative fines, or revoke or suspend any registration issued by DACS for
violations of the chapter of law governing gasoline and oil inspections.

Recently, local governments have been adopting fuel pump security measures that are more restrictive than
the rules established by DACS related to reoccurring issues with skimmers at certain convenience stores.

PCS for HB 991:
 Preempts to the state and DACS the regulation of measuring devices.
 Effective January 1, 2022, requires owners of measuring devices to affix or install onto each measuring
device at least two security measures, instead of one.
 Adds additional security measures that can be used by owners to comply with security measure
requirements, including, security tape unique to the station, a physical locking mechanism with an
access key unique to each station, an alarm to alert the owner or operator if there is an unauthorized
opening of the measuring device panel, a daily inspection of each measuring device, and a contactless
payment method that does not use a magnetic strip scanning device.
 Limits DACS’ authority to impose administrative fines and penalties for violations of measuring device
requirements, unless the person who owns the measuring device has failed to install or implement a
security measure or placed the measuring device back in service before compliance has been restored.
 Prevents DACS from imposing a fine if noncompliance is the result of damage or alteration after repair
by the owner of the security measure, and the owner demonstrates or provides sufficient evidence of
such repair.
 Requires DACS, upon discovery of a measuring device without a security measure or with an illegal
skimming or filtering device or an altered or damaged security measure, to prohibit further use until the
security measure is installed, replaced, or repaired.
 Requires an owner of a measuring device that finds an illegal skimming or filtering device or an altered
or damaged security measure to report such to DACS within three business days of the discovery on a
form prescribed by DACS.
 Removes the 5-day timeframe within which an owner must take corrective action for a security measure
violation, and the authority for DACS to immediately take the measuring device out of service for repeat
violations found on the same measuring device.

The PCS may have an insignificant fiscal impact on state and local government.

Except as otherwise provided, the effective date of the bill is 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: 4/12/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Petroleum Fuel Measuring Devices

The Division of Consumer Services (Division) within the Department of Agriculture and Consumer
Services (DACS) is the state’s clearinghouse for consumer complaints, information and protection. The
Division regulates various businesses, such as charitable organizations and telemarketers. In addition,
the Division protects consumers and businesses from unfair and unsafe business practices across a
wide range of industries, including antifreeze, brake fluid, gasoline, liquefied petroleum (LP) gas,
pesticides, water vending machines, and weighing and measuring devices.1

Chapter 525, F.S., which governs gasoline and oil inspections in the state, makes DACS responsible
for monitoring the accuracy of Florida's gas pumps, scales, price scanners, and other commercial
weighing and measuring devices to promote a fair and equitable marketplace and protect consumers.
This includes the inspection of retail gas stations to ensure that fuel dispensers are working safely and
properly.2

DACS Inspections

Current law requires DACS to inspect all measuring devices used in selling or distributing petroleum
fuel at wholesale and retail, and to affix a sticker to each petroleum measuring device to signify that the
device has been inspected and the device owner is responsible for its proper use and maintenance.3

Owners or managers of petroleum fuel measuring devices (measuring devices) are responsible for
ensuring accurate measurement by the device within certain tolerances defined by the rule. An
appropriate security seal must be placed on all measuring devices found to be giving accurate measure
within the tolerances defined by DACS so that the metering adjustment cannot be changed without
breaking the seal.4

A measuring device found to be operating outside the tolerances defined by rule is deemed inaccurate
and DACS, at its discretion, must either:
 Give, in writing, the owner or manager of the measuring device a reasonable time to repair the
measuring device; or
 Condemn or prohibit further use of the measuring device by using an appropriate security seal
to obstruct operation without breaking the seal.5

It is unlawful to operate a measuring device that has been condemned or prohibited from further use by
DACS, without the written consent from DACS.6

It is also unlawful to:
 Install or operate a measuring device in this state which gives short measure.
 Break, cut, or remove any seal applied by DACS to a measuring device or container, unless
broken by a DACS registered meter mechanic for repair and adjustment. After repairs and

1
The Florida Department of Agriculture and Consumer Services, http://www.freshfromflorida.com/Divisions-Offices/Consumer-
Services (last visited Jan. 19, 2018).
2
Department of Agriculture and Consumer Services, Weights and Measures, https://www.fdacs.gov/Business-Services/Weights-and-
Measures (last visited Mar. 11, 2021).
3
S. 525.07(1), F.S.
4
S. 525.07(3), F.S.
5
S. 525.07(4), F.S.
6
S. 525.07(5), F.S.
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adjustments are made, the adjusting mechanism must immediately be resealed by the
registered meter mechanic with a seal clasp bearing at least the name or initials of the
registered mechanic, and the mechanic must immediately notify DACS of this action.7

Entities that adjust the accuracy of measuring devices are required to use test measures that have
been calibrated with standards traceable to the National Institute of Standards and Technology8 within
one year prior to the date of the adjustment for volumes of less than 500 gallons and within three years
before the date of the adjustment for volumes of 500 gallons or more.9

Security Measures

Owners or managers of retail measuring devices are required to have affixed or installed onto the
device one security measure to restrict the unauthorized access of customer payment card10
information. The security measure must include one or more of the following:
 The placement of pressure-sensitive security tape over the panel opening that leads to the
scanning device11 for the measuring device in a manner that will restrict the unauthorized
opening of the panel.
 A device or system that will render the measuring device or the scanning device in the
measuring device inoperable if there is an unauthorized opening of the panel.
 A device or system that encrypts the customer payment card information in the scanning
device.
 Another security measure approved by DACS.12

When a measuring device is found to have no security measure, or with an altered or damaged security
measure, DACS is required to send a written notice of noncompliance to the owner or manager. Upon
written notice, they are given five calendar days to comply. After the fifth day of noncompliance, DACS
is authorized to prohibit further use of the device until a security measure is installed, replaced, or
repaired. In addition, DACS is authorized to take the measuring device out of service if repeat violations
are found on the same measuring device,13 and may also seize any skimming device14 for use as
evidence.15

DACS is authorized to adopt rules to administer these requirements.16

Administrative Fines and Penalties

DACS has the authority to issue warning letters, impose administrative fines, or revoke or suspend any
registration issued by the department. In addition to the authority to issue a warning letter, impose an
administrative fine in the Class II category, or revoke or suspend any DACS issued registration,

7
S. 525.07(6) and (7), F.S.
8
National Institute of Standards and Technology (NIST), About NIST, https://www.nist.gov/about-nist (last visited Mar. 1, 2021). The
NIST, is a physical sciences laboratory and a non-regulatory agency of the United States Department of Commerce. Its mission is to
promote innovation and industrial competitiveness. NIST's activities are organized into laboratory programs that include nanoscale
science and technology, engineering, information technology, neutron research, material measurement, and physical measurement.
From 1901–1988, the agency was named the National Bureau of Standards.
9
S. 525.07(9), F.S.
10
S. 817.625(1)(b), F.S., defines “payment card” as a credit card, charge card, debit card, or any other card that is issued to an
authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a
merchant.
11
S. 817.625(1)(d), F.S., defines “scanning device” as a scanner, reader, or any other electronic device that may be used to access,
read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or
stripe, or other storage mechanism of a payment card or from another device that directly reads the information from a payment card.
The term does not include a skimming device.
12
525.07(10)(a), F.S.
13
525.07(10)(b), F.S.
14
S. 817.625(1)(b), F.S.
15
See s. 525.07(10), F.S.
16
R. 5J-21.009, F.A.C.
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DATE: 4/12/2021
violations are a first degree misdemeanor. DACS is authorized to submit cases for prosecution to the
state attorney, and bring an action in circuit court to enjoin the violation.17

According to DACS, in calendar year 2020:
 Forty-seven warning letters were issued to device owners who were found to have skimmers for
a second time.
 Fifty-six fines were levied against device owners who had previously received a warning letter,
but whose devices were again found to be compromised by skimmers.
 There were no revocations or suspensions.
 There were no civil cases brought seeking injunctions.18

The Division of Consumer Services adheres to the following process during skimmer enforcement:
 First skimmer detected – Business is notified that a skimmer was located and offered free
training on skimmer detection.
 Second skimmer detected (within one year) – Business receives a warning letter including the
dates the skimmers were found, along with notice that if they do not put additional safeguards in
place, the finding of additional skimmers could result in a penalty.
 Third and subsequent skimmers detected (within one year) – The business is asked to provide
information on the changes to their security or pump-monitoring program aimed at reducing the
skimmer risk to consumers. If no additional steps were taken, an administrative complaint is
issued for violations of law, which may result in a fine.19

Card Skimmers

Current law defines a “skimming device” as a self-contained device that is:
 Designed to read and store in the device's internal memory information encoded on the
computer chip, magnetic strip or stripe, or other storage mechanism of a payment card or from
another device that directly reads the information from a payment card; and
 Incapable of processing the payment card information for the purpose of obtaining, purchasing,
or receiving goods, services, money, or anything else of value from a merchant.20

According to DACS, card skimmers are small electronic devices illegally installed inside gas pumps that
collect information from the magnetic strip on a credit or debit card when it is used during a transaction.
They first began to appear in Florida in 2015 and have grown exponentially since.21

Initially these devices were attached to card readers on the outside of the gas pump, but now
scammers are installing them inside the pump and often employing Bluetooth technology or integrated
cell phone components to transmit card and PIN information.22

DACS inspects gas pumps at about 9,000 gas stations, truck stops, and marinas each year, and has
removed over 3,400 skimmers since 2015. Skimmers can be undetectable to consumers because of
their location inside gas pumps, and have a potential for $1 million in fraudulent charges per skimmer.23

Local Regulations

The Florida Constitution grants local governments broad home rule authority. Non-charter county
governments may exercise those powers of self-government that are provided by general or special

17
S. 525.16, F.S.
18
Blair Bodenmiller, Assistant Director of the Division of Consumer Services, Department of Agriculture and Consumer Services,
RE: HB 991 Skimmer Bill, (Mar. 4, 2021).
19
Id.
20
S. 817.625(1)(b), F.S.
21
Department of Agriculture and Consumer Services, Card Skimmers, https://www.fdacs.gov/Consumer-Resources/Scams-and-
Fraud/Card-Skimmers (last visited Mar. 11, 2021).
22
Id.
23
Id.
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law.24 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.25 Likewise,
municipalities26 have those governmental, corporate, and proprietary powers that enable them to
conduct municipal government, perform functions, provide services, and exercise any power for
municipal purposes, except as otherwise provided by law. 27

Currently, some local governments have adopted fuel pump security measures that are more restrictive
than the rules established by DACS in response to repeated skimming violations of certain
convenience stores. For instance, Lee County requires each fuel pump to be equipped with a visible
lock, a system that would render the pump inoperable if it is accessed without a security code, or a
device that encrypts customer payment card information.28 Failure to affix an adequate security
measure may result in fines of $250 per gas pump for every day that the appropriate devices are not
installed.29 Collier County,30 Charlotte County,31 and the Village of Estero32 also have local fuel pump
ordinances.

State Preemption

State preemption precludes a local government from exercising authority in a particular area and
requires consistency with the state constitution or state statute.33 A local government enactment may
be found inconsistent with state law if:
 The Legislature has preempted a particular subject area to the state; or
 The local regulation conflicts with a state statute.34

Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred.35 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent.36 When local ordinances have
been enacted in the face of state preemption, the effect has been to find such ordinances null and
void.37

Implied preemption is a legal doctrine created to address those situations in which the courts may have
been concerned by the legislature’s failure to expressly preempt areas, which, for all intents and
purposes, seemed dominated by the state. Findings of implied preemption are for a very narrow class
of areas in which the state has legislated pervasively.38

Effect of the Bill

PCS for HB 991 preempts to the state and DACS the regulation of measuring devices.

24
Art. VIII, s. 1(f), Fla. Const.
25
Art. VIII, s. 1(g), Fla. Const.
26
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.”
27
Art. VIII, s. 2(b), Fla. Const. See also s. 166.021(1), F.S.
28
See Lee County, Florida Ordinance No. 19-09.
29
Id.
30
See Collier County, Florida Ordinance No. 18-55.
31
See Charlotte County, Florida Ordinance No. 19-026.
32
See Village of Estero, Ordinance No. 18-25.
33
James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemption and Conflict Analysis, 83 Fla. B.J. 92
(June 2009), available at https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-
analysis/.
34
Id.
35
See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
36
Mulligan, 934 So. 2d at 1243.
37
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
38
Wolf and Bolinder, supra note 17.
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The PCS removes DACS’ authority to impose administrative fines and penalties for violations of
measuring device requirements, unless the person who owns or operates the measuring device has:
 Failed to install or implement a security measure; or
 Placed the measuring device back in service before compliance has been restored.
o However, if noncompliance is the result of damage or alteration after repair by the owner
or operator of the security measure, and the owner or operator demonstrates or provides
sufficient evidence of such repair, the owner or operator may not be fined.

The PCS adds the following additional security measures to the current list of security measures:
 The placement and maintenance of pressure-sensitive custom branded security tape unique to
the station in more than one location over the panel opening.
 A physical locking mechanism that requires an access key unique to each station to restrict the
unauthorized access of customer payment card information.
 A device or system that will sound an alarm to alert the owner or operator if there is an
unauthorized opening of the retail petroleum measuring device panel.
 A daily inspection of each measuring device that includes opening the panels, using an anti-
skimmer application that detects wireless based skimmers, and documenting such inspections.
 A device or system that permits customers to use a contactless payment method, such as an
electronic contact-free system, tap-and-go system, or mobile cryptographic system, for payment
that does not use a magnetic strip scanning device.

Effective January 1, 2022, the PCS requires owners or operators of a measuring device to affix or
install onto the measuring device at least two security measures, instead of one. The use and
maintenance of two security measures on each measuring device by an owner or operator is deemed
to be in compliance with security measure requirements.

The PCS removes:
 The requirement that DACS provide written notice to an owner or operator without a security
measure or with an altered or damaged security measure.
 The 5-day timeframe within which an owner or operator must take corrective action for a
security measure violation.
 The authority for DACS to immediately take the measuring device out of service for repeat
violations found on the same measuring device.

The PCS requires DACS, upon discovery of a measuring device without a security measure or with an
illegal skimming or filtering device or an altered or damaged security measure, to prohibit further use
until the security measure is installed, replaced, or repaired, and authorizes DACS to take a measuring
device that is in violation of the security measure requirements out of service until compliance is
restored.

The PCS requires an owner or operator of a measuring device that finds an illegal skimming or filtering
device or an altered or damaged security measure to report the illegal device or altered or damaged
measure to DACS within three business days of the discovery on a form prescribed by DACS.

B. SECTION DIRECTORY:
Section 1: Amends s. 525.07, F.S., relating to powers and duties of department; inspections;
unlawful acts.

Section 2: Amends s. 525.16, F.S., relating to administrative fine; penalties; prosecution of cases
by state attorney.

Section 3: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

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A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
Limiting the ability of the department to issue fines in certain circumstances may have an
insignificant fiscal impact on state government.

2. Expenditures:
Requiring the department to take devices out of service and monitoring whether the devices have
been repaired prior to being placed by in service may have an insignificant fiscal impact on state
government.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Preempting local governments from enacting additional requirements for fuel pump security
measures and enforcing such requirements will prevent a local government from imposing and
collecting fines from owners and operators of gas stations. The fiscal impact is unknown but could
be offset by a reduction in enforcement costs.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The PCS may provide a more predictable and uniform regulatory framework to owners and operators of
gas stations related to fuel pump security measures. The illegal practice of card skimming may be
reduced by the statewide enhancement of security measures required by owners of gas stations on
measuring devices.

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 from regulating measuring devices and collecting fines
from non-compliant owners. This may result in a decrease in fines collected. However, an exemption
may apply because the fiscal impact is likely to be insignificant since the costs expended regulating
and enforcing such measures will also decrease.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

None.

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DATE: 4/12/2021
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

PCS for HB 991 ORIGINAL 2021

1 A bill to be entitled
2 An act relating to petroleum fuel measuring devices;
3 amending s. 525.07, F.S.; revising the types of
4 certain security measures required to be affixed to or
5 installed onto retail petroleum fuel measuring
6 devices; requiring owners or operators of retail
7 petroleum fuel measuring devices to affix to or
8 install onto the measuring devices certain security
9 measures by a specified date; providing that the use
10 of certain measures complies with such requirement;
11 authorizing the Department of Agriculture and Consumer
12 Services to take certain retail petroleum fuel
13 measuring devices out of service until compliance is
14 restored; requiring owners or operators of retail
15 petroleum fuel measuring devices to report certain
16 illegal devices and altered or damaged measures to the
17 department; preempting the regulation of petroleum
18 fuel measuring devices to the state and the Department
19 of Agriculture and Consumer Services; prohibiting the
20 department from enforcing certain provisions for
21 violations of certain rules; amending s. 525.16, F.S.;
22 exempting department petroleum fuel measuring device
23 rules from enforcement under specified provisions;
24 providing an effective date.
25

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PCS for HB 991
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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

PCS for HB 991 ORIGINAL 2021

26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (10) of section 525.07, Florida
29 Statutes, is amended to read:
30 525.07 Powers and duties of department; inspections;
31 unlawful acts.—
32 (10)(a) Each person who owns or operates manages a retail
33 petroleum fuel measuring device shall have affixed to or
34 installed onto the measuring device a security measure to
35 restrict the unauthorized access of customer payment card
36 information. The security measure must include one or more of
37 the following:
38 1. The placement and maintenance of pressure-sensitive
39 security tape over the panel opening that leads to the scanning
40 device for the retail petroleum fuel measuring device in a
41 manner that will restrict the unauthorized opening of the panel
42 or the placement and maintenance of pressure-sensitive custom
43 branded security tape unique to the station in more than one
44 location over the panel opening.
45 2. A device or system that will render the retail
46 petroleum fuel measuring device or the scanning device in the
47 measuring device inoperable if there is an unauthorized opening
48 of the panel.
49 3. A device or system that encrypts the customer payment
50 card information in the scanning device.

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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

PCS for HB 991 ORIGINAL 2021

51 4. A physical locking mechanism that requires an access
52 key unique to each station to restrict the unauthorized access
53 of customer payment card information.
54 5. A device or system that will sound an alarm to alert
55 the owner or operator if there is an unauthorized opening of the
56 retail petroleum measuring device panel.
57 6. A daily inspection of each measuring device that
58 includes opening the panels, using an anti-skimmer application
59 that detects wireless based skimmers, and documenting such
60 inspections.
61 7. A device or system that permits customers to use a
62 contactless payment method, such as an electronic contact-free
63 system, tap-and-go system, or mobile cryptographic system, for
64 payment that does not use a magnetic strip scanning device.
65 8.4. Another security measure approved by the department.
66 (b) Effective January 1, 2022, the owner or operator of a
67 retail petroleum fuel measuring device shall have affixed to or
68 installed onto the measuring device at least two of the security
69 measures under paragraph (a). The use and maintenance of two
70 security measures on each measuring device by an owner or
71 operator is deemed to be in compliance with this subsection.
72 (c)(b) The owner or manager of A retail petroleum fuel
73 measuring device without a security measure or with an illegal
74 skimming or filtering device or an altered or damaged security
75 measure, upon discovery by the department, shall be prohibited

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PCS for HB 991 ORIGINAL 2021

76 from further use until the security measure is installed,
77 replaced, or repaired. The department may take a retail
78 petroleum fuel measuring device that is in violation of s.
79 525.07(10) out of service until compliance is restored upon
80 written notice from the department of such noncompliance, shall
81 have 5 calendar days to comply with this subsection. After the
82 fifth day of noncompliance, the department may prohibit further
83 use of the retail petroleum fuel measuring device until a
84 security measure is installed, replaced, or repaired. A repeat
85 violation found on the same retail petroleum fuel measuring
86 device will be cause for the department to immediately take the
87 measuring device out of service.
88 (d) If the owner or operator of a retail petroleum fuel
89 measuring device finds an illegal skimming or filtering device
90 or an altered or damaged security measure, the owner or operator
91 shall report the illegal device or altered or damaged measure to
92 the department within 3 business days of the discovery on a form
93 prescribed by the department.
94 (e)(c) For purposes of this subsection, the terms
95 "scanning device" and "payment card" have the same meanings as
96 defined in s. 817.625.
97 (f)(d) This subsection applies only to retail petroleum
98 fuel measuring devices that have a scanning device.
99 (g)(e) The department may seize without warrant any
100 skimming device, as defined in s. 817.625, for use as evidence.

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PCS for HB 991 ORIGINAL 2021

101 (h)(f) The regulation of retail petroleum fuel measuring
102 devices is preempted to the state. The department shall enforce,
103 and may adopt rules to administer, this subsection; however, s.
104 525.16 may not be used to enforce this section unless the owner
105 or operator of a retail petroleum fuel measuring device has
106 failed to install or implement security measures pursuant to
107 this section or has placed the measuring device back in service
108 before compliance with this section has been restored. However,
109 if noncompliance is the result of damage or alteration after
110 repair by the owner or operator of the security measure, and the
111 owner or operator demonstrates or provides sufficient evidence
112 of such, the department may not use s. 525.16 to enforce this
113 section.
114 Section 2. Subsection (6) is added to section 525.16,
115 Florida Statutes, to read:
116 525.16 Administrative fine; penalties; prosecution of
117 cases by state attorney.—
118 (6) This section may not be used to enforce s. 525.07(10)
119 or rules adopted thereunder unless the owner or operator of a
120 retail petroleum fuel measuring device has failed to install or
121 implement security measures pursuant to s. 525.07(10) or has
122 placed the measuring device back in service before compliance
123 with s. 525.07(10) has been restored. However, if noncompliance
124 is the result of damage or alteration after repair by the owner
125 or operator of the security measure, and the owner or operator

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PCS for HB 991 ORIGINAL 2021

126 demonstrates or provides sufficient evidence of such, the
127 department may not use this section to enforce 525.07(10).
128 Section 3. Except as otherwise provided, this act shall
129 take effect July 1, 2021.

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PCS for HB 991
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COMMERCE COMMITTEE

PCS for HB 991 by Rep. Busatta Cabrera
Petroleum Fuel Measuring
Devices

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. Busatta Cabrera (line 88):
The amendment:
• Removes the requirement that an owner or operator of a retail petroleum fuel
measuring device report an illegal skimming device or altered or damaged security
measure to the Department of Agriculture and Consumer Services within three
business days of discovery.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 991 (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 Busatta Cabrera offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 88-93
6
7
8 -----------------------------------------------------
9 T I T L E A M E N D M E N T
10 Remove lines 14-17 and insert:
11 restored; preempting the regulation of petroleum

PCS for HB 991 a1
Published On: 4/13/2021 4:18:11 PM
Page 1 of 1
PCS for HB 1311
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1311 Public Records and Public Meetings/Public Service Commission
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS: SB 7066

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Keating Hamon

SUMMARY ANALYSIS

Current law provides public record exemptions for proprietary confidential business information provided to and
held by the Public Service Commission (PSC). The PSC has established practices and procedures to ensure
that this information is protected from disclosure during evidentiary hearings that must be held in compliance
with the Sunshine Law. Rarely, however, the PSC may find that a case is so heavily intertwined with
confidential information, or the volume of that information so substantial, that its practices and procedures are
not sufficient to allow it conduct a public hearing while also protecting the confidential information. In this
circumstance, the PSC may forward the matter for a formal administrative hearing before the Division of
Administrative Hearings (DOAH), which is authorized to hold a closed hearing.

The bill creates a public meeting exemption for those portions of a hearing held by the PSC in which
proprietary confidential business information that is confidential or exempt from disclosure as a public record is
discussed. The bill provides that no exempt portion of a hearing may be off the record and that all exempt
portions must be recorded and transcribed.

The bill also creates a public record exemption for these recordings and transcriptions. Each such recording or
transcription is confidential and exempt from disclosure as a public record unless a court of competent
jurisdiction determines that the relevant portion of the hearing was not restricted to the discussion of
proprietary confidential business information that is confidential or exempt from disclosure as a public record.
If the court makes such a determination, only that portion of the recording and transcript which reveals
nonexempt information may be disclosed to a third party.

These exemptions will allow the PSC to close those portions of a hearing in which information that is
confidential or exempt from disclosure as a public record is discussed. This may avoid the need for the PSC to
send certain cases to DOAH for a closed hearing when those cases are heavily intertwined with or involve a
substantial volume of confidential or exempt information.

The bill provides a statement of public necessity as required by the Florida Constitution. The bill provides that
this public meeting and public record exemption is subject to the Open Government Sunset Review Act and
will stand repealed on October 2, 2026, unless the Legislature reviews and reenacts the exemptions by that
date.

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

The bill provides an effective date of upon becoming law.

Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public meeting or public record
exemption. The bill creates a new public meeting and public record exemption; thus, it requires a two-
thirds vote for final passage.

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

Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government; counties, municipalities, and districts;
and each constitutional officer, board, and commission, or entity created pursuant to law or the Florida
Constitution. The Legislature, however, may provide by general law for the exemption of records from
the requirements of article I, section 24(a) of the Florida Constitution.1 The general law must state with
specificity the public necessity justifying the exemption2 and must be no broader than necessary to
accomplish its purpose.3

Public Meetings
The Florida Constitution requires all meetings of any collegial public body of the executive branch of
state government or any collegial public body of a county, municipality, school district, or special
district, at which official acts are to be taken or at which public business of such body is to be
transacted or discussed, be open and noticed to the public.7 Public policy regarding access to
government meetings also is addressed in the Florida Statutes. Section 286.011, F.S., known as the
“Government in the Sunshine Law” or “Sunshine Law,” further requires all meetings of any board or
commission of any state agency or authority, or of any agency or authority of any county, municipality,
or political subdivision, at which official acts are to be taken must be open to the public at all times.8
The board or commission must provide reasonable notice of all public meetings.9 Public meetings may
not be held at any location that discriminates on the basis of sex, age, race, creed, color, origin, or
economic status or that operates in a manner that unreasonably restricts the public’s access to the
facility.10 Minutes of a public meeting must be promptly recorded and open to public inspection.11

1 Art. I, s. 24(c), FLA. CONST.
2 This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3 Art. I. s. 24(c), FLA. CONST.
4 S. 119.15, F.S.
5 S. 119.15(6)(b), F.S.
6 S. 119.15(3), F.S.
7 Art. 1, s. 24(b), FLA. CONST.
8 S. 286.011(1), F.S.
9 S. 286.011(1), F.S.
10 S. 286.011(6), F.S.
11 S. 286.011(2), F.S.

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Failure to abide by public requirements will invalidate any resolution, rule, or formal action adopted at a
meeting.12 A public officer or member of a governmental entity who violates the Sunshine Law is
subject to civil and criminal penalties.13

Proceedings before the Public Service Commission
The Public Service Commission (PSC) is an arm of the legislative branch of government.14 The role of
the PSC is to ensure that Florida's consumers receive some of their most essential services – electric,
natural gas, telephone, water, and wastewater – in a safe, affordable, and reliable manner. In doing so,
the PSC exercises regulatory authority over utilities in one or more of three key areas: rate
base/economic regulation; competitive market oversight; and monitoring of safety, reliability, and
service issues.15 The PSC possesses extensive expertise in the unique legal and policy considerations
applicable to Florida’s regulated utilities and their ratepayers and employs this expertise when it
conducts administrative hearings and independently weighs the evidence presented.16

Each meeting, workshop, hearing, or other proceeding attended by two or more PSC commissioners,
and each proceeding where a decision that concerns the rights or obligations of any person is made,
must be streamed live on the Internet.17 Further, a recorded copy of each such meeting, workshop,
hearing, or proceeding must be made available on the commission's website.18

Although it is authorized to refer matters to the Division of Administrative Hearings (DOAH) for formal
evidentiary hearings and fact finding,19 the PSC is unique among state agencies in that it conducts
most of its own formal evidentiary hearings.20 In these hearings, commissioners rule on procedural
matters, establish evidence of record, weigh the record evidence, and apply the law to the facts of the
case. Many of these hearings involve some amount of proprietary confidential business information
that is exempted by statute from public disclosure,21 as described below.

All formal administrative hearings conducted by the PSC are noticed and open to the public, consistent
with the Sunshine Law. The PSC has established practices and procedures that allow these hearings
to be conducted in a manner that complies with the Sunshine Law and protects proprietary confidential
business information from disclosure. In these hearings, confidential material typically plays a minor
role in the resolution of any particular issue, and the parties avoid public disclosure of this material by
stipulating to certain matters and keeping discussions of confidential matters, which generally occur
during cross examination, minimal and without mention of critical details. Recently, however, the PSC
has found certain dockets where fact-finding on one or more issues is so intertwined with confidential
information, and the volume of that information is so substantial, that it cannot afford the parties a full
and fair hearing in the public and also protect the confidential information.22

Public Record Exemptions for Proprietary Confidential Business Information held by the PSC
Current law provides that any records received by the PSC which are shown and found by the PSC to
be proprietary confidential business information must be kept confidential and are exempt from public
disclosure.23 For these purposes, the law defines proprietary confidential business information as
“information, regardless of form or characteristics, which is owned or controlled by the person or
company, is intended to be and is treated by the person or company as private in that the disclosure of
the information would cause harm to the ratepayers or the person’s or company’s business operations,
and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or

12 S. 286.011(1), F.S.
13 S. 286.011(3), F.S. Penalties include a fine of up to $500 or a second degree misdemeanor.
14 S. 350.001, F.S.
15 Florida Public Service Commission, http://www.psc.state.fl.us/ (last visited March 11, 2021).
16 Florida Public Service Commission, Agency Analysis of 2021 House Bill 1311, p. 1 (March 4, 2021).
17 S. 350.01(8), F.S.
18 Id.
19 Ss. 350.125 and 120.569(2), F.S.
20 FPSC, supra note 16, at 1. These formal evidentiary hearings consist of hearings conducted pursuant to ss. 120.569 and 120.57, F.S.
21 Id.
22 FPSC, supra note 16, at 1.
23 See ss. 366.093, 367.156, and 368.108, F.S.Records obtained under ch. 364 must be kept confidential by the PSC and are exempt from public
disclosure upon a claim by the person providing the records. S. 364.183, F.S.
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administrative body, or private agreement that provides that the information will not be released to the
public.” This information includes, but is not limited to:
 Trade secrets.
 Internal auditing controls and reports of internal auditors.
 Security measures, systems, or procedures.
 Information concerning bids or other contractual data, the disclosure of which would impair the
efforts of the public utility or its affiliates to contract for goods or services on favorable terms.
 Information relating to competitive interests, the disclosure of which would impair the
competitive business of the provider of the information.
 Employee personnel information unrelated to compensation, duties, qualifications, or
responsibilities.24

Any PSC finding that records contain proprietary confidential business information is effective for a
period set by the PSC not to exceed 18 months, unless the PSC finds, for good cause, that the
protection from disclosure should be for a specified longer period.25

Effect of the Bill

The bill creates a public meeting exemption for those portions of a hearing held by the PSC wherein
proprietary confidential business information that is confidential or exempt from disclosure as a public
record is discussed. The bill provides that no exempt portion of a hearing may be off the record and
that all exempt portions must be recorded and transcribed.

The bill also creates a public record exemption for these recordings and transcriptions. Each such
recording or transcription is confidential and exempt from disclosure as a public record unless a court of
competent jurisdiction determines that the relevant portion of the hearing was not restricted to the
discussion of proprietary confidential business information that is confidential or exempt from disclosure
as a public record. If the court makes such a determination, only that portion of the recording and
transcript which reveals nonexempt information may be disclosed to a third party.

These exemptions will allow the PSC to close those portions of a hearing in which information that is
confidential or exempt from disclosure as a public record is discussed. This may avoid the need for the
PSC to send certain cases to DOAH for a closed hearing when those cases are heavily intertwined with
or involve a substantial volume of confidential or exempt information.

The bill provides a statement of public necessity as required by the Florida Constitution, which provides
the following legislative findings:
 The PSC is charged by statute with establishing just, fair, and compensatory utility rates, and
the fact-finding role of the PSC is integral in its decision making, as all PSC decisions must be
supported by a record of competent, substantial evidence.
 Under certain circumstances, the PSC must be able to evaluate and discuss proprietary
confidential business information in order to make a determination in the public interest, and
parties must be able to conduct cross-examination on such information in formal evidentiary
proceedings.
 It is a public necessity that those portions of formal administrative hearings before the PSC at
which proprietary confidential business information is discussed, and the associated portions of
hearing transcripts, be made exempt from the Sunshine Law to allow parties to conduct cross-
examination on such information and the PSC to evaluate the information and make a
determination in the public interest.

The bill provides that the exemptions are subject to the Open Government Sunset Review Act and will
repeal on October 2, 2026, unless the Legislature reviews and reenacts the exemption by that date.

B. SECTION DIRECTORY:

24 See ss. 364.183, 366.093, 367.156, and 368.108, F.S.
25 Id.

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Section 1 Amends s. 350.01, F.S., to create a public record and public meeting exemption.

Section 2 Provides a statement of public necessity.

Section 3 Provides an effective date of upon becoming a law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

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.

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2. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created public meeting or public record exemption. The bill
creates a new public meeting and public record exemption; thus, it requires a two-thirds vote for final
passage.

Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public meeting or public record exemption. The bill creates a new public
meeting and public record exemption and includes a statement supporting the public necessity for
these exemptions.

Breadth of Exemption
Article I, section 24(c) of the Florida Constitution requires a newly created public meeting or public
record exemption to be no broader than necessary to accomplish the stated purpose of the law. The
bill creates a public meeting exemption for only those portions of a hearing held by the PSC in which
confidential proprietary business information that is confidential or exempt from disclosure under
existing public record exemptions in ss. 364.183, 366.093, 367.156, and 368.108, F.S., is discussed.
The bill creates a public record exemption for only those portions of the associated hearing
recordings and transcripts that reveal such information. As such, these exemptions do not appear to
be in conflict with the constitutional requirement that they be no broader than necessary to
accomplish their purpose.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.

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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

PCS for HB 1311 2021

1 A bill to be entitled
2 An act relating to public records and public meetings;
3 amending s. 350.01, F.S.; providing an exemption from
4 public meeting requirements for portions of hearings
5 before the Public Service Commission wherein
6 proprietary confidential business information is
7 discussed; requiring recording and transcription of
8 exempt portions of such hearings; providing an
9 exemption from public record requirements for such
10 recordings and transcripts; providing for future
11 legislative review and repeal of the exemptions under
12 the Open Government Sunset Review Act; providing a
13 public necessity statement; providing an effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (9) of section 350.01, Florida
19 Statutes, is created to read:
20 350.01 Florida Public Service Commission; terms of
21 commissioners; vacancies; election and duties of chair; quorum;
22 proceedings; public record and public meeting exemption.—
23 (8) Each meeting, including each internal affairs meeting,
24 workshop, hearing, or other proceeding attended by two or more
25 commissioners, and each such meeting, workshop, hearing, or

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PCS for HB 1311 2021

26 other proceeding where a decision that concerns the rights or
27 obligations of any person is made, shall be streamed live on the
28 Internet, and a recorded copy of the meeting, workshop, hearing,
29 or proceeding shall be made available on the commission's
30 website.
31 (9) Notwithstanding the provisions of subsection (8),
32 those portions of a hearing conducted by the commission wherein
33 proprietary confidential business information that is
34 confidential or exempt from s. 119.07(1), pursuant to s.
35 364.183, 366.093, 367.156, or 368.108, is discussed, are exempt
36 from s. 286.011 and s. 24(b), Art. I of the State Constitution.
37 No exempt portion of a hearing may be off the record and all
38 exempt portions shall be recorded and transcribed. Such
39 recordings and transcripts are confidential and exempt from s.
40 119.07(1) and s. 24(a), Art. I of the State Constitution unless
41 a court of competent jurisdiction, after an in camera review,
42 determines that the hearing was not restricted to the discussion
43 of proprietary confidential business information made
44 confidential and exempt pursuant to s. 364.183, 366.093,
45 367.156, or 368.108. In the event of such judicial
46 determination, only that portion of the recording and transcript
47 which reveals nonexempt information may be disclosed to a third
48 party. This subsection is subject to the Open Government Sunset
49 Review Act in accordance with s. 119.15 and shall stand repealed
50 on October 2, 2026, unless reviewed and saved from repeal

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PCS for HB 1311 2021

51 through reenactment by the Legislature.
52 Section 2. The Legislature finds that it is a public
53 necessity that those portions of hearings conducted by the
54 Public Service Commission at which proprietary confidential
55 business information that is confidential or exempt from s.
56 119.07(1), Florida Statutes, pursuant to s. 364.183, 366.093,
57 367.156, or 368.108, Florida Statutes, is discussed, is exempt
58 from s. 286.011, Florida Statutes, and s. 24(b), Article I of
59 the State Constitution. Pursuant to its legislative directive
60 under chapters 364, 366, 367, and 368, Florida Statutes, the
61 commission is the tribunal charged with establishing just, fair,
62 and compensatory utility rates. As such, the commission has the
63 authority to adjudicate all matters within its jurisdiction, and
64 its administrative hearings are conducted in compliance with
65 chapter 120, Florida Statutes. The fact-finding role of the
66 commission is integral in its decision-making, and all
67 commission decisions must be supported by record competent,
68 substantial evidence. Accordingly, under certain circumstances,
69 the commission must be able to evaluate and discuss proprietary
70 confidential business information in order to make a
71 determination in the public interest. In addition, parties must
72 be permitted to conduct cross-examination when testimony is
73 taken or documents are made a part of the record under s.
74 120.569(2)(j), Florida Statutes. For this reason the Legislature
75 finds that the disclosure of proprietary confidential business

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76 information could significantly impair the ability of utilities
77 regulated by the commission to fairly compete within the
78 marketplace by revealing such information. Furthermore, such
79 disclosure could harm the businesses with which such utilities
80 contract by revealing the businesses’ proprietary confidential
81 business information and make it less likely for such businesses
82 to do business with regulated utilities in the future. The
83 Legislature further finds that the disclosure of proprietary
84 confidential business information would cause harm to the
85 company’s ratepayers or business operations. Given such harms,
86 the disclosure of this information could negatively impact
87 customers of regulated utilities and result in higher utility
88 prices or lower quality of service overall. The Legislature
89 further finds that it is a public necessity that the recordings
90 and transcripts of those portions of hearings wherein
91 proprietary confidential business information is discussed be
92 made confidential and exempt from s. 119.07(1), Florida
93 Statutes, and s. 24(a), Article I of the State Constitution.
94 Failure to exempt such recordings and transcripts would defeat
95 the purpose of the public meeting exemption. Therefore, the
96 Legislature finds that the public and private harm in disclosing
97 proprietary confidential business information outweighs any
98 public benefit derived from the disclosure of such information.
99 Section 3. This act shall take effect upon becoming a law.

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PCB COM 21-03
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCB COM 21-03 Gaming Enforcement
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Thompson Hamon

In Florida, the investigation of illegal gambling is handled by law enforcement officers (as opposed to
regulators). In the absence of an overarching state gaming regulatory authority, local or county law
enforcement and prosecutors are assigned such matters. For example, the Department of Business and
Professional Regulation (DBPR), Division of Pari-Mutuel Wagering (division) does not have authority over
illegal gaming, though as in other states it may obtain information on such matters. As a result, the actual
prosecution of such matters is normally referred to the county or local prosecuting authority.

The bill creates the Florida Gaming Control Commission (commission) and establishes additional enforcement
measures to address violations of gambling laws and the conduct of unauthorized gaming in the state,
including granting additional investigatory and prosecutorial authority to the Office of Statewide Prosecution in
the Department of Legal Affairs (DLA).

The bill establishes requirements and standards for the commission, commissioners and its employees,
including:
• Conflict of interest and ethics requirements.
• Background screenings.
• Annual recertification of pari-mutuel operating licensees.
• Inspection, taxation, and law enforcement authority.
• Authority to seize illegal gaming contraband.
• Subpoena powers.
• Review of the division’s licensure and application procedures.
• Prohibition of ex parte communication.

Effective July 1, 2022:
• Provides that the commission is the state compliance agency to carry out the state’s oversight
responsibilities under the 2010 Compact with the Seminole Tribe.
• Provides for a type two transfer from DBPR to the commission, therefore the commission will become
the regulatory agency for pari-mutuel wagering, cardroom, and slot machine licensees.
• Requires DLA to provide administrative support to the commission until the transfer is complete.
• Directs the Division of Law Revision to prepare a reviser’s bill to conform the type two transfer.

The bill may have an indeterminate negative fiscal impact on state and local government.

The bill, except as otherwise expressly provided, is effective on the same date that PCB COM 21-05 or similar
legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof
and becomes a 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:
Present Situation

Background

In general, gambling is illegal in Florida. 1 Chapter 849, F.S., prohibits keeping a gambling house, 2
running a lottery, 3 or the manufacture, sale, lease, play, or possession of slot machines. 4 However, the
following gaming activities are authorized by law and regulated by the state:
• Pari-mutuel 5 wagering at licensed greyhound and horse tracks and jai alai frontons; 6
• Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County; 7 and
• Cardrooms 8 at certain pari-mutuel facilities. 9

A license to offer pari-mutuel wagering, slot machine gambling, or a cardroom at a pari-mutuel facility is
a privilege granted by the state. 10

The 1968 State Constitution states that “lotteries, other than the types of pari-mutuel pools authorized
by law as of the effective date of this constitution . . .” are prohibited. 11 A constitutional amendment
approved by the voters in 1986 authorized state-operated lotteries. Net proceeds of the lottery are
deposited to the Educational Enhancement Trust Fund (EETF) and appropriated by the Legislature.
Lottery operations are self-supporting and function as an entrepreneurial business enterprise. 12

Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante
games, 13 bingo, 14 charitable drawings, 15 game promotions (sweepstakes), 16 and bowling

1
S. 849.08, F.S.
2
S. 849.01, F.S.
3
S. 849.09, F.S.
4
S. 849.16, F.S.
5
“Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,
after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
6
See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
7
See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
8
S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of
value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
9
The Department of Business and Professional Regulation (DBPR) has issued licenses to permitholders with 2021-2022 Operating
Licenses to operate 27 cardrooms. See http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/permitholder-operating-
licenses-2021-2022/ (last visited Apr. 7, 2021).
10
See s. 550.1625(1), F.S., “…legalized pari-mutuel betting at dog tracks is a privilege and is an operation that requires strict
supervision and regulation in the best interests of the state.” See also, Solimena v. State, 402 So.2d 1240, 1247 (Fla. 3d DCA 1981),
review denied, 412 So.2d 470, which states “Florida courts have consistently emphasized the special nature of legalized racing,
describing it as a privilege rather than as a vested right,” citing State ex rel. Mason v. Rose, 122 Fla. 413, 165 So. 347 (1936).
11
The pari-mutuel pools that were authorized by law on the effective date of the Florida Constitution, as revised in 1968, include
horseracing, greyhound racing, and jai alai games. The revision was ratified by the electorate on November 5, 1968.
12
The Department of the Lottery is authorized by s. 15, Art. X, Florida Constitution. Chapter 24, F.S., was enacted by ch. 87-65, Laws
of Fla., to establish the state lottery. Section 24.102, F.S., states the legislative purpose and intent for the operations of the state lottery.
13
S. 849.085, F.S.
14
S. 849.0931, F.S.
15
S. 849.0935, F.S.
16
S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
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tournaments. 17 The Family Amusement Games Act was enacted in 2015 and authorizes skill-based
amusement games and machines at specified locations. 18

Lotteries

Section 7 of Article X of the 1968 State Constitution provides, “Lotteries, other than the types of pari-
mutuel pools authorized by law as of the effective date of this constitution, are hereby prohibited in this
state.” 19

To allow activities that would otherwise be illegal lotteries, the Legislature has carved out several
narrow exceptions to the statutory lottery prohibition. Statutory exceptions are provided for charitable
bingo, charitable drawings, and game promotions. Charities use drawings or raffles as a fundraising
tool. Organizations suggest a donation, collect entries, and randomly select an entry to win a prize.
Under s. 849.0935, F.S., qualified organizations may conduct drawings by chance, provided the
organization has complied with all applicable provisions of Chapter 496, F.S. Game promotions, often
called sweepstakes, are advertising tools by which businesses promote their goods or services. As
they contain the three elements of a lottery: consideration, chance, and prize, they are generally
prohibited by Florida law unless they meet a statutory exception. 20

In 1986, Florida voters approved an amendment to the Florida Constitution to allow the state to operate
a lottery. The Florida Lottery—known formally as the Florida Education Lotteries—benefits education
by funding the State Education Lotteries Trust Fund. Section 15 of Article X of the State Constitution
(adopted by the electors in 1986) provides as follows:

Lotteries may be operated by the state…. On the effective date of this amendment, the
lotteries shall be known as the Florida Education Lotteries. Net proceeds derived from the
lotteries shall be deposited to a state trust fund, to be designated The State Education
Lotteries Trust Fund, to be appropriated by the Legislature. The schedule may be
amended by general law. 21

Indian Gaming and Regulatory Act

Gambling on Indian lands is subject to federal law, with limited state involvement. The Indian Gaming
and Regulatory Act (IGRA), codified at 25 USCA §§ 2701-2721, was enacted in 1988 in response to
the United State Supreme Court decision in California v. Cabazon Band of Mission Indians, 480 U.S.
202 (1987). The act provides for “a system for joint regulation by tribes and the Federal Government of
class II gaming on Indian lands and a system for compacts between tribes and States for regulation of
class III gaming.” 22 In so doing, IGRA seeks to balance the competing interests of two sovereigns: the
interests of the Tribe in engaging in economic activities for the benefit of its members and the interest
of the state in either prohibiting or regulating gaming activities within its borders. 23

17
S. 849.141, F.S.
18
S. 546.10, F.S.
19
The pari-mutuel pools that were authorized by law on the effective date of the Florida Constitution, as revised in 1968, include
horseracing, greyhound racing, and jai alai games. The new state constitution was ratified by the electorate on November 5, 1968.
20
Little River Theatre Corp v. State, 185 So. 854, 868 (Fla. 1939).
21
The Department of the Lottery is authorized by Article X, Section 15 of the Florida Constitution. Chapter 24, F.S., was enacted by
ch. 87-65, L.O.F., to establish the state lottery. Section 24.102, F.S., creates the Department of the Lottery and states the Legislature’s
intent that it be self-supporting and revenue-producing and function as an entrepreneurial business enterprise.
22
United States Senate Report No. 100-446, Aug. 3, 1988.
23
Id.
24
25 U.S.C. 2703(6).
25
25 U.S.C. 2710(a)(1).
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• Class II games are bingo and card games that are explicitly authorized or are not explicitly
prohibited by the laws of the State. 26 The tribes may offer Class II card games “only if such card
games are played in conformity with those laws and regulations (if any) of the State regarding
hours or periods of operation of such card games or limitations on wagers or pot sizes in such
card games.” Class II gaming does not include “any banking card games, including baccarat,
chemin de fer, or blackjack (21), or electronic or electromechanical facsimiles of any game of
chance or slot machines of any kind.” 27 Class II games are also within the jurisdiction of the
Indian tribes, but are also subject to the provisions of IGRA. 28
• Class III games are defined as any games that are not Class I or Class II. Class III games
include slot machines and banked card games such as blackjack, baccarat and chemin de fir. 29

A tribe can qualify to offer Class III games in the following ways:
• If the state authorizes Class III games for any purpose to any person, organization, or entity, the
tribe must:
o Authorize the games by an ordinance or resolution adopted by the governing body of the
Indian tribe, approved by the Chairman of the National Indian Gaming Commission, and
in compliance with IGRA; and
o Conduct the games in conformance with a Tribal-State compact entered into between
the tribe and the State. 30
• If the state does NOT authorize Class III gaming for any purpose by any person, organization,
or entity, the tribe must request negotiations for a tribal-state compact governing gaming
activities on tribal lands. Upon receiving such a request, the state may be obligated to negotiate
with the Indian tribe in good faith. 31 Under IGRA, a tribe is not entitled to a compact.

When the negotiations fail to produce a compact, a tribe may file suit against the state in federal court
and seek a determination of whether the state negotiated in good faith. If the court finds the state
negotiated in good faith, the tribe's proposal fails. On a finding of lack of good faith by the state,
however, the court may order negotiation, followed by mandatory mediation. If the state ultimately
rejects a court-appointed mediator's proposal, the Secretary “shall prescribe, in consultation with the
Indian tribe, procedures... under which class III gaming may be conducted.” 32

Generally, in accordance with IGRA, a compact may include the following provisions:
• The application of the criminal and civil laws and regulations of the Indian tribe or the State that
are directly related to, and necessary for, the licensing and regulation of gaming;
• The allocation of criminal and civil jurisdiction between the State and the Indian tribe necessary
for the enforcement of laws and regulations;
• An assessment in an amount necessary to defray the costs of regulation;
• Revenue sharing by the Indian tribe for permitted activities;
• Remedies for breach of contract;
• Standards for the operation of gaming and gaming facilities, including licensing; and
• Any other subjects that are directly related to the operation of gaming activities. 33

26
25 U.S.C. 2703(7)(A).
27
25 U.S.C. 2703(7)(B).
28
25 U.S.C. 2710(a)(2) and (b).
29
25 U.S.C. 2703; 25 C.F.R. § 502.4.
30
25 U.S.C. 2710(d)(1).
31
25 U.S.C. 2710 (d)(3)(A).
32
25 U.S.C. 2710(d)(7). This option is addressed in Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), which brought into
question whether a tribe has the ability to judicially enforce the provisions of IGRA against a state. The Department of the Interior
adopted rules to provide a remedy for the tribes. The validity of the rules were brought into question in Texas v. United States, 497
F.3d 491, (5th Cir. 2007).
33
25 U.S.C. 2710 (d)(3)(C).
34
25 U.S.C. 2710(d)(3)(B).
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Secretary has 45 days to approve or disapprove the compact. 35 A compact will be considered approved
if the Secretary fails to act within the 45-day period. A compact that has not been validly “entered into”
by a state and a tribe (e.g., execution of a compact by a state officer who lacks the authority to bind the
state) cannot be put “into effect”, even if the Secretary of the Interior publishes the compact in the
Federal Register. 36

There is no explicit provision under IGRA that authorizes revenue sharing. IGRA specifically states:

Nothing in this section shall be interpreted as conferring upon a State or any of its political
subdivisions authority to impose any tax, fee, charge, or other assessment upon an Indian
tribe or upon any other person or entity authorized by an Indian tribe to engage in a class III
activity. No State may refuse to enter into the negotiations described in paragraph (3) (A)
based upon the lack of authority in such State, or its political subdivisions, to impose such a
tax, fee, charge, or other assessment. 37

Notwithstanding this restriction, revenue sharing is permissible so long as the tribe receives a valuable
economic benefit in return. Typically, such benefit is in the form of substantial exclusivity in game
offerings, geographic monopoly and/or a right to conduct such offerings on more favorable terms than
non-Indians. 38

The 2010 Compact

The Tribe and the State executed the 2010 Compact on April 7, 2010, which was ratified through
Chapter 285, F.S. The 2010 Compact took effect when published in the Federal Register on July 6,
2010 and all but the banked card game authorization has a term of 20 years, expiring July 31, 2030,
unless renewed.

The 2010 Compact provides for revenue sharing from the Tribe to the State. For the exclusive authority
to offer banked card games on tribal lands at five locations for five years and to offer slot machine
gaming outside Miami-Dade and Broward Counties, the Tribe pays the State a share of “net win”
Revenue sharing payments were approximately $240 million per year. The 2010 Compact required the
Tribe to share revenue with the State in the amount of $1 billion over the first five years.

Section 285.710(1)(f), F.S., designates the Division within DBPR as the “state compliance agency”
responsible for carrying out the state’s oversight responsibilities under the 2010 Compact.

The State of Florida retains the right to authorize or prohibit gaming in the state. However, the 2010
Compact provides consequences for the expansion of gaming:
• If new forms of Class III gaming and casino-style gaming are authorized for the eight licensed
pari-mutuel facilities located in Miami-Dade and Broward counties (which may not relocate) and
the net win from the Tribe’s Broward facilities drops for the year after the new gaming begins,
then the Tribe may reduce the payments from its Broward facilities by 50 percent of the amount
of the reduction in net win.
• If new forms of Class III gaming and other casino-style gaming are authorized for other
locations in Miami-Dade and Broward counties, then the Tribe may exclude the net win from
their Broward facilities from their net win calculations when the new games begin to be played. 39

35
25 U.S.C. 2710(d)(8)(C).
36
See Pueblo of Santa Ana v. Kelly, 104 F.3d 1546 (10th Cir. 1997).
37
25 U.S.C. 2710(d)(4).
38
See generally In re Indian Gaming Related Cases, 331 F.3d 1094 (9th Cir. 2003)(upholding revenue sharing where revenues were
apportioned to non-gaming tribes); see also Letter From Gale A. Norton, Secretary of the Department of the Interior, to Cyrus
Schindler, President of the Seneca Nation of Indians, November 12, 2002.
39
The Tribe would automatically be authorized to conduct the same games authorized for any other person at any location.
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Miami-Dade and Broward counties that was not authorized for such games before February 1,
2010; and
• The new gaming begins to be offered for private or public use.

Starting in July 2015, DBPR and the Seminole Tribe engaged in litigation over the conduct of
“designated player” card games at pari-mutuel facilities.

On November 9, 2016 a federal court ruled that the State had violated the terms of the Compact and
the Tribe was entitled to continue offering banked card games beyond the initial 5-year blackjack
authorization and may continue offering such games for the entire 20-year term of the Compact
(expiring July 2030). The Tribe continued to make full revenue sharing payments to the State
throughout the course of the litigation. The parties did not raise, and consequently the ruling did not
address, the future revenue sharing obligations of the Tribe.

The parties subsequently executed a settlement agreement in July 2017, which was extended in April
2018. Under the settlement agreement, the Tribe agreed to continue revenue sharing payments
provided that DBPR “aggressively enforced” the statutory ban on banking card games.

In April 2019 the Tribe stopped revenue sharing payments to the State because the Tribe believed that
aggressive enforcement had not occurred.

Regulation of Pari-mutuel Wagering

The Division of Pari-mutuel Wagering (division) in the Department of Business and Professional
Regulation (DBPR) regulates pari-mutuel wagering. The division has regulatory oversight of permitted
and licensed pari-mutuel wagering facilities, cardrooms located at pari-mutuel facilities, and slot
machines at pari-mutuel facilities located in Miami-Dade and Broward counties. According to the
division, there were eight license suspensions, and $19,075 in fines assessed for violations of all pari-
mutuel statutes and administrative rules in Fiscal Year 2019-2020. 40

Ten permitholders were not issued operating licenses for Fiscal Year 2020-2021: two greyhound
permitholders, 41 two jai alai permitholders, 42 one limited thoroughbred permitholder, 43 and five quarter
horse permitholders. 44

Issuance of Pari-mutuel Permits and Annual Licenses

Section 550.054, F.S., provides that any person meeting the qualification requirements of ch. 550, F.S.,
may apply to the division for a permit to conduct pari-mutuel wagering. Upon approval, a permit must
be issued to the applicant that indicates:
• The name of the permitholder;
• The location of the pari-mutuel facility;
• The type of pari-mutuel activity to be conducted; and

40
Department of Business and Professional Regulation Division of Pari-mutuel Wagering, 89th Annual Report for Fiscal Year 2019-
2020, AnnualReport-2019-2020--89th--20210224.pdf pg. 5, (last visited Apr. 7, 2021).
41
Jefferson County Kennel Club (Monticello) and North American Racing Association (Key West).
42
Gadsden Jai-alai (Chattahoochee) and Tampa Jai Alai.
43
Under s. 550.3345, F.S., during Fiscal Year 2010-2011 only, holders of quarter horse racing permits were allowed to convert their
permits to a thoroughbred racing permit, conditioned upon specific use of racing revenues for enhancement of thoroughbred purses
and awards, promotion of the thoroughbred horse industry, and the care of retired thoroughbred horses. Two conversions occurred,
Gulfstream Park Thoroughbred After Racing Program (GPTARP) (Hallandale, Broward County), which was licensed to operate in
2019-2020, and Ocala Thoroughbred Racing (Marion County), which was not licensed to operate.
44
ELH Jefferson (Jefferson County), DeBary Real Estate Holdings (Volusia County), North Florida Racing (Jacksonville), Pompano
Park Racing (Pompano Beach), and St. Johns Racing (St. Johns County). See
http://www.myfloridalicense.com/dbpr/pmw/documents/PermitholdersList_2020-2021.pdf (last visited Apr. 7, 2021).
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• A statement showing qualifications of the applicant to conduct pari-mutuel performances under
ch. 550, F.S.

A permit does not authorize any pari-mutuel performances until approved by a majority of voters in a
ratification election in the county in which the applicant proposes to conduct pari-mutuel wagering
activities. An application may not be considered, nor may a permit be issued by the division or be voted
upon in any county, for the conduct of:
• Harness horse racing, quarter horse racing, thoroughbred horse racing, or greyhound racing at
a location within 100 miles of an existing pari-mutuel facility; or
• Jai alai games within 50 miles of an existing pari-mutuel facility. 45

Distances are measured on a straight line from the nearest property line of one pari-mutuel facility to
the nearest property line of the other facility. 46

After issuance of the permit and a ratification election, the division may issue an annual operating
license for wagering at the specified location in a county, indicating the time, place, and number of days
during which pari-mutuel operations may be conducted at the specified location. 47

The division may revoke or suspend any permit or license upon the willful violation by the permitholder
or licensee of any provision of ch. 550, F.S., or any administrative rule adopted by the division, and
may impose a civil penalty against the permitholder or license up to $1,000 for each offense. 48

Slot Machine Gaming Locations and Operations

Section 32 of Art. X of the State Constitution, adopted pursuant to a 2004 initiative petition, authorized
slot machines in licensed pari-mutuel facilities in Broward and Miami-Dade, if approved by county
referendum. The voters in Broward and Miami-Dade counties approved slot machine gaming. Slot
machine gaming in the state is limited to Broward and Miami-Dade counties, and as authorized by
federal law, in the tribal gaming facilities of the Seminole Tribe.

Current law addresses slot machine gaming operations as follows:
• Restricts the issuance of slot machine licenses to licensed pari-mutuel permitholders, for slot
machine gaming only at the facility where pari-mutuel wagering is authorized to be conducted
by the permitholder; 49
• Limits slot machine gaming to 18 hours per day, Monday through Friday, and 24 hours on
Saturdays and Sundays; 50 and
• Prohibits the service of complimentary or reduced-cost alcoholic beverages to persons playing a
slot machine, among other prohibitions. 51

Cardrooms

Section 849.086, F.S., authorizes cardrooms at certain pari-mutuel facilities. 52 In Fiscal Year 2021-
2022, 27 cardrooms are licensed to operate. 53 A license to offer pari-mutuel wagering, slot machine

45
S. 550.054(2), F.S.
46
Id.
47
S. 550.054(9)(a), F.S.
48
S. 550.054(9)(b), F.S.
49
S. 551.104(3), F.S.
50
S. 551.116, F.S.
51
S. 551.121, F.S.
52
S. 849.086(2)(c), F.S., defines “cardroom” to mean a facility where authorized games are played for money or anything of value and
to which the public is invited to participate in such games and charges a fee for participation by the operator of such facility.
53
Department of Business and Professional Regulation, Pari-mutuel Wagering – Permitholder Operating Licenses 2021-2022,
http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/permitholder-operating-licenses-2021-2022/ (last visited
Apr. 7, 2021).
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gaming, or a cardroom at a pari-mutuel facility is a privilege granted by the state. 54 A cardroom may be
open 18 hours per day on Monday through Friday, and 24 hours per day on Saturday and Sunday. 55

Sections 849.086(5) and (6), F.S., provide that a licensed pari-mutuel permitholder that holds a valid
pari-mutuel permit may hold a cardroom license authorizing the operation of a cardroom and the
conduct of authorized games at the cardroom. An authorized game is a game or series of games of
poker or dominoes. 56 Such games must be played in a non-banking manner, 57 where the participants
play against each other, instead of against the house (cardroom). At least four percent of the gross
cardroom receipts of greyhound racing permitholders and jai alai permitholders conducting live races or
games must supplement greyhound purses, and quarter horse permitholders must have a contract with
a horsemen’s association governing the payment of purses on live quarter horse races conducted by
the permitholder. 58

Live Performance Requirements

A license to offer pari-mutuel wagering, slot machine gambling, or a cardroom at a pari-mutuel facility is
a privilege granted by the state. 59 Currently the State requires that:
• To offer intertrack or simulcast wagering, permitholders must conduct a full schedule of live
racing as defined in ch. 550 and meet other requirements. 60
• To remain eligible for a cardroom license, permitholders must conduct at least 90 percent of the
performances conducted the year they applied for the initial cardroom license or the prior year,
if the permitholder ran a full schedule of live performances. 61
• To remain eligible for a slot machine license, permitholders must conduct a full schedule of live
racing as defined in ch. 550. 62

Amendment 3 to the State Constitution (Voter Control of Gambling)

During the 2018 General Election, the electorate approved an initiative constitutional amendment
(Amendment 3, Voter Control of Gambling in Florida). The amendment is codified in the State
Constitution as article X, section 30). 63

Amendment 3 requires a vote proposed by citizen’s initiative to amend the State Constitution pursuant
to Article XI, section 3 to authorize “casino gambling” in Florida. Casino gambling is defined in section
(b) of Amendment 3 as:
• Any of the “types of games typically found in casinos” and that are:
o Within the definition of Class III gaming in the Federal Indian Gaming Regulatory Act, 25
U.S.C. 2701 et seq; and
o In 25 C.F.R. § 502.4 upon the adoption of the amendment and any that are added to
such definition of Class III gaming in the future.

Section (b) of Amendment 3 provides that casino gambling includes but is not limited to the following:

54
Solimena v. State, 402 So.2d 1240, 1247 (Fla. 3d DCA 1981), review denied, 412 So.2d 470, states “Florida courts have
consistently emphasized the special nature of legalized racing, describing it as a privilege rather than as a vested right,” citing State ex
rel. Mason v. Rose, 122 Fla. 413, 165 So. 347 (1936). See s. 550.1625(1), F.S., “…legalized pari-mutuel betting at dog tracks is a
privilege and is an operation that requires strict supervision and regulation in the best interests of the state.”
55
S. 849.086(7)(b), F.S.
56
S. 849.086(2)(a), F.S.
57
Id.
58
S. 849.086(13)(d), F.S.
59
See s. 550.1625(1), F.S., (legalized pari-mutuel betting at dog tracks “is a privilege and is an operation that requires strict
supervision and regulation in the best interests of the state”).
60
S. 550.615, F.S.
61
s. 849.086(5)(b), F.S.
62
s. 551.104(4)(c), F.S.
63
See the text of Amendment 3, now codified as art. X, s. 30, at
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes&CFID=44933245&CFTOKEN=f39b1
ca7cab71561-BE329BC7-5056-B837-1A6123F335C4849F#A10S30 (last visited Apr. 7, 2021).
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DATE: 4/13/2021
• Any house banking game, including but not limited to card games such as baccarat, chemin de
fer, blackjack (21), and pai gow (if played as house banking games);
• Any player-banked game that simulates a house banking game, such as California blackjack;
• Casino games such as roulette, craps, and keno;
• Any slot machines as defined in 15 U.S.C. 1171(a)(1); and
• Any other game not authorized by Article X, section 15 of the State Constitution, relating to state
operated lotteries, whether or not defined as a slot machine, in which outcomes are determined
by random number generator or are similarly assigned randomly, such as instant or historical
racing.

Section (b) of Amendment 3 also further defines “casino gambling” as including the following devices:
• Any electronic gambling devices;
• Simulated gambling devices;
• Video lottery devices;
• Internet sweepstakes devices; and
• Any other form of electronic or electromechanical facsimiles of any game of chance, slot
machine, or casino-style game, regardless of how such devices are defined under the Indian
Gaming Regulatory Act.

Under Amendment 3, the term casino “casino gambling” does not include pari-mutuel wagering on
horse racing, dog racing, or jai alai exhibitions. For the purposes of Amendment 3, “gambling” and
“gaming” are synonymous.

Additionally, Amendment 3 provides:

Nothing in Amendment 3 shall be deemed to limit the right of the Legislature to exercise its
authority through general law to restrict, regulate, or tax any gaming or gambling activities.
In addition, nothing in Amendment 3 shall be construed to limit the ability of the state or
Native American tribes to negotiate gaming compacts pursuant to the Federal Indian
Gaming Regulatory Act for the conduct of casino gambling on tribal lands, or to affect any
existing gambling on tribal lands pursuant to compacts executed by the state and Native
American tribes pursuant to the Indian Gaming Regulatory Act.

By its terms, Amendment 3 became effective on November 6, 2018, is self-executing, and no legislative
implementation is required. If any part of Amendment 3 is held invalid for any reason, the remaining
portion(s) must be severed from the invalid portion and given “the fullest possible force and effect.”

Amendment 13 to the State Constitution (Prohibition on Racing of and Wagering on
Greyhounds or Other Dogs)

During the 2018 General Election, the electorate approved an initiative constitutional amendment
(Amendment 13, Prohibition on Racing of and Wagering on Greyhounds or Other Dogs). The
amendment is codified in the State Constitution as article X, section 32.64

Amendment 13 states that, beginning on January 1, 2019, greyhound tracks may discontinue live
greyhound racing while continuing to operate its other forms of gaming. Beginning on January 1, 2021,
Amendment 13 completely prohibits wagering on live greyhound racing in Florida, requiring the closure
of all greyhound racetracks in the state. Cardroom and slot machine facilities at the greyhound tracks
may continue to operate after the closure of racing activities.

64 64
See the text of Amendment 13, now codified as art. X, s. 32, at
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A10S32 (last visited Apr. 11, 2021).
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United States Gaming Regulatory Agencies (Gaming Commissions)

The National Council of Legislators from Gaming States (NCLGS) is an organization of state
lawmakers which meets to discuss gaming issues, and includes committees on lotteries, pari-mutuels,
casinos, responsible gaming, Indian gaming issues, and telephone/internet wagering. 65

Regulatory resources cited by NCLGS include the:
• Association of Racing Commissioners International, Inc. (ARCI), a non-profit corporation
founded in the 1930’s to uphold uniform pari-mutuel racing rules and practice, serves as a
resource for pari-mutuel rulings, including equine medication issues. The ARCI works to
preserve the integrity of horseracing, jai-alai, and dog-racing. 66
• North American Gaming Regulators Association (NAGRA), created in 1984, includes as
members federal, state, local, tribal, and provincial government gaming regulators. 67
• National Indian Gaming Commission (NIGC), established under the Indian Gaming Regulatory
Act, is an independent federal regulatory agency charged with the regulation of Indian gaming
on Indian land, specifically to protect tribes from corrupt influences, including organized crime,
to make sure it is tribes that are receiving the benefit of Indian gaming, and to ensure that fair
playing practices that protect tribes and players are adhered to. The NIGC maintains a list of
gaming tribes on its site, searchable by tribe or state. 68
• International Association of Gaming Regulators (IAGR), which is an organization of international
government agencies responsible for the regulation of gaming in their home jurisdictions
concerned with sharing information and resources among each other on issues relevant to the
regulation of gaming. 69

According to NAGRA, there are approximately 75 gaming regulatory agencies in the United States and
Canada, including lottery commissions, pari-mutuel commissions, racing commissions, casino control
commissions, and gambling control commissions. 70 Two of the most well-known gaming control entities
are the Nevada Gaming Commission and Gaming Control Board, 71 and the New Jersey Casino Control
Commission. 72

In Nevada, members of the Board and Commission are appointed by the Governor of Nevada to four-
year terms. In addition to other requirements, each member must be a resident of Nevada and no
member may hold elective office while serving. Members are also not permitted to possess any direct
pecuniary interest in gaming activities while serving in their capacity as members. 73

The New Jersey Casino Control Commission is the independent licensing authority of the state’s
casinos and key employees, comprised of up to three members, appointed by the governor and
confirmed by the state senate. 74 As a quasi-judicial panel, the commission conducts hearings on
contested casino key employee license matters, and appeals from decisions and penalties imposed by
the state’s division of gaming enforcement. Commissioners serve staggered, five-year terms and may
only be removed for cause. 75 The commission notes:
• The success and ongoing viability of the gaming industry remains inextricably linked to the
public's confidence that the State of New Jersey will ensure that people in the industry possess

65
The National Council of Legislators from Gaming States, https://www.nclgs.org/index.php/about-us (last visited Apr. 7, 2021).
66
Association of Racing Commissioners International, http://arci.com/ (last visited Apr. 7, 2021).
67
North American Gaming Regulators Association, https://www.nagra.org/default.aspx (last visited Apr. 7, 2021).
68
National Indian Gaming Commission, https://www.nigc.gov/ (last visited Apr. 7, 2021).
69
International Association of Gaming Regulators https://www.iagr.org/ (last visited April 10, 2021).
70
See links to the numerous state and province gaming regulatory agencies, commissions, control boards, and lotteries at
https://www.nagra.org/State-and-Province-Gaming-Regulatory-Agencies (last visited Apr. 7, 2021).
71
Nevada Gaming Commission and Gaming Control Board, https://gaming.nv.gov/ (last visited Apr. 7, 2021).
72
New Jersey Casino Control Commission, https://www.nj.gov/casinos/ (last visited Apr. 7, 2021).
73
Nevada Gaming Control Board, Information Packet, https://gaming.nv.gov/index.aspx pg. 3, (last visited Apr. 7, 2021).
74
New Jersey Casino Control Commission, Overview, https://www.nj.gov/casinos/about/overview/ (last visited Apr. 7, 2021
75
Id.
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good character, honesty and integrity. Stewardship over that public confidence is a principal
responsibility of the Commission and its Chairman.
• The Commission's regulatory efforts through the years have helped create an environment in
which New Jersey's casinos can prosper and from which the citizens of New Jersey benefit.
With proper regulatory controls, the industry serves as a catalyst to create economic benefits for
Atlantic City, the Greater Atlantic City Region, and the entire State of New Jersey. 76

Effect of the Bill

Department of Legal Affairs Office of Statewide Prosecution

The bill amends s. 16.56(1)(a), F.S., relating to the Office of Statewide Prosecution in the Department
of Legal Affairs (office), to authorize the office to investigate and prosecute, in addition to gambling
offenses, any violation of ch. 24, F.S., (State Lotteries), ch. 546, F.S., (Amusement Facilities), ch. 550,
F.S., (Pari-mutuel Wagering), ch. 551, F.S., (Slot Machines), or ch. 849, F.S., (Gambling), including
violations referred by the Department of Agriculture and Consumer Services, the Department of
Business and Professional Regulation (DBPR), the Department of the Lottery, the Gaming Control
Commission, the Seminole Tribe of Florida, or any person licensed under those chapters.

Florida Gaming Control Commission

The bill creates s. 16.71, F.S., to establish a Gaming Control Commission (commission), to be
administratively housed in the Department Legal Affairs, Office of the Attorney General. The
commission is a separate budget entity and serves as the agency head for all purposes, and is a
criminal justice agency as defined in s. 119.011, F.S. The commission is not subject to control,
supervision, or direction by the Department of Legal Affairs or the Attorney General in the performance
of its duties, including but not limited to personnel, purchasing transactions involving real or personal
property, and budget matters.

The commission consists of five members, one from each appellate district, to be appointed by the
Governor by January 1, 2022, subject to Senate confirmation. Of the five members:
• At least one member with at least 10 years of experience in law enforcement and criminal
investigation.
• At least one member must be a certified public accountant licensed in this state with at least 10
years of experience in accounting and auditing.
• At least one member must be an attorney admitted and authorized to practice law in this state
for the preceding 10 years.

After initial appointments to create staggered terms, all members will serve four year terms, but may not
serve more than 8 years. The salary of a member is the same as a commissioner serving on the Public
Service Commission (approximately $136,000 annually).

A person is ineligible for appointment to the commission if they have:
• Been convicted of or found guilty of or pleading nolo contendere to, regardless of adjudication,
in any jurisdiction, a felony or misdemeanor that directly relates to related to gambling,
dishonesty, theft, or fraud within the 10 years immediately preceding such appointment;
• Been convicted of or found guilty of or pleading nolo contendere to, regardless of adjudication,
in any jurisdiction, a forcible felony or a sexual predator crime; or
• Had a permit or license issued under ch. 546, F.S., (Amusement Facilities), ch. 550, F.S., (Pari-
mutuel Wagering), ch. 551, F.S., (Slot Machines), or ch. 849, F.S., (Gambling), or a gaming
licensed issued by any other jurisdiction denied, suspended, or revoked.

The Governor may remove a member for cause, including, but not limited to, circumstances in which
the member:
• Commits gross misconduct or malfeasance in office;

76
Id.
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• Substantially neglects or is unable to discharge his or her duties as a member; or
• Is convicted of or found guilty of or pleading nolo contendere to, regardless of adjudication, in
any jurisdiction, a felony or misdemeanor that directly relates to related to gambling, dishonesty,
theft, or fraud.

The Governor may remove a member without cause subject to approval by a majority of the Senate.
Upon a member’s resignation or removal from office, the Governor must appoint a successor who,
subject to confirmation by the Senate, will serve the remainder of the unfinished term.

A person may not apply to the Governor for appointment to the commission until after a background
investigation of the person is conducted by the Department of Law Enforcement and the investigation is
forwarded to the Governor.

A person who holds any office in a political party, who has been convicted of a felony, or who has been
convicted of a misdemeanor related to gambling within the previous 10 years may not apply to the
Governor for appointment.

The Governor may not solicit or request any nominations, recommendations or communications about
potential candidates for appointment to the commission from:
• Any person that holds a permit or license issued under chs. 550, 551, 546, or 849, an officer,
official, or employee of such permitholder or licensee, or an ultimate equitable owner, as defined
in s. 550.002(37), F.S., of such permitholder or licensee.
• Any officer, official, employee, contractor, or subcontractor of a tribe that has a valid and active
compact with the state or an entity employed, licensed, or contracted by such tribe, or an
ultimate equitable owner, as defined in s. 550.002(37),F.S., of such entity.
• Any registered lobbyist for the executive or legislative branch that represents any person or
entity identified above.

Commission Employees

All commission employees, except the executive director and attorneys, are subject to part II of ch. 110,
F.S., relating to the Career Service System, which provides uniform personnel rules, guidelines,
records, and reports related to employees and positions in career service developed by the Department
of Management Services (DMS) in consultation with affected agencies.

The commission’s executive director is subject to part III of ch. 110, F.S., relating to the Senior
Management Service System, which is a separate system of personnel administration for positions in
the executive branch the duties and responsibilities of which are primarily and essentially policymaking
or managerial in nature. The Senior Management Service is limited to those positions which are exempt
from the Career Service System and for which the salaries and benefits are set by DMS in accordance
with the rules of the Senior Management Service.

Attorneys employed by the commission are subject to part V of ch. 110, F.S., relating to the Selected
Exempt Service System, which positions include those which are exempt from the Career Service
System and the salaries and benefits are set by DMS in accordance with the rules of the Selected
Exempt Service. DMS designates all positions included in the Selected Exempt Service as either
managerial/policymaking, professional, or nonmanagerial/nonpolicymaking.

For a period of 4 years immediately preceding appointment to, or employment with, the commission,
and while appointed or employed with the commission, a person may not:
• Hold a permit or license issued under ch. 550, F.S., (Pari-mutuel Wagering), a license issued
under ch. 551, F.S., (Slot Machines), ch. 546, F.S., (Amusement Facilities) or ch. 849, F.S.,
(Gambling); be an officer, official, or employee of such permitholder or licensee; or be an
ultimate equitable owner, as defined in s. 550.002(37), F.S.,77 of such permitholder or licensee;

77
Section 550.002, F.S., defines the term “ultimate equitable owner” to mean “a natural person who, directly or indirectly, owns or
controls 5 percent or more of an ownership interest in a corporation, foreign corporation, or alien business organization, regardless of
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DATE: 4/13/2021
• Be an officer, official, employee, or other person with duties or responsibilities relating to a
gaming operation owned by an Indian tribe that has a valid and active compact with the state;
be a contractor or subcontractor of such tribe or an entity employed, licensed, or contracted by
such tribe; or be an ultimate equitable owner, as defined in s. 550.002(37), of such entity;; or
• Be a registered lobbyist for the executive or legislative branch, except while a commissioner
when solely representing the commission.

Persons are ineligible for appointment to or employment with the commission if, within the 4 years
immediately preceding such appointment or employment, he or she:
• Has violated the above employment restrictions; or
• Has solicited or accepted employment with, acquired any direct or indirect interest in, or has had
any direct or indirect business association, partnership, or financial relationship with, or is a
relative of, any person or entity who is an applicant, licensee, or registrant with the division or
the commission.

The bill defines “relative” as a spouse, father, mother, son, daughter, grandfather, grandmother,
brother, sister, uncle, aunt, cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-
law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister,
half-brother, or half-sister.

A person is ineligible for employment with the commission if:

• the person has been convicted of a felony within 5 years of the date of application;
• convicted of a misdemeanor within 5 years of the date of application which the commission
determines bears a close relationship to the duties and responsibilities of the position for which
employment is sought; or
• dismissed from prior employment for gross misconduct or incompetence or if he or she
intentionally made a false statement concerning a material fact in connection with his or her
application to the commission.

If an employee of the commission is charged with a felony while employed by the commission, the
commission must suspend the employee, with or without pay, and terminate employment with the
commission upon conviction. If an employee of the commission is charged with a misdemeanor while
employed by the commission, the commission must suspend the employee, with or without pay, and
may terminate employment with the commission upon conviction if the commission determines that the
offense for which he or she has been convicted bears a close relationship to the duties and
responsibilities of the position held with the commission.

All employees authorized by the commission must have access to and the right to inspect premises
licensed by the division, to collect and remit taxes, and to examine the books and records of all
licensees and permitholders. The authorized employees must require strict compliance by each
licensee and permitholder with Florida law relating to such licenses and permits.

Restrictions After Appointment or Employment

For the 6 years immediately following the date of resignation or termination from the commission, and
for the 2 years immediately following the date of termination or resignation from employment with the
commission, a person may not:
• Hold a permit or license issued under ch. 550, F.S., (Pari-mutuel Wagering), a license issued
under ch. 551, F.S., (Slot Machines), ch. 546, F.S., (Amusement Facilities) or ch. 849, F.S.,
(Gambling);, be an officer, official, or employee of such permitholder or licensee, or be an
ultimate equitable owner, as defined in s. 550.002(37), F.S., of such permitholder or licensee;

whether such person owns or controls such ownership through one or more natural persons or one or more proxies, powers of
attorney, nominees, corporations, associations, partnerships, trusts, joint stock companies, or other entities or devices, or any
combination thereof.”
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• Be an officer, official, employee, or other person with duties or responsibilities relating to a
gaming operation owned by an Indian tribe that has a valid and active compact with the state;
be a contractor or subcontractor of such tribe or an entity employed, licensed, or contracted by
such tribe; or be an ultimate equitable owner, as defined in s. 550.002(37), of such entity; or
• Lobby the Governor or any agency of the state, members or employees of the Legislature, or
any county or municipal government or governmental agency.

Violations of this provisions are subject to the penalties for violations of standards of conduct for public
officers, employees of agencies, and local government attorneys provided in s. 112.317, F.S., and a
civil penalty of an amount equal to the compensation which the person receives for the prohibited
conduct.

Commission Law Enforcement Officers

Each employee serving as a law enforcement officer for the commission must meet the qualifications
for employment or appointment as a law enforcement officer under s. 943.13, F.S., and be certified as a
law enforcement officer by the Department of Law Enforcement under ch. 943, F.S. Upon certification,
each law enforcement officer has statewide jurisdiction and is subject to and has the same authority
provided in ch. 901, F.S., for law enforcement officers generally. Each officer also has arrest authority
pursuant to s. 901.15, F.S., and possesses the full law enforcement powers granted to other peace
officers of this state, including the authority to make arrests, carry firearms, serve court process, and
seize contraband and the proceeds of illegal activities.

The responsibilities of each officer are:
• Primarily, to investigate, enforce, and prosecute, throughout the state, violations and violators of
ch. 24, F.S., (State Lotteries), ch. 285, F.S., (Indian Reservations and Affairs), ch. 546, F.S.,
(Amusement Facilities), ch. 550, F.S., (Pari-mutuel Wagering), ch. 551, F.S., (Slot Machines), or
ch. 849, F.S. (Gambling), and the rules adopted thereunder, as well as other state laws that the
division officers or all state law enforcement officers are specifically authorized to enforce.
• Secondarily, to enforce all other state laws, provided that the enforcement is incidental to
exercising the officer’s primary responsibilities described above.

The bill provides an officer may exercise the powers of a deputy sheriff only after consultation or
coordination with the appropriate local sheriff’s office or municipal police department, or when the
division participates in the Florida Mutual Aid Plan during a declared state emergency.

Seizure of Contraband

The commission and its law enforcement officers are specifically authorized to seize any contraband in
accordance with the Florida Contraband Forfeiture Act. For purposes of this section, "contraband" has
the same meaning as s. 932.701(2)(a)2., which includes, any gambling paraphernalia, lottery tickets,
money, currency, or other means of exchange which was used, was attempted, or intended to be used
in violation of the gambling laws of the state.

The commission is specifically authorized to store and test any contraband that is seized in accordance
with the Florida Contraband Forfeiture Act and may authorize any of its staff to implement this
provision.

The bill authorizes the commission to adopt rules to implement this provision, and specifies that this
provision does not limit the authority of any other person authorized by law to seize contraband.

The bill amends s. 932.701, F.S., the Florida Contraband Forfeiture Act to include in the definition of
“contraband article” certain gaming related terms, including, equipment, gambling device, apparatus,
material of gaming, proceeds, substituted proceeds, real or personal property, and Internet domain
name. The bill also updates the violations in this section to include violations of ch. 24, F.S., (State
Lotteries), ch. 285, F.S., (Indian Reservations and Affairs), ch. 546, F.S., (Amusement Facilities), ch.
550, F.S., (Pari-mutuel Wagering), ch. 551, F.S., (Slot Machines), or ch. 849, F.S. (Gambling).
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Commission Powers and Duties

The commission must convene at the call of the chair, or at the request of a majority of its members,
and:
• Exercise all state regulatory and executive powers respecting gambling, including, without
limitation, pari-mutuel wagering, cardrooms, slot machine facilities, oversight of gaming
compacts executed by the state pursuant to the Federal Indian Gaming Regulatory Act, and any
other forms of gambling authorized by the state constitution or law, but not lottery games
operated by the state.
• Establish procedures consistent with ch. 120, F.S., (Administrative Procedure Act) to ensure
adequate due process in exercising its regulatory and executive functions.
• Ensure that Florida law is not interpreted in any manner that expands the activities authorized in
ch. 24, F.S., (State Lotteries), ch. 285, F.S., (Indian Reservations and Affairs), ch. 546, F.S.,
(Amusement Facilities), ch. 550, F.S., (Pari-mutuel Wagering), ch. 551, F.S., (Slot Machines), or
ch. 849, F.S. (Gambling).
• Review any matter within the scope of the jurisdiction of the division.
• Review the regulation of licensees, permitholders, or persons regulated by the division and the
procedures used by the division to implement and enforce the law.
• Review the procedures of the division used to qualify applicants for a license, permit, or
registration.
• Refer criminal violations of ch. 24, F.S., (State Lotteries), ch. 546, F.S., (Amusement Facilities),
ch. 550, F.S., (Pari-mutuel Wagering), ch. 551, F.S., (Slot Machines), or ch. 849, F.S.,
(Gambling) to the appropriate state attorney or to the Office of Statewide Prosecution, as
applicable.
• Exercise all other powers and perform any other duties prescribed by the Legislature.

The presence of three members is required to constitute a quorum, and the affirmative vote of the
majority of the members present is required for any action or recommendation by the commission. The
commission may meet in any city or county of the state.

The bill authorizes the commission to subpoena witnesses and compel their attendance and testimony,
administer oaths and affirmations, take evidence, and require by subpoena the production of any
books, papers, records, or other items relevant to the commission’s duties or powers. The commission
may meet in any city or county of the state.

The commission chair may schedule hearings to determine whether enforcement of the gaming laws of
this state is sufficient to protect residents from an abuse or misinterpretation of law that may expand
gaming or gambling in this state. The chair may direct that a hearing be held before one member or a
panel of less than the full commission, and must adopt rules to provide for the filing of a report for
hearings held by a single commissioner or a panel and prescribe the requirements for the content and
filing of such reports.

The commission may submit written recommendations to enhance the enforcement of Florida gaming
laws to the Governor, the President of the Senate, and the Speaker of the House of Representatives,
and is authorized to contract or consult with other state agencies as may be needed to discharge its
duties.

The bill requires the commission’s exercise of executive powers in the area of planning, budgeting,
personnel management, and purchasing to conform to state law. The commission must develop annual
budget requests pursuant to ch. 216, F.S., relating to Planning and Budgeting; while a budget is not
subject to change by the Department of Legal Affairs or the Attorney General, it must be submitted by
the Department of Legal Affairs to the Governor for transmittal to the Legislature.

All rules adopted pursuant to ch. 285, F.S., (Indian Reservations and Affairs), ch. 546, F.S.,
(Amusement Facilities), ch. 550, F.S., (Pari-mutuel Wagering), ch. 551, F.S., (Slot Machines), or ch.

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849, F.S. (Gambling), prior to the effective date of the act are preserved and remain in full force and
effect.

The commission must exercise all of the regulatory and executive powers granted to it, and apply,
construe, and interpret all laws and administrative rules, in a manner consistent with the gaming
compact ratified, approved, and described in s. 285.710(3), F.S.

Background Screening

The bill provides that prior to serving on the commission or being employed by the commission, a
person must submit their fingerprints for a fingerprint-based search by the Florida Department of Law
Enforcement (FDLE) and the Federal Bureau of the Investigation (FBI) databases for state and national
criminal arrest records. If the person is a foreign national, he or she must also submit any necessary
documentation to allow the commission to conduct a criminal history records check in the person’s
home country.

The bill requires the person to have his or her fingerprints taken by a vendor approved by FDLE 78 and
electronically sent to FDLE. The FDLE must forward the set of fingerprints to the FBI. All fingerprints
submitted to FDLE, must be retained by FDLE and enrolled in the national retained print arrest
notification program at the FBI, effective when FDLE begins participation in the program. The
commission must notify FDLE when a person, whose fingerprints have been retained, is no longer a
commissioner or employed by the commission.

The bill provides that the commission is responsible for the costs of fingerprint processing, including the
costs for retaining the fingerprints.

Annual Report

The bill requires the commission to make an annual report to the Governor, the President of the
Senate, and the Speaker of the House of Representatives. The report must, at a minimum, include the
following:
• Recent events in the gaming industry, including pending litigation, pending facility license
applications, and new and pending rules.
• Actions of the commission relative to the implementation and administration of this law.
• The state revenues and expenses associated with each form of authorized gaming. Revenues
and expenses associated with pari-mutuel wagering must be further delineated by the class of
license.
• The performance of each pari-mutuel wagering licensee, cardroom licensee, and slot licensee.
• A summary of disciplinary actions taken by the department.
• The receipts and disbursements of the gaming commission.
• A summary of actions and investigations taken by the gaming commission.
• Any additional information and recommendations that the commission considers useful or that
the Governor, the Speaker of the House or the President of the Senate requests.

The bill requires the commission to annually, prior to the issuance of an operating license, confirm that
each permitholder has submitted proof with their annual application for a license, in such a form as the
commission may require, that the permitholder continues to possess the qualifications prescribed by
chapter 550, F.S., and that the permit has not been disapproved by voters in an election.

Standards of Conduct

78
FDLE keeps a list of vendors, who have met FDLE’s technical specifications for electronic submission of fingerprints, on their
website. FDLE, Livescan Service Providers, http://www.fdle.state.fl.us/Criminal-History-
Records/Documents/InternetDoc_ServiceProviders.aspx (last visited Apr. 11, 2021).
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The bill creates s. 16.715, F.S., to provide standards of conduct and prohibit ex parte communications
(i.e., communications from only one party to a proceeding). Commissioners are public officers and
employees of the commission are public employees subject to the Code of Ethics for Public Officers
and Employees set forth in part III of ch. 112, F.S., (Code of Ethics), but they are also governed by
standards of conduct and provisions limiting ex parte communications, as provided in the bill, similar to
the standards applicable to commissioners serving on the Public Service Commission. The standards
of conduct may be more restrictive than the Code of Ethics but may not be construed to contravene the
restrictions of Code of Ethics. In the event of a conflict, the more restrictive provision applies. Many of
the prohibitions involve activities with persons regulated by the commission (regulated entity).

A commissioner or employee:
• May not accept anything from any business entity which, either directly or indirectly, owns or
controls any regulated entity, or from any business entity which, either directly or indirectly, is an
affiliate or subsidiary of any regulated entity.
• May attend conferences along with associated meals and events that are generally available to
all conference participants without payment of fees in addition to the conference fee.
• May attend meetings, meals, or events while attending a conference, that are not sponsored, in
whole or in part, by any representative of any regulated entity and that are limited to
commissioners or employees only, committee members, or speakers, if the commissioner or
employee is a member of a committee of the association of regulatory agencies that organized
the conference or is a speaker at the conference;
• May attend a conference for which conference participants who are employed by a regulated
entity have paid a higher conference registration fee than the commissioner or employee, or to
attend a meal or event that is generally available to all conference participants without payment
of any fees in addition to the conference fee, and that is sponsored, in whole or in part, by a
regulated entity.
o If during the course of an investigation by the Commission on Ethics into an alleged
violation, a person is alleged to have given or provided a prohibited gift, that person must
be given notice and an opportunity to participate in the investigation and relevant
proceedings to present a defense; and
o If the Commission on Ethics determines that the person gave or provided a prohibited
gift, the person may not appear before the gaming control commission or otherwise
represent anyone before that commission for a period of six years.
• May not accept any form of employment with or engage in any business activity with while
employed and for 6 years after service as a commissioner or 2 years after employment:
o Any business entity which, either directly or indirectly, owns or controls any regulated
entity:
o Any regulated entity; or
o Any business entity which, either directly or indirectly, is an affiliate or subsidiary of any
regulated entity.
• May not accept anything from a party in a proceeding currently pending before the commission.
o If, during the course of an investigation by the Commission on Ethics into an alleged
violation, a person is alleged to have given or provided a prohibited gift, that person must
be given notice and an opportunity to participate in the investigation and relevant
proceedings to present a defense.
o If the Commission on Ethics determines that the person gave or provided a prohibited
gift, the person may not appear before the gaming control commission or otherwise
represent anyone before that commission for a period of two years.
• May not act in an unprofessional manner at any time during the performance of their official
duties.
• Must avoid impropriety in all activities and must act at all times in a manner that promotes public
confidence in the integrity and impartiality of the commission.
• May not directly or indirectly, through staff or other means, solicit anything of value from:
o Any regulated entity;
o Any business entity that, whether directly or indirectly, is an affiliate or subsidiary of any
regulated entity; or
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o Any party appearing in a proceeding considered by the commission in the last two years.
• Must annually complete at least four hours of ethics training that addresses, at a minimum, s. 8,
Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the
public records and public meetings laws of this state; this requirement may be satisfied by
completion of a continuing legal education class or other continuing professional education
class, seminar, or presentation, if the required subjects are covered.
• Must notify the commission within three calendar days of an arrest for any offense.
• Must provide detailed written notice to the commission and the Commission of Ethics within 30
days of being indicted, charged with, convicted of, pleads guilty or nolo contendere to, or forfeits
bail for:
o A misdemeanor involving gambling, dishonesty, theft, or fraud;
o A violation of any law in any state, or a law of the United States or any other jurisdiction,
involving gambling, dishonesty, theft, or fraud which substantially corresponds to a
misdemeanor in this state; or
o A felony under the laws of this or any other state, the United States, or any other
jurisdiction.
A commissioner, employee, or a relative living in the same household as a commissioner or employee
while employed and for 6 years after service as a commissioner or 2 years after employment:
• May not have any financial interest, other than shares in a mutual fund, in:
o Any regulated entity;
o Any business entity which, either directly or indirectly, owns or controls any regulated
entity; or
o Any business entity which, either directly or indirectly, is an affiliate or subsidiary of any
regulated entity.
• Must immediately, if the commissioner, employee, or relative acquires any prohibited financial
interest, during the commissioner’s term of office or employee’s employment with the
commission, as a result of events or actions beyond the commissioner’s control sell such
financial interest.
• Place a wager in any facility licensed by the commission or any facility in the state operated by
an Indian tribe.

A commissioner may not:
• Serve as the representative of any political party or on any executive committee or other
governing body of a political party; serve as an executive officer or employee of any political
party, committee, organization, or association; receive remuneration for activities on behalf of
any candidate for public office; engage on behalf of any candidate for public office in the
solicitation of votes or other activities on behalf of such candidacy; or become a candidate for
election to any public office without first resigning from office.
• Make any public comment, during his or her term of office, regarding the merits of any
proceeding under ss. 120.569 and 120.57, F.S., relating to decisions affecting substantial
interests and hearings involving disputed issues of material fact, currently pending before the
commission.
• Personally represent another person or entity for compensation before the commission for a
period of six years following commissioner’s end of service unless employed by another agency
of state government.
• Lobby the Governor or any agency of the state, members or employees of the Legislature, or
any county or municipal government or governmental agency except to represent the
commission and department in his or her official capacity as a member.

The above standards of conduct may be more restrictive than the Code of Ethics, but may not be
construed to contravene that code’s restrictions. In the event of a conflict, the more restrictive provision
applies.

The Commission on Ethics must accept and investigate any alleged violations of the above standards
of conduct pursuant to the procedures contained in the Code of Ethics as described in ss. 112.322
through 112.3241, F.S., and provide the Governor, the President of the Senate, and the Speaker of the
House of Representatives with a report of its findings and recommendations. The Governor is
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authorized to enforce the findings and recommendations of the Commission on Ethics, pursuant to the
Code of Ethics.

A commissioner or an employee of the commission may request an advisory opinion from the
Commission on Ethics, pursuant to s. 112.322(3)(a), F.S., regarding the standards of conduct or the
prohibitions set forth in ss. 16.71 and 16.715, F.S., created by the bill.

Ex Parte Communications

The bill defines an “ex parte communication” as any communication that is:

• Not served on all parties to a proceeding, if the communication is written or printed; or
• Made without adequate notice to the parties and without an opportunity for the parties to be
present and heard, if the communication is oral.

The bill prohibits commissioners from initiating or considering ex parte communications concerning the
merits, threat, or offer of reward in any proceeding that is currently pending before the commission, or
that the commissioner knows or reasonably expects will be filed with the commission within 180 days
after the communication. An individual may not discuss ex parte with a commissioner the merits of any
issue that he or she knows will be filed with the commission within 180 days. These prohibitions do not
apply to commission staff.

If a commissioner knowingly receives a prohibited ex parte communication relative to a proceeding to
which he or she is assigned, the commissioner must place on the record of the proceeding copies of:
• All written communications received;
• All written responses to the communications; and
• A memorandum stating the substance of all oral communications received and all oral
responses made.

The commissioner must give written notice to all parties to the ex parte communication that such
matters have been placed on the record. Any party who desires to respond to an ex parte
communication may do so. The response must be received by the commission within 10 days after
receiving notice that the ex parte communication has been placed on the record. The commissioner
may, if he or she deems it necessary to eliminate the effect of an ex parte communication, withdraw
from the proceeding, in which case the chair must substitute another commissioner for the proceeding.

Any individual who makes an ex parte communication must submit to the commission a written
statement describing the nature of such communication, to include:
• The name of the person making the communication;
• The name of the commissioner or commissioners receiving the communication;
• Copies of all written communications made and all written responses to such communications;
and
• A memorandum stating the substance of all oral communications received and all oral
responses made.

The commission must place on the record of a proceeding all such communications. Any commissioner
who knowingly fails to place on the record any such communications within 15 days of the date of such
communication, is subject to removal and may be assessed a civil penalty not to exceed $5,000.

The Commission on Ethics must receive and investigate sworn complaints of violations of the
standards of conduct or prohibitions against ex parte communications, pursuant to the procedures
contained in the Code of Ethics as described in ss. 112.322 through 112.3241, F.S.

If the Commission on Ethics finds that there has been a violation of the standards of conduct or
prohibitions against ex parte communications by a commissioner, it must provide the Governor, the
President of the Senate, and the Speaker of the House of Representatives with a report of its findings
and recommendations. The Governor is authorized to enforce the findings and recommendations of the
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Commission on Ethics, pursuant to the Code of Ethics, and to remove from office a commissioner who
is found by the Commission on Ethics to have willfully and knowingly violated the standards is
subsection. The Governor must remove from office a commissioner who is found by the Commission
on Ethics to have willfully and knowingly violated the standards of conduct or prohibitions against ex
parte communications, after a previous finding by the Commission on Ethics that the commissioner
willfully and knowingly violated the standards of conduct or the prohibitions against ex parte
communications in a separate matter.

If a commissioner fails or refuses to pay the Commission on Ethics any civil penalties for such
violations, the Commission on Ethics may bring an action in any circuit court to enforce such penalty.

If, during the course of an investigation by the Commission on Ethics into an alleged violation of the
standards of conduct or prohibitions against ex parte communications, allegations are made as to the
identity of the person who participated in the ex parte communication, that person must be given notice
and an opportunity to participate in the investigation and relevant proceedings to present a defense. If
the Commission on Ethics determines that the person participated in the ex parte communication, the
person may not appear before the gaming control commission or otherwise represent anyone before
that commission for a period of two years.

Seminole Compact Oversight

The bill amends s. 285.710, F.S., effective July 1, 2022, to provide that the commission is the state
compliance agency designated as the state agency with authority to carry out the state’s oversight
responsibilities under the 2010 Compact with the Seminole Tribe, rather than the division.

Type Two Transfer

The bill provides for a type two transfer pursuant to s. 20.06(2), F.S., effective July 1, 2022, of all
powers, duties, functions, records, offices, personnel, associated administrative support positions,
property, pending issues, existing contracts, administrative authority, administrative rules, and
unexpended balances of appropriations, allocations, and other funds of DBPR, relating to the oversight
responsibilities by the state compliance agency for authorized gaming compacts under s. 285.710, F.S.,
the regulation of pari-mutuel wagering under chapter 550, F.S., the regulation of slot machines and slot
machine gaming under chapter 551, F.S., and the regulation of cardrooms under s. 849.086, F.S., are
transferred by a type two transfer, as defined in s. 20.06(2), F.S., to the Florida Gaming Control
Commission within the Department of Legal Affairs, Office of the Attorney General.

The Department of Legal Affairs must provide administrative support to the commission until the
transfer is complete, but the commission is not subject to control, supervision, or direction by the
Department of Legal Affairs, including, but not limited to, personnel, purchasing, transactions involving
real or personal property, and budgetary matters. Those employees transferred from DBPR to the
commission retain and transfer accrued leave balances.

Reviser’s Bill

The bill directs the Division of Law Revision to prepare a reviser’s bill to conform the Florida Statutes to
the Type Two transfer.

Effective Date

The bill provides that except as otherwise expressly provided in this act, and except for this section,
which shall take effect upon this act becoming a law, this act shall take effect on the same date that

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PCB COM 21-05 or similar legislation takes effect, if such legislation is adopted in the same legislative
session or an extension thereof and becomes a law.

B. SECTION DIRECTORY:

Section 1: Amends s. 16.56, F.S., relating to the Department of Legal Affairs Office of Statewide
Prosecution.

Section 2: Creates s. 16.71, F.S., relating to the Florida Gaming Control Commission.

Section 3: Creates s. 16.17, F.S., relating to Florida Gaming Control Commission background
screenings.

Section 4. Creates s. 16.715, F.S., relating to the Florida Gaming Control Commission standards of
conduct, ex parte communications.

Section 5: Amends s. 285.710, F.S., compact authorization.

Section 6: Provides for a type two transfer.

Section 7: Provides for the creation of a reviser’s bill.

Section 8: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may increase revenues associated with the implementation of additional enforcement
measures relating to gambling law violations. The Revenue Estimating Conference has not yet
reviewed this bill.

2. Expenditures:
The bill may increase expenditures associated with the establishment and administration of a new
state agency, compensation of its staff, and the implementation of additional enforcement measures
relating to gambling law violations. The Revenue Estimating Conference has not yet reviewed this
bill.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
To the extent that local law enforcement agencies are incurring costs related to enforcement,
including but not limited to, investigation and prosecution, of violations of gambling laws, the bill will
have an indeterminate positive fiscal impact on local government expenditures.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:

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DATE: 4/13/2021
None.

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:
Rules may need to be revised and/or created to implement the changes made by the bill.

The commission and its law enforcement officers are specifically authorized to seize any contraband in
accordance with the Florida Contraband Forfeiture Act. The commission is authorized to adopt rules to
implement this provision.

The commission is required to adopt rules to provide for the filing of a report when hearings are held by
a single commissioner or a panel.

The bill provides for a type two transfer pursuant to s. 20.06(2), F.S., effective July 1, 2022, of all
powers and duties, including administrative rules, of DBPR, relating to the regulation of pari-mutuel
wagering, slot machines, and cardrooms, and the state compliance agency’s oversight responsibilities
for authorized gaming compacts under s. 285.710, F.S., the regulation of pari-mutuel wagering under
chapter 550, F.S., the regulation of slot machines and slot machine gaming under chapter 551, F.S.,
and the regulation of cardrooms under s. 849.086, F.S., to the commission.

The bill provides that all rules adopted pursuant to ch. 24, F.S., (State Lotteries), ch. 285, F.S., (Indian
Reservations and Affairs), ch. 546, F.S., (Amusement Facilities), ch. 550, F.S., (Pari-mutuel Wagering),
ch. 551, F.S., (Slot Machines), or ch. 849, F.S., (Gambling), prior to the effective date of this act are
preserved and remain in full force and effect.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.

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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

PCB COM 21-03 ORIGINAL 2021

1 A bill to be entitled
2 An act relating to gaming enforcement; amending s.
3 16.56, F.S.; expanding the authority of the Office of
4 Statewide Prosecution within the Department of Legal
5 Affairs to investigate and prosecute the offenses of
6 certain crimes; creating s. 16.71, F.S.; creating the
7 Florida Gaming Control Commission within the Office of
8 the Attorney General; providing for membership of the
9 commission; providing for the removal of members of
10 the commission by the Governor under certain
11 circumstances; providing rights for certain employees
12 of the commission; providing requirements and powers
13 for employees serving as law enforcement officers for
14 the commission; providing powers and duties of the
15 commission; providing requirements for hearings
16 relating to the commission; authorizing the commission
17 to submit certain written recommendations to the
18 Governor and the Legislature upon certain findings;
19 requiring the commission to annually develop a budget
20 request; requiring the department to submit the budget
21 request to the Governor for transmittal to the
22 Legislature; authorizing the commission to contract or
23 consult with certain agencies; requiring an annual
24 report be made by the division to the Governor and the
25 Legislature; specifying content required for the

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26 report; creating s. 16.712, F.S.; requiring a person
27 to submit to certain background screening requirements
28 prior to serving on or being employed with the
29 commission; providing procedures and conditions for
30 retention of fingerprints; requiring a person subject
31 to the background screening to pay the costs of
32 fingerprint processing; creating s. 16.715, F.S.;
33 providing construction; providing standards of conduct
34 for commissioners and employees of the commission;
35 requiring commissioners and employees of the
36 commission to complete specified annual training;
37 requiring the Commission on Ethics to accept and
38 investigate any alleged violations of the standards of
39 conduct for commissioners and employees; providing
40 requirements for such investigations; authorizing a
41 commissioner or an employee of the commission to
42 request an advisory opinion from the Commission on
43 Ethics; providing a definition for ex parte
44 communication; providing requirements relating to ex
45 parte communications; providing civil penalties;
46 amending s. 285.710, F.S.; revising the definition of
47 the term "state compliance agency"; designating the
48 Florida Gaming Control Commission as the state
49 compliance agency having authority to carry out
50 certain responsibilities; transferring all powers,

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51 duties, functions, records, offices, personnel,
52 property, pending issues, existing contracts,
53 administrative authority, administrative rules, trust
54 funds, and unexpended balances of appropriations,
55 allocations, and other funds of the Department of
56 Business and Professional Regulation to the commission
57 by a type two transfer; requiring the Department of
58 Legal Affairs to provide administrative support to the
59 commission until such transfer is complete; providing
60 a directive to the Division of Law Revision; providing
61 contingent effective dates.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Paragraph (a) of subsection (1) of section
66 16.56, Florida Statutes, is amended to read:
67 16.56 Office of Statewide Prosecution.—
68 (1) There is created in the Department of Legal Affairs an
69 Office of Statewide Prosecution. The office shall be a separate
70 "budget entity" as that term is defined in chapter 216. The
71 office may:
72 (a) Investigate and prosecute the offenses of:
73 1. Bribery, burglary, criminal usury, extortion, gambling,
74 kidnapping, larceny, murder, prostitution, perjury, robbery,
75 carjacking, home-invasion robbery, and patient brokering;

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76 2. Any crime involving narcotic or other dangerous drugs;
77 3. Any violation of the Florida RICO (Racketeer Influenced
78 and Corrupt Organization) Act, including any offense listed in
79 the definition of racketeering activity in s. 895.02(8)(a),
80 providing such listed offense is investigated in connection with
81 a violation of s. 895.03 and is charged in a separate count of
82 an information or indictment containing a count charging a
83 violation of s. 895.03, the prosecution of which listed offense
84 may continue independently if the prosecution of the violation
85 of s. 895.03 is terminated for any reason;
86 4. Any violation of the Florida Anti-Fencing Act;
87 5. Any violation of the Florida Antitrust Act of 1980, as
88 amended;
89 6. Any crime involving, or resulting in, fraud or deceit
90 upon any person;
91 7. Any violation of s. 847.0135, relating to computer
92 pornography and child exploitation prevention, or any offense
93 related to a violation of s. 847.0135 or any violation of
94 chapter 827 where the crime is facilitated by or connected to
95 the use of the Internet or any device capable of electronic data
96 storage or transmission;
97 8. Any violation of chapter 815;
98 9. Any criminal violation of part I of chapter 499;
99 10. Any violation of the Florida Motor Fuel Tax Relief Act
100 of 2004;

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101 11. Any criminal violation of s. 409.920 or s. 409.9201;
102 12. Any crime involving voter registration, voting, or
103 candidate or issue petition activities;
104 13. Any criminal violation of the Florida Money Laundering
105 Act;
106 14. Any criminal violation of the Florida Securities and
107 Investor Protection Act; or
108 15. Any violation of chapter 787, as well as any and all
109 offenses related to a violation of chapter 787; or
110 16. Any violation of chapter 24, chapter 285, chapter 546,
111 chapter 550, chapter 551, or chapter 849, including violations
112 referred by the Department of Agriculture and Consumer Services,
113 the Department of Business and Professional Regulation, the
114 Department of the Lottery, the Florida Gaming Control
115 Commission, or the Seminole Tribe of Florida.
116
117 or any attempt, solicitation, or conspiracy to commit any of the
118 crimes specifically enumerated above. The office shall have such
119 power only when any such offense is occurring, or has occurred,
120 in two or more judicial circuits as part of a related
121 transaction, or when any such offense is connected with an
122 organized criminal conspiracy affecting two or more judicial
123 circuits. Informations or indictments charging such offenses
124 shall contain general allegations stating the judicial circuits
125 and counties in which crimes are alleged to have occurred or the

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126 judicial circuits and counties in which crimes affecting such
127 circuits or counties are alleged to have been connected with an
128 organized criminal conspiracy.
129 Section 2. Section 16.71, Florida Statutes, is created to
130 read:
131 16.71 Florida Gaming Control Commission.—
132 (1)(a) There is created within the Department of Legal
133 Affairs, Office of the Attorney General, a Florida Gaming
134 Control Commission, hereinafter referred to as the commission.
135 The commission shall be a separate budget entity and the agency
136 head for all purposes. The Florida Gaming Control Commission is
137 a criminal justice agency as defined in s. 119.011.
138 (b) The commission is not subject to control, supervision,
139 or direction by the Department of Legal Affairs or the Attorney
140 General in the performance of its duties, including, but not
141 limited to, personnel, purchasing transactions involving real or
142 personal property, and budgetary matters.
143 (2)(a) The commission shall consist of five members
144 appointed by the Governor, and subject to confirmation by the
145 Senate, for terms of 4 years. Members of the commission must be
146 appointed by January 1, 2022.
147 1. For the purpose of providing staggered terms, of the
148 initial appointments, 2 members shall be appointed to 4-year
149 terms, 2 members shall be appointed to 3-year terms, and 1
150 member shall be appointed to a 2-year term.

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151 2. Of the five members at least one member must have at
152 least 10 years of experience in law enforcement and criminal
153 investigations, at least one member must be a certified public
154 accountant licensed in this state with at least 10 years of
155 experience in accounting and auditing, and at least one member
156 must be an attorney admitted and authorized to practice law in
157 this state for the preceding 10 years.
158 3. Of the five members, each appellate district shall have
159 one member appointed from the district to the commission who is
160 a resident of the district at the time of the original
161 appointment.
162 4. A person may not apply to the Governor for appointment
163 to the Gaming Control Commission until after a background
164 investigation of the person is conducted by the Department of
165 Law Enforcement and the investigation is forwarded to the
166 Governor.
167 5. A person who holds any office in a political party, who
168 has been convicted of a felony, or who has been convicted of a
169 misdemeanor related to gambling within the previous 10 years may
170 not apply to the Governor for appointment.
171 6. The Governor may not solicit or request any
172 nominations, recommendations or communications about potential
173 candidates for appointment to the commission from:
174 a. Any person that holds a permit or license issued under
175 chapter 550, or a license issued under chapter 551, chapter 546,

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176 or chapter 849; or an officer, official, or employee of such
177 permitholder or licensee; or an ultimate equitable owner, as
178 defined in s. 550.002(37), of such permitholder or licensee; or
179 b. Any officer, official, employee, contractor, or
180 subcontractor of a tribe that has a valid and active compact
181 with the state or an entity employed, licensed, or contracted by
182 such tribe; or an ultimate equitable owner, as defined in s.
183 550.002(37), of such entity; or
184 c. Any registered lobbyist for the executive or
185 legislative branch that represents any person or entity
186 identified in subparagraphs a. and b.
187 (b)1. The Governor may remove a member for cause, including
188 but not limited to, circumstances in which the member commits
189 gross misconduct or malfeasance in office, substantially
190 neglects or is unable to discharge their duties as a member, or
191 is convicted of or found guilty of or has plead nolo contendere
192 to, regardless of adjudication, in any jurisdiction, a felony or
193 misdemeanor that directly relates to gambling, dishonesty,
194 theft, or fraud.
195 2. The Governor may remove a member without cause subject
196 to approval by a majority of the Senate. Upon the resignation or
197 removal from office of a member, the Governor shall appoint a
198 successor pursuant to paragraph (a) who, subject to confirmation
199 by the Senate, shall serve the remainder of the unfinished term.
200 (c) A commissioner shall serve until a successor is

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201 appointed, but commissioners may not serve more than 8 years.
202 Vacancies shall be filled for the unexpired portion of the term.
203 The salary of each commissioner is equal to that paid under
204 state law to a commissioner on the Florida Public Service
205 Commission. The commission shall elect a chair and a vice chair.
206 (d) To aid the commission in its duties, the commission
207 must appoint a person who is not a member of the commission to
208 serve as the executive director of the commission. The executive
209 director shall supervise, direct, coordinate, and administer all
210 activities necessary to fulfill the commission's
211 responsibilities. The commission must appoint the executive
212 director by July 1, 2022. The executive director, with the
213 consent of the commission, shall employ such staff as are
214 necessary to adequately perform the functions of the commission,
215 within budgetary limitations. All employees, except the
216 executive director and attorneys, are subject to part II of
217 chapter 110. The executive director shall serve at the pleasure
218 of the commission and be subject to part III of chapter 110.
219 Attorneys employed by the commission shall be subject to part V
220 of chapter 110. The executive director shall maintain
221 headquarters in and reside in Leon County. The salary of the
222 executive director is equal to that paid under state law to a
223 commissioner on the Florida Public Service Commission.
224 (e)1. A person may not, for the 4 years immediately
225 preceding the date of appointment to or employment with the

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226 commission and while appointed to or employed with the
227 commission:
228 a. Hold a permit or license issued under chapter 550, or a
229 license issued under chapter 551, chapter 546, or chapter 849;
230 be an officer, official, or employee of such permitholder or
231 licensee; or be an ultimate equitable owner, as defined in s.
232 550.002(37), of such permitholder or licensee;
233 b. Be an officer, official, employee, or other person with
234 duties or responsibilities relating to a gaming operation owned
235 by an Indian tribe that has a valid and active compact with the
236 state; be a contractor or subcontractor of such tribe or an
237 entity employed, licensed, or contracted by such tribe; or be an
238 ultimate equitable owner, as defined in s. 550.002(37), of such
239 entity; or
240 c. Be a registered lobbyist for the executive or
241 legislative branch, except while a commissioner when officially
242 representing the commission.
243 2. A person is ineligible for appointment to or employment
244 with the commission if, within the 4 years immediately preceding
245 such appointment or employment, they violated subparagraph 1. or
246 solicited or accepted employment with, acquired any direct or
247 indirect interest in, or had any direct or indirect business
248 association, partnership, or financial relationship with, or is
249 a relative of, any person or entity who is an applicant,
250 licensee, or registrant with the Division of Pari-mutuel

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251 Wagering or the commission.
252
253 For the purposes of this paragraph, the term "relative" means a
254 spouse, father, mother, son, daughter, grandfather, grandmother,
255 brother, sister, uncle, aunt, cousin, nephew, niece, father-in-
256 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
257 sister-in-law, stepfather, stepmother, stepson, stepdaughter,
258 stepbrother, stepsister, half-brother, or half-sister.
259 (f)1. A person may not, for the 6 years immediately
260 following the date of resignation or termination from the
261 commission:
262 a. Hold a permit or license issued under chapter 550, or a
263 license issued under chapter 551, chapter 546, or chapter 849;
264 be an officer, official, or employee of such permitholder or
265 licensee; or be an ultimate equitable owner, as defined in s.
266 550.002(37), of such permitholder or licensee;
267 b. Be an officer, official, employee, or other person with
268 duties or responsibilities relating to a gaming operation owned
269 by an Indian tribe that has a valid and active compact with the
270 state; be a contractor or subcontractor of such tribe or an
271 entity employed, licensed, or contracted by such tribe; or be an
272 ultimate equitable owner, as defined in s. 550.002(37), of such
273 entity; or
274 c. Lobby the Governor or any agency of the state, members
275 or employees of the Legislature, or any county or municipal

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276 government or governmental agency.
277 (g)1. A person employed by the commission may not, for the
278 2 years immediately following the date of termination or
279 resignation from employment with the commission:
280 a. Hold a permit or license issued under chapter 550, or a
281 license issued under chapter 551, chapter 546, or chapter 849;
282 be an officer, official, or employee of such permitholder or
283 licensee; or be an ultimate equitable owner, as defined in s.
284 550.002(37), of such permitholder or licensee;
285 b. Be an officer, official, employee, or other person with
286 duties or responsibilities relating to a gaming operation owned
287 by an Indian tribe that has a valid and active compact with the
288 state; be a contractor or subcontractor of such tribe or an
289 entity employed, licensed, or contracted by such tribe; or be an
290 ultimate equitable owner, as defined in s. 550.002(37), of such
291 entity; or
292 c. Lobby the Governor or any agency of the state, members
293 or employees of the Legislature, or any county or municipal
294 government or governmental agency.
295 (h) Any person violating paragraphs (f) or (g) shall be
296 subject to the penalties for violations of standards of conduct
297 for public officers, employees of agencies, and local government
298 attorneys provided in s. 112.317, and a civil penalty of an
299 amount equal to the compensation which the person receives for
300 the prohibited conduct.

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301 (i) A person is ineligible for appointment to the
302 commission if he or she has committed any of the following:
303 1. Been convicted of or found guilty of or plead nolo
304 contendere to, regardless of adjudication, in any jurisdiction,
305 a felony or misdemeanor that directly relates to gambling,
306 dishonesty, theft, or fraud, within the 10 years immediately
307 preceding such appointment.
308 2. Been convicted of or found guilty of or plead nolo
309 contendere to, regardless of adjudication, in any jurisdiction,
310 a crime listed s. 775.21(4)(a)1. or s. 776.08.
311 3. Had a license or permit issued under chapters 550, 551,
312 546, or chapter 849 or a gaming license issued by any other
313 jurisdiction denied, suspended, or revoked.
314 (j)1. A person is ineligible for employment with the
315 commission if he or she has been convicted of a felony within 5
316 years of the date of application; convicted of a misdemeanor
317 within 5 years of the date of application which the commission
318 determines bears a close relationship to the duties and
319 responsibilities of the position for which employment is sought;
320 or dismissed from prior employment for gross misconduct or
321 incompetence or intentionally making a false statement
322 concerning a material fact in connection with the application
323 for employment to the commission.
324 2. If an employee of the commission is charged with a
325 felony while employed by the commission, the commission shall

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326 suspend the employee, with or without pay, and terminate
327 employment with the commission upon conviction. If an employee
328 of the commission is charged with a misdemeanor while employed
329 by the commission, the commission shall suspend the employee,
330 with or without pay, and may terminate employment with the
331 commission upon conviction if the commission determines that the
332 offense bears a close relationship to the duties and
333 responsibilities of the position held with the commission.
334 (k) A commissioner or employee of the commission must
335 notify the commission within 3 calendar days of arrest for any
336 offense.
337 (l) A member of the commission or an employee must
338 immediately provide detailed written notice of the circumstances
339 to the commission if the member or employee is indicted, charged
340 with, convicted of, pleads guilty or nolo contendere to, or
341 forfeits bail for:
342 1. A misdemeanor involving gambling, dishonesty, theft, or
343 fraud;
344 2. A violation of any law in any state, or a law of the
345 United States or any other jurisdiction, involving gambling,
346 dishonesty, theft, or fraud which substantially corresponds to a
347 misdemeanor in this state; or
348 3. A felony under the laws of this or any other state, the
349 United States, or any other jurisdiction.
350 (m)1. All employees authorized by the commission shall

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351 have access to, and shall have the right to inspect, premises
352 licensed by the Department of Business and Professional
353 Regulation, to collect taxes and remit them to the officer
354 entitled to them, and to examine the books and records of all
355 persons subject to chapter 24, chapter 285, chapter 546, chapter
356 550, chapter 551, or chapter 849. The authorized employees shall
357 require of each such person strict compliance with the laws of
358 this state relating to the license or permit of the licensee.
359 2. Each employee serving as a law enforcement officer for
360 the commission must meet the qualifications for employment or
361 appointment as a law enforcement officer set forth under s.
362 943.13 and must be certified as a law enforcement officer by the
363 Department of Law Enforcement under chapter 943. Upon
364 certification, each law enforcement officer is subject to and
365 has the same authority as provided for law enforcement officers
366 generally in chapter 901 and has statewide jurisdiction. Each
367 officer also has arrest authority as provided for state law
368 enforcement officers in s. 901.15. Each officer possesses the
369 full law enforcement powers granted to other peace officers of
370 this state, including the authority to make arrests, carry
371 firearms, serve court process, and seize contraband and the
372 proceeds of illegal activities.
373 a. The primary responsibility of each officer appointed
374 under this paragraph is to investigate, enforce, and prosecute,
375 throughout the state, violations and violators of chapter 24,

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376 chapter 285, chapter 546, chapter 550, chapter 551, or chapter
377 849, and the rules adopted thereunder, as well as other state
378 laws that the commission or all state law enforcement officers
379 are specifically authorized to enforce.
380 b. The secondary responsibility of each officer appointed
381 under this paragraph is to enforce all other state laws,
382 provided that the enforcement is incidental to exercising the
383 officer's primary responsibility and the officer exercises the
384 powers of a deputy sheriff, only after consultation or
385 coordination with the appropriate local sheriff's office or
386 municipal police department or when the commission participates
387 in the Florida Mutual Aid Plan during a declared state
388 emergency.
389 (3)(a) The commission and its law enforcement officers are
390 specifically authorized to seize any contraband in accordance
391 with the Florida Contraband Forfeiture Act. For purposes of this
392 section, "contraband" has the same meaning as s. 932.701(2)(a)2.
393 (b) The commission is specifically authorized to store and
394 test any contraband that is seized in accordance with the
395 Florida Contraband Forfeiture Act and may authorize any of its
396 staff to implement this provision.
397 (c) The commission may adopt rules to implement this
398 provision.
399 (d) This subsection does not limit the authority of any
400 other person authorized by law to seize contraband.

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401 (4) The commission shall convene at the call of its chair
402 or at the request of a majority of the members of the
403 commission. The presence of three members is required to
404 constitute a quorum, and the affirmative vote of the majority of
405 the members present is required for any action or recommendation
406 by the commission. The commission may meet in any city or county
407 of the state. The commission shall do all of the following:
408 (a) Exercise all of the regulatory and executive powers of
409 the state with respect to gambling, including, without
410 limitation thereto, pari-mutuel wagering, cardrooms, slot
411 machine facilities, oversight of gaming compacts executed by the
412 state pursuant to the Federal Indian Gaming Regulatory Act, and
413 any other forms of gambling authorized by the State Constitution
414 or law, excluding games authorized by s. 15, Art. X of the State
415 Constitution.
416 (b) Establish procedures consistent with chapter 120 to
417 ensure adequate due process in the exercise of its regulatory
418 and executive functions.
419 (c) Ensure that the laws of this state are not interpreted
420 in any manner that expands the activities authorized in chapters
421 24, 285, 546, 550, 551, or 849.
422 (d) Review any matter within the scope of the jurisdiction
423 of the Division of Pari-mutuel Wagering.
424 (e) Review the regulation of licensees, permitholders, or
425 persons regulated by the Division of Pari-mutuel Wagering and

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426 the procedures used by the division to implement and enforce the
427 law.
428 (f) Review the procedures of the Division of Pari-mutuel
429 Wagering which are used to qualify applicants applying for a
430 license, permit, or registration.
431 (g) Refer criminal violations of chapters 24, 285, 546,
432 550, 551, or 849 to the appropriate state attorney or to the
433 Office of Statewide Prosecution, as applicable.
434 (h) Exercise all other powers and perform any other duties
435 prescribed by the Legislature.
436 (i) The commission may adopt rules to implement this
437 section.
438
439 The commission may subpoena witnesses and compel their
440 attendance and testimony, administer oaths and affirmations,
441 take evidence, and require by subpoena the production of any
442 books, papers, records, or other items relevant to the
443 performance of the duties of the commission or to the exercise
444 of its powers.
445 (5) Hearings shall be held before the commission, except
446 that the chair may direct that any hearing be held before one
447 member of the commission or a panel of less than the full
448 commission. The commission shall adopt rules to provide for the
449 filing of a report when hearings are held by a single
450 commissioner or a panel, which rules shall prescribe the time

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451 for filing the report and the contents of the report. The chair
452 may schedule hearings to determine whether enforcement of the
453 gaming laws of this state is sufficient to protect residents
454 from abuse and misinterpretation of the law or create expansion
455 of gaming or gambling in this state.
456 (6) The commission may submit written recommendations to
457 enhance the enforcement of gaming laws of the state to the
458 Governor, the President of the Senate, and the Speaker of the
459 House of Representatives.
460 (7) The commission shall make an annual report to the
461 Governor, the President of the Senate, and the Speaker of the
462 House of Representatives. The report shall, at a minimum,
463 include the following:
464 (a) Recent events in the gaming industry, including
465 pending litigation, pending facility license applications, and
466 new and pending rules.
467 (b) Actions of the commission relative to the
468 implementation and administration of this section.
469 (c) The state revenues and expenses associated with each
470 form of authorized gaming. Revenues and expenses associated with
471 pari-mutuel wagering shall be further delineated by the class of
472 license.
473 (d) The performance of each pari-mutuel wagering licensee,
474 cardroom licensee, and slot licensee.
475 (e) A summary of disciplinary actions taken by the

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476 department.
477 (f) The receipts and disbursements of the gaming
478 commission.
479 (g) A summary of actions and investigations taken by the
480 gaming commission.
481 (h) Any additional information and recommendations that
482 the commission considers useful or that the Governor, the
483 Speaker of the House or the President of the Senate requests.
484 (8) The commission's exercise of executive powers in the
485 area of planning, budgeting, personnel management, and
486 purchasing shall be as provided by law.
487 (9) The commission shall develop a budget request pursuant
488 to chapter 216 annually. The budget is not subject to change by
489 the Department of Legal Affairs or the Attorney General, but it
490 shall be submitted by the Department of Legal Affairs to the
491 Governor for transmittal to the Legislature.
492 (10) The commission is authorized to contract or consult
493 with appropriate agencies of state government for such
494 professional assistance as may be needed in the discharge of its
495 duties.
496 (11) All rules adopted pursuant to chapters 24, 285, 546,
497 550, 551, and 849 prior to the effective date of this act are
498 preserved and remain in full force and effect.
499 (12) The commission shall exercise all of its regulatory
500 and executive powers and shall apply, construe, and interpret

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501 all laws and administrative rules in a manner consistent with
502 the gaming compact ratified, approved, and described in s.
503 285.710(3).
504 (13) The commission shall annually, prior to the issuance
505 of an operating license, confirm that each permitholder has
506 submitted proof with their annual application for a license, in
507 such a form as the commission may require, that the permitholder
508 continues to possess the qualifications prescribed by chapter
509 550, and that the permit has not been disapproved by voters in
510 an election.
511 (14) The commission shall review matters, and issue or
512 deny right to sue letters that grant a person the right to sue
513 under s. 849.27.
514 Section 3. Section 16.712, Florida Statutes, is created to
515 read:
516 16.712 Florida Gaming Control Commission background
517 screening provisions.—
518 (1) Prior to serving as a commissioner on the Florida
519 Gaming Control Commission or becoming an employee of the
520 commission, a person must have his or her fingerprints taken by
521 a vendor approved by the Department of Law Enforcement. The set
522 of fingerprints must be electronically sent to the Department of
523 Law Enforcement for state processing, and the Department of Law
524 Enforcement must forward the fingerprints to the Federal Bureau
525 of Investigation for national processing. Persons who are

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526 foreign nationals must submit such documents as necessary to
527 allow the commission to conduct criminal history records checks
528 in the person's home country.
529 (2) All fingerprints submitted to the Department of Law
530 Enforcement as required under subsection (1) must be retained by
531 the Department of Law Enforcement as provided under s.
532 943.05(2)(g) and (h) and (3) and enrolled in the national
533 retained print arrest notification program at the Federal Bureau
534 of Investigation when the Department of Law Enforcement begins
535 participation in the program. The commission must notify the
536 Department of Law Enforcement when any person whose fingerprints
537 have been retained is no longer a commissioner or employee of
538 the commission.
539 (3) The costs of fingerprint processing, including the
540 cost for retaining fingerprints, shall be borne by the
541 commission.
542 Section 4. Section 16.715, Florida Statutes, is created to
543 read:
544 16.715 Florida Gaming Control Commission standards of
545 conduct; ex parte communications.—
546 (1) STANDARDS OF CONDUCT.—
547 (a) In addition to the provisions of part III of chapter
548 112, which are applicable to commissioners on and employees with
549 the Florida Gaming Control Commission by virtue of their being
550 public officers and public employees, the conduct of

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551 commissioners and employees shall be governed by the standards
552 of conduct provided in this subsection. Nothing shall prohibit
553 the standards of conduct from being more restrictive than part
554 III of chapter 112. Further, this subsection may not be
555 construed to contravene the restrictions of part III of chapter
556 112. In the event of a conflict between this subsection and part
557 III of chapter 112, the more restrictive provision shall apply.
558 (b)1. A commissioner or employee of the commission may not
559 accept anything from any business entity which, either directly
560 or indirectly, owns or controls any person regulated by the
561 commission or from any business entity which, either directly or
562 indirectly, is an affiliate or subsidiary of any person
563 regulated by the commission.
564 2. A commissioner or an employee may attend conferences,
565 along with associated meals and events that are generally
566 available to all conference participants without payment of any
567 fees in addition to the conference fee. Additionally, while
568 attending a conference, a commissioner or an employee may attend
569 meetings, meals, or events that are not sponsored, in whole or
570 in part, by any representative of any person regulated by the
571 commission and that are limited to commissioners or employees
572 only, committee members, or speakers if the commissioner or
573 employee is a member of a committee of the association of
574 regulatory agencies that organized the conference or is a
575 speaker at the conference. It is not a violation of this

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576 subparagraph for a commissioner or an employee to attend a
577 conference for which conference participants who are employed by
578 a person regulated by the commission have paid a higher
579 conference registration fee than the commissioner or employee,
580 or to attend a meal or event that is generally available to all
581 conference participants without payment of any fees in addition
582 to the conference fee and that is sponsored, in whole or in
583 part, by a person regulated by the commission.
584 3. If, during the course of an investigation by the
585 Commission on Ethics into an alleged violation of this
586 subparagraph, allegations are made as to the identity of the
587 person giving or providing the prohibited gift, that person must
588 be given notice and an opportunity to participate in the
589 investigation and relevant proceedings to present a defense.
590 4. If the Commission on Ethics determines that the person
591 gave or provided a prohibited gift, the person may not appear
592 before the commission or otherwise represent anyone before the
593 commission for a period of 6 years.
594 5. A commissioner or an employee may not accept any form
595 of employment with or engage in any business activity with any
596 business entity which, either directly or indirectly, owns or
597 controls any person regulated by the commission, any person
598 regulated by the commission, or any business entity which,
599 either directly or indirectly, is an affiliate or subsidiary of
600 any person regulated by the commission while employed and for 6

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601 years after service as a commissioner or 2 years after
602 employment.
603 6. A commissioner, an employee, or a relative living in
604 the same household as such commissioner or employee may not have
605 any financial interest, other than shares in a mutual fund, in
606 any person regulated by the commission, in any business entity
607 which, either directly or indirectly, owns or controls any
608 person regulated by the commission, or in any business entity
609 which, either directly or indirectly, is an affiliate or
610 subsidiary of any person regulated by the commission while
611 serving or employed and for 6 years after such service or 2
612 years after employment. If a commissioner, employee, or a
613 relative living in the same household as such commissioner or
614 employee acquires any financial interest prohibited by this
615 subsection during the commissioner's term of office or the
616 employee's employment with the commission as a result of events
617 or actions beyond the commissioner, employee or relative's
618 control, they shall immediately sell such financial interest.
619 For purposes of this subsection, the term "relative" has the
620 same meaning as provided in s. 16.71(2)(e).
621 7. A commission member or an employee may not lobby the
622 Governor or any agency of the state, members or employees of the
623 Legislature, or any county or municipal government or
624 governmental agency except to represent the commission and
625 department in his or her official capacity as a member.

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626 8. A commissioner or an employee may not accept anything
627 from a party in a proceeding currently pending before the
628 commission. If, during the course of an investigation by the
629 Commission on Ethics into an alleged violation of this
630 subparagraph, allegations are made as to the identity of the
631 person giving or providing the prohibited gift, that person must
632 be given notice and an opportunity to participate in the
633 investigation and relevant proceedings to present a defense. If
634 the Commission on Ethics determines that the person gave or
635 provided a prohibited gift, the person may not appear before the
636 commission or otherwise represent anyone before the commission
637 for a period of 6 years.
638 9. A commissioner may not serve as the representative of
639 any political party or on any executive committee or other
640 governing body of a political party; serve as an executive
641 officer or employee of any political party, committee,
642 organization, or association; receive remuneration for
643 activities on behalf of any candidate for public office; engage
644 on behalf of any candidate for public office in the solicitation
645 of votes or other activities on behalf of such candidacy; or
646 become a candidate for election to any public office without
647 first resigning from office.
648 10. A commissioner, during his or her term of office, may
649 not make any public comment regarding the merits of any
650 proceeding under ss. 120.569 and 120.57 currently pending before

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651 the commission.
652 11. A commissioner or an employee may not act in an
653 unprofessional manner at any time during the performance of
654 official duties.
655 12. A commissioner or an employee must avoid impropriety
656 in all activities and must act at all times in a manner that
657 promotes public confidence in the integrity and impartiality of
658 the commission.
659 13. A commissioner or an employee may not directly or
660 indirectly, through staff or other means, solicit anything of
661 value from any person regulated by the commission, or from any
662 business entity that, whether directly or indirectly, is an
663 affiliate or subsidiary of any person regulated by the
664 commission, or from any party appearing in a proceeding
665 considered by the commission in the last 6 years.
666 14. A commissioner or an employee may not personally
667 represent another person or entity for compensation before the
668 commission for a period of 6 years following the commissioner's
669 end of service or a period of 2 years following employment
670 unless employed by another agency of state government.
671 15. A commissioner may not lobby the Governor or any
672 agency of the state, members or employees of the Legislature, or
673 any county or municipal government or governmental agency except
674 to represent the commission and department in an official
675 capacity.

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676 (c) A commissioner or an employee of the commission must
677 annually complete at least 4 hours of ethics training that
678 addresses, at a minimum, s. 8, Art. II of the State
679 Constitution, the Code of Ethics for Public Officers and
680 Employees, and the public records and public meetings laws of
681 this state. This requirement may be satisfied by completion of a
682 continuing legal education class or other continuing
683 professional education class, seminar, or presentation, if the
684 required subjects are covered.
685 (d) The Commission on Ethics shall accept and investigate
686 any alleged violations of this subsection pursuant to the
687 procedures contained in ss. 112.322-112.3241. The Commission on
688 Ethics shall provide the Governor, the President of the Senate,
689 and the Speaker of the House of Representatives with a report of
690 its findings and recommendations. The Governor is authorized to
691 enforce the findings and recommendations of the Commission on
692 Ethics, pursuant to part III of chapter 112. A commissioner or
693 an employee of the commission may request an advisory opinion
694 from the Commission on Ethics, pursuant to s. 112.322(3)(a),
695 regarding the standards of conduct or prohibitions set forth in
696 this section or s. 16.71.
697 (e) A commissioner, an employee of the commission, or a
698 relative living in the same household as such commissioner or
699 employee may not place a wager in any facility licensed by the
700 commission or any facility in the state operated by an Indian

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701 tribe.
702 (3) EX PARTE COMMUNICATIONS.—
703 (a) As used in this section, the term "ex parte
704 communication" means any communication that:
705 1. If it is a written or printed communication or a
706 communication in electronic form, is not served on all parties
707 to a proceeding; or
708 2. If it is an oral communication, is made without
709 adequate notice to the parties and without an opportunity for
710 the parties to be present and heard.
711 (b) A commissioner may not initiate or consider ex parte
712 communications concerning the merits, threat, or offer of reward
713 in any proceeding that is currently pending before the
714 commission or that he or she knows or reasonably expects will be
715 filed with the commission within 180 days after the date of any
716 such communication. An individual may not discuss ex parte with
717 a commissioner the merits of any issue that he or she knows will
718 be filed with the commission within 180 days. This paragraph
719 does not apply to commission staff.
720 (c) If a commissioner knowingly receives an ex parte
721 communication relative to a proceeding other than as set forth
722 in paragraph (a), to which the commissioner is assigned, the
723 commissioner must place on the record of the proceeding copies
724 of all written communications received, all written responses to
725 the communications, and a memorandum stating the substance of

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726 all oral communications received and all oral responses made,
727 and shall give written notice to all parties to the
728 communication that such matters have been placed on the record.
729 Any party who desires to respond to an ex parte communication
730 may do so. The response must be received by the commission
731 within 10 days after receiving notice that the ex parte
732 communication has been placed on the record. The commissioner
733 may, if deemed by such commissioner to be necessary to eliminate
734 the effect of an ex parte communication, withdraw from the
735 proceeding, in which case the chair shall substitute another
736 commissioner for the proceeding.
737 (d) Any individual who makes an ex parte communication
738 shall submit to the commission a written statement describing
739 the nature of such communication, to include the name of the
740 person making the communication, the name of the commissioner or
741 commissioners receiving the communication, copies of all written
742 communications made, all written responses to such
743 communications, and a memorandum stating the substance of all
744 oral communications received and all oral responses made. The
745 commission shall place on the record of a proceeding all such
746 communications.
747 (e) Any commissioner who knowingly fails to place on the
748 record any such communications, in violation of this subsection,
749 within 15 days of the date of such communication is subject to
750 removal and may be assessed a civil penalty not to exceed

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751 $5,000.
752 (f)1. It shall be the duty of the Commission on Ethics to
753 receive and investigate sworn complaints of violations of this
754 subsection pursuant to the procedures contained in ss. 112.322-
755 112.3241.
756 2. If the Commission on Ethics finds that there has been a
757 violation of this subsection by a commissioner, it shall provide
758 the Governor, the President of the Senate, and the Speaker of
759 the House of Representatives with a report of its findings and
760 recommendations. The Governor is authorized to enforce the
761 findings and recommendations of the Commission on Ethics,
762 pursuant to part III of chapter 112 and to remove from office a
763 commissioner who is found by the Commission on Ethics to have
764 willfully and knowingly violated this subsection. The Governor
765 shall remove from office a commissioner who is found by the
766 Commission on Ethics to have willfully and knowingly violated
767 this subsection after a previous finding by the Commission on
768 Ethics that the commissioner willfully and knowingly violated
769 this subsection in a separate matter.
770 3. If a commissioner fails or refuses to pay the
771 Commission on Ethics any civil penalties assessed pursuant to
772 this subsection, the Commission on Ethics may bring an action in
773 any circuit court to enforce such penalty.
774 4. If, during the course of an investigation by the
775 Commission on Ethics into an alleged violation of this

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776 subsection, allegations are made as to the identity of the
777 person who participated in the ex parte communication, that
778 person must be given notice and an opportunity to participate in
779 the investigation and relevant proceedings to present a defense.
780 If the Commission on Ethics determines that the person
781 participated in the ex parte communication, the person may not
782 appear before the commission or otherwise represent anyone
783 before the commission for a period of 2 years.
784 Section 5. Effective July 1, 2022, paragraph (f) of
785 subsection (1) and subsection (7) of section 285.710, Florida
786 Statutes, are amended to read:
787 285.710 Compact authorization.—
788 (1) As used in this section, the term:
789 (f) "State compliance agency" means the Florida Gaming
790 Control Commission Division of Pari-mutuel Wagering of the
791 Department of Business and Professional Regulation which is
792 designated as the state agency having the authority to carry out
793 the state's oversight responsibilities under the compact.
794 (7) The Florida Gaming Control Commission The Division of
795 Pari-mutuel Wagering of the Department of Business and
796 Professional Regulation is designated as the state compliance
797 agency having the authority to carry out the state's oversight
798 responsibilities under the compact authorized by this section.
799 Section 6. (1) Effective July 1, 2022, all powers,
800 duties, functions, records, offices, personnel, associated

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801 administrative support positions, property, pending issues,
802 existing contracts, administrative authority, administrative
803 rules, and unexpended balances of appropriations, allocations,
804 and other funds in the Department of Business and Professional
805 Regulation related to the oversight responsibilities by the
806 state compliance agency for authorized gaming compacts under s.
807 285.710, Florida Statutes, the regulation of pari-mutuel
808 wagering under chapter 550, Florida Statutes, the regulation of
809 slot machines and slot machine gaming under chapter 551, Florida
810 Statutes, and the regulation of cardrooms under s. 849.086,
811 Florida Statutes, are transferred by a type two transfer, as
812 defined in s. 20.06(2), Florida Statutes, to the Florida Gaming
813 Control Commission within the Department of Legal Affairs,
814 Office of the Attorney General.
815 (2) Notwithstanding chapter 60L-34, Florida Administrative
816 Code, or any law to the contrary, employees who are transferred
817 from the Department of Business and Professional Regulation to
818 the Florida Gaming Control Commission within the Department of
819 Legal Affairs, Office of the Attorney General to fill positions
820 transferred by this act, retain and transfer any accrued annual
821 leave, sick leave, and regular and special compensatory leave
822 balances.
823 (3) The Department of Legal Affairs shall provide
824 administrative support to the Florida Gaming Control Commission
825 until the transfer in subsection (1) is complete.

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826 Section 7. Paragraph (a) of subsection (2) of section
827 932.701, Florida Statutes, is amended to read:
828 932.701 Short title; definitions.—
829 (2) As used in the Florida Contraband Forfeiture Act:
830 (a) "Contraband article" means:
831 1. Any controlled substance as defined in chapter 893 or
832 any substance, device, paraphernalia, or currency or other means
833 of exchange that was used, was attempted to be used, or was
834 intended to be used in violation of any provision of chapter
835 893, if the totality of the facts presented by the state is
836 clearly sufficient to meet the state's burden of establishing
837 probable cause to believe that a nexus exists between the
838 article seized and the narcotics activity, whether or not the
839 use of the contraband article can be traced to a specific
840 narcotics transaction.
841 2. Any equipment, gambling device, apparatus, material of
842 gaming, proceeds, substituted proceeds, real or personal
843 property, Internet domain name, gambling paraphernalia, lottery
844 tickets, money, currency, or other means of exchange which was
845 obtained, received, used, was attempted to be used, or intended
846 to be used in violation of the gambling laws of the state,
847 including any violation of ch. 24, ch. 285, ch. 546, ch. 550,
848 ch. 551, and ch. 849.
849 3. Any equipment, liquid or solid, which was being used,
850 is being used, was attempted to be used, or intended to be used

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851 in violation of the beverage or tobacco laws of the state.
852 4. Any motor fuel upon which the motor fuel tax has not
853 been paid as required by law.
854 5. Any personal property, including, but not limited to,
855 any vessel, aircraft, item, object, tool, substance, device,
856 weapon, machine, vehicle of any kind, money, securities, books,
857 records, research, negotiable instruments, or currency, which
858 was used or was attempted to be used as an instrumentality in
859 the commission of, or in aiding or abetting in the commission
860 of, any felony, whether or not comprising an element of the
861 felony, or which is acquired by proceeds obtained as a result of
862 a violation of the Florida Contraband Forfeiture Act.
863 6. Any real property, including any right, title,
864 leasehold, or other interest in the whole of any lot or tract of
865 land, which was used, is being used, or was attempted to be used
866 as an instrumentality in the commission of, or in aiding or
867 abetting in the commission of, any felony, or which is acquired
868 by proceeds obtained as a result of a violation of the Florida
869 Contraband Forfeiture Act.
870 7. Any personal property, including, but not limited to,
871 equipment, money, securities, books, records, research,
872 negotiable instruments, currency, or any vessel, aircraft, item,
873 object, tool, substance, device, weapon, machine, or vehicle of
874 any kind in the possession of or belonging to any person who
875 takes aquaculture products in violation of s. 812.014(2)(c).

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876 8. Any motor vehicle offered for sale in violation of s.
877 320.28.
878 9. Any motor vehicle used during the course of committing
879 an offense in violation of s. 322.34(9)(a).
880 10. Any photograph, film, or other recorded image,
881 including an image recorded on videotape, a compact disc,
882 digital tape, or fixed disk, that is recorded in violation of s.
883 810.145 and is possessed for the purpose of amusement,
884 entertainment, sexual arousal, gratification, or profit, or for
885 the purpose of degrading or abusing another person.
886 11. Any real property, including any right, title,
887 leasehold, or other interest in the whole of any lot or tract of
888 land, which is acquired by proceeds obtained as a result of
889 Medicaid fraud under s. 409.920 or s. 409.9201; any personal
890 property, including, but not limited to, equipment, money,
891 securities, books, records, research, negotiable instruments, or
892 currency; or any vessel, aircraft, item, object, tool,
893 substance, device, weapon, machine, or vehicle of any kind in
894 the possession of or belonging to any person which is acquired
895 by proceeds obtained as a result of Medicaid fraud under s.
896 409.920 or s. 409.9201.
897 12. Any personal property, including, but not limited to,
898 any vehicle, item, object, tool, device, weapon, machine, money,
899 security, book, or record, that is used or attempted to be used
900 as an instrumentality in the commission of, or in aiding and

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901 abetting in the commission of, a person's third or subsequent
902 violation of s. 509.144, whether or not comprising an element of
903 the offense.
904 Section 8. The Division of Law Revision shall prepare a
905 reviser's bill to conform the Florida Statutes to the transfer
906 described in section 6 of this act.
907 Section 9. Except as otherwise expressly provided in this
908 act, and except for this section, which shall take effect upon
909 this act becoming a law, this act shall take effect on the same
910 date that PCB COM 21-05 or similar legislation takes effect, if
911 such legislation is adopted in the same legislative session or
912 an extension thereof and becomes a law.

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COMMERCE COMMITTEE

PCB COM 21-03
Gaming Enforcement

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. Beltran (line 162):
• Clarifies that a background check must be completed before a commissioner is
appointed.

Amendment 2 by Rep. Beltran (line 511):
• Removes a drafting error.

Amendment 3 by Rep. Beltran (line 621):
• Removes a duplicative provision.

Amendment 4 by Rep. Beltran (line 701):
• Clarifies that the provision only applies to tribes with a valid compact with the state.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-03 (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 Beltran offered the following:
3
4 Amendment
5 Remove lines 162-175 and insert:
6 4. A person may not be appointed by the Governor to the
7 Gaming Control Commission until after a background investigation
8 of the person is conducted by the Department of Law Enforcement
9 and the investigation is forwarded to the Governor.
10 5. A person who holds any office in a political party, who
11 has been convicted of a felony, or who has been convicted of a
12 misdemeanor related to gambling within the previous 10 years may
13 not apply to the Governor for appointment.
14 6. The Governor may not solicit or request any
15 nominations, recommendations or communications about potential
16 candidates for appointment to the commission from:
PCB COM 21-03 a1
Published On: 4/13/2021 8:21:48 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-03 (2021)
Amendment No. 1

17 a. Any person that holds a permit or license issued under
18 chapter 550, or a license issued under chapter 551

PCB COM 21-03 a1
Published On: 4/13/2021 8:21:48 PM
Page 2 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-03 (2021)
Amendment No. 2

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 Beltran offered the following:
3
4 Amendment
5 Remove lines 511-513
6

PCB COM 21-03 a2
Published On: 4/13/2021 8:22:46 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-03 (2021)
Amendment No. 3

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 Beltran offered the following:
3
4 Amendment
5 Remove lines 621-625
6

PCB COM 21-03 a3
Published On: 4/13/2021 8:23:40 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-03 (2021)
Amendment No. 4

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 Beltran offered the following:
3
4 Amendment
5 Remove line 701 and insert:
6 tribe that has a valid and active compact with the state.

PCB COM 21-03 a4
Published On: 4/13/2021 8:24:37 PM
Page 1 of 1
PCB COM 21-04
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCB COM 21-04 Public Records and Public Meetings Exemptions/Florida Gaming Control
Commission
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS: SB 7078

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Thompson Hamon

SUMMARY ANALYSIS
In general, gambling is illegal in Florida. However, certain gaming activities are authorized by law and
regulated by the state, including the state lottery, pari-mutuel wagering at licensed greyhound and horse tracks
and jai alai frontons, slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County, and cardrooms at certain pari-mutuel facilities, penny-ante games, bingo, charitable
drawings, game promotions (sweepstakes), and bowling tournaments. The Department of Business and
Professional Regulation (DBPR), Division of Pari-Mutuel Wagering (division) regulates pari-mutuel wagering,
slot machines, and cardrooms, and the criminal prosecution of illegal gambling is generally referred to the
county or local prosecuting authority

PCB COM 21-03, to which this bill is linked, establishes additional enforcement measures to address violations
of gambling laws and the conduct of unauthorized gaming in the state, including the creation of the Florida
Gaming Control Commission (commission) within the Department of Law Enforcement (DLA). The commission
will be responsible for regulation of pari-mutuel wagering, slot machines, and cardrooms, and the state
compliance agency’s oversight responsibilities for authorized gaming compacts via a type two transfer from
DBPR. The commission will also be a criminal justice agency.

The bill provides that portions of meetings of the commission during which information made exempt or
confidential and exempt is discussed are exempt from Florida public meetings requirements.

The bill provides that recordings of, and any minutes and notes generated during, that portion of a commission
meeting which is closed to the public pursuant to this public meetings exemptions, are confidential and exempt
from public records requirements until such time as the information discussed is no longer exempt or
confidential and exempt.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcb04.COM
DATE: 4/13/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Public Records

Article I, s. 24(a) of the State Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of Article I, section 24(a). 1
The general law must state with specificity the public necessity justifying the exemption 2 and must be
no more broad than necessary to accomplish its purpose. 3

Public Meetings

Article I, s. 24(b) of the State Constitution sets forth the state’s public policy regarding access to
government meetings. It requires all meetings of any collegial public body of the executive branch of
state government or of any collegial public body of a county, municipality, school district, or special
district, at which official acts are to be taken or at which public business of such body is to be
transacted or discussed, to be noticed and open to the public.

Public policy regarding access to government meetings is also addressed in the Florida Statutes.
Section 286.011, F.S., known as the “Government in the Sunshine Law” or “Sunshine Law,” further
requires all meetings of any board or commission of any state agency or authority or of any agency or
authority of any county, municipal corporation, or political subdivision at which official acts are to be
taken to be open to the public at all times. The board or commission must provide reasonable notice of
all public meetings. 4 Minutes of a public meeting must be promptly recorded and be open to public
inspection. 5

No resolution, rule, or formal action is considered binding, unless action is taken or made at a public
meeting. 6 Acts taken by a board or commission in violation of this requirement are considered void, 7
though a failure to comply with open meeting requirements may be cured by independent final action by
the board or commission fully in compliance with public meeting requirements. 8

Public Record and Public Meeting Exemptions

The Legislature may provide by general law for the exemption of records and meetings from the
requirements of Article I, s. 24(a) and (b) of the State Constitution. 9 The general law must state with
specificity the public necessity justifying the exemption and must be no more broad than necessary to
accomplish its purpose. 10

1
Art. I, s. 24(c), FLA. CONST.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Art. I, s. 24(c), FLA. CONST.
4
S. 286.011(1), F.S.
5
S. 286.011(2), F.S.
6
S. 286.011(1), F.S.
7
Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st DCA 2010).
8
Finch v. Seminole Cnty. Sch. Bd., 995 So. 2d 1068 (Fla. 5th DCA 2008).
9
Art. I, s. 24(c), FLA. CONST.
10
Id.
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Furthermore, the Open Government Sunset Review Act 11 provides that a public record or public
meeting exemption may be created or maintained only if it serves an identifiable public purpose. In
addition, it may be no broader than is necessary to meet one of the following purposes:
• Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
• Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
• Protect trade or business secrets. 12

Division of Pari-mutuel Wagering

In general, gambling is illegal in Florida. 14 Chapter 849, F.S., prohibits keeping a gambling house, 15
running a lottery, 16 or the manufacture, sale, lease, play, or possession of slot machines. 17 However,
the following gaming activities are authorized by law and regulated by the state:
• Pari-mutuel 18 wagering at licensed greyhound and horse tracks and jai alai frontons; 19
• Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County; 20 and
• Cardrooms 21 at certain pari-mutuel facilities. 22

The 1968 State Constitution states that “[l]otteries, other than the types of pari-mutuel pools authorized
by law as of the effective date of this constitution . . .” are prohibited. 23 A constitutional amendment
approved by the voters in 1986 authorized state-operated lotteries. Net proceeds of the lottery are
deposited to the Educational Enhancement Trust Fund (EETF) and appropriated by the Legislature.
Lottery operations are self-supporting and function as an entrepreneurial business enterprise. 24

Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante
games, 25 bingo, 26 charitable drawings, 27 game promotions (sweepstakes), 28 and bowling

11
S. 119.15, F.S.
12
S. 119.15(6)(b), F.S.
13
S. 119.15(3), F.S.
14
S. 849.08, F.S.
15
S. 849.01, F.S.
16
S. 849.09, F.S.
17
S. 849.16, F.S.
18
“Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,
after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
19
See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
20
See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
21
S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of
value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
22
The Department of Business and Professional Regulation (DBPR) has issued licenses to permitholders with 2021-2022 Operating
Licenses to operate 27 cardrooms. See http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/permitholder-operating-
licenses-2021-2022/ (last visited Apr. 7, 2021).
23
The pari-mutuel pools that were authorized by law on the effective date of the Florida Constitution, as revised in 1968, include
horseracing, greyhound racing, and jai alai games. The revision was ratified by the electorate on November 5, 1968.
24
The Department of the Lottery is authorized by s. 15, Art. X, Florida Constitution. Chapter 24, F.S., was enacted by ch. 87-65, Laws
of Fla., to establish the state lottery. Section 24.102, F.S., states the legislative purpose and intent for the operations of the state lottery.
25
S. 849.085, F.S.
26
S. 849.0931, F.S.
27
S. 849.0935, F.S.
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tournaments. 29 The Family Amusement Games Act was enacted in 2015 and authorizes skill-based
amusement games and machines at specified locations. 30

A license to offer pari-mutuel wagering, slot machine gambling, or a cardroom at a pari-mutuel facility is
a privilege granted by the state. 31 The Division of Pari-mutuel Wagering (division) in the Department of
Business and Professional Regulation (DBPR) regulates pari-mutuel wagering. The division has
regulatory oversight of permitted and licensed pari-mutuel wagering facilities, cardrooms located at
pari-mutuel facilities, and slot machines at pari-mutuel facilities located in Miami-Dade and Broward
counties. According to the division, there were eight license suspensions, and $19,075 in fines
assessed for violations of all pari-mutuel statutes and administrative rules in Fiscal Year 2019-2020. 32

Ten permitholders were not issued operating licenses for Fiscal Year 2020-2021: two greyhound
permitholders, 33 two jai alai permitholders, 34 one limited thoroughbred permitholder, 35 and five quarter
horse permitholders. 36

PCB COM 21-03

PCB COM 21-03, to which this bill is linked, establishes additional enforcement measures to address
violations of gambling laws and the conduct of unauthorized gaming in the state, including granting
additional investigatory and prosecutorial authority to the Office of Statewide Prosecution in Department
of Legal Affairs (DLA), and the creation of the Florida Gaming Control Commission (commission) within
the DLA.

The commission consists of five members, one from each appellate district, to be appointed by the
Governor by January 1, 2022, subject to Senate confirmation. Of the five members:
• At least one member must be experienced in law enforcement and criminal investigation.
• At least one member must be a certified public accountant licensed in this state and
experienced in accounting and auditing.
• At least one member must be an attorney admitted and authorized to practice law in this state.

The commission must meet at the call of the chair, or at the request of a majority of its members, and:
• Exercise all state regulatory and executive powers respecting gambling, including, without
limitation, pari-mutuel wagering, cardrooms, slot machine facilities, oversight of gaming
compacts executed by the state pursuant to the Federal Indian Gaming Regulatory Act, and any
other forms of gambling authorized by the state constitution or law, but not lottery games
operated by the state.
• Establish procedures consistent with ch. 120, F.S., (Administrative Procedure Act) to ensure
adequate due process in exercising its regulatory and executive functions.

28
S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
29
S. 849.141, F.S.
30
S. 546.10, F.S.
31
See s. 550.1625(1), F.S., “…legalized pari-mutuel betting at dog tracks is a privilege and is an operation that requires strict
supervision and regulation in the best interests of the state.” See also, Solimena v. State, 402 So.2d 1240, 1247 (Fla. 3d DCA 1981),
review denied, 412 So.2d 470, which states “Florida courts have consistently emphasized the special nature of legalized racing,
describing it as a privilege rather than as a vested right,” citing State ex rel. Mason v. Rose, 122 Fla. 413, 165 So. 347 (1936).
32
Department of Business and Professional Regulation Division of Pari-mutuel Wagering, 89th Annual Report for Fiscal Year 2019-
2020, AnnualReport-2019-2020--89th--20210224.pdf pg. 5, (last visited Apr. 7, 2021).
33
Jefferson County Kennel Club (Monticello) and North American Racing Association (Key West).
34
Gadsden Jai-alai (Chattahoochee) and Tampa Jai Alai.
35
Under s. 550.3345, F.S., during Fiscal Year 2010-2011 only, holders of quarter horse racing permits were allowed to convert their
permits to a thoroughbred racing permit, conditioned upon specific use of racing revenues for enhancement of thoroughbred purses
and awards, promotion of the thoroughbred horse industry, and the care of retired thoroughbred horses. Two conversions occurred,
Gulfstream Park Thoroughbred After Racing Program (GPTARP) (Hallandale, Broward County), which was licensed to operate in
2019-2020, and Ocala Thoroughbred Racing (Marion County), which was not licensed to operate.
36
ELH Jefferson (Jefferson County), DeBary Real Estate Holdings (Volusia County), North Florida Racing (Jacksonville), Pompano
Park Racing (Pompano Beach), and St. Johns Racing (St. Johns County). See
http://www.myfloridalicense.com/dbpr/pmw/documents/PermitholdersList_2020-2021.pdf (last visited Apr. 7, 2021).
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• Ensure that Florida law is not interpreted in any manner that expands the activities authorized in
ch. 24, F.S., (State Lotteries), ch. 285, F.S., (Indian Reservations and Affairs), ch. 546, F.S.,
(Amusement Facilities), ch. 550, F.S., (Pari-mutuel Wagering), ch. 551, F.S., (Slot Machines), or
ch. 849, F.S. (Gambling).
• Review any matter within the scope of the jurisdiction of the division.
• Review the regulation of licensees, permitholders, or persons regulated by the division and the
procedures used by the division to implement and enforce the law.
• Review the procedures of the division used to qualify applicants for a license, permit, or
registration.
• Refer criminal violations of ch. 24, F.S., (State Lotteries), ch. 546, F.S., (Amusement Facilities),
ch. 550, F.S., (Pari-mutuel Wagering), ch. 551, F.S., (Slot Machines), or ch. 849, F.S.,
(Gambling) to the appropriate state attorney or to the Office of Statewide Prosecution, as
applicable.
• Exercise all other powers and perform any other duties prescribed by the Legislature.

PCB COM 21-03 authorizes the commission to subpoena witnesses and compel their attendance and
testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of
any books, papers, records, or other items relevant to the commission’s duties or powers. The
commission may meet in any city or county of the state.

PCB COM 21-03 provides for a type two transfer pursuant to s. 20.06(2), F.S., effective July 1, 2022, of
all powers and duties, personnel, administrative rules, and funding of DBPR, relating to the regulation
of pari-mutuel wagering, slot machines, and cardrooms, and the state compliance agency’s oversight
responsibilities for authorized gaming compacts, to the commission.

Effect of the Bill

The bill creates s. 16.71(11), F.S., to require that portions of meetings of the commission during which
information made exempt or confidential and exempt 37 is discussed are exempt from s. 286.011, F.S.,
and s. 24(b), Art I. of the State Constitution (Florida public meetings requirements).

Under the bill:
• The chair of the commission is required to advise the commission at a public meeting that, in
connection with the performance of a commission duty, it is necessary that the commission hear
or discuss information that is exempt or confidential and exempt.
• The chair's declaration of necessity for closure and the specific reasons for such necessity must
be stated in writing in a document that is a public record and must be filed with the official
records of the commission.
• The entire closed session must be recorded, and:
o The recording must include the times of commencement and termination of the closed
session, all discussion and proceedings, and the names of all persons present.
o No portion of the session is allowed to be off the record.
o Such recording must be maintained by the commission.

Further, only members of the commission, Department of Law Enforcement staff supporting the
commission's function, and other persons whose presence is necessary for the presentation of exempt
or confidential and exempt information shall be allowed to attend the exempted portions of the
commission meetings. The commission shall assure that any closure of its meetings as authorized by
this paragraph is limited so that the general policy of this state in favor of public meetings is maintained.

37
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla.
(1985).
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The bill provides that recordings of, and any minutes and notes generated during, that portion of a
commission meeting which is closed to the public pursuant to this subsection are confidential and
exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution (Florida public records
requirements), until such time as the information discussed is no longer exempt or confidential and
exempt.

The bill provides a statement of public necessity as required by the Florida Constitution, which provides
the following legislative findings:
• “That it is a public necessity to maintain the exempt or confidential and exempt status of any
exempt or confidential and exempt information obtained by the Florida Gaming Control
Commission. In the absence of this exemption, sensitive confidential or exempt information
would be disclosed. In addition, the Legislature finds that it is a public necessity that portions of
meetings of the Florida Gaming Control Commission wherein confidential and exempt
information is discussed be made exempt from public meetings requirements. The release of
confidential and exempt information via a public meeting defeats the purpose of a public records
exemption. Accordingly, the Legislature finds that the harm to the public that would result from
the release of such information substantially outweighs any minimal public benefit derived
therefrom.”
• “That during limited portions of the meetings of the Florida Gaming Control Commission it is
necessary that the commission be presented with and discuss details, information, and
documents related to active criminal intelligence information or active criminal investigative
information. These presentations and discussions are necessary for the commission to make its
decisions for licensing of persons for pari-mutuel and gaming activities, and for decisions
related to gaming enforcement and enforcement of gambling laws as required by the
Legislature under this act. The Legislature finds that to reveal the contents of documents
containing active criminal investigative or intelligence information or to allow active criminal
investigative or active criminal intelligence matters to be discussed in a meeting open to the
public negatively impacts the ability of law enforcement agencies to efficiently continue their
investigative or intelligence gathering activities. The Legislature finds that information coming
before the commission that pertains to active criminal investigations or intelligence should
remain confidential and exempt from public disclosure. The Legislature finds that the Florida
Gaming Control Commission may, by declaring only those portions of commission meetings in
which active criminal investigative or active criminal intelligence information is to be presented
or discussed closed to the public, assure an appropriate balance between the policy of this state
that meetings be public and the policy of this state to facilitate efficient law enforcement efforts.”

Accordingly, the Legislature finds that the harm to the public that would result from the release of such
information substantially outweighs any minimal public benefit derived therefrom.

This section provides that the exemption is subject to the Open Government Sunset Review Act and
will repeal on October 2, 2026, unless the Legislature reviews and reenacts the exemptions by that
date.

The bill takes effect on the same date that PCB COM 21-03 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.

B. SECTION DIRECTORY:
Section 1: Creates a public records exemption for certain information and meetings of the Florida
Gaming Control Commission in s. 16.71, F.S.

Section 2: Provides a public necessity statement as required by the Florida Constitution.

Section 3: Provides an effective date of the same date that PCB COM 21-03 or similar legislation
takes effect, if such legislation is adopted in the same legislative session or an extension
thereof and becomes law.

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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

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. This bill does not appear to affect county or municipal governments.

2. Other:
Vote Requirement

Public Necessity Statement

Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public meeting
exemption; thus, it includes a public necessity statement.

Breadth of Exemption

Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public record
or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
the law. The bill creates a public meeting exemption for portions of meetings of the commission
during which information made exempt or confidential and exempt is discussed, which does not
appear to be broader than necessary to accomplish its purpose.

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B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.

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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

PCB COM 21-04 2021

1 A bill to be entitled
2 An act relating to public records and public meetings;
3 amending s. 16.71, F.S.; specifying that any exempt or
4 confidential and exempt information obtained by the
5 Florida Gaming Control Commission retains its exempt
6 or confidential and exempt status; providing an
7 exemption from public meetings requirements for
8 portions of meetings of the commission wherein
9 confidential or exempt information is discussed;
10 specifying the commission is a criminal justice
11 agency; authorizing the commission to close portions
12 of meetings during which certain criminal matters are
13 discussed if certain requirements are met; providing
14 an exemption from public meetings requirements for
15 such portions of meetings; providing an exemption from
16 public records requirements for documents and
17 recordings relating to such exempt portions of
18 meetings; providing for future review and repeal;
19 providing a statement of public necessity; providing a
20 contingent effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (15) is added to section 16.71, as
25 created by HB ___, 2021 Regular Session, to read:

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PCB COM 21-04 2021

26 16.71 Florida Gaming Control Commission.—
27 (15)(a) Portions of meetings of the commission during
28 which information made exempt or confidential and exempt is
29 discussed are exempt from s. 286.011 and s. 24(b), Art I. of the
30 State Constitution.
31 1. The chair of the commission shall advise the commission
32 at a public meeting that, in connection with the performance of
33 a commission duty, it is necessary that the commission hear or
34 discuss information that is exempt or confidential and exempt.
35 2. The chair's declaration of necessity for closure and
36 the specific reasons for such necessity shall be stated in
37 writing in a document that shall be a public record and shall be
38 filed with the official records of the commission.
39 3. The entire closed session shall be recorded. The
40 recording shall include the times of commencement and
41 termination of the closed session, all discussion and
42 proceedings, and the names of all persons present. No portion of
43 the session shall be off the record. Such recording shall be
44 maintained by the commission.
45 (b) Only members of the commission, Department of Law
46 Enforcement staff supporting the commission's function, and
47 other persons whose presence is necessary for the presentation
48 of exempt or confidential and exempt information shall be
49 allowed to attend the exempted portions of the commission
50 meetings. The commission shall assure that any closure of its

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PCB COM 21-04 2021

51 meetings as authorized by this paragraph is limited so that the
52 general policy of this state in favor of public meetings is
53 maintained.
54 (c) A recording of, and any minutes and notes generated
55 during, that portion of a Florida Gaming Control Commission
56 meeting which is closed to the public pursuant to this
57 subsection are confidential and exempt from s. 119.07(1) and s.
58 24(a), Art. I of the State Constitution until such time as the
59 information discussed is no longer exempt or confidential and
60 exempt.
61 (d) This subsection is subject to the Open Government
62 Sunset Review Act in accordance with s. 119.115 and is repealed
63 on October 2, 2026, unless reviewed and saved from repeal
64 through reenactment by the Legislature.
65 Section 2. (1) The Legislature finds that it is a public
66 necessity to maintain the exempt or confidential and exempt
67 status of any exempt or confidential and exempt information
68 obtained by the Florida Gaming Control Commission. In the
69 absence of this exemption, sensitive confidential or exempt
70 information would be disclosed. In addition, the Legislature
71 finds that it is a public necessity that portions of meetings of
72 the Florida Gaming Control Commission wherein confidential and
73 exempt information is discussed be made exempt from public
74 meetings requirements. The release of confidential and exempt
75 information via a public meeting defeats the purpose of a public

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PCB COM 21-04 2021

76 records exemption. Accordingly, the Legislature finds that the
77 harm to the public that would result from the release of such
78 information substantially outweighs any minimal public benefit
79 derived therefrom.
80 (2) The Legislature finds that during limited portions of
81 the meetings of the Florida Gaming Control Commission it is
82 necessary that the commission be presented with and discuss
83 details, information, and documents related to active criminal
84 intelligence information or active criminal investigative
85 information. These presentations and discussions are necessary
86 for the commission to make its decisions for licensing of
87 persons for pari-mutuel and gaming activities, and for decisions
88 related to gaming enforcement and enforcement of gambling laws
89 as required by the Legislature under this act. The Legislature
90 finds that to reveal the contents of documents containing active
91 criminal investigative or intelligence information or to allow
92 active criminal investigative or active criminal intelligence
93 matters to be discussed in a meeting open to the public
94 negatively impacts the ability of law enforcement agencies to
95 efficiently continue their investigative or intelligence
96 gathering activities. The Legislature finds that information
97 coming before the commission that pertains to active criminal
98 investigations or intelligence should remain confidential and
99 exempt from public disclosure. The Legislature finds that the
100 Florida Gaming Control Commission may, by declaring only those

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101 portions of commission meetings in which active criminal
102 investigative or active criminal intelligence information is to
103 be presented or discussed closed to the public, assure an
104 appropriate balance between the policy of this state that
105 meetings be public and the policy of this state to facilitate
106 efficient law enforcement efforts. Accordingly, the Legislature
107 finds that the harm to the public that would result from the
108 release of such information substantially outweighs any minimal
109 public benefit derived therefrom.
110 Section 3. This act shall take effect on the same date
111 that PCB COM 21-03 or similar legislation takes effect, if such
112 legislation is adopted in the same legislative session or an
113 extension thereof and becomes a law.

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PCB COM 21-05
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCB COM 21-05 Requirements for Pari-mutuel Permitholders to Conduct Racing or Games
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Thompson Hamon

SUMMARY ANALYSIS
During the 2018 General Election, the electorate approved an initiative constitutional amendment, Amendment
13, Prohibition on Racing of and Wagering on Greyhounds or Other Dogs. Amendment 13 states that,
beginning on January 1, 2019, greyhound tracks may discontinue live greyhound racing while continuing to
operate its other forms of gaming. Beginning on January 1, 2021, Amendment 13 completely prohibits
wagering on live greyhound racing in Florida, requiring the closure of all greyhound racetracks in the state.
Cardroom and slot machine facilities at the greyhound tracks may continue to operate after the closure of
racing activities.

The bill:
• Codifies the prohibition of greyhound racing, updates certain provisions in Florida law that are
inconsistent with the prohibition of live racing of greyhounds, and removes requirements for greyhound
permitholders, jai alai permitholders, and harness horse permitholders to conduct live racing or games.
• Limits permits for the operation of a pari-mutuel facility, cardroom, or slot machine facility to facilities
with permits on November 6, 2018.
• Provides that no pari-mutuel facility, cardroom, or slot machine facility may be relocated, and no pari-
mutuel wagering permit may be converted to another class of permit.
• Revises the requirement for pari-mutuel permitholders to conduct live racing or games to provide:
o A greyhound permitholder may not conduct live racing.
o A jai alai permitholder, harness horse racing permitholder, or quarter horse racing permitholder
may elect not to conduct live racing or games.
o A thoroughbred permitholder must conduct live racing.
• Provides that a greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or
quarter horse racing permitholder that does not conduct live racing or games:
o Retains its permit;
o Is a pari-mutuel facility as defined in law;
o Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting;
o Remains eligible for a cardroom license; and
o If such permitholder has been issued a slot machine license, that facility continues to be eligible for
a slot machine license.
• Maintains current law requiring thoroughbred permitholders to continue live racing to maintain eligibility
for a cardroom license or slot machine license.
• Authorizes permitholders (those without a live requirement and those in compliance with live
requirements) to receive broadcasts of any class of pari-mutuel race or game and accept wagers on
such races or games.
• Modifies requirements for the locations of designated slot machine gaming areas.
• For Fiscal Year 2021-2022 only, the division may approve changes to a permitholder’s operating dates
if the request is received before July 1, 2021.
The bill may have an indeterminate impact on state government.
The effective date of the bill is July 1, 2021, but only if PCB COM 21-03 or similar legislation takes effect.

FULL ANALYSIS

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

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Background

A license to offer pari-mutuel wagering, slot machine gambling, or a cardroom at a pari-mutuel facility is
a privilege granted by the state. 10

The 1968 State Constitution states that “[l]otteries, other than the types of pari-mutuel pools authorized
by law as of the effective date of this constitution . . .” are prohibited. 11 A constitutional amendment
approved by the voters in 1986 authorized state-operated lotteries. Net proceeds of the lottery are
deposited to the Educational Enhancement Trust Fund (EETF) and appropriated by the Legislature.
Lottery operations are self-supporting and function as an entrepreneurial business enterprise. 12

Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante
games, 13 bingo, 14 charitable drawings, 15 game promotions (sweepstakes), 16 and bowling
tournaments. 17 The Family Amusement Games Act was enacted in 2015 and authorizes skill-based
amusement games and machines at specified locations. 18

1
S. 849.08, F.S.
2
S. 849.01, F.S.
3
S. 849.09, F.S.
4
S. 849.16, F.S.
5
“Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,
after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
6
See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
7
See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
8
S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of
value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
9
The Department of Business and Professional Regulation (DBPR) has issued licenses to permitholders with 2021-2022 Operating
Licenses to operate 27 cardrooms. See http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/permitholder-operating-
licenses-2021-2022/ (last visited Apr. 7, 2021).
10
See s. 550.1625(1), F.S., “…legalized pari-mutuel betting at dog tracks is a privilege and is an operation that requires strict
supervision and regulation in the best interests of the state.” See also, Solimena v. State, 402 So.2d 1240, 1247 (Fla. 3d DCA 1981),
review denied, 412 So.2d 470, which states “Florida courts have consistently emphasized the special nature of legalized racing,
describing it as a privilege rather than as a vested right,” citing State ex rel. Mason v. Rose, 122 Fla. 413, 165 So. 347 (1936).
11
The pari-mutuel pools that were authorized by law on the effective date of the Florida Constitution, as revised in 1968, include
horseracing, greyhound racing, and jai alai games. The revision was ratified by the electorate on November 5, 1968.
12
The Department of the Lottery is authorized by s. 15, Art. X, Florida Constitution. Chapter 24, F.S., was enacted by ch. 87-65, Laws
of Fla., to establish the state lottery. Section 24.102, F.S., states the legislative purpose and intent for the operations of the state lottery.
13
S. 849.085, F.S.
14
S. 849.0931, F.S.
15
S. 849.0935, F.S.
16
S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
17
S. 849.141, F.S.
18
S. 546.10, F.S.
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Lotteries

Lotteries may be operated by the state…. On the effective date of this amendment, the lotteries
shall be known as the Florida Education Lotteries. Net proceeds derived from the lotteries shall
be deposited to a state trust fund, to be designated The State Education Lotteries Trust Fund, to
be appropriated by the Legislature. The schedule may be amended by general law. 21

Indian Gaming and Regulatory Act

IGRA separates gaming activities into three categories:
• Class I games are “social games solely for prizes of minimal value or traditional forms of Indian
gaming engaged in by individuals as a part of, or in connection with, tribal ceremonies or
celebrations.” 24 Class I games are within the exclusive jurisdiction of the Indian tribes. 25
• Class II games are bingo and card games that are explicitly authorized or are not explicitly
prohibited by the laws of the State. 26 The tribes may offer Class II card games “only if such card
games are played in conformity with those laws and regulations (if any) of the State regarding
hours or periods of operation of such card games or limitations on wagers or pot sizes in such
card games.” Class II gaming does not include “any banking card games, including baccarat,

19
The pari-mutuel pools that were authorized by law on the effective date of the Florida Constitution, as revised in 1968, include
horseracing, greyhound racing, and jai alai games. The new state constitution was ratified by the electorate on November 5, 1968.
20
Little River Theatre Corp v. State, 185 So. 854, 868 (Fla. 1939).
21
The Department of the Lottery is authorized by Article X, Section 15 of the Florida Constitution. Chapter 24, F.S., was enacted by
ch. 87-65, L.O.F., to establish the state lottery. Section 24.102, F.S., creates the Department of the Lottery and states the Legislature’s
intent that it be self-supporting and revenue-producing and function as an entrepreneurial business enterprise.
22
United States Senate Report No. 100-446, Aug. 3, 1988.
23
Id.
24
25 U.S.C. 2703(6).
25
25 U.S.C. 2710(a)(1).
26
25 U.S.C. 2703(7)(A).
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chemin de fer, or blackjack (21), or electronic or electromechanical facsimiles of any game of
chance or slot machines of any kind.” 27 Class II games are also within the jurisdiction of the
Indian tribes, but are also subject to the provisions of IGRA. 28
• Class III games are defined as any games that are not Class I or Class II. Class III games
include slot machines and banked card games such as blackjack, baccarat and chemin de fir. 29

Any compact that is entered into by a tribe and a state will take effect when approval by the Secretary
of the Interior is published in the Federal Register. 34 Upon receipt of a proposed compact, the
Secretary has 45 days to approve or disapprove the compact. 35 A compact will be considered approved
if the Secretary fails to act within the 45-day period. A compact that has not been validly “entered into”
by a state and a tribe (e.g., execution of a compact by a state officer who lacks the authority to bind the
state) cannot be put “into effect”, even if the Secretary of the Interior publishes the compact in the
Federal Register. 36

27
25 U.S.C. 2703(7)(B).
28
25 U.S.C. 2710(a)(2) and (b).
29
25 U.S.C. 2703; 25 C.F.R. § 502.4.
30
25 U.S.C. 2710(d)(1).
31
25 U.S.C. 2710 (d)(3)(A).
32
25 U.S.C. 2710(d)(7). This option is addressed in Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), which brought into
question whether a tribe has the ability to judicially enforce the provisions of IGRA against a state. The Department of the Interior
adopted rules to provide a remedy for the tribes. The validity of the rules were brought into question in Texas v. United States, 497
F.3d 491, (5th Cir. 2007).
33
25 U.S.C. 2710 (d)(3)(C).
34
25 U.S.C. 2710(d)(3)(B).
35
25 U.S.C. 2710(d)(8)(C).
36
See Pueblo of Santa Ana v. Kelly, 104 F.3d 1546 (10th Cir. 1997).
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There is no explicit provision under IGRA that authorizes revenue sharing. IGRA specifically states:

[N]othing in this section shall be interpreted as conferring upon a State or any of its
political subdivisions authority to impose any tax, fee, charge, or other assessment upon
an Indian tribe or upon any other person or entity authorized by an Indian tribe to engage
in a class III activity. No State may refuse to enter into the negotiations described in
paragraph (3) (A) based upon the lack of authority in such State, or its political
subdivisions, to impose such a tax, fee, charge, or other assessment. 37

The 2010 Compact

The 2010 Compact provides for revenue sharing from the Tribe to the State. For the exclusive authority
to offer banked card games on tribal lands at five locations for five years and to offer slot machine
gaming outside Miami-Dade and Broward Counties, the Tribe pays the State a share of “net win.”
Revenue sharing payments were approximately $240 million per year. The 2010 Compact required the
Tribe to share revenue with the State in the amount of $1 billion over the first five years.

Section 285.710(1)(f), F.S., designates the Division within DBPR as the “state compliance agency”
responsible for carrying out the state’s oversight responsibilities under the 2010 Compact.

Revenue sharing payments cease if:
• The state authorizes new forms of Class III gaming or other casino-style gaming after February
1, 2010, or authorizes Class III gaming or other casino-style gaming at any location outside of
Miami-Dade and Broward counties that was not authorized for such games before February 1,
2010; and
• The new gaming begins to be offered for private or public use.

Starting in July 2015, DBPR and the Seminole Tribe engaged in litigation over the conduct of
“designated player” card games at pari-mutuel facilities.

37
25 U.S.C. 2710(d)(4).
38
See generally In re Indian Gaming Related Cases, 331 F.3d 1094 (9th Cir. 2003)(upholding revenue sharing where revenues were
apportioned to non-gaming tribes); see also Letter From Gale A. Norton, Secretary of the Department of the Interior, to Cyrus
Schindler, President of the Seneca Nation of Indians, November 12, 2002.
39
The Tribe would automatically be authorized to conduct the same games authorized for any other person at any location.
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DATE: 4/13/2021
On November 9, 2016 a federal court ruled that the State had violated the terms of the Compact and
the Tribe was entitled to continue offering banked card games beyond the initial 5-year blackjack
authorization and may continue offering such games for the entire 20-year term of the Compact
(expiring July 2030). The Tribe continued to make full revenue sharing payments to the State
throughout the course of the litigation. The parties did not raise, and consequently the ruling did not
address, the future revenue sharing obligations of the Tribe.

In April 2019 the Tribe stopped revenue sharing payments to the State because the Tribe believed that
aggressive enforcement had not occurred.

Amendment 3 to the State Constitution (Voter Control of Gambling)

Amendment 3 requires a vote proposed by citizen’s initiative to amend the State Constitution pursuant
to Article XI, section 3 to authorize “casino gambling” in Florida. Casino gambling is defined in section
(b) of Amendment 3 as:
• Any of the “types of games typically found in casinos” and that are:
o Within the definition of Class III gaming in the Federal Indian Gaming Regulatory Act, 25
U.S.C. 2701 et seq; and
o In 25 [Code of Federal Regulations] (C.F.R.) § 502.4 upon the adoption of the
amendment and any that are added to such definition of Class III gaming in the future.

Section (b) of Amendment 3 provides that casino gambling includes but is not limited to the following:
• Any house banking game, including but not limited to card games such as baccarat, chemin de
fer, blackjack (21), and pai gow (if played as house banking games);
• Any player-banked game that simulates a house banking game, such as California blackjack;
• Casino games such as roulette, craps, and keno;
• Any slot machines as defined in 15 U.S.C. 1171(a)(1); and
• Any other game not authorized by Article X, section 15 [of the State Constitution, relating to
state operated lotteries], whether or not defined as a slot machine, in which outcomes are
determined by random number generator or are similarly assigned randomly, such as instant or
historical racing.

Under Amendment 3, the term casino “casino gambling” does not include pari-mutuel wagering on
horse racing, dog racing, or jai alai exhibitions. For the purposes of [Amendment 3], “gambling” and
“gaming” are synonymous.

40
See the text of Amendment 3, now codified as art. X, s. 30, at
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes&CFID=44933245&CFTOKEN=f39b1
ca7cab71561-BE329BC7-5056-B837-1A6123F335C4849F#A10S30 (last visited Apr. 7, 2021).
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DATE: 4/13/2021
Additionally, Amendment 3 provides:

Nothing in [Amendment 3] shall be deemed to limit the right of the Legislature to exercise its
authority through general law to restrict, regulate, or tax any gaming or gambling activities.
In addition, nothing in [Amendment 3] shall be construed to limit the ability of the state or
Native American tribes to negotiate gaming compacts pursuant to the Federal Indian
Gaming Regulatory Act for the conduct of casino gambling on tribal lands, or to affect any
existing gambling on tribal lands pursuant to compacts executed by the state and Native
American tribes pursuant to [the Indian Gaming Regulatory Act].

Regulation of Pari-mutuel Wagering

Ten permitholders were not issued operating licenses for Fiscal Year 2020-2021: two greyhound
permitholders, 42 two jai alai permitholders, 43 one limited thoroughbred permitholder, 44 and five quarter
horse permitholders. 45

Issuance of Pari-mutuel Permits and Annual Licenses

41
Department of Business and Professional Regulation Division of Pari-mutuel Wagering, 89th Annual Report for Fiscal Year 2019-
2020, AnnualReport-2019-2020--89th--20210224.pdf pg. 5, (last visited Apr. 7, 2021).
42
Jefferson County Kennel Club (Monticello) and North American Racing Association (Key West).
43
Gadsden Jai-alai (Chattahoochee) and Tampa Jai Alai.
44
Under s. 550.3345, F.S., during Fiscal Year 2010-2011 only, holders of quarter horse racing permits were allowed to convert their
permits to a thoroughbred racing permit, conditioned upon specific use of racing revenues for enhancement of thoroughbred purses
and awards, promotion of the thoroughbred horse industry, and the care of retired thoroughbred horses. Two conversions occurred,
Gulfstream Park Thoroughbred After Racing Program (GPTARP) (Hallandale, Broward County), which was licensed to operate in
2019-2020, and Ocala Thoroughbred Racing (Marion County), which was not licensed to operate.
45
ELH Jefferson (Jefferson County), DeBary Real Estate Holdings (Volusia County), North Florida Racing (Jacksonville), Pompano
Park Racing (Pompano Beach), and St. Johns Racing (St. Johns County). See
http://www.myfloridalicense.com/dbpr/pmw/documents/PermitholdersList_2020-2021.pdf (last visited Apr. 7, 2021).
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• Jai alai games within 50 miles of an existing pari-mutuel facility. 46

Distances are measured on a straight line from the nearest property line of one pari-mutuel facility to
the nearest property line of the other facility. 47

Slot Machine Gaming Locations and Operations

Current law addresses slot machine gaming operations as follows:
• Restricts the issuance of slot machine licenses to licensed pari-mutuel permitholders, for slot
machine gaming only at the facility where pari-mutuel wagering is authorized to be conducted
by the permitholder; 50
• Limits slot machine gaming to 18 hours per day, Monday through Friday, and 24 hours on
Saturdays and Sundays; 51 and
• Prohibits the service of complimentary or reduced-cost alcoholic beverages to persons playing a
slot machine, among other prohibitions. 52

Cardrooms

Section 849.086, F.S., authorizes cardrooms at certain pari-mutuel facilities. 53In Fiscal Year 2021-
2022, 27 cardrooms are licensed to operate. 54 A license to offer pari-mutuel wagering, slot machine
gaming, or a cardroom at a pari-mutuel facility is a privilege granted by the state. 55 A cardroom may be
open 18 hours per day on Monday through Friday, and 24 hours per day on Saturday and Sunday. 56

46
S. 550.054(2), F.S.
47
Id.
48
S. 550.054(9)(a), F.S.
49
S. 550.054(9)(b), F.S.
50
S. 551.104(3), F.S.
51
S. 551.116, F.S.
52
S. 551.121, F.S.
53
S. 849.086(2)(c), F.S., defines “cardroom” to mean a facility where authorized games are played for money or anything of value and
to which the public is invited to participate in such games and charges a fee for participation by the operator of such facility.
54
Department of Business and Professional Regulation, Pari-mutuel Wagering – Permitholder Operating Licenses 2021-2022,
http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/permitholder-operating-licenses-2021-2022/ (last visited
Apr. 7, 2021).
55
Solimena v. State, 402 So.2d 1240, 1247 (Fla. 3d DCA 1981), review denied, 412 So.2d 470, states “Florida courts have
consistently emphasized the special nature of legalized racing, describing it as a privilege rather than as a vested right,” citing State ex
rel. Mason v. Rose, 122 Fla. 413, 165 So. 347 (1936). See s. 550.1625(1), F.S., “…legalized pari-mutuel betting at dog tracks is a
privilege and is an operation that requires strict supervision and regulation in the best interests of the state.”
56
S. 849.086(7)(b), F.S.
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poker or dominoes. 57 Such games must be played in a non-banking manner, 58 where the participants
play against each other, instead of against the house (cardroom). At least four percent of the gross
cardroom receipts of greyhound racing permitholders and jai alai permitholders conducting live races or
games must supplement greyhound purses, and quarter horse permitholders must have a contract with
a horsemen’s association governing the payment of purses on live quarter horse races conducted by
the permitholder. 59

Live Performance Requirements

A license to offer pari-mutuel wagering, slot machine gambling, or a cardroom at a pari-mutuel facility is
a privilege granted by the state. 60 Currently the State requires that:
• To offer intertrack or simulcast wagering, permitholders must conduct a full schedule of live
racing as defined in ch. 550 and meet other requirements. 61
• To remain eligible for a cardroom license, permitholders must conduct at least 90 percent of the
performances conducted the year they applied for the initial cardroom license or the prior year,
if the permitholder ran a full schedule of live performances. 62
• To remain eligible for a slot machine license, permitholders must conduct a full schedule of live
racing as defined in ch. 550. 63

Amendment 13 to the State Constitution (Prohibition on Racing of and Wagering on
Greyhounds or Other Dogs)

Proposed Changes

The bill updates provisions in Florida law that are inconsistent with the prohibition of live racing of
greyhounds as provided in Amendment 13 adopted in 2018. The bill removes requirements for
greyhound permitholders, jai alai permitholders, and harness horse permitholders to conduct live racing
or games. The bill maintains the requirement that thoroughbred permitholders continue to conduct live
racing.

The bill amends s. 550.002, F.S., to revise live racing requirements at pari-mutuel permitholders
affected by Amendment 13. Technical drafting changes, conforming changes, and elimination of
obsolete language are also included.

57
S. 849.086(2)(a), F.S.
58
Id.
59
S. 849.086(13)(d), F.S.
60
See s. 550.1625(1), F.S., (legalized pari-mutuel betting at dog tracks “is a privilege and is an operation that requires strict
supervision and regulation in the best interests of the state”).
61
S. 550.615, F.S.
62
s. 849.086(5)(b), F.S.
63
s. 551.104(4)(c), F.S.
64 64
See the text of Amendment 13, now codified as art. X, s. 32, at
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A10S32 (last visited Apr. 11, 2021).
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The bill amends s. 550.01215, F.S., relating to operating license applications filed annually with the
division for the conduct of pari-mutuel wagering, including intertrack and simulcast wagering. The
application of each permitholder must indicate whether the permitholder intends to accept wagers on
intertrack and simulcast events.

The bill revises the requirement for pari-mutuel permitholders to conduct live racing or games as
follows:
• A greyhound permitholder may not conduct live racing, as such racing is prohibited in Florida
after December 31, 2020.
• A jai alai permitholder, harness horse racing permitholder, or quarter horse racing permitholder
may elect not to conduct live racing or games.
• A thoroughbred permitholder must conduct live racing.

The bill provides that a greyhound permitholder, jai alai permitholder, harness horse racing
permitholder, or quarter horse racing permitholder that does not conduct live racing or games:
• Retains its permit;
• Is a pari-mutuel facility as defined in s. 550.002(23), F.S.
• Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting
pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305, F.S.; and
• Remains eligible for a cardroom license.

The bill provides that for a greyhound permitholder, jai alai permitholder, harness horse racing
permitholder, or quarter horse racing permitholder that does not conduct live racing or games, but has
been issued a slot machine license, the facility where such permit is located:
• Remains an eligible facility as defined in s. 551.102(4), F.S.;
• Continues to be eligible for a slot machine license pursuant to s. 551.104(3), F.S.; and
• Is exempt from ss. 551.104(4)(c) and (10), F.S., and s. 551.114(2) and (4); F.S.

The bill provides that a permitholder or licensee may not conduct live greyhound racing or dogracing in
connection with any wager for money or any other thing of value in the state. The division may deny,
suspend, or revoke any permit or license under ch. 550, F.S., if a permitholder or licensee conducts live
greyhound racing or dogracing in violation of this provision. In addition to, or in lieu of, denial,
suspension, or revocation, the division is authorized to impose a civil penalty of up to $5,000 against
the permitholder or licensee for a violation of this provision. All penalties imposed and collected must
be deposited with the Chief Financial Officer to the credit of the General Revenue Fund.

Notwithstanding any other provision of law, no pari-mutuel facility, cardroom, or slot machine facility
may be issued an operating license if the permitholder did not hold an operating license on November
6, 2018.

The bill provides that for Fiscal Year 2021-2022 only, the division may approve changes to a
permitholder’s operating dates if the request is received before July 1, 2021.

The bill amends s. 550.0235, F.S., to substitute the term “a permitholder licensed to conduct pari-
mutuel wagering,” and delete the obsolete term “a permittee conducting a racing meet.”

The bill provides that notwithstanding any other provision of law:
• A permit for the operation of a pari-mutuel facility, cardroom, or slot machine facility may only be
held by facilities with permits on November 6, 2018.
• No pari-mutuel facility, cardroom, or slot machine facility may be relocated, and no pari-mutuel
wagering permit may be converted to another class of permit.

The bill amends s. 550.09511(4), F.S., to delete a requirement for payment of daily license fees and tax
on admissions and bets, if fewer than 100 live jai alai games are conducted in a calendar year.

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DATE: 4/13/2021
The bill amends s. 550.09512, F.S., to clarify a provision relating to taxes payable by harness horse
permitholders who conduct live harness horse performances, and adds “pandemic” to the list of
exemptions for failure to operate and pay such tax.

The bill amends s. 550.1647, F.S., related to unclaimed pari-mutuel tickets, to delete references to
greyhound racing.

The bill repeals s. 550.1648, F.S., related to obsolete provisions concerning greyhound adoption
booths at pari-mutuel facilities and associated charity racing days.

The bill amends s. 550.3551, F.S., relating to broadcasting of racing and jai alai information, to conform
references to permitholders and to delete a limitation on the number of broadcasts that may be
received from outside the state by certain greyhound permitholders. The bill revises the requirement
that all permitholders conduct at least eight live races or games on a race day, and meet certain
minimum live racing or games requirements, to limit application of those requirements to permitholders
who conduct live races or games. The bill deletes the requirement that a permitholder obtain
authorization from the division for special racing events, and deletes the associated approval process
and limits on such authorization.

The bill amends s. 550.475, F.S., relating to the leasing of pari-mutuel facilities by pari-mutuel
permitholders, to conform references to permitholders and to ensure a lessee may conduct intertrack
wagering.

The bill amends s. 550.615, F.S., relating to intertrack wagering, to conform references to pari-mutuel
facilities and live racing or games requirements, and to provide that a permitholder that has met the live
racing or games requirement applicable to that permitholder under s. 550.01215(1)(b), F.S., is qualified
to receive broadcasts of any class of pari-mutuel races or games and to accept wagers on such races
or games. The bill provides any greyhound permitholder licensed under ch. 550, F.S., to conduct pari-
mutuel wagering is qualified to, at any time, receive broadcasts and accept wagers on any class of pari-
mutuel race or game.

The bill amends s. 551.104(4)(c), F.S., relating to the requirement that a permitholder conduct a full
schedule of live racing or games as a condition for eligibility to obtain a license to conduct slot machine
gaming. The bill applies the live racing requirements for such eligibility only to thoroughbred
permitholders, as under the bill, greyhound permitholders may not conduct live racing, jai alai
permitholders may elect not to conduct live games, and harness horse and quarter horse permitholders
may elect not to conduct live racing.

The bill amends s. 551.114, F.S., relating to slot machine gaming areas, regarding the locations at
which designated slot machine gaming areas may be located. The undefined term “live gaming facility”
in current law is no longer applicable to greyhound permitholders prohibited from conducting live racing
after December 31, 2020. The bill provides that slot machine gaming areas must be located at the
location specified in the licensed permitholder’s operating license. Provisions relating to the types of
buildings and the connection of such buildings to the live gaming facility are deleted as obsolete.

The bill amends s. 849.086, F.S., relating to cardrooms, to:
• Delete a requirement that pari-mutuel permitholders seeking renewal of a cardroom operating
license must have conducted a certain number of live races or games in the previous year (the
90 percent rule);
• Revise provisions in current law that are no longer applicable to greyhound permitholders
prohibited from conducting live racing after December 31, 2020;

The bill re-enacts s. 380.0651, F.S., relating to developments of regional impact, for the purpose of
incorporating the definitions in s. 550.002, F.S., amended by the bill. A pari-mutuel facility continues to
be subject to certain statewide guidelines and standards for developments of regional impact, as set
forth in s. 380.06, F.S.

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The bill re-enacts s. 402.82, F.S., relating to the electronic benefits transfer program, for the purpose of
incorporating the definitions in s. 550.002, F.S., amended by the bill. The use of electronic benefits
transfer cards continues to be prohibited at pari-mutuel facilities.

The bill re-enacts s. 480.0475, F.S., relating to certain overnight hours that massage establishments
are prohibited from operating, for the purpose of incorporating the definitions in s. 550.002, F.S.,
amended by the bill. Massage establishments at pari-mutuel facilities continue to be exempt from the
prohibition, and may operate between the hours of midnight and 5 a.m.

B. SECTION DIRECTORY:
Section 1: Amends s. 550.002, F.S., relating to definitions.

Section 2: Amends s. 550.0115, F.S., relating to permitholder operating license.

Section 3: Amends s. 550.01215, F.S., relating to license application; periods of operation; license
fees; bond.

Section 4: Amends s. 550.0235, F.S., relating to limitation of civil liability.

Section 5: Amends s. 550.0351, F.S., relating to charity racing days.

Section 6: Amends s. 550.0425, F.S., relating to minors attendance at pari-mutuel performances;
restrictions.

Section 7: Amends s. 550.054, F.S., relating to application for permit to conduct pari-mutuel
wagering.

Section 8: Amends s. 550.09511, F.S., relating to jai alai taxes; abandoned interest in a permit for
nonpayment of taxes.

Section 9: Amends s. 550.09512, F.S., relating to harness horse taxes; abandoned interest in a
permit for nonpayment of taxes.

Section 10: Amends s. 550.105, F.S., relating to occupational licenses of racetrack employees; fees;
denial, suspension, and revocation of license; penalties and fines.

Section 11: Amends s. 550.1155, F.S., relating to authority of stewards, judges, panel of judges, or
player's manager to impose penalties against occupational licensees; disposition of
funds collected.

Section 12: Amends s. 550.1647, F.S., relating to greyhound permitholders; unclaimed tickets;
breaks.

Section 13: Repeals s. 550.1648, F.S., relating to greyhound adoptions.

Section 14: Amends s. 550.175, F.S., relating to petition for election to revoke permit.

Section 15: Amends s. 550.1815, F.S., relating to certain persons prohibited from holding racing or
jai alai permits; suspension and revocation.

Section 16: Amends s. 550.24055, F.S., relating to use of controlled substances or alcohol
prohibited; testing of certain occupational licensees; penalty; evidence of test or action
taken and admissibility for criminal prosecution limited.

Section 17: Amends s. 550.2415, F.S., relating to racing of animals under certain conditions
prohibited; penalties; exceptions.

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DATE: 4/13/2021
Section 18: Amends s. 550.3551, F.S., relating to transmission of racing and jai alai information;
commingling of pari-mutuel pools.

Section 19: Amends s. 550.3615, F.S., relating to bookmaking on the grounds of a permitholder;
penalties; reinstatement; duties of track employees; penalty; exceptions.

Section 20: Amends s. 550.475, F.S., relating to lease of pari-mutuel facilities by pari-mutuel
permitholders.

Section 21: Amends s. 550.615, F.S., relating to intertrack wagering.

Section 22: Amends s. 550.6305, F.S., relating to intertrack wagering; guest track payments;
accounting rules.

Section 23: Amends s. 551.104, F.S., relating to license to conduct slot machine gaming.

Section 24: Amends s. 551.114, F.S., relating to slot machine gaming areas.

Section 25: Amends s. 565.02, F.S., relating to license fees; vendors; clubs; caterers; and others.

Section 26: Amends s. 849.086, F.S., relating to cardrooms authorized.

Section 27: Reenacts s. 380.0651, F.S., relating to statewide guidelines, standards, and exemptions.

Section 28: Reenacts s. 402.82, F.S., relating to electronic benefits transfer program.

Section 29: Reenacts s. 480.0475, F.S., relating to massage establishments; prohibited practices.

Section 30: This act shall take effect July 1, 2021, but only if PCB COM 21-03 or similar legislation
takes effect, if such legislation is adopted in the same legislative session or an extension
thereof and becomes a law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Individuals and businesses associated with jai alai, harness horse, and quarter horse racing will
experience and indeterminate impact associated with the election by permitholders to conduct or not
conduct live racing or games.
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DATE: 4/13/2021
D. FISCAL COMMENTS:
State funds associated with jai alai, harness horse, and quarter horse racing will experience and
indeterminate impact associated with the election by permitholders to conduct or not conduct live racing
or games. The Revenue Estimating Conference has not yet reviewed this bill.

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:
State agencies associated with the provisions in the bill may need to revise their rules to the extent the
rules are inconsistent with the prohibition of live racing of greyhounds, and the removal of the
requirements for greyhound permitholders, jai alai permitholders, and harness horse permitholders to
conduct live racing or games.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.

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DATE: 4/13/2021
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

PCB COM 21-05

ORIGINAL 2021

1 A bill to be entitled
2 An act relating to requirements for pari-mutuel
3 permitholders to conduct racing or games; amending s.
4 550.002, F.S.; revising and providing definitions;
5 amending s. 550.0115, F.S.; conforming provisions to
6 changes made by the act; amending s. 550.01215, F.S.;
7 revising the application requirements for an operating
8 license to conduct pari-mutuel wagering for a pari-
9 mutuel facility; prohibiting greyhound permitholders
10 from conducting live racing; authorizing jai alai
11 permitholders, harness horse racing permitholders, and
12 quarter horse racing permitholders to elect not to
13 conduct live racing or games; requiring thoroughbred
14 permitholders to conduct live racing; specifying that
15 certain permitholders that do not conduct live racing
16 or games retain their permit and remain pari-mutuel
17 facilities; specifying that, if such permitholder has
18 been issued a slot machine license, the permitholder's
19 facility remains an eligible facility, continues to be
20 eligible for a slot machine license, is exempt from
21 certain provisions of ch. 551, F.S., is eligible to be
22 a guest track, and, if the permitholder is a harness
23 horse racing permitholder, is eligible to be a host
24 track for intertrack wagering and simulcasting, and
25 remains eligible for a cardroom license; authorizing

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26 the Division of Pari-mutuel Wagering to approve a
27 change in racing dates for a permitholder if the
28 request for a change is received before a specified
29 date and under certain circumstances; deleting a
30 provision authorizing the conversion of certain
31 permits to a jai alai permit under certain
32 circumstances; amending s. 550.0235, F.S.; conforming
33 provisions to changes made by the act; amending s.
34 550.0351, F.S.; deleting a provision relating to hound
35 dog derbies and mutt derbies; amending s. 550.0425,
36 F.S.; deleting a provision authorizing certain
37 children to be granted access to kennel compound areas
38 under certain circumstances; amending s. 550.054,
39 F.S.; deleting provisions relating to the conversion
40 of jai alai permits to greyhound racing permits;
41 conforming a provision to changes made by the act;
42 amending s. 550.09511, F.S.; deleting a provision
43 relating to the payment of certain taxes and fees by
44 jai alai permitholders conducting fewer than a
45 specified number of live performances; amending s.
46 550.09512, F.S.; revising the circumstances for which
47 a harness horse permitholder's permit is voided for
48 failing to pay certain taxes; amending ss. 550.105 and
49 550.1155, F.S.; conforming provisions to changes made
50 by the act; amending s. 550.1647, F.S.; conforming a

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51 provision to changes made by the act; repealing s.
52 550.1648, F.S., relating to greyhound adoptions;
53 amending ss. 550.175 and 550.1815, F.S.; conforming
54 provisions to changes made by the act; amending s.
55 550.24055, F.S.; conforming provisions to changes made
56 by the act; amending s. 550.2415, F.S.; deleting
57 provisions relating to the testing, euthanasia, and
58 training of racing greyhounds; amending s. 550.3551,
59 F.S.; conforming provisions to changes made by the
60 act; conforming provisions to changes made by the act;
61 amending s. 550.3615, F.S.; conforming provisions to
62 changes made by the act; prohibiting a person
63 convicted of bookmaking from attending or being
64 admitted to a pari-mutuel facility; requiring pari-
65 mutuel facility employees to notify certain persons of
66 unlawful activities; providing civil penalties;
67 requiring a permittee to display certain warnings
68 relating to bookmaking at his or her pari-mutuel
69 facility; revising applicability; amending s. 550.475,
70 F.S.; revising provisions relating to leasing pari-
71 mutuel facilities; amending s. 550.615, F.S.; revising
72 requirements relating to intertrack wagering;
73 specifying that greyhound permitholders are qualified
74 to receive certain broadcasts and accept specified
75 wagers; amending s. 550.6305, F.S.; conforming

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76 provisions to changes made by the act; amending s.
77 551.104, F.S.; conforming provisions to changes made
78 by the act; amending s. 551.114, F.S.; revising
79 requirements for the locations of designated slot
80 machine gaming areas; amending s. 565.02, F.S.;
81 conforming provisions to changes made by the act;
82 amending s. 849.086, F.S.; revising requirements
83 relating to the annual renewal of a cardroom license;
84 conforming provisions to changes made by the act;
85 reenacting ss. 380.0651(2)(c), 402.82(4)(c), and
86 480.0475(1), F.S., relating to statewide guidelines,
87 the electronic benefits transfer program, and massage
88 establishments, respectively, to incorporate the
89 amendments made to s. 550.002, F.S., in references
90 thereto; providing a contingent effective date.
91
92 Be It Enacted by the Legislature of the State of Florida:
93
94 Section 1. Present subsections (24) through (28) of
95 section 550.002, Florida Statutes, are redesignated as
96 subsections (25) through (29), respectively, a new subsection
97 (24) is added to that section, and subsections (11), (17), (20),
98 (21), (22), (23), and (31) and present subsections (26) and (29)
99 of that section are amended, to read:
100 550.002 Definitions.—As used in this chapter, the term:

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101 (11) "Full schedule of live racing or games" means, for a
102 greyhound or jai alai permitholder, the conduct of a combination
103 of at least 100 live evening or matinee performances during the
104 preceding year; for a permitholder who has a converted permit or
105 filed an application on or before June 1, 1990, for a converted
106 permit, the conduct of a combination of at least 100 live
107 evening and matinee wagering performances during either of the 2
108 preceding years; for a jai alai permitholder who does not
109 operate slot machines in its pari-mutuel facility, who has
110 conducted at least 100 live performances per year for at least
111 10 years after December 31, 1992, and whose handle on live jai
112 alai games conducted at its pari-mutuel facility has been less
113 than $4 million per state fiscal year for at least 2 consecutive
114 years after June 30, 1992, the conduct of a combination of at
115 least 40 live evening or matinee performances during the
116 preceding year; for a jai alai permitholder who operates slot
117 machines in its pari-mutuel facility, the conduct of a
118 combination of at least 150 performances during the preceding
119 year; for a harness permitholder, the conduct of at least 100
120 live regular wagering performances during the preceding year;
121 for a quarter horse permitholder at its facility unless an
122 alternative schedule of at least 20 live regular wagering
123 performances is agreed upon by the permitholder and either the
124 Florida Quarter Horse Racing Association or the horsemen's
125 association representing the majority of the quarter horse

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126 owners and trainers at the facility and filed with the division
127 along with its annual date application, in the 2010-2011 fiscal
128 year, the conduct of at least 20 regular wagering performances,
129 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
130 least 30 live regular wagering performances, and for every
131 fiscal year after the 2012-2013 fiscal year, the conduct of at
132 least 40 live regular wagering performances; for a quarter horse
133 permitholder leasing another licensed racetrack, the conduct of
134 160 events at the leased facility; and for a thoroughbred
135 permitholder, the conduct of at least 40 live regular wagering
136 performances during the preceding year. For a permitholder which
137 is restricted by statute to certain operating periods within the
138 year when other members of its same class of permit are
139 authorized to operate throughout the year, the specified number
140 of live performances which constitute a full schedule of live
141 racing or games shall be adjusted pro rata in accordance with
142 the relationship between its authorized operating period and the
143 full calendar year and the resulting specified number of live
144 performances shall constitute the full schedule of live games
145 for such permitholder and all other permitholders of the same
146 class within 100 air miles of such permitholder. A live
147 performance must consist of no fewer than eight races or games
148 conducted live for each of a minimum of three performances each
149 week at the permitholder's licensed facility under a single
150 admission charge.

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151 (17) "Intertrack wager" or "intertrack wagering" means a
152 particular form of pari-mutuel wagering in which wagers are
153 accepted at a permitted, in-state track, fronton, or pari-mutuel
154 facility on a race or game transmitted from and performed live
155 at, or simulcast signal rebroadcast from, another in-state pari-
156 mutuel facility.
157 (20) "Meet" or "meeting" means the conduct of live racing
158 or jai alai, or wagering on intertrack or simulcast events, for
159 any stake, purse, prize, or premium.
160 (21) "Operating day" means a continuous period of 24 hours
161 starting with the beginning of the first performance of a race
162 or game, even though the operating day may start during one
163 calendar day and extend past midnight except that no greyhound
164 race or jai alai game may commence after 1:30 a.m.
165 (22) "Pari-mutuel" or "pari-mutuel wagering" means a
166 system of betting on races or games in which the winners divide
167 the total amount bet, after deducting management expenses and
168 taxes, in proportion to the sums they have wagered individually
169 and with regard to the odds assigned to particular outcomes.
170 (23) "Pari-mutuel facility" means the grounds or property
171 of a cardroom, racetrack, fronton, or other facility used by a
172 licensed permitholder for the conduct of pari-mutuel wagering.
173 (24) "Permitholder" or "permittee" means a holder of a
174 permit to conduct pari-mutuel wagering in this state as
175 authorized in this chapter.

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176 (27)(26) "Post time" means the time set for the arrival at
177 the starting point of the horses or greyhounds in a race or the
178 beginning of a game in jai alai.
179 (29) "Racing greyhound" means a greyhound that is or was
180 used, or is being bred, raised, or trained to be used, in racing
181 at a pari-mutuel facility and is registered with the National
182 Greyhound Association.
183 (31) "Same class of races, games, or permit" means, with
184 respect to a jai alai permitholder, jai alai games or other jai
185 alai permitholders; with respect to a greyhound permitholder,
186 greyhound races or other greyhound permitholders conducting
187 pari-mutuel wagering; with respect to a thoroughbred
188 permitholder, thoroughbred races or other thoroughbred
189 permitholders; with respect to a harness permitholder, harness
190 races or other harness permitholders; with respect to a quarter
191 horse permitholder, quarter horse races or other quarter horse
192 permitholders.
193 Section 2. Section 550.0115, Florida Statutes, is amended
194 to read:
195 550.0115 Permitholder operating license.—After a permit
196 has been issued by the division, and after the permit has been
197 approved by election, the division shall issue to the
198 permitholder an annual operating license to conduct pari-mutuel
199 wagering operations at the location specified in the permit
200 pursuant to the provisions of this chapter.

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201 Section 3. Section 550.01215, Florida Statutes, is amended
202 to read:
203 550.01215 License application; periods of operation;
204 license fees; bond, conversion of permit.—
205 (1) Each permitholder shall annually, during the period
206 between December 15 and January 4, file in writing with the
207 division its application for an operating a license for a pari-
208 mutuel facility for the conduct of pari-mutuel wagering during
209 the next state fiscal year, including intertrack and simulcast
210 race wagering to conduct performances during the next state
211 fiscal year. Each application for live performances must shall
212 specify the number, dates, and starting times of all live
213 performances that which the permitholder intends to conduct. It
214 must shall also specify which performances will be conducted as
215 charity or scholarship performances.
216 (a) In addition, Each application for an operating a
217 license also must shall include:,
218 1. For each permitholder, whether the permitholder intends
219 to accept wagers on intertrack or simulcast events.
220 2. For each permitholder that which elects to operate a
221 cardroom, the dates and periods of operation the permitholder
222 intends to operate the cardroom. or,
223 3. For each thoroughbred racing permitholder that which
224 elects to receive or rebroadcast out-of-state races after 7
225 p.m., the dates for all performances that which the permitholder

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226 intends to conduct.
227 (b)1. A greyhound permitholder may not conduct live
228 racing. A jai alai permitholder, harness horse racing
229 permitholder, or quarter horse racing permitholder may elect not
230 to conduct live racing or games. A thoroughbred permitholder
231 must conduct live racing. A greyhound permitholder, jai alai
232 permitholder, harness horse racing permitholder, or quarter
233 horse racing permitholder that does not conduct live racing or
234 games retains its permit; is a pari-mutuel facility as defined
235 in s. 550.002(23); if such permitholder has been issued a slot
236 machine license, the facility where such permit is located
237 remains an eligible facility as defined in s. 551.102(4),
238 continues to be eligible for a slot machine license pursuant to
239 s. 551.104(3), and is exempt from ss. 551.104(4)(c) and (10) and
240 551.114(2) and (4); is eligible, but not required, to be a guest
241 track and, if the permitholder is a harness horse racing
242 permitholder, to be a host track for purposes of intertrack
243 wagering and simulcasting pursuant to ss. 550.3551, 550.615,
244 550.625, and 550.6305; and remains eligible for a cardroom
245 license.
246 2. A permitholder or licensee may not conduct live
247 greyhound racing or dogracing in connection with any wager for
248 money or any other thing of value in the state. The division may
249 deny, suspend, or revoke any permit or license under this
250 chapter if a permitholder or licensee conducts live greyhound

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251 racing or dogracing in violation of this subparagraph. In
252 addition to, or in lieu of, denial, suspension, or revocation,
253 the division may impose a civil penalty of up to $5,000 against
254 the permitholder or licensee for a violation of this
255 subparagraph. All penalties imposed and collected must be
256 deposited with the Chief Financial Officer to the credit of the
257 General Revenue Fund.
258 (c) Permitholders may shall be entitled to amend their
259 applications through February 28.
260 (d) Notwithstanding any other provision of law, no pari-
261 mutuel facility, cardroom, or slot machine facility may be
262 issued an operating license if the permitholder did not hold an
263 operating license on November 6, 2018.
264 (2) After the first license has been issued to a
265 permitholder, all subsequent annual applications for a license
266 shall be accompanied by proof, in such form as the division may
267 by rule require, that the permitholder continues to possess the
268 qualifications prescribed by this chapter, and that the permit
269 has not been disapproved at a later election.
270 (3) The division shall issue each license no later than
271 March 15. Each permitholder shall operate all performances at
272 the date and time specified on its license. The division shall
273 have the authority to approve minor changes in racing dates
274 after a license has been issued. The division may approve
275 changes in racing dates after a license has been issued when

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276 there is no objection from any operating permitholder located
277 within 50 miles of the permitholder requesting the changes in
278 operating dates. In the event of an objection, the division
279 shall approve or disapprove the change in operating dates based
280 upon the impact on operating permitholders located within 50
281 miles of the permitholder requesting the change in operating
282 dates. In making the determination to change racing dates, the
283 division shall take into consideration the impact of such
284 changes on state revenues. Notwithstanding any other provision
285 of law, and for the 2021-2022 state fiscal year only, the
286 division may approve changes in operating dates for
287 permitholders if the request for such changes is received before
288 July 1, 2021.
289 (4) In the event that a permitholder fails to operate all
290 performances specified on its license at the date and time
291 specified, the division shall hold a hearing to determine
292 whether to fine or suspend the permitholder's license, unless
293 such failure was the direct result of fire, strike, war, or
294 other disaster or event beyond the ability of the permitholder
295 to control. Financial hardship to the permitholder shall not, in
296 and of itself, constitute just cause for failure to operate all
297 performances on the dates and at the times specified.
298 (5) In the event that performances licensed to be operated
299 by a permitholder are vacated, abandoned, or will not be used
300 for any reason, any permitholder shall be entitled, pursuant to

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301 rules adopted by the division, to apply to conduct performances
302 on the dates for which the performances have been abandoned. The
303 division shall issue an amended license for all such replacement
304 performances which have been requested in compliance with the
305 provisions of this chapter and division rules.
306 (6) Any permit which was converted from a jai alai permit
307 to a greyhound permit may be converted to a jai alai permit at
308 any time if the permitholder never conducted greyhound racing or
309 if the permitholder has not conducted greyhound racing for a
310 period of 12 consecutive months.
311 Section 4. Section 550.0235, Florida Statutes, is amended
312 to read:
313 550.0235 Limitation of civil liability.—No permitholder
314 licensed to conduct pari-mutuel wagering permittee conducting a
315 racing meet pursuant to the provisions of this chapter; no
316 division director or employee of the division; and no steward,
317 judge, or other person appointed to act pursuant to this chapter
318 shall be held liable to any person, partnership, association,
319 corporation, or other business entity for any cause whatsoever
320 arising out of, or from, the performance by such permittee,
321 director, employee, steward, judge, or other person of her or
322 his duties and the exercise of her or his discretion with
323 respect to the implementation and enforcement of the statutes
324 and rules governing the conduct of pari-mutuel wagering, so long
325 as she or he acted in good faith. This section shall not limit

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326 liability in any situation in which the negligent maintenance of
327 the premises or the negligent conduct of a race contributed to
328 an accident; nor shall it limit any contractual liability.
329 Section 5. Subsections (1) and (7) of section 550.0351,
330 Florida Statutes, are amended to read:
331 550.0351 Charity racing days.—
332 (1) The division shall, upon the request of a
333 permitholder, authorize each horseracing permitholder, dogracing
334 permitholder, and jai alai permitholder up to five charity or
335 scholarship days in addition to the regular racing days
336 authorized by law.
337 (7) In addition to the charity days authorized by this
338 section, any dogracing permitholder may allow its facility to be
339 used for conducting "hound dog derbies" or "mutt derbies" on any
340 day during each racing season by any charitable, civic, or
341 nonprofit organization for the purpose of conducting "hound dog
342 derbies" or "mutt derbies" if only dogs other than those usually
343 used in dogracing (greyhounds) are permitted to race and if
344 adults and minors are allowed to participate as dog owners or
345 spectators. During these racing events, betting, gambling, and
346 the sale or use of alcoholic beverages is prohibited.
347 Section 6. Subsection (4) of section 550.0425, Florida
348 Statutes, is amended to read:
349 550.0425 Minors attendance at pari-mutuel performances;
350 restrictions.—

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351 (4) Minor children of licensed greyhound trainers, kennel
352 operators, or other licensed persons employed in the kennel
353 compound areas may be granted access to kennel compound areas
354 without being licensed, provided they are in no way employed
355 unless properly licensed, and only when under the direct
356 supervision of one of their parents or legal guardian.
357 Section 7. Subsections (2) and (14) of section 550.054,
358 Florida Statutes, are amended to read:
359 550.054 Application for permit to conduct pari-mutuel
360 wagering.—
361 (2) Upon each application filed and approved, a permit
362 shall be issued to the applicant setting forth the name of the
363 permitholder, the location of the pari-mutuel facility, the type
364 of pari-mutuel activity desired to be conducted, and a statement
365 showing qualifications of the applicant to conduct pari-mutuel
366 performances under this chapter; however, a permit is
367 ineffectual to authorize any pari-mutuel performances until
368 approved by a majority of the electors participating in a
369 ratification election in the county in which the applicant
370 proposes to conduct pari-mutuel wagering activities. In
371 addition, an application may not be considered, nor may a permit
372 be issued by the division or be voted upon in any county, to
373 conduct horseraces, harness horse races, or pari-mutuel wagering
374 dograces at a location within 100 miles of an existing pari-
375 mutuel facility, or for jai alai within 50 miles of an existing

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376 pari-mutuel facility; this distance shall be measured on a
377 straight line from the nearest property line of one pari-mutuel
378 facility to the nearest property line of the other facility.
379 (14)(a) Notwithstanding any other provision of law, a
380 permit for the operation of a pari-mutuel facility, cardroom, or
381 slot machine facility may only be held by facilities with
382 permits on November 6, 2018.
383 (b) Notwithstanding any other provision of law, no pari-
384 mutuel facility, cardroom, or slot machine facility may be
385 relocated, and no pari-mutuel wagering permit may be converted
386 to another class of permit.
387 (14)(a) Any holder of a permit to conduct jai alai may
388 apply to the division to convert such permit to a permit to
389 conduct greyhound racing in lieu of jai alai if:
390 1. Such permit is located in a county in which the
391 division has issued only two pari-mutuel permits pursuant to
392 this section;
393 2. Such permit was not previously converted from any other
394 class of permit; and
395 3. The holder of the permit has not conducted jai alai
396 games during a period of 10 years immediately preceding his or
397 her application for conversion under this subsection.
398 (b) The division, upon application from the holder of a
399 jai alai permit meeting all conditions of this section, shall
400 convert the permit and shall issue to the permitholder a permit

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401 to conduct greyhound racing. A permitholder of a permit
402 converted under this section shall be required to apply for and
403 conduct a full schedule of live racing each fiscal year to be
404 eligible for any tax credit provided by this chapter. The holder
405 of a permit converted pursuant to this subsection or any holder
406 of a permit to conduct greyhound racing located in a county in
407 which it is the only permit issued pursuant to this section who
408 operates at a leased facility pursuant to s. 550.475 may move
409 the location for which the permit has been issued to another
410 location within a 30-mile radius of the location fixed in the
411 permit issued in that county, provided the move does not cross
412 the county boundary and such location is approved under the
413 zoning regulations of the county or municipality in which the
414 permit is located, and upon such relocation may use the permit
415 for the conduct of pari-mutuel wagering and the operation of a
416 cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
417 apply to any permit converted under this subsection and shall
418 continue to apply to any permit which was previously included
419 under and subject to such provisions before a conversion
420 pursuant to this section occurred.
421 Section 8. Subsection (4) of section 550.09511, Florida
422 Statutes, is amended to read:
423 550.09511 Jai alai taxes; abandoned interest in a permit
424 for nonpayment of taxes.—
425 (4) A jai alai permitholder conducting fewer than 100 live

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426 performances in any calendar year shall pay to the state the
427 same aggregate amount of daily license fees on live jai alai
428 games, admissions tax, and tax on live handle as that
429 permitholder paid to the state during the most recent prior
430 calendar year in which the jai alai permitholder conducted at
431 least 100 live performances.
432 Section 9. Paragraph (a) of subsection (3) of section
433 550.09512, Florida Statutes, is amended to read:
434 550.09512 Harness horse taxes; abandoned interest in a
435 permit for nonpayment of taxes.—
436 (3)(a) The permit of a harness horse permitholder who is
437 conducting live harness horse performances and who does not pay
438 tax on handle for any such live harness horse performances
439 conducted for a full schedule of live races during any 2
440 consecutive state fiscal years shall be void and shall not be
441 reissued escheat to and become the property of the state unless
442 such failure to operate and pay tax on handle was the direct
443 result of fire, strike, war, pandemic, or other disaster or
444 event beyond the ability of the permitholder to control.
445 Financial hardship to the permitholder shall not, in and of
446 itself, constitute just cause for failure to operate and pay tax
447 on handle.
448 Section 10. Subsections (2) and (9) of section 550.105,
449 Florida Statutes, are amended to read:
450 550.105 Occupational licenses of racetrack employees;

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451 fees; denial, suspension, and revocation of license; penalties
452 and fines.—
453 (2)(a) The following licenses shall be issued to persons
454 or entities with access to the backside, racing animals, jai
455 alai players' room, jockeys' room, drivers' room, totalisator
456 room, the mutuels, or money room, or to persons who, by virtue
457 of the position they hold, might be granted access to these
458 areas or to any other person or entity in one of the following
459 categories and with fees not to exceed the following amounts for
460 any 12-month period:
461 1. Business licenses: any business such as a vendor,
462 contractual concessionaire, contract kennel, business owning
463 racing animals, trust or estate, totalisator company, stable
464 name, or other fictitious name: $50.
465 2. Professional occupational licenses: professional
466 persons with access to the backside of a racetrack or players'
467 quarters in jai alai such as trainers, officials, veterinarians,
468 doctors, nurses, EMT's, jockeys and apprentices, drivers, jai
469 alai players, owners, trustees, or any management or officer or
470 director or shareholder or any other professional-level person
471 who might have access to the jockeys' room, the drivers' room,
472 the backside, racing animals, kennel compound, or managers or
473 supervisors requiring access to mutuels machines, the money
474 room, or totalisator equipment: $40.
475 3. General occupational licenses: general employees with

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476 access to the jockeys' room, the drivers' room, racing animals,
477 the backside of a racetrack or players' quarters in jai alai,
478 such as grooms, kennel helpers, leadouts, pelota makers, cesta
479 makers, or ball boys, or a practitioner of any other occupation
480 who would have access to the animals or, the backside, or the
481 kennel compound, or who would provide the security or
482 maintenance of these areas, or mutuel employees, totalisator
483 employees, money-room employees, or any employee with access to
484 mutuels machines, the money room, or totalisator equipment or
485 who would provide the security or maintenance of these areas:
486 $10.
487
488 The individuals and entities that are licensed under this
489 paragraph require heightened state scrutiny, including the
490 submission by the individual licensees or persons associated
491 with the entities described in this chapter of fingerprints for
492 a Federal Bureau of Investigation criminal records check.
493 (b) The division shall adopt rules pertaining to pari-
494 mutuel occupational licenses, licensing periods, and renewal
495 cycles.
496 (9) The tax imposed by this section is in lieu of all
497 license, excise, or occupational taxes to the state or any
498 county, municipality, or other political subdivision, except
499 that, if a race meeting or game is held or conducted in a
500 municipality, the municipality may assess and collect an

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501 additional tax against any person conducting live racing or
502 games within its corporate limits, which tax may not exceed $150
503 per day for horseracing or $50 per day for dogracing or jai
504 alai. Except as provided in this chapter, a municipality may not
505 assess or collect any additional excise or revenue tax against
506 any person conducting race meetings within the corporate limits
507 of the municipality or against any patron of any such person.
508 Section 11. Section 550.1155, Florida Statutes, is amended
509 to read:
510 550.1155 Authority of stewards, judges, panel of judges,
511 or player's manager to impose penalties against occupational
512 licensees; disposition of funds collected.—
513 (1) The stewards at a horse racetrack; the judges at a dog
514 track; or the judges, a panel of judges, or a player's manager
515 at a jai alai fronton may impose a civil penalty against any
516 occupational licensee for violation of the pari-mutuel laws or
517 any rule adopted by the division. The penalty may not exceed
518 $1,000 for each count or separate offense or exceed 60 days of
519 suspension for each count or separate offense.
520 (2) All penalties imposed and collected pursuant to this
521 section at each horse or dog racetrack or jai alai fronton shall
522 be deposited into a board of relief fund established by the
523 pari-mutuel permitholder. Each association shall name a board of
524 relief composed of three of its officers, with the general
525 manager of the permitholder being the ex officio treasurer of

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526 such board. Moneys deposited into the board of relief fund shall
527 be disbursed by the board for the specific purpose of aiding
528 occupational licenseholders and their immediate family members
529 at each pari-mutuel facility.
530 Section 12. Section 550.1647, Florida Statutes, is amended
531 to read:
532 550.1647 Greyhound permitholders; unclaimed tickets;
533 breaks.—All money or other property represented by any
534 unclaimed, uncashed, or abandoned pari-mutuel ticket which has
535 remained in the custody of or under the control of any greyhound
536 permitholder authorized to conduct greyhound racing pari-mutuel
537 wagering pools in this state for a period of 1 year after the
538 date the pari-mutuel ticket was issued, if the rightful owner or
539 owners thereof have made no claim or demand for such money or
540 other property within that period of time, shall, with respect
541 to live races conducted by the permitholder, be remitted to the
542 state pursuant to s. 550.1645; however, such permitholder shall
543 be entitled to a credit in each state fiscal year in an amount
544 equal to the actual amount remitted in the prior state fiscal
545 year which may be applied against any taxes imposed pursuant to
546 this chapter. In addition, each permitholder shall pay, from any
547 source, including the proceeds from performances conducted
548 pursuant to s. 550.0351, an amount not less than 10 percent of
549 the amount of the credit provided by this section to any bona
550 fide organization that promotes or encourages the adoption of

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551 greyhounds. As used in this chapter, the term "bona fide
552 organization that promotes or encourages the adoption of
553 greyhounds" means any organization that provides evidence of
554 compliance with chapter 496 and possesses a valid exemption from
555 federal taxation issued by the Internal Revenue Service. Such
556 bona fide organization, as a condition of adoption, must provide
557 sterilization of greyhounds by a licensed veterinarian before
558 relinquishing custody of the greyhound to the adopter. The fee
559 for sterilization may be included in the cost of adoption.
560 Section 13. Section 550.1648, Florida Statutes, is
561 repealed.
562 Section 14. Section 550.175, Florida Statutes, is amended
563 to read:
564 550.175 Petition for election to revoke permit.—Upon
565 petition of 20 percent of the qualified electors of any county
566 wherein any pari-mutuel wagering racing has been licensed and
567 conducted under this chapter, the county commissioners of such
568 county shall provide for the submission to the electors of such
569 county at the then next succeeding general election the question
570 of whether any permit or permits theretofore granted shall be
571 continued or revoked, and if a majority of the electors voting
572 on such question in such election vote to cancel or recall the
573 permit theretofore given, the division may not thereafter grant
574 any license on the permit so recalled. Every signature upon
575 every recall petition must be signed in the presence of the

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576 clerk of the board of county commissioners at the office of the
577 clerk of the circuit court of the county, and the petitioner
578 must present at the time of such signing her or his registration
579 receipt showing the petitioner's qualification as an elector of
580 the county at the time of the signing of the petition. Not more
581 than one permit may be included in any one petition; and, in all
582 elections in which the recall of more than one permit is voted
583 on, the voters shall be given an opportunity to vote for or
584 against the recall of each permit separately. Nothing in this
585 chapter shall be construed to prevent the holding of later
586 referendum or recall elections.
587 Section 15. Subsection (1) of section 550.1815, Florida
588 Statutes, is amended to read:
589 550.1815 Certain persons prohibited from holding racing or
590 jai alai permits; suspension and revocation.—
591 (1) A corporation, general or limited partnership, sole
592 proprietorship, business trust, joint venture, or unincorporated
593 association, or other business entity may not hold any
594 horseracing or greyhound dogracing permit or jai alai fronton
595 permit in this state if any one of the persons or entities
596 specified in paragraph (a) has been determined by the division
597 not to be of good moral character or has been convicted of any
598 offense specified in paragraph (b).
599 (a)1. The permitholder;
600 2. An employee of the permitholder;

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601 3. The sole proprietor of the permitholder;
602 4. A corporate officer or director of the permitholder;
603 5. A general partner of the permitholder;
604 6. A trustee of the permitholder;
605 7. A member of an unincorporated association permitholder;
606 8. A joint venturer of the permitholder;
607 9. The owner of more than 5 percent of any equity interest
608 in the permitholder, whether as a common shareholder, general or
609 limited partner, voting trustee, or trust beneficiary; or
610 10. An owner of any interest in the permit or
611 permitholder, including any immediate family member of the
612 owner, or holder of any debt, mortgage, contract, or concession
613 from the permitholder, who by virtue thereof is able to control
614 the business of the permitholder.
615 (b)1. A felony in this state;
616 2. Any felony in any other state which would be a felony
617 if committed in this state under the laws of this state;
618 3. Any felony under the laws of the United States;
619 4. A felony under the laws of another state if related to
620 gambling which would be a felony under the laws of this state if
621 committed in this state; or
622 5. Bookmaking as defined in s. 849.25.
623 Section 16. Subsection (2) of section 550.24055, Florida
624 Statutes, is amended to read:
625 550.24055 Use of controlled substances or alcohol

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626 prohibited; testing of certain occupational licensees; penalty;
627 evidence of test or action taken and admissibility for criminal
628 prosecution limited.—
629 (2) The occupational licensees, by applying for and
630 holding such licenses, are deemed to have given their consents
631 to submit to an approved chemical test of their breath for the
632 purpose of determining the alcoholic content of their blood and
633 to a urine or blood test for the purpose of detecting the
634 presence of controlled substances. Such tests shall only be
635 conducted upon reasonable cause that a violation has occurred as
636 shall be determined solely by the stewards at a horseracing
637 meeting or the judges or board of judges at a dogtrack or jai
638 alai meet. The failure to submit to such test may result in a
639 suspension of the person's occupational license for a period of
640 10 days or until this section has been complied with, whichever
641 is longer.
642 (a) If there was at the time of the test 0.05 percent or
643 less by weight of alcohol in the person's blood, the person is
644 presumed not to have been under the influence of alcoholic
645 beverages to the extent that the person's normal faculties were
646 impaired, and no action of any sort may be taken by the
647 stewards, judges, or board of judges or the division.
648 (b) If there was at the time of the test an excess of 0.05
649 percent but less than 0.08 percent by weight of alcohol in the
650 person's blood, that fact does not give rise to any presumption

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651 that the person was or was not under the influence of alcoholic
652 beverages to the extent that the person's faculties were
653 impaired, but the stewards, judges, or board of judges may
654 consider that fact in determining whether or not the person will
655 be allowed to officiate or participate in any given race or jai
656 alai game.
657 (c) If there was at the time of the test 0.08 percent or
658 more by weight of alcohol in the person's blood, that fact is
659 prima facie evidence that the person was under the influence of
660 alcoholic beverages to the extent that the person's normal
661 faculties were impaired, and the stewards or judges may take
662 action as set forth in this section, but the person may not
663 officiate at or participate in any race or jai alai game on the
664 day of such test.
665
666 All tests relating to alcohol must be performed in a manner
667 substantially similar, or identical, to the provisions of s.
668 316.1934 and rules adopted pursuant to that section. Following a
669 test of the urine or blood to determine the presence of a
670 controlled substance as defined in chapter 893, if a controlled
671 substance is found to exist, the stewards, judges, or board of
672 judges may take such action as is permitted in this section.
673 Section 17. Paragraph (d) of subsection (5), paragraphs
674 (b) and (c) of subsection (6), paragraph (a) of subsection (9),
675 and subsection (13) of section 550.2415, Florida Statutes, are

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676 amended to read:
677 550.2415 Racing of animals under certain conditions
678 prohibited; penalties; exceptions.—
679 (5) The division shall implement a split-sample procedure
680 for testing animals under this section.
681 (d) For the testing of a racing greyhound, if there is an
682 insufficient quantity of the secondary (split) sample for
683 confirmation of the division laboratory's positive result, the
684 division may commence administrative proceedings as prescribed
685 in this chapter and consistent with chapter 120.
686 (6)
687 (b) The division shall, by rule, establish the procedures
688 for euthanizing greyhounds. However, a greyhound may not be put
689 to death by any means other than by lethal injection of the drug
690 sodium pentobarbital. A greyhound may not be removed from this
691 state for the purpose of being destroyed.
692 (c) It is a violation of this chapter for an occupational
693 licensee to train a greyhound using live or dead animals. A
694 greyhound may not be taken from this state for the purpose of
695 being trained through the use of live or dead animals.
696 (9)(a) The division may conduct a postmortem examination
697 of any animal that is injured at a permitted racetrack while in
698 training or in competition and that subsequently expires or is
699 destroyed. The division may conduct a postmortem examination of
700 any animal that expires while housed at a permitted racetrack,

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701 association compound, or licensed kennel or farm. Trainers and
702 owners shall be requested to comply with this paragraph as a
703 condition of licensure.
704 (13) The division may implement by rule medication levels
705 for racing greyhounds recommended by the University of Florida
706 College of Veterinary Medicine developed pursuant to an
707 agreement between the Division of Pari-mutuel Wagering and the
708 University of Florida College of Veterinary Medicine. The
709 University of Florida College of Veterinary Medicine may provide
710 written notification to the division that it has completed
711 research or review on a particular drug pursuant to the
712 agreement and when the College of Veterinary Medicine has
713 completed a final report of its findings, conclusions, and
714 recommendations to the division.
715 Section 18. Subsections (2) and (4), paragraph (a) of
716 subsection (6), and subsection (11) of section 550.3551, Florida
717 Statutes, are amended to read:
718 550.3551 Transmission of racing and jai alai information;
719 commingling of pari-mutuel pools.—
720 (2) Any horse track, dog track, or fronton licensed under
721 this chapter may transmit broadcasts of races or games conducted
722 at the enclosure of the licensee to locations outside this
723 state.
724 (a) All broadcasts of horseraces transmitted to locations
725 outside this state must comply with the provisions of the

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726 Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
727 3001 et seq.
728 (b) Wagers accepted by any out-of-state pari-mutuel
729 permitholder or licensed betting system on a race broadcasted
730 under this subsection may be, but are not required to be,
731 included in the pari-mutuel pools of the horse track in this
732 state that broadcasts the race upon which wagers are accepted.
733 The handle, as referred to in s. 550.0951(3), does not include
734 any wagers accepted by an out-of-state pari-mutuel permitholder
735 or licensed betting system, irrespective of whether such wagers
736 are included in the pari-mutuel pools of the Florida
737 permitholder as authorized by this subsection.
738 (4) Any greyhound permitholder or jai alai permitholder
739 dog track or fronton licensed under this chapter may receive at
740 its licensed location broadcasts of dograces or jai alai games
741 conducted at other tracks or frontons located outside the state
742 at the track enclosure of the licensee during its operational
743 meeting. All forms of pari-mutuel wagering are allowed on
744 dograces or jai alai games broadcast under this subsection. All
745 money wagered by patrons on dograces broadcast under this
746 subsection shall be computed in the amount of money wagered each
747 performance for purposes of taxation under ss. 550.0951 and
748 550.09511.
749 (6)(a) A maximum of 20 percent of the total number of
750 races on which wagers are accepted by a greyhound permitholder

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751 not located as specified in s. 550.615(6) may be received from
752 locations outside this state. A permitholder conducting live
753 races or games may not conduct fewer than eight live races or
754 games on any authorized race day except as provided in this
755 subsection. A thoroughbred permitholder may not conduct fewer
756 than eight live races on any race day without the written
757 approval of the Florida Thoroughbred Breeders' Association and
758 the Florida Horsemen's Benevolent and Protective Association,
759 Inc., unless it is determined by the department that another
760 entity represents a majority of the thoroughbred racehorse
761 owners and trainers in the state. If conducting live racing, a
762 harness permitholder may conduct fewer than eight live races on
763 any authorized race day., except that such permitholder must
764 conduct a full schedule of live racing during its race meet
765 consisting of at least eight live races per authorized race day
766 for at least 100 days. Any harness horse permitholder that
767 during the preceding racing season conducted a full schedule of
768 live racing may, at any time during its current race meet,
769 receive full-card broadcasts of harness horse races conducted at
770 harness racetracks outside this state at the harness track of
771 the permitholder and accept wagers on such harness races. With
772 specific authorization from the division for special racing
773 events, a permitholder may conduct fewer than eight live races
774 or games when the permitholder also broadcasts out-of-state
775 races or games. The division may not grant more than two such

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776 exceptions a year for a permitholder in any 12-month period, and
777 those two exceptions may not be consecutive.
778 (11) Greyhound permitholders tracks and jai alai
779 permitholders frontons have the same privileges as provided in
780 this section to horserace permitholders horse tracks, as
781 applicable, subject to rules adopted under subsection (10).
782 Section 19. Subsections (1), (3), (4), (5), and (6) of
783 section 550.3615, Florida Statutes, are amended to read:
784 550.3615 Bookmaking on the grounds of a permitholder;
785 penalties; reinstatement; duties of track employees; penalty;
786 exceptions.—
787 (1) Any person who engages in bookmaking, as defined in s.
788 849.25, on the grounds or property of a pari-mutuel facility
789 commits permitholder of a horse or dog track or jai alai fronton
790 is guilty of a felony of the third degree, punishable as
791 provided in s. 775.082, s. 775.083, or s. 775.084.
792 Notwithstanding the provisions of s. 948.01, any person
793 convicted under the provisions of this subsection shall not have
794 adjudication of guilt suspended, deferred, or withheld.
795 (3) Any person who has been convicted of bookmaking in
796 this state or any other state of the United States or any
797 foreign country shall be denied admittance to and shall not
798 attend any pari-mutuel facility racetrack or fronton in this
799 state during its racing seasons or operating dates, including
800 any practice or preparational days, for a period of 2 years

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801 after the date of conviction or the date of final appeal.
802 Following the conclusion of the period of ineligibility, the
803 director of the division may authorize the reinstatement of an
804 individual following a hearing on readmittance. Any such person
805 who knowingly violates this subsection commits is guilty of a
806 misdemeanor of the first degree, punishable as provided in s.
807 775.082 or s. 775.083.
808 (4) If the activities of a person show that this law is
809 being violated, and such activities are either witnessed or are
810 common knowledge by any pari-mutuel facility track or fronton
811 employee, it is the duty of that employee to bring the matter to
812 the immediate attention of the permitholder, manager, or her or
813 his designee, who shall notify a law enforcement agency having
814 jurisdiction. Willful failure by the pari-mutuel facility on the
815 part of any track or fronton employee to comply with the
816 provisions of this subsection is a ground for the division to
817 suspend or revoke that employee's license for pari-mutuel
818 facility track or fronton employment.
819 (5) Each permittee shall display, in conspicuous places at
820 a pari-mutuel facility track or fronton and in all race and jai
821 alai daily programs, a warning to all patrons concerning the
822 prohibition and penalties of bookmaking contained in this
823 section and s. 849.25. The division shall adopt rules concerning
824 the uniform size of all warnings and the number of placements
825 throughout a pari-mutuel facility track or fronton. Failure on

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826 the part of the permittee to display such warnings may result in
827 the imposition of a $500 fine by the division for each offense.
828 (6) This section does not apply to any person attending a
829 track or fronton or employed by or attending a pari-mutuel
830 facility a track or fronton who places a bet through the
831 legalized pari-mutuel pool for another person, provided such
832 service is rendered gratuitously and without fee or other
833 reward.
834 Section 20. Section 550.475, Florida Statutes, is amended
835 to read:
836 550.475 Lease of pari-mutuel facilities by pari-mutuel
837 permitholders.—Holders of valid pari-mutuel permits for the
838 conduct of any pari-mutuel wagering jai alai games, dogracing,
839 or thoroughbred and standardbred horse racing in this state are
840 entitled to lease any and all of their facilities to any other
841 holder of a same class valid pari-mutuel permit for jai alai
842 games, dogracing, or thoroughbred or standardbred horse racing,
843 when located within a 35-mile radius of each other; and such
844 lessee is entitled to a permit and license to conduct intertrack
845 wagering and operate its race meet or jai alai games at the
846 leased premises.
847 Section 21. Subsections (2) and (8) of section 550.615,
848 Florida Statutes, are amended, and subsection (11) is added to
849 that section, to read:
850 550.615 Intertrack wagering.—

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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

PCB COM 21-05

ORIGINAL 2021

851 (2) A pari-mutuel permitholder that has met the applicable
852 requirement for that permitholder to conduct live racing or
853 games under s. 550.01215(1)(b), if any, on November 6, 2018, Any
854 track or fronton licensed under this chapter which in the
855 preceding year conducted a full schedule of live racing is
856 qualified to, at any time, receive broadcasts of any class of
857 pari-mutuel race or game and accept wagers on such races or
858 games conducted by any class of permitholders licensed under
859 this chapter.
860 (8) In any three contiguous counties of the state where
861 there are only three permitholders, all of which are greyhound
862 permitholders, if any permitholder leases the facility of
863 another permitholder for all or any portion of the conduct of
864 its live race meet pursuant to s. 550.475, such lessee may
865 conduct intertrack wagering at its pre-lease permitted facility
866 throughout the entire year, including while its live meet is
867 being conducted at the leased facility, if such permitholder has
868 conducted a full schedule of live racing during the preceding
869 fiscal year at its pre-lease permitted facility or at a leased
870 facility, or combination thereof.
871 (11) Any greyhound permitholder licensed under this
872 chapter to conduct pari-mutuel wagering is qualified to, at any
873 time, receive broadcasts of any class of pari-mutuel race or
874 game and accept wagers on such races or games conducted by any
875 class of permitholders licensed under this chapter.

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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

PCB COM 21-05

ORIGINAL 2021

876 Section 22. Subsection (2) of section 550.6305, Florida
877 Statutes, is amended to read:
878 550.6305 Intertrack wagering; guest track payments;
879 accounting rules.—
880 (2) For the purposes of calculation of odds and payoffs
881 and distribution of the pari-mutuel pools, all intertrack wagers
882 shall be combined with the pari-mutuel pools at the host track.
883 Notwithstanding this subsection or subsection (4), a greyhound
884 pari-mutuel permitholder may conduct intertrack wagering without
885 combining pari-mutuel pools on not more than three races in any
886 week, not to exceed 20 races in a year. All other provisions
887 concerning pari-mutuel takeout and payments, including state tax
888 payments, apply as if the pool had been combined.
889 Section 23. Paragraph (c) of subsection (4) of section
890 551.104, Florida Statutes, is amended to read:
891 551.104 License to conduct slot machine gaming.—
892 (4) As a condition of licensure and to maintain continued
893 authority for the conduct of slot machine gaming, the slot
894 machine licensee shall:
895 (c) If a thoroughbred permitholder, conduct no fewer than
896 a full schedule of live racing or games as defined in s.
897 550.002(11). A permitholder's responsibility to conduct such
898 number of live races or games shall be reduced by the number of
899 races or games that could not be conducted due to the direct
900 result of fire, war, hurricane, or other disaster or event

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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

PCB COM 21-05

ORIGINAL 2021

901 beyond the control of the permitholder.
902 Section 24. Subsection (4) of section 551.114, Florida
903 Statutes, is amended to read:
904 551.114 Slot machine gaming areas.—
905 (4) Designated slot machine gaming areas must may be
906 located at the location specified in the licensed permitholder's
907 operating license within the current live gaming facility or in
908 an existing building that must be contiguous and connected to
909 the live gaming facility. If a designated slot machine gaming
910 area is to be located in a building that is to be constructed,
911 that new building must be contiguous and connected to the live
912 gaming facility.
913 Section 25. Subsection (5) of section 565.02, Florida
914 Statutes, is amended to read:
915 565.02 License fees; vendors; clubs; caterers; and
916 others.—
917 (5) A caterer at a horse or dog racetrack or jai alai
918 fronton may obtain a license upon the payment of an annual state
919 license tax of $675. Such caterer's license shall permit sales
920 only within the enclosure in which such races or jai alai games
921 are conducted, and such licensee shall be permitted to sell only
922 during the period beginning 10 days before and ending 10 days
923 after racing or jai alai under the authority of the Division of
924 Pari-mutuel Wagering of the Department of Business and
925 Professional Regulation is conducted at such racetrack or jai

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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

PCB COM 21-05

ORIGINAL 2021

926 alai fronton. Except as in this subsection otherwise provided,
927 caterers licensed hereunder shall be treated as vendors licensed
928 to sell by the drink the beverages mentioned herein and shall be
929 subject to all the provisions hereof relating to such vendors.
930 Section 26. Subsection (5) and paragraph (d) of subsection
931 (13) of section 849.086, Florida Statutes, are amended to read:
932 849.086 Cardrooms authorized.—
933 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
934 operate a cardroom in this state unless such person holds a
935 valid cardroom license issued pursuant to this section.
936 (a) Only those persons holding a valid cardroom license
937 issued by the division may operate a cardroom. A cardroom
938 license may only be issued to a licensed pari-mutuel
939 permitholder and an authorized cardroom may only be operated at
940 the same facility at which the permitholder is authorized under
941 its valid pari-mutuel wagering permit to conduct pari-mutuel
942 wagering activities. An initial cardroom license shall be issued
943 to a pari-mutuel permitholder only after its facilities are in
944 place and after it conducts its first day of pari-mutuel
945 activities on live racing or games.
946 (b) After the initial cardroom license is granted, the
947 application for the annual license renewal shall be made in
948 conjunction with the applicant's annual application for its
949 pari-mutuel license. If a permitholder has operated a cardroom
950 during any of the 3 previous fiscal years and fails to include a

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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

PCB COM 21-05

ORIGINAL 2021

951 renewal request for the operation of the cardroom in its annual
952 application for license renewal, the permitholder may amend its
953 annual application to include operation of the cardroom.
954 (c) Notwithstanding any other provision of law, a cardroom
955 license may not be issued to any permitholder that did not hold
956 a cardroom license on November 6, 2018. In order for a cardroom
957 license to be renewed the applicant must have requested, as part
958 of its pari-mutuel annual license application, to conduct at
959 least 90 percent of the total number of live performances
960 conducted by such permitholder during either the state fiscal
961 year in which its initial cardroom license was issued or the
962 state fiscal year immediately prior thereto if the permitholder
963 ran at least a full schedule of live racing or games in the
964 prior year. If the application is for a harness permitholder
965 cardroom, the applicant must have requested authorization to
966 conduct a minimum of 140 live performances during the state
967 fiscal year immediately prior thereto. If more than one
968 permitholder is operating at a facility, each permitholder must
969 have applied for a license to conduct a full schedule of live
970 racing.
971 (d)(c) Persons seeking a license or a renewal thereof to
972 operate a cardroom shall make application on forms prescribed by
973 the division. Applications for cardroom licenses shall contain
974 all of the information the division, by rule, may determine is
975 required to ensure eligibility.

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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

PCB COM 21-05

ORIGINAL 2021

976 (e)(d) The annual cardroom license fee for each facility
977 shall be $1,000 for each table to be operated at the cardroom.
978 The license fee shall be deposited by the division with the
979 Chief Financial Officer to the credit of the Pari-mutuel
980 Wagering Trust Fund.
981 (13) TAXES AND OTHER PAYMENTS.—
982 (d)1. Each greyhound and jai alai permitholder that
983 conducts live performances and operates a cardroom facility
984 shall use at least 4 percent of such permitholder's cardroom
985 monthly gross receipts to supplement greyhound purses or jai
986 alai prize money, respectively, during the permitholder's next
987 ensuing pari-mutuel meet.
988 2. Each thoroughbred permitholder or and harness horse
989 racing permitholder that conducts live performances and operates
990 a cardroom facility shall use at least 50 percent of such
991 permitholder's cardroom monthly net proceeds as follows: 47
992 percent to supplement purses and 3 percent to supplement
993 breeders' awards during the permitholder's next ensuing racing
994 meet.
995 3. No cardroom license or renewal thereof shall be issued
996 to an applicant holding a permit under chapter 550 to conduct
997 pari-mutuel wagering meets of quarter horse racing and
998 conducting live performances unless the applicant has on file
999 with the division a binding written agreement between the
1000 applicant and the Florida Quarter Horse Racing Association or

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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

PCB COM 21-05

ORIGINAL 2021

1001 the association representing a majority of the horse owners and
1002 trainers at the applicant's eligible facility, governing the
1003 payment of purses on live quarter horse races conducted at the
1004 licensee's pari-mutuel facility. The agreement governing purses
1005 may direct the payment of such purses from revenues generated by
1006 any wagering or gaming the applicant is authorized to conduct
1007 under Florida law. All purses shall be subject to the terms of
1008 chapter 550.
1009 Section 27. For the purpose of incorporating the amendment
1010 made by this act to section 550.002, Florida Statutes, in a
1011 reference thereto, paragraph (c) of subsection (2) of section
1012 380.0651, Florida Statutes, is reenacted to read:
1013 380.0651 Statewide guidelines, standards, and exemptions.—
1014 (2) STATUTORY EXEMPTIONS.—The following developments are
1015 exempt from s. 380.06:
1016 (c) Any proposed addition to an existing sports facility
1017 complex if the addition meets the following characteristics:
1018 1. It would not operate concurrently with the scheduled
1019 hours of operation of the existing facility;
1020 2. Its seating capacity would be no more than 75 percent
1021 of the capacity of the existing facility; and
1022 3. The sports facility complex property was owned by a
1023 public body before July 1, 1983.
1024
1025 This exemption does not apply to any pari-mutuel facility as

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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

PCB COM 21-05

ORIGINAL 2021

1026 defined in s. 550.002.
1027
1028 If a use is exempt from review pursuant to paragraphs (a)-(u),
1029 but will be part of a larger project that is subject to review
1030 pursuant to s. 380.06(12), the impact of the exempt use must be
1031 included in the review of the larger project, unless such exempt
1032 use involves a development that includes a landowner, tenant, or
1033 user that has entered into a funding agreement with the state
1034 land planning agency under the Innovation Incentive Program and
1035 the agreement contemplates a state award of at least $50
1036 million.
1037 Section 28. For the purpose of incorporating the amendment
1038 made by this act to section 550.002, Florida Statutes, in a
1039 reference thereto, paragraph (c) of subsection (4) of section
1040 402.82, Florida Statutes, is reenacted to read:
1041 402.82 Electronic benefits transfer program.—
1042 (4) Use or acceptance of an electronic benefits transfer
1043 card is prohibited at the following locations or for the
1044 following activities:
1045 (c) A pari-mutuel facility as defined in s. 550.002.
1046 Section 29. For the purpose of incorporating the amendment
1047 made by this act to section 550.002, Florida Statutes, in a
1048 reference thereto, subsection (1) of section 480.0475, Florida
1049 Statutes, is reenacted to read:
1050 480.0475 Massage establishments; prohibited practices.—

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PCB COM 21-05

ORIGINAL 2021

1051 (1) A person may not operate a massage establishment
1052 between the hours of midnight and 5 a.m. This subsection does
1053 not apply to a massage establishment:
1054 (a) Located on the premises of a health care facility as
1055 defined in s. 408.07; a health care clinic as defined in s.
1056 400.9905(4); a hotel, motel, or bed and breakfast inn, as those
1057 terms are defined in s. 509.242; a timeshare property as defined
1058 in s. 721.05; a public airport as defined in s. 330.27; or a
1059 pari-mutuel facility as defined in s. 550.002;
1060 (b) In which every massage performed between the hours of
1061 midnight and 5 a.m. is performed by a massage therapist acting
1062 under the prescription of a physician or physician assistant
1063 licensed under chapter 458, an osteopathic physician or
1064 physician assistant licensed under chapter 459, a chiropractic
1065 physician licensed under chapter 460, a podiatric physician
1066 licensed under chapter 461, an advanced practice registered
1067 nurse licensed under part I of chapter 464, or a dentist
1068 licensed under chapter 466; or
1069 (c) Operating during a special event if the county or
1070 municipality in which the establishment operates has approved
1071 such operation during the special event.
1072 Section 30. This act shall take effect July 1, 2021, but
1073 only if PCB COM 21-03 or similar legislation takes effect, if
1074 such legislation is adopted in the same legislative session or
1075 an extension thereof and becomes a law.

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COMMERCE COMMITTEE

PCB COM 21-05
Requirements for Pari-mutuel Permitholders to Conduct Racing or Games

AMENDMENT SUMMARY
April 14, 2021

Amendment 1 by Rep. Latvala (lines 263, 382, 853, 956):
• Corrects a date from November 6, 2018, to January 1, 2021.

Amendment 2 by Rep. Latvala (line 404):
• Returns language inadvertently removed.

Amendment 3 by Rep. Latvala (line 714):
• Conforms language with other provisions in the bill.

Amendment 4 by Rep. Latvala (line 906):
• Ensures operation of slot machines at the same location listed on the license.

Amendment 5 by Rep. Latvala (line 917):
• Conforms language with other provisions in the bill.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-05 (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 Latvala offered the following:
3
4 Amendment
5 Remove line 263 and insert:
6 operating license on January 1, 2021.
7 Remove line 382 and insert:
8 permits on January 1, 2021.
9 Remove line 853 and insert:
10 games under s. 550.01215(1)(b), if any, on January 1, 2021, Any
11 Remove line 956 and insert:
12 a cardroom license on January 1, 2021. In order for a cardroom

PCB COM 21-05 a1
Published On: 4/13/2021 8:33:17 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-05 (2021)
Amendment No. 2

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 Latvala offered the following:
3
4 Amendment
5 Remove lines 404-420 and insert:
6 eligible for any tax credit provided by this chapter. The holder
7 of a permit converted under former subsection (14) of this
8 section, Florida Statutes 2020, pursuant to this subsection or
9 any holder of a permit to conduct greyhound racing located in a
10 county in which it is the only permit issued pursuant to this
11 section who operates at a leased facility pursuant to s. 550.475
12 may move the location for which the permit has been issued to
13 another location within a 30-mile radius of the location fixed
14 in the permit issued in that county, provided the move does not
15 cross the county boundary and such location is approved under
16 the zoning regulations of the county or municipality in which
PCB COM 21-05 a2
Published On: 4/13/2021 8:34:25 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-05 (2021)
Amendment No. 2

17 the permit is located, and upon such relocation may use the
18 permit for the conduct of pari-mutuel wagering and the operation
19 of a cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
20 apply to any permit converted under former subsection (14) of
21 this section, Florida Statutes 2020, this subsection and shall
22 continue to apply to any permit which was previously included
23 under and subject to such provisions before a conversion
24 pursuant to this section occurred.

PCB COM 21-05 a2
Published On: 4/13/2021 8:34:25 PM
Page 2 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-05 (2021)
Amendment No. 3

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 Latvala offered the following:
3
4 Amendment
5 Between lines 714 and 715, insert:
6 Section 18. Subsection (8) of section 550.334, Florida
7 Statutes, is amended to read
8 550.334 Quarter horse racing; substitutions.—
9 (8) To be eligible to conduct intertrack wagering, a
10 quarter horse racing permitholder must have conducted a full
11 schedule of live racing in the preceding year.
12

PCB COM 21-05 a3
Published On: 4/13/2021 8:35:37 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-05 (2021)
Amendment No. 4

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 Latvala offered the following:
3
4 Amendment
5 Remove lines 906-907 and insert:
6 located at the address specified in the licensed permitholder's
7 slot machine license issued for fiscal year 2020-2021 within the

PCB COM 21-05 a4
Published On: 4/13/2021 8:36:22 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-05 (2021)
Amendment No. 5

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 Latvala offered the following:
3
4 Amendment
5 Remove lines 917-929 and insert:
6 (5) A caterer at a horse pari-mutuel facility licensed
7 used chapter 550or dog racetrack or jai alai fronton may obtain
8 a license upon the payment of an annual state license tax of
9 $675. Such caterer's license shall permit sales only within the
10 enclosure in which pari-mutuel wagering is conducted such races
11 or jai alai games are conducted, and such licensee shall be
12 permitted to sell only during the period beginning 10 days
13 before and ending 10 days after racing or jai alai under the
14 authority of the Division of Pari-mutuel Wagering of the
15 Department of Business and Professional Regulation is conducted
16 at such racetrack or jai alai fronton. Except as in this
PCB COM 21-05 a5
Published On: 4/13/2021 8:37:16 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCB COM 21-05 (2021)
Amendment No. 5

17 subsection otherwise provided, caterers licensed hereunder shall
18 be treated as vendors licensed to sell by the drink the
19 beverages mentioned herein and shall be subject to all the
20 provisions hereof relating to such vendors.
21

PCB COM 21-05 a5
Published On: 4/13/2021 8:37:16 PM
Page 2 of 2

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