Meeting Packet - Regulatory Reform Subcommittee (December 2, 2021)

Summary

Meeting packet of the Florida House of Representatives Commerce Committee Regulatory Reform Subcommittee for Thursday, December 2, 2021 at Webster Hall. The agenda lists HB 33, HB 87, HB 267, HB 423 and HB 6031 for consideration. The HB 33 staff analysis says the True Origin of Digital Goods Act requires owners or operators of websites that electronically disseminate commercial recordings or audiovisual works to Florida consumers to post a name, a physical address, and a telephone number or e-mail address. It says the bill amends the definition of electronic dissemination to add display or performance, with an effective date of July 1, 2022. The HB 6031 text repeals Section 564.05, Florida Statutes, on individual wine containers.

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

Cite this document

“Meeting Packet - Regulatory Reform Subcommittee (December 2, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-12-02-3101-regulatory-reform-subcommittee-meeting-packets-fn-rrs-422c246658/, SHA-256 8d8835533d889b19130b6c7283217a3ff03d520d045959ec943b104f8f19b531.

Full text

Regulatory Reform
Subcommittee
Thursday, December 2, 2021
11:00 AM - 12:30 PM
Webster Hall (212 Knott)

Meeting Packet

Chris Sprowls Bob Rommel
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform Subcommittee
Chris Sprowls Bob Rommel
Speaker Chair

Meeting Agenda
Thursday, December 2, 2021
11:00 AM – 12:30 PM
Webster Hall (212 Knott)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):
HB 33 Electronic Dissemination of Commercial Recordings and Audiovisual Works
by Busatta Cabrera
HB 87 Criminal History in Professional Licensing Applications by Chambliss, Plakon
HB 267 Swimming Pool Specialty Contracting Services by McClure
HB 423 Building Inspection Services by LaMarca
HB 6031 Individual Wine Containers by LaMarca

V. Closing Remarks

VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
Phone Numbers
HB 33
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 33 Electronic Dissemination of Commercial Recordings and Audiovisual Works
SPONSOR(S): Busatta Cabrera
TIED BILLS: IDEN./SIM. BILLS: SB 288

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Wright Anstead

2) Civil Justice & Property Rights Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS

The True Origin of Digital Goods Act (Act) requires owners or operators of websites that electronically
disseminate commercial recordings or audiovisual works to Florida consumers to clearly post on the website
and make readily accessible to a consumer using or visiting the website the following identifying information:
 The true and correct name of the operator or owner;
 The operator or owner’s physical address; and
 The operator or owner’s telephone number or e-mail address.

Currently, “electronic dissemination” means initiating a transmission of, making available, or otherwise offering
a commercial recording or audiovisual work for distribution through the Internet or other digital network,
regardless of whether another person has previously electronically disseminated the same commercial
recording or audiovisual work.

The Act gives owners, assignees, authorized agents, or licensees of a commercial recording or audio visual
work whose work appears on a website that has not posted identifying information in violation of the Act the
right to seek injunctive relief.

The bill amends the definition of “electronic dissemination” to read: “initiating a transmission of, making
available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or
performance through the Internet or other digital network, regardless of whether another person has
previously electronically disseminated the same commercial recording or audiovisual work.”

Therefore, the bill requires a person who owns or operates a streaming service or other website dealing in
substantial part in the display or performance of commercial recordings and audiovisual works, not subject to
an exemption, to post their identifying information on the website.

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

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0033.RRS
DATE: 11/29/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
True Origin of Digital Goods Act

The True Origin of Digital Goods Act (Act) requires owners or operators of websites that deal in
substantial part to electronically disseminate commercial recordings or audiovisual works to Florida
consumers to clearly post on the website and make readily accessible to a consumer using or visiting
the website the following identifying information:1
 The true and correct name of the operator or owner;
 The operator or owner’s physical address; and
 The operator or owner’s telephone number or e-mail address.

“Electronic dissemination” under the Act means initiating a transmission of, making available, or
otherwise offering a commercial recording or audiovisual work for distribution through the Internet or
other digital network, regardless of whether another person has previously electronically disseminated
the same commercial recording or audiovisual work. 2

The Act does not protect copyrighted material, but rather governs “commercial recordings or
audiovisual works,” defined broadly to include a recording or audiovisual work whose owner, assignee,
authorized agent, or licensee has disseminated or intends to disseminate such work for sale, rental, or
performance or exhibition to the public, regardless of whether the person seeks commercial advantage
or private financial gain from the dissemination. The Act applies to websites that disseminate
copyrighted material as well as any disseminated recording or audiovisual work, regardless of the
disseminator’s intent to seek commercial advantage or financial gain from the work. 3

The Act gives a right to injunctive relief for owners, assignees, authorized agents, or licensees of a
commercial recording or audio visual work whose work appears on a website that has not posted
identifying information in violation of the Act. Before initiating the civil action provided for in the Act, the
aggrieved party must “make reasonable efforts” to place an individual alleged to be in violation of the
section on notice that the owner or operator may be in violation of the Act, and that failure to cure the
violation within 14 days may result in civil action. The prevailing party may also recover necessary
expenses and reasonable attorney fees. These remedies are available as a supplement to other state
and federal criminal and civil law provisions.4

The Act authorizes the court to make appropriate orders to compel compliance with the Act upon
motion of the party instituting the action.5

The Act exempts:
 providers of interactive computer services, communication services, commercial mobile
services, information services that provide transmission, storage, or caching of electronic
communications or other related telecommunications service, and commercial mobile radio
services;6 and
 commercial recordings and audiovisual works that are video games, depictions of video game
play, and streaming of video game activity.7

Streaming Services

1 S. 501.155(4)(a), F.S.
2 S. 501.155(3)(b), F.S.
3 S. 501.155(3)(a), F.S.
4 S. 501.155(5), F.S.
5 Id.
6 S. 501.155(2)(b), F.S.
7 S. 501.155(3)(a), F.S.
STORAGE NAME: h0033.RRS PAGE: 2
DATE: 11/29/2021
Generally, a streaming service is an online provider of entertainment, including music and movies, that
delivers the content via an Internet connection to a user or subscriber's computer, television, or mobile
device.8

Federal Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) updated federal copyright law to address the relationship
between copyrighted material and the internet. The DMCA created the notice-and-takedown system,9
which allows online service providers to expeditiously remove infringing content after receiving a notice
from a copyright holder.10 As the internet, related consumer activity, and specifically third party posting
of copyrighted content continues to grow, so have takedown notices.11 For example, Google received
take down notices for approximately 3 million URLs in 2013, compared to approximately 5.3 billion as
of October 21, 2021.12

The DMCA also requires online service providers to designate an agent to receive copyright owners’
notices, and provide the agent’s contact information on their websites.

Federal Protecting Lawful Streaming Act

The Consolidated Appropriations Act of 2021 created the Protecting Lawful Streaming Act (PLSA), 13
which increases the federal penalty for illegal streaming from a misdemeanor to a felony. 14 Specifically,
the PLSA targets individuals who act (1) willfully, (2) for purposes of commercial advantage or private
financial gain, and (3) offer or provide to the public a digital transmission service.

Effect of the Bill

Therefore, the bill requires a person who owns or operates a streaming service or other website dealing
in substantial part in the display or performance of commercial recordings and audiovisual works, not
subject to an exemption, to post their identifying information on the website.

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

8 PC Mag Digital Group, Streaming Service, https://www.pcmag.com/encyclopedia/term/streaming -service (last visited
Nov. 23, 2021).
9 17 U.S.C. § 512 (2)(b)-(d). U.S. Copyright Office, The Digital Millennium Copyright Act: Section 1202- Copyright

Management Information Protection, https://www.copyright.gov/dmca/ (last visited Nov. 23, 2021). See also, U.S.
Copyright Office, Section 512 Report, pp. 1, 8 (May 2020), available at
https://www.copyright.gov/policy/section512/section-512-full-report.pdf (last visited Nov. 23, 2021).
10 U.S. Copyright Office, Section 512 of Title 17: Resources on Online Service Provider Safe Harbors and Notice-and-

Tak edown System (May 21, 2020), https://www.copyright.gov/512/ (last visited Nov. 23, 2021). See also, 17 U.S.C.
§§512(b)-(d)
11 See also, U.S. Copyright Office, Section 512 Report, pp. 10 (May 2020), available at

https://www.copyright.gov/policy/section512/section-512-full-report.pdf (last visited Nov. 23, 2021).
12 Id. at 31-32, citing Google, How Google Fights Piracy (2018),

https://www.blog.google/documents/25/GO806_Google_FightsPiracy_eReader_final.pdf (last visited Nov. 23, 2021). See
also, Google Transparency Report, available at https://transparencyreport.google.com/copyright/overview (last visited
Nov. 23, 2021).
13 18 U.S.C. 2319C, “Illicit Digital Transmission Services.”
14 The act of offering copyrighted material for download without specific license or authorization is separately classified a

felony under the No Electronic Theft (NET) Act, but this provision did not cover streaming copyrighted material. 17 U.S.C.
506. See also, Michael Antonucci, New Legislation: CASE Act and Protecting Lawful Streaming Act (Mar. 18, 2021),
https://www.mondaq.com/unitedstates/trademark/1047506/new-legislation-case-act-and-protecting-lawful-streaming-act
(last visited Nov. 23, 2021).
STORAGE NAME: h0033.RRS PAGE: 3
DATE: 11/29/2021
B. SECTION DIRECTORY:

Section 1: Amends s. 501.155, F.S.; requiring certain information be provided on certain websites.

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:
The bill may allow more owners, assignees, authorized agents, or licensees of a commercial recording
or audio visual work to seek injunctive relief based on improper notice, and assist such parties in
identifying illegal displays of their performances.

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:

Although the Act allows owners, assignees, authorized agents, and licensees of commercial
recordings and audio visual works to seek injunctive relief, it is uncertain whether they would be able
to successfully bring such an action because Florida courts may not have jurisdiction over such bad
actors or respondents.

For a court to exercise jurisdiction over a respondent, it must have subject matter jurisdiction and
personal jurisdiction, which is determined by the court based on the respondent’s contacts with the

STORAGE NAME: h0033.RRS PAGE: 4
DATE: 11/29/2021
state.15 A non-resident respondent may have sufficient contacts with Florida if he or she commits
acts expressly enumerated in Florida’s long-arm statute.16 Alternately, the non-resident respondent
may be subject to a Florida court’s personal jurisdiction because he or she has minimum contacts
with the state that are otherwise unrelated to the matter that brings him or her into court.17 Whether
a non-resident Internet company that electronically disseminates commercial recordings or
audiovisual works into Florida has sufficient minimum contacts with the state is a fact-specific
question that would likely need to be addressed on a case-by-case basis by a court.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill captures a wide array of behaviors due to the broad definitions of the terms “commercial
recording or audiovisual work,” “electronic dissemination,” “performance,” and “display” used. As a
result, many private individuals having a website may be required to disclose their true and correct
name, physical address, and telephone number or e-mail address or be subject to the Act.

Also, the true target for the injunction and further consequences of the Act are likely those websites that
do not provide the identifying information or that are located in another jurisdiction.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

15 Caiazzo v. American Royal Arts Corp., 73 So. 3d 245, 250 (Fla. 4th DCA 2011).
16 Id; S. 48.193, F.S.
17 Caiazzo v. American Royal Arts Corp., 73 So. 3d 245, 250 (Fla. 4th DCA 2011).
STORAGE NAME: h0033.RRS PAGE: 5
DATE: 11/29/2021
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

HB 33 2022

1 A bill to be entitled
2 An act relating to electronic dissemination of
3 commercial recordings and audiovisual works; amending
4 s. 501.155, F.S.; revising the definition of the term
5 "electronic dissemination"; providing an effective
6 date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (b) of subsection (3) of section
11 501.155, Florida Statutes, is amended to read:
12 501.155 Electronic dissemination of commercial recordings
13 or audiovisual works; required disclosures; injunctive relief.—
14 (3) DEFINITIONS.—As used in this section, the term:
15 (b) "Electronic dissemination" means initiating a
16 transmission of, making available, or otherwise offering a
17 commercial recording or audiovisual work for distribution,
18 display, or performance through the Internet or other digital
19 network, regardless of whether another person has previously
20 electronically disseminated the same commercial recording or
21 audiovisual work.
22 Section 2. This act shall take effect July 1, 2022.

Page 1 of 1

CODING: Words stricken are deletions; words underlined are additions.
hb0033-00
HB 87
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 87 Criminal History in Professional Licensing Applications
SPONSOR(S): Chambliss and others
TIED BILLS: IDEN./SIM. BILLS: N/A

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Wright Anstead

2) Criminal Justice & Public Safety Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS

The Department of Business and Professional Regulation (DBPR) regulates and licenses several Florida
professions. Generally, DBPR, or a licensing board (board), may deny a license application if the applicant’s criminal
history:
• Relates to the practice of the applicant’s profession, or
• Is an impairment to a finding of good moral character, if the profession ’s licensing standards specifically
require “good moral character.”

When reviewing an applicant’s criminal history, most boards take the number of years that have passed into account
before using it as grounds to deny a license. Certain listed professions under DBPR have a separate time -limited
review process or look-back periods for considering criminal history. Those professions are:
• Construction trades contractors,
• Electrical contractors,
• Barbers, and
• Cosmetologists.

For these professions, the board may review criminal history and use it to make a decision related to licensing if the
crime occurred in the past five years prior to application. However, boards may consider forcible felonies and sexual
predator crimes regardless of how long ago the crime occurred if they relate to the practice of the profession.

As part of the requirements for licensure, construction and electrical contractor applicants are required to show
“good moral character,” but barber and cosmetology applicants are not. The contractor boards may consider a
contractor applicant’s complete criminal history regardless of how long ago the crime occurred if it relates to good
moral character.

The bill shortens the look-back period or review period, from five years to two years prior to the application.
However, boards may continue to consider forcible felonies and sexual predator crimes if they relate to the practice
of the profession.

The bill prohibits the contractor boards from considering crimes which relate to “good moral character” as grounds to
deny a license if the conviction occurred more than two years before the date of application.

The bill also requires certain boards to approve educational program credits earned by inmates in a correctional
institution vocational training program or through an industry certification program for the purposes of satisfying
training requirements for licensure.

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

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

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0087.RRS
DATE: 11/29/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Department of Business and Professional Regulation Umbrella Chapter

The Department of Business and Professional Regulation (DBPR) has 12 divisions that regulate
several Florida professions and businesses.1 Chapter 455, F.S., applies to the regulation of professions
constituting “any activity, occupation, profession, or vocation regulated by DBPR in the Divisions of
Certified Public Accounting, Professions, Real Estate, and Regulation.” 2 Chapter 455, F.S., also
provides general DBPR powers and sets forth the procedural and administrative framework for all
professional DBPR boards.3

Licensing Determinations and Criminal History

Generally, any state agency may deny an application for professional license, permit, or certification for
a prior felony or first-degree misdemeanor conviction that is:
 Directly related to the profession’s standards; and
 Reasonably related to the protection of the public health, safety, and welfare for the specific
profession for which the license, permit, or certificate is sought. 4

However, an agency may not deny an application for a license, permit, certificate, or employment
based solely on the applicant’s lack of civil rights.5

DBPR or a licensing board may deny a license application for a person who was convicted or found
guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any
jurisdiction which relates to the practice of, or the ability to practice, the applicant’s profession,6 or for
other reasons listed in the applicable practice act. Some professions require applicants to be of good
moral character, and boards may deny a license on such basis.

Applicants for a DBPR license may apply for licensure while they are still incarcerated or under some
form of supervised release, and may not be charged an additional fee.7 DBPR also currently allows
some correctional training programs to be accepted for licensure purposes. 8

Barbers
The Barbers’ Board under DBPR governs the regulation and licensing of barbers and barbershops in
the state. A barber license is required to perform barbering services. 9 Barbering services include hair
services and limited skin care services when done for compensation, but not for medical purposes 10

To be eligible for a barber license, an applicant must:11

1 Section 20.165, F.S, creates the divisions of Administration; Alcoholic Beverages and Tobacco; Certified Public
Accounting; Drugs, Devices, and Cosmetics; Florida Condominiums, Timeshares, and Mobile Homes; Hotels and
Restaurants; Pari-mutuel Wagering; Professions; Real Estate; Regulation; Service Operations; and Technology.
2 S. 455.01(6), F.S.
3 The DBPR must also provide legal counsel for boards within the DBPR by contracting with the Department of Legal

Affairs, by retaining private counsel, or by providing DBPR staff counsel. Ss. 455.203 and 455.221(1), F.S.
4 S. 112.011(1)(b), F.S.
5 S. 112.011(1)(c), F.S.
6 S. 455.227(1)(c), F.S.
7 S. 455.213(3)(c)1., F.S.
8 DBPR, Agency Analysis of 2022 House Bill 87, p. 6 (Oct. 14, 2021).
9 S. 476.144(1), F.S.
10 S. 476.034(2), F.S.
11 S. 476.114, F.S.
STORAGE NAME: h0087.RRS PAGE: 2
DATE: 11/29/2021
 Be at least 16 years old,
 Complete the required training,
 Pass the written examination, and
 Pay an application fee.

Criminal History of Barbers

The Barbers’ Board may deny a barber license application for any person having been convicted or
found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in
any jurisdiction which directly relates to the practice of, or the ability to practice barbering.12 Barbers do
not have a good moral character requirement.

Cosmetologists
The Board of Cosmetology under DBPR governs the licensing and regulation of cosmetologists, nail
specialists, facial specialists, full specialists, and related salons in the state. A cosmetology license or a
specialty registration is required to perform cosmetology services. Cosmetology services include hair
services, nail services, and skin care services when done for compensation, but not for medical
purposes.13

To be eligible for a cosmetology or specialty license, an applicant must:14
 Be at least age 16 or have a high school diploma,
 Complete the required training,
 Pass the licensure examination (if applicable), and
 Pay an application fee.

Criminal History of Cosmetologists

The Board of Cosmetology may deny a cosmetology license application for any person having been
convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of
adjudication, a crime in any jurisdiction which directly relates to the practice of, or the ability to practice,
cosmetology.15 Cosmetologists do not have a good moral character requirement.

DBPR Contracting Professionals

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..16

A construction contractor is a person who, for compensation, takes on a job or submits a bid to
construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure for
others, or for resale to others,17 including the attempted sale of contracting services and the negotiation
or bid for a contract on these services.18 This can also include receiving funds for the job from
customers.19

The CILB is divided into two divisions with separate jurisdictions:
• Division I is comprised of the following types of contractors:
o General,
o Building, and
o Residential.

12 S. 455.227(1)(c), F.S.
13 S. 477.013(4), F.S.
14 S. 477.019(2), F.S.
15 S. 455.227(1)(c), F.S.
16 S. 489.107, F.S.
17 S. 489.105(3), F.S.
18 S. 489.105(6), F.S.
19 See ss. 489.103(6), 489.126, F.S.
STORAGE NAME: h0087.RRS PAGE: 3
DATE: 11/29/2021
• 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.

A specialty contractor is one whose scope of work and responsibility is limited to a particular phase of
construction as detailed in an administrative rule adopted by the CILB. 20

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.21

An electrical contractor engages in business as a contractor or performs electrical or alarm work for
compensation, including the attempted sale of contracting services and the negotiation or bid for a
contract on these services.22 This can also include receiving funds for the job from customers. 23

All construction contractor and electrical contractor applicants must meet the following criteria:24
• Be at least 18 years of age;
• Submit an application and fee;
• Successfully pass the certification examination; and
• Meet eligibility requirements according to a combination of education and experience as
approved by the CILB or ECLB.

Criminal History of Contractors

The CILB and ECLB may deny a license application for any person having been convicted or found
guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any
jurisdiction which directly relates to the practice of, or the ability to practice, contracting.25

Construction and electrical contractors must be of good moral character.26 In considering an
applicant’s good moral character, CILB and ECLB may consider any matter, including criminal
background, that has a substantial connection to the good moral character of the applicant and the
professional responsibilities of such a contractor by clear and convincing evidence.27

The CILB must consider the length of time since the commission of a crime and the applicant’s
rehabilitation in denying or approving licensure.28 The CILB may not deny licensure based solely
upon a felony conviction or the applicant’s failure to provide proof of restoration of civil rights. 29

20 For example, specialty swimming pool contractors have limited scopes of work for the construction of pools, spas, hot
tub, and decorative or interactive water displays. R. 61G4-15.032 (2016), F.A.C.
21 S. 489.507, F.S.
22 S. 489.505(9), F.S.
23 See s. 489.505(9), F.S.
24 Ss. 489.111(2)(c)1.-3., 489.113, and 489.516, F.S.
25 S. 455.227(2), F.S. See also ss. 489.129(1)(b) and 489.553(1)(d), F.S., providing the disciplinary grounds for

construction contractors and electrical contractors, respectively.
26 There is not a specific definition of “good moral character applicable to CILB contractors, but the definition applicable to

ECLB contractors means having “a personal history of honesty, fairness, and respect for the rights of others and for laws
of this state and nation.” S. 489.511(3)(a), F.S.
27 Ss. 489.111(2)(b), (3)(a) and 489.513(1)(b), (c), F.S.
28 S. 489.115(6), F.S.
STORAGE NAME: h0087.RRS PAGE: 4
DATE: 11/29/2021
For licensing electrical contractors, the ECLB is not specifically required to consider the
passage of time between the disqualifying criminal offense and the time of application before
denying or granting a license or registration.

Criminal History Review Process – Current Situation

In 2019, the Legislature created a time-limited review process for considering the criminal history of
applicants for certain listed professions.30

The time-limited review process applies to the following listed professions:31
 Barbers;
 Cosmetologists and cosmetology specialists;
 Air-conditioning contractors;
 Electrical contractors;
 Mechanical contractors;
 Plumbing contractors;
 Pollutant storage systems contractors;
 Roofing contractors;
 Sheet metal contractors;
 Solar contractors;
 Swimming pool and spa contractors;
 Underground utility and excavation contractors;
 Specialty contractors; and
 Any other profession for which the department issues a license, provided the profession is
offered to inmates in any correctional facility as vocational training or through an industry
certification program.

The process limits the period for which a board may consider criminal history as an impairment to
licensure to five years prior to application for listed professions. However, boards may consider
forcible felonies and sexual predator crimes if they relate to the practice of the profession, regardless of
when it occurred.32

Additionally, the CILB and ECLB may still consider a contractor applicant’s complete criminal history if it
relates to good moral character, and regardless of when it occurred.

A person may apply for a license in a listed profession before being released from confinement or
supervision, and may not be charged an additional fee. The applicable board may not deny an
application for a license solely on the basis of the applicant’s current confinement or supervision. 33

The applicable board of a listed profession must permit an applicant under confinement or supervision
to appear by teleconference or video conference, as appropriate, at any meeting of the applicable
board or other hearing by the agency concerning their application, and the Department of Corrections
(DOC) and the board must cooperate and coordinate to facilitate such appearance.34 If a person who is
under confinement or supervision is approved for a license for a listed profession, the applicable board
must stay the issuance of the license until the applicant is lawfully released, and the applicant notifies
the board of such release. The board must verify the applicant’s release with the DOC before it issues
such a license.35

29 Id.
30 Ch. 2019-167, L.O.F.
31 S. 455.213(3)(a), F.S.
32 S. 455.213(3)(b)1., F.S.
33 S. 455.213(3)(c)1., F.S.
34 S. 455.213(3)(c)3.-4., F.S.
35 S. 455.213(3)(c)2., F.S.
STORAGE NAME: h0087.RRS PAGE: 5
DATE: 11/29/2021
The boards of the listed professions must list on DBPR’s website the crimes that have not impaired a
person’s qualifications for licensure, and update the list annually. Such boards must also identify the
crimes on DBPR’s website that have impaired a person’s qualifications for licensure, and update the list
quarterly.36

Criminal Offenses

Sexual predator37 registration criteria are described in s. 775.21(4)1, F.S. Criminal offenses that
require registration include:38
 A capital, life, or first degree felony for:
o Kidnapping or false imprisonment, where the victim is a minor and there is a sexual
component to the crime;
o Sexual battery;
o Lewd or lascivious battery or molestation;
o Selling or buying minors to engage in sexually explicit conduct;
 An offense that would require registration as a sexual offender, other than transmission of child
pornography by electronic device or transmission of material harmful to minors, by a person with
a prior conviction for a sexual offense; or
 A conviction for a similar offense committed in another jurisdiction. 39

Forcible felonies include:
 Murder;
 Manslaughter;
 Sexual battery;
 Carjacking;
 Home-invasion robbery;
 Robbery;
 Burglary;
 Kidnapping;
 Aggravated assault;
 Aggravated battery; and
 Aggravated stalking.40

Criminal History Review Process – Effect of the Bill

The bill reduces the time frame, from five years to two years before the date of application, that a
board of a listed profession may look back and use certain criminal history as grounds to deny a license
application. The boards may consider any criminal history if, at any time during the 2 year period, the
applicant was an inmate in any correctional institution or correctional facility. Boards may also continue
to consider forcible felonies and sexual predator crimes regardless of when they occurred if they relate
to the practice of the profession.

In addition, the bill prohibits the CILB and ECLB from considering criminal history as grounds to deny a
license as a listed contractor based on “good moral character” if the conviction occurred more than two
years before the date of application.

The bill requires a board of a listed profession to approve educational program credits received from
vocational training programs or industry certification programs offered to inmates in any correctional
institution or facility to satisfy training requirements for licensure.

36 S. 455.213(3)(e), F.S.
37 A sexual predator is someone who has been convicted of a first -degree felony sex crime or has been convicted of two
second-degree felony sex crimes within a ten-year period.
38 S. 775.21(4), F.S.
39 Ss. 787.01, 787.02, 847.0145, and 800.04, F.S.
40 S. 776.08, F.S.
STORAGE NAME: h0087.RRS PAGE: 6
DATE: 11/29/2021
The bill has an effective date of July 1, 2021.

B. SECTION DIRECTORY:

Section 1: Amends s. 455.213, F.S.; relating to certain licensing procedures for applicants with
certain criminal history.

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:
The bill may allow more people to become licensed in their chosen profession.

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:

DBPR has identified concerns with the bill as it relates to construction and electrical contractors:

“Construction and electrical contractors enter into contracts, accept deposits before work is performed,
and may have access to their customer’s financial information. The bill does not grant specific authority
for application denial based upon theft, financial crimes, or other crimes that may relate to the practice
STORAGE NAME: h0087.RRS PAGE: 7
DATE: 11/29/2021
of a profession and are more than two years old. Consequently, the bill may allow individuals who have
committed such crimes at least two years prior to their application for licensure to obtain a license
without consideration of the severity of the crime or the potential risk to the public. Also, the boards may
be placed in the position of issuing licenses to some individuals to handle funds who have not yet
completed their criminal sanctions, such as probation and restitution, which may put those funds at
risk.”41

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

41 DBPR, supra note 8, at 6.
STORAGE NAME: h0087.RRS PAGE: 8
DATE: 11/29/2021
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

HB 87 2022

1 A bill to be entitled
2 An act relating to criminal history in professional
3 licensing applications; amending s. 455.213, F.S.;
4 revising the period of time when a conviction, or any
5 other adjudication, for a crime may not be grounds for
6 denial of licensure in specified professions;
7 providing an exception; removing a provision requiring
8 good moral character for licensure in such
9 professions; requiring the applicable board to approve
10 certain educational program credits offered to inmates
11 in certain institutions or facilities for purposes of
12 satisfying training requirements for licensure in
13 specified professions; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (b) of subsection (3) of section
18 455.213, Florida Statutes, is amended, and paragraph (f) is
19 added to that subsection, to read:
20 455.213 General licensing provisions.—
21 (3)
22 (b)1. A conviction, or any other adjudication, for a crime
23 more than 2 5 years before the date the application is received
24 by the applicable board may not be grounds for denial of a
25 license specified in paragraph (a), unless the applicant was an

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0087-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 87 2022

26 inmate in any correctional institution or correctional facility
27 at any point during such 2-year period. For purposes of this
28 paragraph, the term "conviction" means a determination of guilt
29 that is the result of a plea or trial, regardless of whether
30 adjudication is withheld. This paragraph does not limit the
31 applicable board from considering an applicant's criminal
32 history that includes a crime listed in s. 775.21(4)(a)1. or s.
33 776.08 at any time, but only if such criminal history has been
34 found to relate to the practice of the applicable profession.
35 2. The applicable board may consider the criminal history
36 of an applicant for licensure under subparagraph (a)3. if such
37 criminal history has been found to relate to good moral
38 character.
39 (f) The applicable board shall approve educational program
40 credits offered to inmates in any correctional institution or
41 correctional facility as vocational training or through an
42 industry certification program for purposes of satisfying
43 applicable training requirements for licensure in a profession
44 under paragraph (a).
45 Section 2. This act shall take effect July 1, 2022.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0087-00
HB 267
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 267 Swimming Pool Specialty Contracting Services
SPONSOR(S): McClure
TIED BILLS: IDEN./SIM. BILLS: SB 222

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Brackett Anstead

2) Commerce Committee

SUMMARY ANALYSIS
Construction Contractors, including pool/spa 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. Registered
contractors are required to register their license with the CILB.

Specialty contractors are contractors whose scope of work is limited to a particular phase of construction that is
a subset of a certified contractor’s scope of work, such as drywall or demolition. Specialty contractor licenses
are created by the CILB through rulemaking. Specialty contractors certified by the CILB are permitted to
practice in any jurisdiction in the state. The CILB has created eight types of pool/spa specialty contractors.

In order to perform contracting in the state, a person must be certified or registered (licensed) as a contractor,
be an employee of a licensed contractor, or fall under an exemption provided in current law.

The bill creates a new exemption to licensure requirements by allowing unlicensed persons to perform the
work of specialty contractors for the construction, remodeling, repair, or improvement of commercial or
residential swimming pools, interactive water features, hot tubs, and spas without obtaining a specialty
contractor license or local license.

The bill only allows the unlicensed person to perform the work if:

 the unlicensed person is under the supervision of a licensed commercial or residential pool/spa
contractor or swimming pool/spa servicing contractor;
 the work is within the scope of the supervising contractor’s license;
 the supervising contractor is responsible for the work; and
 the work does not require licensure as a roofing, sheet metal, air-conditioning, mechanical, plumbing,
solar, underground utility and excavation contractor, or electrical contractor.

The bill does not require a direct contract between the commercial or residential pool/spa contractor or
swimming pool/spa servicing contractor and the unlicensed person, nor require the unlicensed person to be an
employee of the supervising pool/spa contractor.

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

The bill provides for an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0267.RRS
DATE: 11/24/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Contractors

Contractors are regulated by ch. 489, F.S., which outlines the law pertaining to contractors in the state
of Florida. Part I of ch. 489, F.S., covers construction contracting regulated by the Construction Industry
Licensing Board (CILB) and pt. II of ch. 489, F.S., covers electrical/alarm system contracting regulated
by the Electrical Contractors’ Licensing Board. Both boards are housed in the Department of Business
and Professional Regulation (DBPR).

Construction contractors are either certified or registered by the CILB. The CILB consists of 18
members who are appointed by the Governor and confirmed by the Senate. The CILB meets to
approve or deny applications for licensure, review disciplinary cases, and conduct informal hearings
relating to discipline.1

"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of
competency for a specific license category and are permitted to practice in that category in any
jurisdiction in the state.2

“Registered contractors” are individuals that have taken and passed a local competency examination
and can practice the specific category of contracting for which he or she is approved, only in the local
jurisdiction for which the license is issued. Registered contractors must register their license with the
CILB after obtaining a local license.3

In order to perform construction contracting in the state, a person must be certified or registered as a
contractor, be an employee4 of a certified or registered contractor, or fall under an exemption provided
in current law.5

Swimming Pool/Spa Contractors

“Commercial pool/spa contractors” are individuals who are certified or registered to construct, repair,
and service any public or private swimming pool, hot tub, or spa including:6

 Installing, repairing, or replacing existing equipment;
 Cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter
changes;
 Installing new pool/spa equipment, interior finishes, package pool heaters, and perimeter piping
and filter piping;
 Constructing equipment rooms or housing for pool/spa equipment; and
 The scope of work of a swimming pool/spa servicing contractor.

“Residential pool/spa contractors” are individuals who are certified or registered to construct repair, and
service any residential swimming pool, hot tub, or spa. The scope of work is identical to the scope of

1 S. 489.107, F.S.
2 S. 489.105, F.S.
3 Ss. 489.105, and 489.117, F.S.
4 “Employee” means a person who receives compensation from and is under the supervision and control of an employer who regularly

deducts the F.I.C.A. and withholding tax and provides workers’ compensation, all as prescribed by law. S. 489.103(2)(b), F.S.
5 Ss. 489.103, and 489.113, F.S.
6 S. 489.105(3)(j), F.S.
STORAGE NAME: h0267.RRS PAGE: 2
DATE: 11/24/2021
work for commercial pool/spa contractors; however, residential pool/spa contractors may only work on
residential swimming pools, hot tubs, and spas. 7

“Swimming pool/spa servicing contractors” are individuals who are certified or registered to repair and
service any public or private swimming pool, hot tub, or spa including:8

 Repairing or replacing existing equipment;
 Cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter
changes;
 Installing new pool/spa equipment and interior refinishing;
 Reinstalling or adding pool heaters;
 Repairing or replacing perimeter piping and filter piping;
 Repairing equipment rooms or housing for pool/spa equipment; and
 Substantially or completing draining a swimming pool, or hot tub or spa, for the purpose of
repair or renovation.

The scope of work for all three types of swimming pool/spa contractors does not include direct
connections to a sanitary sewer system or to potable water lines. 9

Water treatment or cleaning a pool or spa does not require a license unless the structural integrity of
the pool or spa is affected, or equipment attached to the pool or spa must be substantially or completely
disassembled or replaced in order to treat the water or clean the pool. Installing an aboveground pool
also does not require a license.10

A contractor, including pool/spa contractors, must subcontract all electrical, mechanical, plumbing,
roofing, sheet metal, and air-conditioning work, to a contractor certified or registered in the respective
category, unless the pool/spa contractor also holds a state certificate or registration in the respective
category.11

In order to obtain certification as one of the swimming pool/spa contractors, a person must: 12

 Apply to DBPR in writing;
 Be 18 years of age;
 Be of good moral character;
 Pass the examination for the certification sought; and
 Have one of the following:
o A bachelor degree from a four year college in the appropriate field of engineering,
architecture, or building construction, and one year of proven experience;
o Four years of experience as a foreman or a skilled worker with at least one year as a
foreman;
o A combination of college and experience as a foreman or skilled worker that equals four
years with at least one of the years as a foreman; or
o One year of experience and 60 hours of instruction courses approved by the CILB;
however, this only applies to swimming pool/spa servicing contractors.

7 S. 489.105(3)(k), F.S.
8 S. 489.105(3)(l), F.S.
9 S. 489.105, F.S.
10 Ss. 489.103(6), and 489.105, F.S.; DBPR, Trust but Verify,
http://www.myfloridalicense.com/dbpr/reg/documents/trustbutverify_000.pdf?x40199 (last visited Oct. 26, 2021).
11 S. 489.113(3), F.S.
12 Ss. 489.111, & 489.113, F.S.
STORAGE NAME: h0267.RRS PAGE: 3
DATE: 11/24/2021
Swimming Pool/Spa Specialty Contractors

“Certified specialty contractors” are contractors whose scope of work is limited to a particular phase of
construction that is a subset of a certified contractor’s scope of work, such as a drywall specialty
license or a demolition specialty license. Certified specialty contractor licenses are created by the CILB
through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in the
state.13

The CILB has created eight types of pool/spa specialty contractor certifications. Pool/spa specialty
contractors, except residential swimming pool/spa servicing specialty contractors, must work under
contract with and under the supervision of a licensed swimming pool/spa contractor. However, they are
not required to be employees of a licensed pool/spa contractor. 14

The CILB has created the following eight types of pool/spa specialty contractors:15

 Swimming Pool Layout Specialty Contractor-
o The scope of work is limited to the layout, shaping, steel installation, and rough piping of
pools, spas, and hot tub shells.
 Swimming Pool Structural Specialty Contractor-
o The scope of work is limited to the shaping and shooting of gunite, shotcrete, concrete,
or similar product mix used in the construction of swimming pools and spas, and the
installation of fiberglass shells and vinyl liners.
 Swimming Pool Excavation Specialty Contractors –
o The scope of work is limited to the excavation and earthmoving for the installation of
pools, spas, and hot tub shells.
 Swimming Pool Trim Specialty Contractor –
o The scope of work is limited to the installation of tile and coping for pools, spas, hot tub
shells, and decorative or interactive water displays.
 Swimming Pool Decking Specialty Contractor-
o The scope of work is limited to the construction and installation of concrete flatwork,
pavers and bricks, retaining walls, and footings associated with the construction of
pools, spas, and hot tub shells.
 Swimming Pool Piping Specialty Contractor-
o The scope of work is limited to the installation of piping or the installation of circulating,
filtering, disinfecting, controlling, or monitoring equipment and devices used in the
construction of pools, spas, hot tubs, and decorative or interactive water displays or
areas.
 Swimming Pool Finishes Specialty Contractor-
o The scope of work is limited to the coating or plastering of the interior surfaces of pools,
spas, or hot tub shells.
 Residential swimming pool/spa servicing specialty contractor-
o The scope of work is identical to the scope of work for swimming pool/spa servicing
contractors; however, they may only work on residential swimming pools, hot tubs, and
spas.

In order to obtain one of the certified specialty pool/spa contractor a person must: 16

 Submit a written application to the CILB;
 Be at least 18 years of age;
 Be of good moral character;
 Pass a written examination for the specialty pool/spa contractor category sought; and

13 S. 489.105(3)(q), F.S.
14 Rule 61G4-15.032, F.A.C.; Rule 61G4-15.040, F.A.C.
15 Id.
16 Rule 61G4-15.032, F.A.C.; Email from Cody McCloud, Legislative Affairs Director, DBPR, RE: Pool Contractor Information,
(Oct. 26, 2021).
STORAGE NAME: h0267.RRS PAGE: 4
DATE: 11/24/2021
 Demonstrate four years of experience in the specialty pool/spa contractor category sought, or
one year of experience and 60 hours of instruction courses approved by the CILB; however,
the one year of experience only applies to residential swimming pool/spa servicing contractors.

Exemptions from Licensure

An unlicensed person may perform work that falls under the scope of contracting if they fall under an
exemption provided in current law. Currently, there are 24 exemptions provided in current law,
including:17

 a person performing contracting if it is casual, minor, or inconsequential in nature, and the
aggregate contract price for all labor and materials is less than $2,500, subject to certain
requirements. This is referred to as the handyman exemption;

 an owner building or improving one or two-family residences, farm outbuildings, or improving
commercial buildings at a cost that does not exceed $75,000, subject to certain requirements;

 an employee of an apartment community or apartment management company who makes
minor repairs to existing electric water heaters, electric heating, ventilating, and air-conditioning
systems subject to certain requirements;

 a person who sells or installs any finished products, materials, or articles of merchandise that
are not fabricated into and do not become a permanent part of a structure such as awnings; and

 An employee of the United States, the state, or any municipality, county, irrigation district,
reclamation district, or political subdivision, except school boards, state university boards of
trustees, and community college boards of trustee, subject to certain requirements.

Another exemption allows an unlicensed person to perform contracting if the person is under the
supervision of licensed general, building, or residential contractor, and the work does not require
licensure as a roofing, sheet metal, air-conditioning, mechanical, pool/spa, plumbing, solar, or
underground utility and excavation contractor.

The work must be within the scope of the supervising contractor’s license, and the supervising
contractor must also be responsible for the work. The unlicensed person must have a direct contract
with the contractor. However, this is an exemption from state licensure requirements and it does not
affect the ability of local governments to impose licensing requirements on unlicensed persons.18

Effect of the Bill

The bill creates an additional exemption to contractor licensure. The bill provides that unlicensed
persons may perform the work of specialty contractors for the construction, remodeling, repair, or
improvement of commercial or residential swimming pools, interactive water features,19 hot tubs, and
spas without obtaining a specialty contractor license or local license.

17 S. 489.103, F.S.
18 S. 489.113(2), F.S.; Florida Home Builders Association v. St. Johns County, 914 So. 2d 1035 (Fla. 5th DCA 2005).
19 The Florida Building Code defines “interactive water features” as structure designed to allow for recreational activities wit h

recirculated, filtered, and treated water; but having minimal standing water. Water from t he interactive fountain type features is
collected by gravity below grade in a collector tank or sump. The water is filtered, disinfected and then pumped to the featu re spray
discharge heads. The collector tank and water filtration features required make t his structure a type of public swimming pool. Section
454 of the Seventh edition of the Florida Building Code (Building).
STORAGE NAME: h0267.RRS PAGE: 5
DATE: 11/24/2021
The bill only allows the unlicensed person to perform the work if:

 the unlicensed person is under the supervision of a licensed commercial or residential pool/spa
contractor or swimming pool/spa servicing contractor;
 the work is within the scope of the supervising contractor’s license;
 the supervising contractor is responsible for the work; and
 the work does not require licensure as a roofing, sheet metal, air-conditioning, mechanical,
plumbing, solar, underground utility and excavation contractor, or electrical contractor.

The bill does not require a direct contract between the commercial or residential pool/spa contractor or
swimming pool/spa servicing contractor and the unlicensed person performing the specialty contracting
services, or require the unlicensed person to be an employee of the supervising pool/spa contractor.

The bill provides that it does not limit other current exemptions to licensure. The bill also provides that it
may not be construed to expand the scope of work allowed by a licensed commercial or residential
pool/spa contractor or swimming pool/spa servicing contractor to provide plumbing or electrical
services, which requires a separate contractor license.

B. SECTION DIRECTORY:
Section 1. Amends s. 489.117, F.S., creating an exemption to licensure requirements.

Section 2. Provides an effective date of July 1, 2022.

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:
The bill may have a positive impact on the private sector by allowing persons, who are under the
supervision of licensed pool/spa contractors, to perform work on pools, spas, hot tubs, and interactive
water features without having to obtain a license. This may also result in certain projects being
completed in less time and at a lower cost to consumers.

D. FISCAL COMMENTS:
None.

III. COMMENTS

STORAGE NAME: h0267.RRS PAGE: 6
DATE: 11/24/2021
A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
No.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0267.RRS PAGE: 7
DATE: 11/24/2021
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

HB 267 2022

1 A bill to be entitled
2 An act relating to swimming pool specialty contracting
3 services; amending s. 489.117, F.S.; authorizing
4 certain persons under the supervision of specified
5 licensed contractors to perform certain specialty
6 contracting services for commercial or residential
7 swimming pools, interactive water features, hot tubs,
8 and spas; providing that such supervision does not
9 require a direct contract between those persons;
10 providing construction; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (e) is added to subsection (4) of
15 section 489.117, Florida Statutes, to read:
16 489.117 Registration; specialty contractors.—
17 (4)
18 (e) Any person who is not certified or registered may
19 perform the work of a specialty contractor whose scope of
20 practice is limited to the type of work specified under s.
21 489.105(3)(j), (k), or (l) for the construction, remodeling,
22 repair, or improvement of commercial or residential swimming
23 pools, interactive water features as defined in the Florida
24 Building Code, hot tubs, and spas without obtaining a local
25 license or certification as a specialty contractor if he or she

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0267-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 267 2022

26 is supervised by a contractor who is certified or registered
27 under s. 489.105(3)(j), (k), or (l); the work is within the
28 scope of the supervising contractor's license; the supervising
29 contractor is responsible for the work; and the work does not
30 require certification or registration under s. 489.105(3)(d)-
31 (i), (m)-(o), or s. 489.505. Such supervision does not require a
32 direct contract between the contractor certified or registered
33 under s. 489.105(3)(j), (k), or (l) and the person performing
34 the work, or for the person performing the work to be an
35 employee of the contractor certified or registered under s.
36 489.105(3)(j), (k), or (l). This paragraph does not limit the
37 exemptions provided in s. 489.103 and may not be construed to
38 expand the scope of a contractor certified or registered under
39 s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical
40 services for which certification or registration is required by
41 this part or part II.
42 Section 2. This act shall take effect July 1, 2022.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0267-00
HB 423
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 423 Building Inspection Services
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 644

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Brackett Anstead

2) Local Administration & Veterans Affairs
Subcommittee

3) Commerce Committee

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.

A building official, is a local government employee who supervises building code activities, including plans
review and inspection. A building inspector inspects construction to determine compliance with the Building
Code, and a plans examiner reviews plans to determine design compliance with the Building Code.

Building officials, building inspectors, and plans examiners are regulated by the Building Code Administrators
and Inspectors Board (BCAIB) housed within the Department of Business and Professional Regulation
(DBPR).

Current law also allows property owners and contractors to hire building officials, engineers, and architects,
referred to as private providers, to review plans, perform inspections, and prepare certificates of completion.

Relating to building officials, building inspectors, and plans reviewers, the bill:
 Provides that a person may sit for the building inspector or plans examiner licensure test by completing
a 4-year internship with a private entity and under the direct supervision of a licensed building official.
 Requires the BCAIB to create a rule establishing that partial completion of an internship program may
be transferred between local governments or private entities.
 Prohibits the BCAIB from issuing a provisional license with a special condition or requirement that such
licensee be employed by a municipality, county, or other local government agency.

Relating to private providers, the bill:
 Provides that if a person uses a private provider, the local government must provide equal access to all
permitting and inspection documents and reports to the private provider, the owner, and the contractor.
 Defines “reasonable administrative fee.”
 Provides that if a notice of deficiency is not issued within two business days of receiving a request for a
certificate of occupancy from a private provider:
o A certificate is “automatically” granted, instead of “deemed” granted;
o The building permit is closed; and
o Local building officials must provide the permit applicant with a written certificate of occupancy
within 10 days.

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

The bill provides for an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0423.RRS
DATE: 11/24/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
The Florida Building Code

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

Chapter 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 Florida Building Commission was statutorily created to implement the Building Code. The
Commission, which is housed within the Department of Business and Profess ional 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, 5 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.6

Local 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. 7

Every local government must enforce the Building Code and issue building permits.8 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. 9

1 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/ fbc/publications/20 06_Legislature_Rpt _rev2.pdf (last visited Nov. 11, 2021).
2 Id.; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Nov. 11, 2021).
3 Id.
4 See s. 553.72(1), F.S.
5 The International Code Council (ICC) is an association that develops model codes and standards used in the design,

building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code
Council, About the ICC, https://www.iccsafe.org/about/who-we-are/ (last visited Feb. 21, 2021).
6 Ss. 553.73, and 553.74, F.S.
7 S. 553.72, F.S.
8 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
9 See ss. 125.56(4)(a), 553.79(1), F.S.
STORAGE NAME: h0423.RRS PAGE: 2
DATE: 11/24/2021
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.10 Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections is considered completed or closed. 11

Building Code Administrators and Inspectors and Plans Examiners – Current Situation

Building officials, inspectors, and plans examiners are regulated by the Florida 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. 12

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.13

A building code inspector (inspector) inspects construction that requires permits to determine
compliance with the Building Code and state accessibility laws. Inspectors are divided into several
different categories. An inspector’s ability to practice is limited to the category or categories the
inspector has been licensed. The inspector categories are:14

 Building inspector
 Coastal construction inspector
 Commercial electrical inspector
 Residential electrical inspector
 Mechanical inspector
 Plumbing inspector
 Residential inspector
 Electrical inspector

During the 2020 Legislative Session, the Legislature renamed the “one and two family dwelling
inspector” to the “residential inspector” and expanded the scope of practice to include inspecting
one-family, two-family, or three-family residences, and accessory use structures in connection
therewith, for compliance with the building, plumbing, mechanical, accessibility, and electrical codes. 15

A plans examiner reviews plans submitted for building permits to determine design compliance with
construction codes. 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 plan’s
examiners ability to practice is limited to the category or categories the plans examiner has been
licensed. The plans examiner categories are:16

 Building plans examiner
 Plumbing plans examiner
 Mechanical plans examiner

10 S. 110 Seventh edition of the Florida Building Code (Building).
11 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% 20Ex cluded%20Building%20Permits.pdf (last visited Nov. 11,
2021).
12 S. 468.605, F.S.
13 S. 468.603(2), F.S.
14 See s. 468.603(5), F.S.
15 See House Analysis of 2020 House Bill 1193 (Jul. 2, 2020).
16 See s. 468.603(8), F.S.
STORAGE NAME: h0423.RRS PAGE: 3
DATE: 11/24/2021
 Electrical plans examiner

The BCAIB may also create voluntary certificates that licensed inspectors and plans examiners may
obtain. A voluntary certificate is a limited certificate that allows a licensed inspector or plans examiner
to inspect or examine plans for additional categories. Voluntary certificates are not available to people
who are not licensed as an inspector, plans examiner, or construction contractor. The BCAIB has
created the following voluntary certificates:17

 Residential pool inspector
 Commercial pool inspector
 Roofing inspector
 Modular inspector
 Modular plans examiner
 Residential plans examiner

In order to sit for the plans examiner or inspector exam a person must be at least 18 years of age, be of
good moral character, and meet one of the following eligibility requirements: 18

 Have 4 years of combined relevant experience;
 Have 3 years of combined postsecondary education and relevant experience;
 Have 3 years of combined technical education and relevant experience;
 Complete an approved cross-training program and have at least 2 years of experience;
 Hold a standard certificate issued by the BCAIB or a firesafety inspector license; and
o have at least 4 years of relevant experience as an inspector or plans examiner;
o have a minimum of 3 years of experience in firesafety inspection,or firesafety plan
review and completed a training program of not less than 100 hours in the new category
sought;
o complete an approved training program of not less than 200 hours in inspection or plans
review except for one-family and two family dwelling training programs,19 which may
not be less than 500 hours; or
 Complete a 4-year internship certification program.

Internship Programs

After the recession in 2008, Florida experienced a shortage of inspectors, plans examiners, and
building officials on account of many of them being laid off. In at least one county, the shortage forced
the local building board to rehire retired inspectors.20

17 See s. 468.609(10), F.S.; R. 61G19-6.016, F.A.C.
18 S. 468.609(2), F.S.
19 “One-family and two family dwelling” may need to be renamed to “residential” since the Legislature renamed the one-

family and two- family dwelling inspector license to the residential inspector license during the 2020 Legislative Session.
20 See James Sullivan, Charles Kibert, Andriel Fenner, & Shirley Morque, Florida Construction Work force Task force:

Address training issues among building code inspectors to increase the number qualified inspectors ,(March 9, 2017)
http://www.cce.ufl.edu/wp-content/uploads/2016/12/6-Florida-Construction-Work force-Taskforce-Address-training-issues-
among-building-code-inspectors-to-increase-the-number-qualified-1.pdf (last visited Nov. 23, 2021).
STORAGE NAME: h0423.RRS PAGE: 4
DATE: 11/24/2021
In response to the shortage, during the 2017 Legislative Session, the Legislature created the 4-year
internship program as an additional way to obtain licensure as a plans examiner or inspector.21 A
person may sit for the plans examiner or inspector exam in all categories if the person is at least 18
years of age, is of good moral character, and completes an internship program. The requirements of
the internship program are:22

 Completing a 4-year internship as an inspector or plans examiner while employed full-time by
a local government, under the direct supervision of a building official. Proof of graduation with
a related vocational degree or college degree or of verifiable work experience may be
exchanged for the internship experience requirement year-for-year, but may reduce the
requirement to no less than 1 year;
 Passing an ICC administered examination in the license category sought;
 Passing the principles and practice examination before completing the internship program;
 Passing a BCAIB-approved 40-hour code training course in the license category sought before
completing the internship; and
 Obtaining a favorable recommendation from the supervising building official after completion of
the internship.

Current law requires the BCAIB to establish by rule that partial completion of the internship program
may be transferred between jurisdictions.23

Currently, the 4-year internship program only applies to a person employed full-time by a local
government, and does not apply if the person is employed full-time with a private entity that provides
building inspection and/or plans review services.

Provisional Licenses

A person who is qualified to sit for the building official, plans examiner, or inspector exam but has not
taken the exam may be granted a provisional license by the BCAIB. A provisional license allows a
person to engage in the duties of a building official, inspector, or plans examiner. Provisional licenses
are valid for two years, but may be renewed by the BCAIB for just cause. A provisional license is not
valid for more than three years. However, an applicant who is obtaining licensure as an inspector or
plans examiner through an internship may apply to the BCAIB for a provisional license that is valid for
the duration of the internship.24

The BCAIB may issue provisional licenses with special conditions or requirements including conditions
or requirements relating to the place of employment of the applicant, the supervision of the
applicant on a consulting or advisory basis, or any other conditions the BCAIB deem necessary to
protect the public safety and health.25

21 See House Analysis of 2020 House Bill 1021 (Jul. 5, 2017).
22 S. 468.609(2),F.S.
23 S. 468.609(10),F.S.
24 S. 468.609, F.S.; R. 61G19-6.012, F.A.C.
25 Id.
STORAGE NAME: h0423.RRS PAGE: 5
DATE: 11/24/2021
Certifications of Conformity with the Americans with Disabilities Act (ADA) and Remediation Plans

In 2017, section 553.5141, F.S., was created to allow places of public accommodation to register
remediation plans and certifications of conformity by certain experts in the ADA Standards for
Accessible Design for Title III of the ADA, and to establish a website with a registry of remediation plans
and certificates of conformity from businesses that have been inspected by an ADA expert, at DBPR.

The filing of the remediation plan or certification of conformity with DBPR puts the public on notice that
businesses that filed a remediation plan or certificate of conformity with DBPR are in compliance with
Title III of the ADA or are making reasonable efforts to come into compliance with Title III of the ADA.

“Private entity” is defined as any nongovernmental entity, such as a corporation, partnership, company
or nonprofit organization, any other legal entity, or any natural person.

Building Code Administrators and Inspectors and Plans Examiners – Effect of the Bill

The bill corrects a scrivenor’s error and renames the “one-family and two-family dwelling” training
program to the “residential” training program in order to conform with the Legislature renaming the “one
and two family dwelling inspector” to the “residential inspector” during the 2020 Legislative Session.

The bill provides that a person may also complete the 4-year internship as an inspector or plans
examiner while employed full-time with a private entity that conducts the same or similar services as
a local government, as long as the person is under the direct supervision of a licensed building official.

The bill also provides that the BCAIB must create a rule establishing that partial completion of an
internship program may be transferred between jurisdictions or private entities.

The bill provides that “private entity” has the same meaning as provided in s. 553.5141(1)(f), F.S.

The bill removes “the supervision of the licensee on a consulting or advisory basis” from the list of
examples of specifically identified “special conditions or requirements” to be used by the BCAIB when
issuing provisional licenses.

The BCAIB may still issue a provisional license with a special condition or requirement that the BCAIB
deems necessary to protect the public safety and health. However, the bill prohibits the BCAIB from
issuing a provisional license with a special condition or requirement with respect to the requirement of
employment by a municipality, county, or other local government agency.

Private Providers – Current Situation

In 2002, section 553.791, F.S., was created to allow property owners and contractors to hire licensed
building code officials, engineers, and architects, referred to as private providers, to review building
plans, perform building inspections, and prepare certificates of completion.

Private providers are able to approve building plans and perform building code inspections as long as
the plans approval and building inspections are within the scope of the provider’s license. Licensed
building inspectors and plans examiners may perform inspections for additions and alterations that are
limited to 1,000 square feet or less in residential buildings. 26

If an owner or contractor opts to use a private provider, the local government must calculate the cost
savings to its building department and reduce the building permit fees accordingly. 27

26 S. 553.791(1)(n) and (3), F.S.
27 S. 553.791(2)(b), F.S.
STORAGE NAME: h0423.RRS PAGE: 6
DATE: 11/24/2021
A local government may not charge a fee for building inspections when an owner or contractor uses a
private provider, but it may charge a “reasonable administrative fee.” 28 However, current law does
not specify what a “reasonable administrative” fee is.

A building official may audit a private provider to ensure the private provider has reviewed the building
plans and is performing the required inspections. A building official may deny a building permit or a
request for a certificate of completion if the building construction or plans do not comply with the
Building Code. A building official may also issue a stop work order at any time if he or she determines
any condition of the construction poses an immediate threat to public safety and welfare. 29

When a property owner or a contractor elects to use a private provider, he or she must notify the
building official, on a form adopted by the Florida Building Commission, at the time of the permit
application or no less than two business days before the first or next scheduled inspection.30

A private provider who approves building plans must sign a sworn affidavit that the plans comply with
the Building Code and the private provider is authorized to review the plans. 31 Upon receipt of a
building permit application from a private provider, a building official has 20 business days to grant or
deny the permit. Denying a permit automatically tolls the remaining 20 business days.32

Before a private provider performs building inspections, he or she must notify the building official of
each inspection the business day before the inspection. A local building official may vis it a building site
as often as necessary to ensure the private provider is performing the required inspections.
Construction work on a building may continue as long as the private provider passes each inspection
and the private provider gives proper notice of each inspection to the building official.33

A private provider must post records of every inspection, including the results of the inspections,
electronically or on the jobsite and provide the records to the local building official within two business
days of posting the records.34

Upon completion of all required inspections, a private provider must give the building official a record of
all the inspections, a request for a certificate of occupancy, and a sworn statement indicating
compliance with the Building Code. Upon receipt, the building official has two business days to issue
the certificate of completion or provide the permit applicant a notice of deficiencies.35

If the local building official does not provide a notice of the deficiencies within two business days, the
request for a certificate of occupancy is deemed granted, and the local building official must issue the
certificate of occupancy the next business day.36

Private Providers – Effect of the Bill

The bill provides that if an owner or contractor retains a private provider for plans review or inspection
services, the local government must provide equal access to all permitting and inspection documents
and reports to the private provider, the owner, and the contractor.

A “reasonable administrative fee” must be based on the cost that is actually incurred by the local
government, including the labor cost of the personnel providing the service, or the cost attributable to
the local government for the clerical and supervisory assistance required, or both.

28 Id.
29 S. 553.791(1), (14), and (19), F.S.
30 S. 553.791(4)-(5), F.S.
31 S. 553.791(6), F.S.
32 S. 553.791(7), F.S.
33 S. 553.791(9) and (18), F.S.
34 S. 553.791(11), F.S.
35 S. 553.791(11)-(13), F.S.
36 Id.
STORAGE NAME: h0423.RRS PAGE: 7
DATE: 11/24/2021
The bill provides that if a local building official does not provide a notice of deficiencies within two
business days, the request for a certificate of occupancy is “automatically” granted and considered
issued the next business day, instead of “deemed” granted and required to be issued by the local
building official on the next business day.

The bill also provides that if a local building official does not provide a notice of deficiencies within two
business days, the building permit is closed and the local building official must provide the permit
applicant with the written certificate of occupancy or certificate of completion within 10 days after it has
been automatically granted and considered issued.

B. SECTION DIRECTORY:
Section 1. Amends s. 468.603, F.S., relating to definitions.

Section 2. Amends s. 468.609, F.S., relating to standards for certification; additional categories of
certification.

Section 3. Amends s. 553.791, F.S., relating to alternative plans review and inspection.

Section 4. Providing 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:
The bill may increase the number of people who qualify for licensure as a building inspector or plans
examiner, which may lead to a decrease in the cost of construction because of a decrease in the time
needed for inspections and plans review.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
STORAGE NAME: h0423.RRS PAGE: 8
DATE: 11/24/2021
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

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

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0423.RRS PAGE: 9
DATE: 11/24/2021
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

HB 423 2022

1 A bill to be entitled
2 An act relating to building inspection services;
3 amending s. 468.603, F.S.; providing a definition;
4 amending s. 468.609, F.S.; revising eligibility
5 requirements for a person applying to become certified
6 as a building code inspector or plans examiner;
7 revising the special conditions or requirements that
8 the Florida Building Code Administrators and
9 Inspectors Board may impose on provisional
10 certificates; authorizing a person to perform certain
11 duties under certain conditions if the person is under
12 the direct supervision of a person licensed as a
13 building code administrator; authorizing that partial
14 completion of an internship program be transferred
15 between jurisdictions and private entities; amending
16 s. 553.791, F.S.; limiting the administrative fee that
17 a local jurisdiction can charge when an owner or
18 contractor hires a private provider for inspection
19 services; requiring the local jurisdiction to provide
20 access to certain documents to a private provider,
21 contractor, and owner; providing that a certificate of
22 occupancy or certificate of completion is
23 automatically granted and issued, and the permit
24 application closed, under certain circumstances;
25 requiring the local building official to provide a

Page 1 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 423 2022

26 written certificate of occupancy or certificate of
27 completion within a specified time; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (9) is added to section 468.603,
33 Florida Statutes, to read:
34 468.603 Definitions.—As used in this part:
35 (9) "Private entity" has the same meaning as in s.
36 553.5141(1)(f).
37 Section 2. Paragraph (c) of subsection (2), paragraphs (c)
38 and (d) of subsection (7), and paragraph (b) of subsection (10)
39 of section 468.609, Florida Statutes, are amended to read:
40 468.609 Administration of this part; standards for
41 certification; additional categories of certification.—
42 (2) A person may take the examination for certification as
43 a building code inspector or plans examiner pursuant to this
44 part if the person:
45 (c) Meets eligibility requirements according to one of the
46 following criteria:
47 1. Demonstrates 4 years' combined experience in the field
48 of construction or a related field, building code inspection, or
49 plans review corresponding to the certification category sought;
50 2. Demonstrates a combination of postsecondary education

Page 2 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 423 2022

51 in the field of construction or a related field and experience
52 which totals 3 years, with at least 1 year of such total being
53 experience in construction, building code inspection, or plans
54 review;
55 3. Demonstrates a combination of technical education in
56 the field of construction or a related field and experience
57 which totals 3 years, with at least 1 year of such total being
58 experience in construction, building code inspection, or plans
59 review;
60 4. Currently holds a standard certificate issued by the
61 board or a firesafety inspector license issued under pursuant to
62 chapter 633, with a minimum of 3 years' verifiable full -time
63 experience in firesafety inspection or firesafety plan review,
64 and has satisfactorily completed a building code inspector or
65 plans examiner training program that provides at least 100 hours
66 but not more than 200 hours of cross-training in the
67 certification category sought. The board shall establish by rule
68 criteria for the development and implementation of the training
69 programs. The board must shall accept all classroom training
70 offered by an approved provider if the content substantially
71 meets the intent of the classroom component of the training
72 program;
73 5. Demonstrates a combination of the completion of an
74 approved training program in the field of building code
75 inspection or plan review and a minimum of 2 years' experience

Page 3 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 423 2022

76 in the field of building code inspection, plan review, fire code
77 inspections and fire plans review of new buildings as a
78 firesafety inspector certified under s. 633.216, or
79 construction. The approved training portion of this requirement
80 must shall include proof of satisfactory completion of a
81 training program that provides at least 200 hours but not more
82 than 300 hours of cross-training that is approved by the board
83 in the chosen category of building code inspection or plan
84 review in the certification category sought with at least 20
85 hours but not more than 30 hours of instruction in state laws,
86 rules, and ethics relating to professional standards of
87 practice, duties, and responsibilities of a certificateholder.
88 The board shall coordinate with the Building Officials
89 Association of Florida, Inc., to establish by rule the
90 development and implementation of the training program. However,
91 the board must shall accept all classroom training offered by an
92 approved provider if the content substantially meets the intent
93 of the classroom component of the training program;
94 6. Currently holds a standard certificate issued by the
95 board or a firesafety inspector license issued under pursuant to
96 chapter 633 and:
97 a. Has at least 4 years' verifiable full-time experience
98 as an inspector or plans examiner in a standard certificat ion
99 category currently held or has a minimum of 4 years' verifiable
100 full-time experience as a firesafety inspector licensed under

Page 4 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 423 2022

101 pursuant to chapter 633.
102 b. Has satisfactorily completed a building code inspector
103 or plans examiner classroom training course or program that
104 provides at least 200 but not more than 300 hours in the
105 certification category sought, except for residential one-family
106 and two-family dwelling training programs, which must provide at
107 least 500 but not more than 800 hours of training as prescribed
108 by the board. The board shall establish by rule criteria for the
109 development and implementation of classroom training courses and
110 programs in each certification category; or
111 7.a. Has completed a 4-year internship certification
112 program as a building code inspector or plans examiner while
113 also employed full-time by a municipality, county, or other
114 governmental jurisdiction, under the direct supervision of a
115 certified building official, or by a private entity that
116 conducts the same or similar services as a municipality, county,
117 or other governmental jurisdiction, while under the direct
118 supervision of a person licensed as a building code
119 administrator under this part. Proof of graduation with a
120 related vocational degree or college degree or of verifiable
121 work experience may be exchanged for the internship experience
122 requirement year-for-year, but may reduce the requirement to no
123 less than 1 year.
124 b. Has passed an examination administered by the
125 International Code Council in the certification cat egory sought.

Page 5 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 423 2022

126 Such examination must be passed before beginning the internship
127 certification program.
128 c. Has passed the principles and practice examination
129 before completing the internship certification program.
130 d. Has passed a board-approved 40-hour code training
131 course in the certification category sought before completing
132 the internship certification program.
133 e. Has obtained a favorable recommendation from the
134 supervising building official after completion of the internship
135 certification program.
136 (7)
137 (c) The board shall provide for appropriate levels of
138 provisional certificates and may issue these certificates with
139 such special conditions or requirements relating to the place of
140 employment of the person holding the certificate, the
141 supervision of such person on a consulting or advisory basis, or
142 other matters as the board deems may deem necessary to protect
143 the public safety and health. The board may not place a special
144 condition or requirement on a provisional certificate with
145 respect to the requirement of employment by a municipality,
146 county, or other local government agency.
147 (d) A person may perform the duties of a plans examiner or
148 building code inspector for 120 days if a provisional
149 certificate application has been submitted if such person is
150 under the direct supervision of a person licensed as a certified

Page 6 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 423 2022

151 building code administrator under this part who holds a standard
152 certification and who has found such person qualified for a
153 provisional certificate. Direct supervision and the
154 determination of qualifications may also be provided by a
155 building code administrator who holds a limited or provisional
156 certificate in a county having a population of fewer than 75,000
157 and in a municipality located within such county.
158 (10)
159 (b) The board shall by rule establish:
160 1. Reciprocity of certification with any other state that
161 requires an examination administered by the International Code
162 Council.
163 2. That an applicant for certification as a building code
164 inspector or plans examiner may apply for a provisional
165 certificate valid for the duration of the internship period.
166 3. That partial completion of an internship program may be
167 transferred between jurisdictions or private entities on a form
168 prescribed by the board.
169 4. That an applicant may apply for a standard certificate
170 on a form prescribed by the board upon successful completion of
171 an internship certification program.
172 5. That an applicant may apply for a standard certificate
173 at least 30 days but and no more than 60 days before completing
174 the internship certification program.
175 6. That a building code inspector or plans examiner who

Page 7 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 423 2022

176 has standard certification may seek an additional certification
177 in another category by completing an additional nonconcurrent 1 -
178 year internship program in the certification category sought and
179 passing an examination administered by the International Code
180 Council and a board-approved 40-hour code training course.
181 Section 3. Paragraph (b) of subsection (2) and subsection
182 (13) of section 553.791, Florida Statutes, are amended, and
183 paragraph (c) is added to subsection (2) of that section, to
184 read:
185 553.791 Alternative plans review and inspection.—
186 (2)
187 (b) If an owner or contractor retains a private provider
188 for purposes of plans review or building inspection services,
189 the local jurisdiction must reduce the permit fee by the amount
190 of cost savings realized by the local enforcement agency for not
191 having to perform such services. Such reduction may be
192 calculated on a flat fee or percentage basis, or any other
193 reasonable means by which a local enforcement agency assesses
194 the cost for its plans review or inspection services. The local
195 jurisdiction may not charge fees for building inspections if the
196 fee owner or contractor hires a private provider to perform such
197 services; however, the local jurisdiction may charge a
198 reasonable administrative fee, which shall be based on the cost
199 that is actually incurred, including the labor cost of the
200 personnel providing the service, by the local jurisdiction or

Page 8 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 423 2022

201 attributable to the local jurisdiction for the clerical and
202 supervisory assistance required, or both.
203 (c) If an owner or contractor retains a private provider
204 for purposes of plans review or building inspection services,
205 the local jurisdiction must provide equal access to all
206 permitting and inspection documents and reports to the private
207 provider, owner, and contractor.
208 (13) No more than 2 business days after receipt of a
209 request for a certificate of occupancy or certificate of
210 completion and the applicant's presentation of a certificate of
211 compliance and approval of all other government approvals
212 required by law, the local building official shall issue the
213 certificate of occupancy or certificate of completion or provide
214 a notice to the applicant identifying the specific deficiencies,
215 as well as the specific code chapters and sections. If the local
216 building official does not provide notice of the deficiencies
217 within the prescribed 2-day period, the request for a
218 certificate of occupancy or certificate of completion is
219 automatically shall be deemed granted and considered the
220 certificate of occupancy or certificate of completion shall be
221 issued as of by the local building official on the next business
222 day, and the permit is closed. The local building official must
223 provide the applicant with the written certificate of occupancy
224 or certificate of completion within 10 days after it is
225 automatically granted and issued. To resolve any identified

Page 9 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 423 2022

226 deficiencies, the applicant may elect to dispute the
227 deficiencies pursuant to subsection (14) or to submit a
228 corrected request for a certificate of occupancy or certificate
229 of completion.
230 Section 4. This act shall take effect July 1, 2022.

Page 10 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0423-00
REGULATORY REFORM SUBCOMMITTEE

HB 423 by Rep. LaMarca
Building Inspection Services

AMENDMENT SUMMARY
December 2, 2021

Amendment 1 by Rep. LaMarca (strike):
• Provides that a person may complete the 4-year building inspector or plans examiner
internship with a “private provider” or a “private provider’s firm,” while under the direct
supervision of a licensed building official, engineer, or architect.
• All other provisions of the bill are unchanged.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
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: Regulatory Reform
2 Subcommittee
3 Representative LaMarca offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (9) is added to section 468.603,
8 Florida Statutes, to read:
9 468.603 Definitions.—As used in this part:
10 (9) "Private provider" has the same meaning as in s.
11 553.791(1)(n).
12 Section 2. Paragraph (c) of subsection (2), paragraphs (c)
13 and (d) of subsection (7), and paragraph (b) of subsection (10)
14 of section 468.609, Florida Statutes, are amended to read:
15 468.609 Administration of this part; standards for
16 certification; additional categories of certification.—
551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 1 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.

17 (2) A person may take the examination for certification as
18 a building code inspector or plans examiner pursuant to this
19 part if the person:
20 (c) Meets eligibility requirements according to one of the
21 following criteria:
22 1. Demonstrates 4 years' combined experience in the field
23 of construction or a related field, building code inspection, or
24 plans review corresponding to the certification category sought;
25 2. Demonstrates a combination of postsecondary education
26 in the field of construction or a related field and experience
27 which totals 3 years, with at least 1 year of such total being
28 experience in construction, building code inspection, or plans
29 review;
30 3. Demonstrates a combination of technical education in
31 the field of construction or a related field and experience
32 which totals 3 years, with at least 1 year of such total being
33 experience in construction, building code inspection, or plans
34 review;
35 4. Currently holds a standard certificate issued by the
36 board or a firesafety inspector license issued under pursuant to
37 chapter 633, with a minimum of 3 years' verifiable full -time
38 experience in firesafety inspection or firesafety plan review,
39 and has satisfactorily completed a building code inspector or
40 plans examiner training program that provides at least 100 hours
41 but not more than 200 hours of cross-training in the
551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 2 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.

42 certification category sought. The board shall establish by rule
43 criteria for the development and implementation of the training
44 programs. The board must shall accept all classroom training
45 offered by an approved provider if the content substantially
46 meets the intent of the classroom component of the training
47 program;
48 5. Demonstrates a combination of the completion of an
49 approved training program in the field of building code
50 inspection or plan review and a minimum of 2 years' experience
51 in the field of building code inspection, plan review, fire code
52 inspections and fire plans review of new buildings as a
53 firesafety inspector certified under s. 633.216, or
54 construction. The approved training portion of this requirement
55 must shall include proof of satisfactory completion of a
56 training program that provides at least 200 hours but not more
57 than 300 hours of cross-training that is approved by the board
58 in the chosen category of building code inspection or plan
59 review in the certification category sought with at least 20
60 hours but not more than 30 hours of instruction in state laws,
61 rules, and ethics relating to professional standards of
62 practice, duties, and responsibilities of a certificateholder.
63 The board shall coordinate with the Building Officials
64 Association of Florida, Inc., to establish by rule the
65 development and implementation of the training program. However,
66 the board must shall accept all classroom training offered by an
551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 3 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.

67 approved provider if the content substantially meets the intent
68 of the classroom component of the training program;
69 6. Currently holds a standard certificate issued by the
70 board or a firesafety inspector license issued under pursuant to
71 chapter 633 and:
72 a. Has at least 4 years' verifiable full-time experience
73 as an inspector or plans examiner in a standard certification
74 category currently held or has a minimum of 4 years' verifiable
75 full-time experience as a firesafety inspector licensed under
76 pursuant to chapter 633.
77 b. Has satisfactorily completed a building code inspector
78 or plans examiner classroom training course or program that
79 provides at least 200 but not more than 300 hours in the
80 certification category sought, except for residential one-family
81 and two-family dwelling training programs, which must provide at
82 least 500 but not more than 800 hours of training as prescribed
83 by the board. The board shall establish by rule criteria for the
84 development and implementation of classroom training courses and
85 programs in each certification category; or
86 7.a. Has completed a 4-year internship certification
87 program as a building code inspector or plans examiner while
88 employed full-time by a municipality, county, or other
89 governmental jurisdiction, under the direct supervision of a
90 certified building official. A person may also complete the
91 internship certification program while employed full-time by a
551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 4 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.

92 private provider or a private provider’s firm that performs the
93 services of a building code inspector or plans examiner , while
94 under the direct supervision of the private provider who must be
95 a certified building official or a person licensed as an
96 engineer under chapter 471 or an architect under chapter 481 .
97 Proof of graduation with a related vocational degree or college
98 degree or of verifiable work experience may be exchanged for the
99 internship experience requirement year-for-year, but may reduce
100 the requirement to no less than 1 year.
101 b. Has passed an examination administered by the
102 International Code Council in the certification category sought.
103 Such examination must be passed before beginning the internship
104 certification program.
105 c. Has passed the principles and practice examination
106 before completing the internship certification program.
107 d. Has passed a board-approved 40-hour code training
108 course in the certification category sought before completing
109 the internship certification program.
110 e. Has obtained a favorable recommendation from the
111 supervising building official, engineer, or architect after
112 completion of the internship certification program.
113 (7)
114 (c) The board shall provide for appropriate levels of
115 provisional certificates and may issue these certificates with
116 such special conditions or requirements relating to the place of
551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 5 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.

117 employment of the person holding the certificate, the
118 supervision of such person on a consulting or advisory basis, or
119 other matters as the board deems may deem necessary to protect
120 the public safety and health. The board may not place a special
121 condition or requirement on a provisional certificate with
122 respect to the requirement of employment by a municipality,
123 county, or other local government agency.
124 (d) A person may perform the duties of a plans examiner or
125 building code inspector for 120 days if a provisional
126 certificate application has been submitted if such person is
127 under the direct supervision of a person licensed as a certified
128 building code administrator under this part who holds a standard
129 certification and who has found such person qualified for a
130 provisional certificate. Direct supervision and the
131 determination of qualifications may also be provided by a
132 building code administrator who holds a limited or provisional
133 certificate in a county having a population of fewer than 75,000
134 and in a municipality located within such county.
135 (10)
136 (b) The board shall by rule establish:
137 1. Reciprocity of certification with any other state that
138 requires an examination administered by the International Code
139 Council.
140 2. That an applicant for certification as a building code
141 inspector or plans examiner may apply for a provisional
551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 6 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.

142 certificate valid for the duration of the internship period.
143 3. That partial completion of an internship program may be
144 transferred between jurisdictions or private providers, or a
145 private provider’s firm, on a form prescribed by the board.
146 4. That an applicant may apply for a standard certificate
147 on a form prescribed by the board upon successful completion of
148 an internship certification program.
149 5. That an applicant may apply for a standard certificate
150 at least 30 days but and no more than 60 days before completing
151 the internship certification program.
152 6. That a building code inspector or plans examiner who
153 has standard certification may seek an additional certification
154 in another category by completing an additional nonconcurrent 1 -
155 year internship program in the certification category sought and
156 passing an examination administered by the International Code
157 Council and a board-approved 40-hour code training course.
158 Section 3. Paragraph (b) of subsection (2) and subsection
159 (13) of section 553.791, Florida Statutes, are amended, and
160 paragraph (c) is added to subsection (2) of that section, to
161 read:
162 553.791 Alternative plans review and inspection.—
163 (2)
164 (b) If an owner or contractor retains a private provider
165 for purposes of plans review or building inspection services,
166 the local jurisdiction must reduce the permit fee by the amount
551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 7 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.

167 of cost savings realized by the local enforcement a gency for not
168 having to perform such services. Such reduction may be
169 calculated on a flat fee or percentage basis, or any other
170 reasonable means by which a local enforcement agency assesses
171 the cost for its plans review or inspection services. The local
172 jurisdiction may not charge fees for building inspections if the
173 fee owner or contractor hires a private provider to perform such
174 services; however, the local jurisdiction may charge a
175 reasonable administrative fee, which shall be based on the cost
176 that is actually incurred, including the labor cost of the
177 personnel providing the service, by the local jurisdiction or
178 attributable to the local jurisdiction for the clerical and
179 supervisory assistance required, or both.
180 (c) If an owner or contractor retains a private provider
181 for purposes of plans review or building inspection services,
182 the local jurisdiction must provide equal access to all
183 permitting and inspection documents and reports to the private
184 provider, owner, and contractor.
185 (13) No more than 2 business days after receipt of a
186 request for a certificate of occupancy or certificate of
187 completion and the applicant's presentation of a certificate of
188 compliance and approval of all other government approvals
189 required by law, the local building official shall issue the
190 certificate of occupancy or certificate of completion or provide
191 a notice to the applicant identifying the specific deficiencies,
551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 8 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.

192 as well as the specific code chapters and sections. If the local
193 building official does not provide notice of the deficiencies
194 within the prescribed 2-day period, the request for a
195 certificate of occupancy or certificate of completion is
196 automatically shall be deemed granted and considered the
197 certificate of occupancy or certificate of completion shall be
198 issued as of by the local building official on the next business
199 day, and the permit is closed. The local building official must
200 provide the applicant with the written certificate of occupancy
201 or certificate of completion within 10 days after it is
202 automatically granted and issued. To resolve any identified
203 deficiencies, the applicant may elect to dispute the
204 deficiencies pursuant to subsection (14) or to submit a
205 corrected request for a certificate of occupancy or certificate
206 of completion.
207 Section 4. This act shall take effect July 1, 2022.
208
209 -----------------------------------------------------
210 T I T L E A M E N D M E N T
211 Remove everything before the enacting clause and insert:
212 An act relating to building inspection services;
213 amending s. 468.603, F.S.; providing a definition;
214 amending s. 468.609, F.S.; revising eligibility
215 requirements for a person applying to become certified
216 as a building code inspector or plans examiner;
551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 9 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.

217 revising the special conditions or requirements that
218 the Florida Building Code Administrators and
219 Inspectors Board may impose on provisional
220 certificates; authorizing a person to perform certain
221 duties under certain conditions if the person is under
222 the direct supervision of a person licensed as a
223 building code administrator, engineer, or architect;
224 authorizing that partial completion of an internship
225 program be transferred between jurisdictions or
226 private providers, or a private provider’s firm;
227 amending s. 553.791, F.S.; limiting the administrative
228 fee that a local jurisdiction can charge when an owner
229 or contractor hires a private provider for inspection
230 services; requiring the local jurisdiction to provide
231 access to certain documents to a private provider,
232 contractor, and owner; providing that a certificate of
233 occupancy or certificate of completion is
234 automatically granted and issued, and the permit
235 application closed, under certain circumstances;
236 requiring the local building official to provide a
237 written certificate of occupancy or certificate of
238 completion within a specified time; providing an
239 effective date.

551429 - h0423-strike.docx
Published On: 11/30/2021 3:33:53 PM
Page 10 of 10
HB 6031
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 6031 Individual Wine Containers
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 384

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Thompson Anstead

2) Commerce Committee

SUMMARY ANALYSIS
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco in the Department
of Business and Professional Regulation administers and enforces the Beverage Law.

Current law addressing limitations on the size of individual wine containers provides the following:
 The sale of wine in an individual container that holds more than one gallon of wine is prohibited.
 Wine may be sold in a reusable container of 5.16 gallons.
 Distributors and manufacturers are allowed to sell wine to other distributors and manufacturers in
containers of any size.
 Except for restaurants in certain situations, wine sold or offered for sale by a licensed vendor to be
consumed off the premises must be in the unopened original container.
 Violations are a second-degree misdemeanor.

The bill repeals the law relating to limitations on the size of individual wine containers.

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

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

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h6031.RRS
DATE: 11/24/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Beverage Law

In Florida, the Beverage Law 1 regulates the manufacture, distribution, and sale of wine, beer, and liquor
by manufacturers, distributors, and vendors.2 The Division of Alcoholic Beverages and Tobacco
(Division) in the Department of Business and Professional Regulation (DBPR) administers and
enforces the Beverage Law.3

“Alcoholic beverages” are defined as “distilled spirits and all beverages containing one-half of 1 percent
or more alcohol by volume.” “Malt beverages” are brewed alcoholic beverages containing malt. 4

The license and registration classifications used in the Beverage Law include the following:
 “Manufacturers” are those “licensed to manufacture alcoholic beverages and distribute the same
at wholesale to licensed distributors and to no one else within the state, unless authorized by
statute.”
 “Distributors” are those “licensed to sell and distribute alcoholic beverages at wholesale to
persons who are licensed to sell alcoholic beverages.”
 “Importers” are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic
beverages to licensed manufacturers or licensed distributors, and to no one else in this state. 5
 “Vendors” are those “licensed to sell alcoholic beverages at retail only” and may not “purchase
or acquire in any manner for the purpose of resale any alcoholic beverages from any person not
licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law.” 6

Wine Container Limitations

“Wine” is defined as all beverages made from fresh fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added, in the manner required by the laws and
regulations of the United States, and includes all sparkling wines, champagnes, combination of the
aforesaid beverages, sake, vermouths, and like products. Sugar, flavors, and coloring materials may be
added to wine to make it conform to the consumer’s taste, except that the ultimate flavor or the color of
the product may not be altered to imitate a beverage other than wine or to change the character of the
wine.7

Current law governing limitations of the size of wine containers: 8
 Prohibits the sale of wine in an individual container that holds more than one gallon. However,
allows wine to be sold in a reusable container of 5.16 gallons.
 Authorizes qualified distributors and manufacturers to sell wine to other qualified distributors
and manufacturers in any size container.9
 Except for restaurants in certain situations,10 requires wine sold or offered for sale by a licensed
vendor to be consumed off-premises to be in the unopened original container.

1 Section 561.01(6), F.S., provides that the “The Beverage Law” includes chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2 See s. 561.14, F.S.
3 S. 561.02, F.S.
4 S. 563.01, F.S.
5 S. 561.01(5), F.S.
6 S. 561.14, F.S.
7 S. 564.01(1), F.S.
8 S. 564.05, F.S.
9 Id.
STORAGE NAME: h6031.RRS PAGE: 2
DATE: 11/24/2021
 Provides that violations are a second-degree misdemeanor, punishable by a maximum $500
fine11 and 60 days in prison.12

Effect of the Bill

The bill repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.

B. SECTION DIRECTORY:
Section 1 Repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.

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:
The bill will allow the sale of wine in an individual container of any size. This may have a positive fiscal
impact on businesses that sell wine.

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.

10 S. 564.09, F.S. The exception allows restaurant patrons to leave the premises with “one unsealed bottle of wine for consumption off
the premises,” provided certain conditions are met. The wine bottle must be partially consumed with a full course meal, securely
resealed by the licensee or one of its employees, secured in a bag or container, wrapped in a way that shows it was previously opened,
attached to a dated receipt indicating the full course meal, and transported in a locked ve hicle glove compartment, locked trunk, or
behind the last upright seat of a motor vehicle that is not equipped with a trunk.
11 S. 775.083(1)(e), F.S.
12 S. 775.082(4)(b), F.S.
STORAGE NAME: h6031.RRS PAGE: 3
DATE: 11/24/2021
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

STORAGE NAME: h6031.RRS PAGE: 4
DATE: 11/24/2021
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

HB 6031 2022

1 A bill to be entitled
2 An act relating to individual wine containers;
3 repealing s. 564.05, F.S., relating to the limitation
4 of size of individual wine containers; providing an
5 effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Section 564.05, Florida Statutes, is repealed.
10 Section 2. This act shall take effect July 1, 2022.

Page 1 of 1

CODING: Words stricken are deletions; words underlined are additions.
hb6031-00

File and source

File: 2021-12-02_3101_regulatory-reform-subcommittee_meeting-packets_fn-rrs-12-2-21.pdf
Size: 1,963,122 bytes
SHA-256: 8d8835533d889b19130b6c7283217a3ff03d520d045959ec943b104f8f19b531
Our copy: 2021-12-02_3101_regulatory-reform-subcommittee_meeting-packets_fn-rrs-12-2-21.pdf
Original: No public link identified.