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Home Source documents Meeting Packet - Regulatory Reform Subcommittee, January 12, 2022 (HB 263, 559, 635, 669, 723)

Meeting Packet - Regulatory Reform Subcommittee, January 12, 2022 (HB 263, 559, 635, 669, 723)

Summary

A meeting packet of the Regulatory Reform Subcommittee, Commerce Committee, Florida House of Representatives, for Wednesday, January 12, 2022, 2:00 PM, at Webster Hall. The agenda lists HB 263 Notice of Commencement Requirements by Bell, HB 559 Occupational Licensure of Military Spouses, HB 635 Building Plan Changes by Maggard, HB 669 Alarm Systems by Maggard and HB 723 Medical Treatment of Animals by Buchanan. The staff analysis of HB 263 says the bill increases the HVAC exception limit from $7,500 to $15,000 and provides an effective date of July 1, 2022. The packet also contains a summary of an amendment by Buchanan to HB 723 that removes lines 106-111.

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, January 12, 2022 (HB 263, 559, 635, 669, 723).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-01-12-3101-regulatory-reform-subcommittee-meeting-packets-fn-rrs-95919b6f1c/, SHA-256 930554045983c3f0e10cd4b6ef3969fdd6c084d04c76947d4854ad352b322e68.

Full text

                Regulatory Reform
                  Subcommittee
                Wednesday, January 12, 2022
                    2:00 PM - 4:00 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
                                 Wednesday, January 12, 2022
                                    2:00 PM – 4:00 PM
                                  Webster Hall (212 Knott)

   I.      Call to Order
   II.     Roll Call
   III.    Welcome and Opening Remarks
   IV.     Consideration of the following bill(s):

           HB 263 Notice of Commencement Requirements by Bell

           HB 559 Occupational Licensure of Military Spouses by Hunschofsky, Smith, D.

           HB 635 Building Plan Changes by Maggard

           HB 669 Alarm Systems by Maggard

           HB 723 Medical Treatment of Animals by Buchanan

   V.      Closing Remarks
   VI.     Adjournment




                303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                Phone Numbers
HB 263
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 263 Notice of Commencement Requirements
SPONSOR(S): Bell
TIED BILLS:       IDEN./SIM. BILLS: SB 352

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Civil Justice & Property Rights Subcommittee             17 Y, 0 N               Mawn               Jones

    2) Regulatory Reform Subcommittee                                                   Brackett           Anstead

    3) Judiciary Committee


                                              SUMMARY ANALYSIS
The notice of commencement, which must be substantially similar to a statutorily-authorized form and contain
specified information, signifies that a construction project is beginning. It also determines construction lien
priority, provides details necessary for those not in direct contract (“privity”) with the property owner to secure
their lien rights by serving a notice to owner, and helps protect property owners who make proper payments
from having to pay twice for the same work or materials.

Current law exempts from the notice of commencement requirement a direct contract valued at $2,500 or less
and a direct contract for the repair or replacement of an existing heating or air-conditioning system (“HVAC
system”) in an amount less than $7,500. The HVAC system exception was first adopted in 1999 and applied to
contracts valued at less than $5,000. In 2006, the HVAC exception’s limit was increased to $7,500, but it has
not been modified since.

HB 263 increases the HVAC exception limit from $7,500 to $15,000, meaning that a notice of commencement
would not be required for a direct contract for HVAC system repair or replacement for less than $15,000. The
exception would not apply where an HVAC contractor is acting as a subcontractor on a larger project that
includes HVAC system repair or replacement or where the project involves the installation of a new HVAC
system.

The bill does not appear to have a fiscal impact on state government but may have an indeterminate fiscal
impact on 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: h0263b.RRS
DATE: 1/10/2022
                                                            FULL ANALYSIS

                                                    I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Florida law ensures that people working on construction projects are paid for their work. Any person
         who provides services, labor, or materials for improving, repairing, or maintaining real property (except
         public property) may place a construction lien1 on the property, provided the person complies with
         statutory procedures.2 These procedures require sending various written notices, demands, and other
         instruments to the homeowner, contractor, subcontractor, lender, and building officials, including a:3
              Notice of Commencement;
              Notice to Owner;
              Claim of Lien;
              Notice of Termination;
              Waiver or Release of Lien;
              Notice of Contest of Lien;
              Contractor’s Final Payment Affidavit; and
              Demands of Written Statement of Account.

         Notice of Commencement

         Before a construction project begins, a property owner or his or her authorized agent typically must file
         a signed notice of commencement with the clerk of court for the county where the property is located.4
         The notice of commencement must also be posted on the property and, where a building permit is
         required,5 filed with the issuing authority before the first inspection. If a building permit applicant does
         not properly file the notice of commencement, the issuing authority cannot perform or approve any
         inspections until the notice is filed.6

         The notice of commencement signifies that a construction project is beginning. It also determines
         construction lien priority, provides details necessary for those not in direct contract (“privity”) with the
         property owner to secure their lien rights by serving a notice to owner,7 and helps protect property
         owners who make proper payments 8 from having to pay twice for the same work or materials.9 To
         accomplish this, the notice of commencement must be substantially similar to the statutorily-provided
         form and contain specified information, including:10


1 A lien is a claim against property that evidences a debt, obligation, or duty. Fla. Jur. 2d Liens § 37:1.
2 Ch. 713, F.S.
3 See generally ch. 713, part I, F.S.
4 S. 713.13(1)(a) and (g), F.S.
5 The Florida Building Code requires building permits for most construction -related work, but does not require permits for certain

projects, typically of a cosmetic nature, such as painting or carpeting. Ss. 105.1 and 105.2, Fla. Building Code (7th ed. 2020), available
at https://codes.iccsafe.org/content/FLBC2020P1 (last visited Nov. 22, 2021).
6 Ss. 713.13(1)(a) and (g) and 713.135(1)(d), F.S.
7 A notice to owner informs a property owner that someone with whom he or she is not in privity has or will provide services or materials

for the owner’s construction project and expects to be paid for such services or materials; and that absent such payment, he or she may
claim a construction lien on the property. Persons not in privity with the property owner must serve the property owner with a notice to
owner after the filing of a notice of commencement to secure their lien rights. S. 713.06(2), F.S.; Stocking Bldg. Supply of Florida, Inc. v.
Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla 3d DCA 2011).
8 A payment is “proper” if the owner, after filing a notice of commencement, pays the contractor and collects lien releases fro m all

subcontractors, laborers, or material suppliers who served the owner with a notice to owner. However, a payment is “improper” if a lien
release is not collected from such persons or if payment is made after the notice of commencement expires . Where a property owner
makes “proper” payments, the property owner is protected against all lien claims related to the labor, services, o r materials for which
proper payment was made. Ss. 713.06(3), 713.13(1)(c), and 713.20, F.S.
9 Construction liens attach and relate back to the notice of commencement recording date, taking priority over liens not record ed before

that date. S. 713.07(2) and (3), F.S.; Stocking Bldg., 76 So. 3d at 319; The Florida Senate Committee on Regulated Industries, Review
of the Florida Construction Lien Law, November 2007,
http://archive.flsenate.gov/data/Publications/2008/Senate/reports/interim_reports/pdf/2008-149ri.pdf (last visited Nov. 22, 2021).
10 S. 713.13(1)(d), F.S.

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                  A description of the real property to be improved;
                  A general description of the improvement;
                  The name and address of the property owner;
                  The name and address of the fee simple title holder if not the owner;
                  The name and address of the contractor, any person lending money for the improvements, and
                   any person the property owner designated for the service of notices or claims of lien;
                  A statement of the owner’s or fee simple title holder’s interest in the property;
                  The name and address of the surety on the payment bond, if any, and the bond amount;11 and
                  The notice’s expiration date.

         Generally, a notice of commencement expires one year after it is filed with the clerk of the court.
         However, if the construction contract expresses a time period for project completion that is greater than
         one year, the notice of commencement must state that it is effective for a period of one year plus any
         additional time required under the contract.12

         Current law exempts from the notice of commencement requirement a direct contract valued at $2,500
         or less and a direct contract for the repair or replacement of an existing heating or air-conditioning
         system (“HVAC system”) in an amount less than $7,500. 13 The HVAC system exception was first
         adopted in 1999 for contracts valued under $5,000.14 In 2006, the HVAC exception’s limit was
         increased to $7,500, but it has not been modified since. 15

         According to the sponsor, the purpose of increasing the amount is to keep up with inflation. 16 According
         to the U.S. Bureau of Labor Statistics’ Consumer Price Index Inflation Calculator, $7,500 in July of 2006
         has the same buying power as $10,243.78 as of November 2021 (which is the latest date for the
         calculator).17

         Effect of Proposed Changes

         The bill increases the HVAC exception limit from $7,500 to $15,000, meaning that a notice of
         commencement would not be required for a direct contract for HVAC system repair or replacement for
         less than $15,000. The exception would not apply where an HVAC contractor is acting as a
         subcontractor on a larger project that includes HVAC system repair or replacement or where the project
         involves the installation of a new HVAC system.

    B. SECTION DIRECTORY:
         Section 1: Amends s. 713.135, F.S., relating to notice of commencement and applicability of lien.
         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.



11 A surety bond is a promise to be liable for another’s debt, default, or failu re. It is a three-party contract by which one party (the surety)

guarantees the performance or obligations of a second party (the principal) to a third party (the obligee). National Associat ion of
Security Bond Providers, What are Surety Bonds, https://www.nasbp.org/getabond/about-
surety#:~:text=A%20surety%20bond%20is%20a,third%20party%20(the%20obligee) (last visited Nov. 22, 2021).
12 S. 713.13(1)(a), (c), and (d), F.S.
13 Ss. 713.02(5) and 713.135, F.S.
14 Ch. 99-386, s. 5, Laws of Fla.
15 Ch. 2006-187, s. 1, Laws of Fla.
16 Testimony from Representative Melony Bell, 12/1/21 House Civil Justice & Property Rights Sub committee,

https://thefloridachannel.org/videos/12-1-21-house-civil-justice-property-rights-subcommittee/ (last visited Jan. 6, 2022).
17 U.S. Bureau of Labor Statistics, CPI Inflation Calculator, https://www.bls.gov/data/inflation_calculator.htm (last visited Jan. 6, 2022).

STORAGE NAME: h0263b.RRS                                                                                                                PAGE: 3
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       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill may reduce the number of HVAC system repair or replacement projects for which a notice
           of commencement must be filed with the clerk’s office, thereby reducing filing fees collected by
           clerks of the court by an indeterminate amount.

       2. Expenditures:
           The bill may reduce the number of HVAC system repair or replacement projects for which a notice
           of commencement must be filed with the clerk’s office, thereby reducing the workload and,
           consequently, expenditures, for clerks of the court by an indeterminate amount.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may reduce costs for persons contracting for HVAC system repair or replacement who have a
       direct contract for such work for less than $15,000 by saving the cost of notarizing and filing a notice of
       commencement for the project.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




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DATE: 1/10/2022
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 263                                                                                                2022




    1                                          A bill to be entitled
    2               An act relating to notice of commencement
    3               requirements; amending s. 713.135, F.S.; exempting
    4               specified direct contracts from certain notice of
    5               commencement requirements; making technical changes;
    6               providing an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                  Section 1.         Paragraph (d) of subsection (1) of section
11         713.135, Florida Statutes, is amended to read:
12                  713.135        Notice of commencement and applicability of lien.—
13                  (1)         When any person applies for a building permit, the
14         authority issuing such permit shall:
15                  (d)         Furnish to the applicant two or more copies of a form
16         of notice of commencement conforming with s. 713.13. If the
17         direct contract is greater than $2,500, the applicant must shall
18         file with the issuing authority before prior to the first
19         inspection either a certified copy of the recorded notice of
20         commencement or a notarized statement that the notice of
21         commencement has been filed for recording, along with a copy
22         thereof. In the absence of the filing of a certified copy of the
23         recorded notice of commencement, the issuing authority or a
24         private provider performing inspection services may not perform
25         or approve subsequent inspections until the applicant files by

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0263-00
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 263                                                                                                2022




26      mail, facsimile, hand delivery, or any other means such
27      certified copy with the issuing authority. The certified copy of
28      the notice of commencement must contain the name and address of
29      the owner, the name and address of the contractor, and the
30      location or address of the property being improved. The issuing
31      authority shall verify that the name and address of the owner,
32      the name and address of the contractor, and the location or
33      address of the property being improved which is contained in the
34      certified copy of the notice of commencement is consistent with
35      the information in the building permit application. The issuing
36      authority shall provide the recording information on the
37      certified copy of the recorded notice of commencement to any
38      person upon request. This subsection does not require the
39      recording of a notice of commencement before prior to the
40      issuance of a building permit. If a local government requires a
41      separate permit or inspection for installation of temporary
42      electrical service or other temporary utility service, land
43      clearing, or other preliminary site work, such permits may be
44      issued and such inspections may be conducted without providing
45      the issuing authority with a certified copy of a recorded notice
46      of commencement or a notarized statement regarding a recorded
47      notice of commencement. This subsection does not apply to a
48      direct contract to repair or replace an existing heating or air -
49      conditioning system in an amount less than $15,000 $7,500.
50               Section 2.        This act shall take effect July 1, 2022.

                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0263-00
                     REGULATORY REFORM SUBCOMMITTEE

                                 HB 263 by Rep. Bell
                      Notice of Commencement Requirements

                               AMENDMENT SUMMARY
                                  January 12, 2021


Amendment 1 by Rep. Bell (line 49):
      •   Adjusts the dollar amount for the HVAC notice of commencement exception limit
          from $15,000 to $12,500 to more closely reflect the rate of inflation.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 263   (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 Bell offered the following:
4
5          Amendment
6          Remove line 49 and insert:
7     conditioning system in an amount less than $12,500 $7,500.




    232933 - h0263-line 49.docx
     Published On: 1/11/2022 5:30:53 PM
                                  Page 1 of 1
HB 559
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 559 Occupational Licensure of Military Spouses
SPONSOR(S): Hunschofsky and others
TIED BILLS:       IDEN./SIM. BILLS: SB 562

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Regulatory Reform Subcommittee                                                   Thompson           Anstead

  2) Professions & Public Health Subcommittee

  3) Appropriations Committee

  4) Commerce Committee

                                                     SUMMARY ANALYSIS
To help military families ease their transition into Florida, many licensing agencies in Florida have a special
licensing process for spouses and surviving spouses of United States military members.

The Department of Business and Professional Regulation (DBPR) provides certain licensure applicants who
are a spouse or surviving spouse of an active duty member of the U.S. Armed Forces with licensing fee
waivers and other licensing benefits.

The Department of Health (DOH) offers expedited licensure to applicants who are a spouse or surviving
spouse of a person serving on active duty with the U.S. Armed Forces. DOH provides these services through
the Florida Veterans Application for Licensure Online Response (VALOR) system. Such spouses are
authorized to receive a temporary license to practice certain health care professions in Florida. In addition, the
application fee, licensure fee, and unlicensed activity fee are waived for such applicants.

The bill requires DBPR and DOH or the applicable board or program to:
    Expedite applications submitted by a spouse of an active duty member of the U.S. Armed Forces; and
    Issue a temporary professional license valid for the duration of the application review process.

The bill revises the DOH temporary professional licensure requirements for military spouses who hold a license
to practice in another state as follows:
     Requires the immediate issuance of a full professional license, instead of a temporary license, to such
        applicants that submit certain information with their application.
     Requires DOH to waive the $65 application fee for such licenses.
     Removes the 12-month timeframe for such licenses.
     Specifies that such applicants are still required to follow license renewal requirements.

The bill appears to have an insignificant fiscal impact on state government and no fiscal impact on 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: h0559.RRS
DATE: 1/10/2022
                                                       FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
          Background

          Department of Business and Professional Regulation

          Professional Licensure

          The Department of Business and Professional Regulation (DBPR), through several divisions, regulates
          and licenses various businesses and professions in Florida.1

          DBPR has authority over the following professional boards and programs:
            • Board of Architecture and Interior Design;
            • Board of Auctioneers;
            • Barbers’ Board;
            • Building Code Administrators and Inspectors Board;
            • Construction Industry Licensing Board;
            • Board of Cosmetology;
            • Electrical Contractors’ Licensing Board;
            • Board of Employee Leasing Companies;
            • Board of Landscape Architecture;
            • Board of Pilot Commissioners;
            • Board of Professional Geologists;
            • Board of Veterinary Medicine;
            • Home inspection services licensing program;
            • Mold-related services licensing program;
            • Florida Board of Professional Engineers;
            • Board of Accountancy;
            • Florida Real Estate Commission; and
            • Florida Real Estate Appraisal Board.2

          Each profession is regulated by an individual practice act and by ch. 455, F.S., which provides general
          regulatory and licensure authority. Generally, to act as a regulated professional, a person must hold an
          appropriate license. Applicants for licensure for each profession must meet specific statutory
          requirements, including education and/or experience requirements, and must pay all applicable
          licensing and application fees.3 Licensees who wish to renew their license must pay a license renewal
          fee4 and may be subject to continuing education requirements 5 and other conditions in the various
          practice acts.

          Military Spouse Licensure

          Under certain circumstances, DBPR is required to issue professional licenses to applicants who are a
          spouse or surviving spouse of active duty members of the U.S. Armed Forces. 6 To be eligible for such
          licensure, the spouse must provide the following to the department:7


1 S. 20.165,    F.S.
2 S. 20.165(1)-(4), F.S.
3 S. 455.201,  F.S.
4 S. 455.203, F.S.
5 S. 455.2123, F.S.
6 According the Florida Department of Military Affairs most recent data, there are 149,076 active duty members of the U.S. Arme d

Forces and 32,151 spouses of such members residing in the state of Florida. Email from Mark Oglesby, Director of Legislative
Affairs, Department of Military Affairs, Re: [URL Verdict: Neutral][Non-DoD Source] RE: Active Duty military, (Jan. 6, 2022).
7 S. 455.02(3)(a), F.S.
STORAGE NAME: h0559.RRS                                                                                                     PAGE: 2
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                  Proof that the applicant is or was married to a member of the U.S. Armed Forces serving on
                   active duty.
                  Proof that the applicant holds a valid license for the profession issued by another state, the
                   District of Columbia, any possession or territory of the United States, or any foreign jurisdiction.
                  Proof that the applicant, where required by the specific practice act, has complied with
                   insurance or bonding requirements.
                  A complete set of the applicant’s fingerprints to the Department of Law Enforcement (FDLE) for
                   a statewide criminal history check.8

         An active duty U.S. Armed Forces member’s spouse or surviving spouse who holds a DBPR license
         will have their license kept in good standing if the licensee is absent from the state related to the
         member’s active duty service.9

         The initial license application fee is waived if the applicant is:
            • the spouse of a member of the U.S. Armed Forces who was married to the member during a
                 period of active duty; or
            • the surviving spouse of a member of the U.S. Armed Forces who at the time of death was
                 serving on active duty.10

         The license renewal fee is waived if the applicant is:
             the spouse of an active duty U.S. Armed Forces member who is present in this state because of
                 such member’s active duty; or
             a surviving spouse of a member of the U.S. Armed Forces, if such member was serving on
                 active duty at the time of death and died within the 2 years preceding the surviving spouse's
                 renewal due date.

         However, such applicants who receive a license are authorized to renew such license upon completion
         of the conditions for renewal required of licenseholders under the applicable practice act, including,
         without limitation, continuing education requirements. This does not limit the waiver of initial licensure
         requirements.11

         Department of Health

         Licensure of Health Care Practitioners

         The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general
         regulatory authority over health care practitioners in Florida. 12 The MQA works in conjunction with 22
         boards and four councils to license and regulate ten types of health care facilities and more than 200
         licenses in over 40 health care professions.13 Each profession is regulated by an individual practice act
         and by ch. 456, F.S., which provides general regulatory and licensure authority for the MQA.



8 S. 455.02(3)(a)4.b., F.S., requires FDLE to forward the fingerprints to the Federal Bureau of Investigation for a national criminal
history check. The department must, and the board may, review the results of the criminal history checks according to the lev el 2
screening standards in s. 435.04, F.S., and determine whether the applicant meets the licensure requirements. The costs of fingerprint
processing are borne by the applicant. If the applicant’s fingerprints are submitted through an authorized agency or vendor, the agency
or vendor shall collect the required processing fees and remit the fees to the Department of Law Enforcement.
9 S. 455.02(2), F.S.
10 S. 455.219(7)(a), F.S.; and Form # DBPR MVL 002, incorporated by Rule 61-35.029, F.A.C.
11 S. 455.02(3)(c), F.S.
12 Pursuant to s. 456.001(4), F.S., health care practitioners are defined to include acupuncturist s, physicians, physician assistants,

chiropractors, podiatrists, naturopaths, dentists, dental hygienists, optometrists, nurses, nursing assistants, pharmacists, midwives,
speech language pathologists, nursing home administrators, occupational therapists, respiratory therapists, dieticians, athletic trainers,
orthotists, prosthetists, electrologists, massage therapists, clinical laboratory personnel, medical physicists, dispensers o f optical
devices or hearing aids, physical therapists, psychologists, social workers, counselors, and psychotherapists, among others.
13 Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2020-

2021, http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/_documents/annual-report-1617.pdf (last visited
Jan. 3, 2022).
STORAGE NAME: h0559.RRS                                                                                                           PAGE: 3
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          Military Spouse Licensure

          Florida offers expedited licensing and fee waivers to the spouse of a person serving on active duty14
          with the U.S. Armed Forces 15 who holds an active license to practice a health care profession in
          another state or jurisdiction.16 To qualify for the expedited licensure and fee waivers, the spouse
          must:17
               Submit a complete application;
               Submit evidence of training or experience substantially equivalent to the requirements for
                  licensure in this state for that health care profession and evidence that he or she has obtained a
                  passing score on the appropriate examination of a national or regional standards organization if
                  required for licensure in this state;
               Attest that he or she is not, at the time of submission of the application, the subject of a
                  disciplinary proceeding in a jurisdiction in which he or she holds a license or by the U.S.
                  Department of Defense for reasons related to the practice of the profession for which he or she
                  is applying;
               Have actively practiced the profession for which he or she is applying for the 3 years preceding
                  the date of submitting the application; and
               Submit a set of fingerprints for a background screening, if required for the profession for which
                  he or she is applying, and does not have any disqualifying offenses.

          DOH is required to develop an application form,18 and each board, or the department if there is no
          board, is required to waive the application fee, licensure fee, and unlicensed activity fee for such
          applicants.19

          Military Spouse Temporary Licensure

          Each board, or the department if there is no board, is also authorized to issue temporary licenses to the
          spouse of a member of the U.S. Armed Forces to practice his or her health care profession in Florida. 20
          A temporary license is valid for one year and is not renewable. 21 To be eligible for a temporary license,
          a military spouse must:22
               Submit a completed application and application fee of $65;23
               Provide proof that he or she is married to a member of the U.S. Armed Forces serving on active
                  duty in this state pursuant to official military orders;
               Provide proof of a valid license from another state or jurisdiction to practice the health
                  profession for which he or she is applying and that such license is not subject to any disciplinary
                  proceeding;
               Provide proof that he or she would otherwise be entitled to full licensure and is eligible to take
                  the respective licensure examination as required in this state; and
               Pass a criminal background screening.

         DOH offers the Florida Veterans Application for Licensure Online Response System (VALOR), which
         provides expedited licensing for honorably discharged veterans and their spouses seeking licensure in




14 Full-time   duty in the active military service of the United States. 10 U.S.C. § 101(d)(1).
15 Includes the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. 10 U.S.C.        § 101(a)(4).
16 S. 456.024(3), F.S. The application fee, licensure fee, and unlicensed activity fee is waived for such applicants.
17 S. 456.024(3)(b), F.S.
18 R. 64B-9.003, F.A.C.
19 S. 456.024(3)(a), F.S.
20 S. 456.024(4), F.S.
21 S. 456.024(4)(f), F.S.
22 S. 456.024(4)(a)-(d), F.S.
23 R. 64B-4.007, F.A.C.
STORAGE NAME: h0559.RRS                                                                                                 PAGE: 4
DATE: 1/10/2022
        all health care professions.24 Veterans and spouses who apply through the VALOR process receive a
        waiver of most licensing fees.25

        Since its inception in 2016, there have been approximately 1,669 health care licensure applications
        submitted by and approved for active duty service members, military veterans, and their spouses
        through the VALOR expedited licensing process. There were 352 applications approved for health care
        licensure of military spouses and honorably discharged veterans from July 1, 2020 through June 30,
        2021, approximately 1.38% of all licenses issued by the Department during the last fiscal year.26

         Effect of Proposed Changes

         Department of Business and Professional Regulation

         The bill requires DBPR or the applicable board or program to provide the following:
             Expedite all applications submitted by a spouse of an active duty member of the U.S. Armed
                 Forces; and
             Issue a temporary professional license that is valid for the duration of the application review
                 process to such spouse once the department, board, or program verifies that the information
                 provided by the spouse is accurate.

         Department of Health

         The bill revises the DOH temporary license requirements for spouses of active duty members of the
         U.S. Armed Forces as follows:
             Requires the issuance of a full professional license, instead of allowing the issuance of a
                 temporary license, to such applicants who fulfill the proper submission requirements.
             Requires DOH to waive the $65 application fee for such licensure.
             Removes the 12-month timeframe for such licensure.
             Requires such applicants to complete conditions for renewal required of all other licenseholders,
                 including, without limitation, continuing education requirements.
             Requires the board, or the department if there is no board, to:
                     o Expedite all applications submitted by a spouse of an active duty member of the U.S.
                         Armed Forces; and
                     o Issue a temporary professional license that is valid for the duration of the application
                         review process to such spouse once the board or department verifies that the
                         information provided by the spouse is accurate.

    B. SECTION DIRECTORY:

        Section 1:        amends s. 455.02, F.S., requiring DBPR or the applicable board or program to expedite
                          professional license applications submitted by spouses of active duty members of the
                          U.S. Armed Forces; requiring DBPR to issue temporary professional licenses under
                          certain circumstances.

        Section 2:        amends s. 456.024, F.S., requiring DOH or the applicable board to issue a professional
                          license to spouses of active duty members of the U.S. Armed Forces if certain
                          requirements are met; requiring DOH to waive the application fee for such license
                          applications; authorizing applicants issued such licenses to renew their licenses if certain
                          requirements are met; providing construction; requiring DOH or the applicable board to
                          expedite applications for such licenses; requiring DOH or the applicable board to issue a


24 DOH operates the Veterans Application for Licensure Online Response System (VALOR)       to provide expedited licensing for active
duty military members, honorably discharged veterans, and spouses of active duty military members with an active license in a nother
state. See http://www.flhealthsource.gov/valor (last visited Jan. 4, 2021).
25 Florida Department of Health, Agency Analysis of 2022 HB 559, p. 2 (12/14/2021).
26 Id.
STORAGE NAME: h0559.RRS                                                                                                       PAGE: 5
DATE: 1/10/2022
                          temporary professional license under certain circumstances; conforming provisions to
                          changes made by the act.

        Section 3:        provides an effective date of July 1, 2022.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
             Department of Business and Professional Regulation

             None.

             Department of Health

             Insignificant. According to DOH:27

                 The Division of Medical Quality Assurance will experience a recurring loss of revenue due to the
                 provisions of this bill. From July 1, 2020 through June 30, 2021, 352 applications were approved
                 for health care licensure of military spouses, this includes approximately 1.38% of all licenses
                 issued by the Department during the last fiscal year. It is anticipated that the bill will have an
                 insignificant impact on the Division of Medical Quality Assurance trust fund related to the
                 reduction in licensing fees.

        2. Expenditures:
             Department of Business and Professional Regulation

             None. According to DBPR:28

                 The bill will require the Division of Service Operations to identify the application of military
                 spouses so that the application may be expedited for review. Once the application of the military
                 spouse is reviewed and determined to meet the minimum requirements as set forth in the bill, a
                 temporary license will be issued and identified by a modifier that will be created in Versa. The
                 license modifier indicating that the license is temporary will be removed from the license once
                 the permanent license is issued once the application is complete and determined to meet all
                 license requirements.

                 This bill will require modification to the department’s licensing system and online portal to create
                 a modifier for a temporary license.

                 These modifications can be made by existing resources.

                 The impact to the division is minimal and can be accommodated with existing resources.

             Department of Health

             None. According to DOH:29

                 The Division of Medical Quality Assurance will experience a non-recurring increase in workload
                 and costs associated with updating the Licensing and Enforcement Information Database

27 Florida Department of Health, Agency Analysis of 2022 HB 559, p. 4 (12/14/2021).
28 Florida Department of Business and Professional Regulation, Agency Analysis of 2022 SB 562 (identical to 2022 HB 559),   p. 5
(10/19/2021).
29 Florida Department of Health, Agency Analysis of 2022 HB 559, p. 5 (12/14/2021).
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DATE: 1/10/2022
                 System, Online Service Portal, Cognitive Virtual Agent, and armed services website to reflect
                 changes to the licensing fees and requirements for a spouse of an active duty member of the
                 Armed Forces of the United States. Current resources and budget authority are adequate to
                 absorb.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The bill removes the $65 DOH licensure fee for a spouse of a member of the U.S. Armed Forces who is
         on active duty.30

     D. FISCAL COMMENTS:
         The bill will have an indeterminate, negative fiscal impact on the affected agencies. The bill will reduce
         licensing revenues to DOH but the exact amount is indeterminate. The bill will also create a cost to
         DBPR and DOH to implement the provisions requiring expedited processing of licensure applications.
         The fiscal impacts to the state will depend on the number of people who take advantage of these
         provisions, although the agencies have provided preliminary fiscal analysis indicating indeterminate yet
         insignificant impacts.


                                                       III. COMMENTS

     A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
           Not applicable. This bill does not appear to affect county or municipal governments.

         2. Other:
           None.

     B. RULE-MAKING AUTHORITY:
         The bill removes the requirement for military spouse applicants for licensure by DOH to submit the
         required application fee. To implement, DOH provides that it “would be required to update the Military
         Spouse Temporary License application and associated rule to make nomenclature updates and
         remove the $65 temporary licensure fee.”31 Current law appears to provide sufficient rulemaking
         authority.

     C. DRAFTING ISSUES OR OTHER COMMENTS:
         Other Comments

         Based on the fact that DBPR already expeditiously issues licenses for military spouses, sometimes
         within 24 hours, the sponsor may not need to include DBPR in this bill because HB 29 (2018) made
         sufficient changes.

         According to DOH:

30 Id.
31 Florida Department of Health, Agency Analysis of 2022 HB 559, p. 3 (12/14/2021).
STORAGE NAME: h0559.RRS                                                                                     PAGE: 7
DATE: 1/10/2022
              To implement, the Military Spouse Temporary License application… would be transitioned from
              a temporary license application to a full licensure application. It is the practice of DOH to
              expedite licensure for military spouses, as such, this component of the bill would not impact
              current operations.32

              The bill is unclear regarding incomplete applications and situations where supplemental
              documentation (e.g. transcripts, criminal history, prior license verification) is not yet received by
              the Department. It is the Department's practice to prioritize the processing of veterans and their
              spouses, and if the completed application and all supplemental information is received by the
              department, applications are processed in one day or less. As a result, the issuance of a
              temporary license would only occur if the applicant's application is deemed incomplete.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




32 Id.
STORAGE NAME: h0559.RRS                                                                                      PAGE: 8
DATE: 1/10/2022
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           HB 559                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to occupational licensure of military
    3               spouses; amending s. 455.02, F.S.; requiring the
    4               Department of Business and Professional Regulation or
    5               the applicable board or program to expedite
    6               professional license applications submitted by spouses
    7               of active duty members of the Armed Forces of the
    8               United States; requiring the department to issue
    9               temporary professional licenses under certain
10                  circumstances; amending s. 456.024, F.S.; requiring
11                  the Department of Health or the applicable board to
12                  issue a professional license to spouses of active duty
13                  members of the Armed Forces of the United States if
14                  certain requirements are met; requiring the department
15                  to waive the application fee for such license
16                  applications; authorizing applicants issued such
17                  licenses to renew their licenses if certain
18                  requirements are met; providing construction;
19                  requiring the department or applicable board to
20                  expedite applications for such licenses; requiring the
21                  department or applicable board to issue a temporary
22                  professional license under certain circumstances;
23                  conforming provisions to changes made by the act;
24                  providing an effective date.
25

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        HB 559                                                                                                2022




26      Be It Enacted by the Legislature of the State of Florida:
27
28               Section 1.        Paragraph (d) is added to subsection (3) of
29      section 455.02, Florida Statutes, and paragraph (a) of that
30      subsection is republished, to read:
31               455.02      Licensure of members of the Armed Forces in good
32      standing and their spouses or surviving spouses with
33      administrative boards or programs.—
34               (3)(a)      The department shall issue a professional license
35      to an applicant who is or was an active duty member of the Armed
36      Forces of the United States, or who is a spouse or surviving
37      spouse of such member, upon application to the department in a
38      format prescribed by the department. An application must include
39      proof that:
40               1.      The applicant is or was an active duty member of the
41      Armed Forces of the United States or is married to a member of
42      the Armed Forces of the United States and was married to the
43      member during any period of active duty or was married to such a
44      member who at the time of the member's death was serving on
45      active duty. An applicant who was an active duty member of the
46      Armed Forces of the United States must have received an
47      honorable discharge upon separation or discharge from the Armed
48      Forces of the United States.
49               2.      The applicant holds a valid license for the profession
50      issued by another state, the District of Columbia, any

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        HB 559                                                                                                2022




51      possession or territory of the United States, or any foreign
52      jurisdiction.
53               3.      The applicant, where required by the specific practice
54      act, has complied with insurance or bonding requirements.
55               4.a.        A complete set of the applicant's fingerprints is
56      submitted to the Department of Law Enforcement for a statewide
57      criminal history check.
58               b.      The Department of Law Enforcement shall forward the
59      fingerprints submitted pursuant to sub-subparagraph a. to the
60      Federal Bureau of Investigation for a national criminal hist ory
61      check. The department shall, and the board may, review the
62      results of the criminal history checks according to the level 2
63      screening standards in s. 435.04 and determine whether the
64      applicant meets the licensure requirements. The costs of
65      fingerprint processing shall be borne by the applicant. If the
66      applicant's fingerprints are submitted through an authorized
67      agency or vendor, the agency or vendor shall collect the
68      required processing fees and remit the fees to the Department of
69      Law Enforcement.
70               (d)         The department or the applicable board or program
71      shall:
72               1.      Expedite all applications submitted by a spouse of an
73      active duty member of the Armed Forces of the United States
74      pursuant to this subsection; and
75               2.      Issue a temporary professional license valid for the

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         HB 559                                                                                                2022




 76      duration of the application review process to such spouse once
 77      the department, board, or program verifies the information
 78      provided by the spouse pursuant to subparagraphs (a)1., 2., and
 79      3. is accurate.
 80               Section 2.        Paragraphs (a), (c), (e), (f), (g), (h), and
 81      (i) of subsection (4) of section 456.024, Florida Statutes, are
 82      amended, and paragraph (j) is added to that subsection, to read:
 83               456.024        Members of Armed Forces in good standing with
 84      administrative boards or the department; spouses; licensure. —
 85               (4)(a)       The board, or the department if there is no board,
 86      shall may issue a temporary professional license to the spouse
 87      of an active duty member of the Armed Forces of the United
 88      States who submits to the department:
 89               1.      A completed application upon a form prepared and
 90      furnished by the department in accordance with the board's
 91      rules;
 92               2.      The required application fee;
 93               3.      Proof that the applicant is married to a member of the
 94      Armed Forces of the United States who is on active duty;
 95               3.4.        Proof that the applicant holds a valid license for
 96      the profession issued by another state, the District of
 97      Columbia, or a possession or territory of the United States, and
 98      is not the subject of any disciplinary proceeding in any
 99      jurisdiction in which the applicant holds a license to practice
100      a profession regulated by this chapter;

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         HB 559                                                                                                2022




101               4.5.        Proof that the applicant's spouse is assigned to a
102      duty station in this state pursuant to the member's official
103      active duty military orders; and
104               5.6.        Proof that the applicant would otherwise be entitled
105      to full licensure under the appropriate practice act, and is
106      eligible to take the respective licensure examination as
107      required in Florida.
108               (c)         Each board, or the department if there is no board,
109      shall review the results of the state and federal criminal
110      history checks according to the level 2 screening standards in
111      s. 435.04 when granting an exemption and when granting or
112      denying the temporary license.
113               (e)         The department shall waive the applicant's licensure
114      set an application fee, which may not exceed the cost of issuing
115      the license.
116               (f)         An applicant issued a license under this subsection
117      may renew such license upon completion of the conditions for
118      renewal required of licenseholders under the applicable practice
119      act, including, without limitation, continuing education
120      requirements. This paragraph does not limit waiver of initial
121      licensure requirements under this subsection A temporary license
122      expires 12 months after the date of issuance and is not
123      renewable.
124               (g)         An applicant for a temporary license under this
125      subsection is subject to the requirements under s. 456.013(3)(a)

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         HB 559                                                                                                2022




126      and (c).
127               (h)         An applicant shall be deemed ineligible for a
128      temporary license pursuant to this section if the applicant:
129               1.      Has been convicted of or pled nolo contendere to,
130      regardless of adjudication, any felony or misdemeanor related to
131      the practice of a health care profession;
132               2.      Has had a health care provider license revoked or
133      suspended from another of the United States, the District of
134      Columbia, or a United States territory;
135               3.      Has been reported to the National Practitioner Data
136      Bank, unless the applicant has successfully appealed to have his
137      or her name removed from the data bank; or
138               4.      Has previously failed the Florida examination required
139      to receive a license to practice the profession for which the
140      applicant is seeking a license.
141               (i)         The board, or the department if there is no board, may
142      revoke a temporary license upon finding that the individual
143      violated the profession's governing practice act.
144               (j)         The board, or the department if there is no board,
145      shall:
146               1.      Expedite all applications submitted by a spouse of an
147      active duty member of the Armed Forces of the United States
148      pursuant to this section; and
149               2.      Issue a temporary professional license valid for the
150      duration of the application review process to such spouse once

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         HB 559                                                                                                2022




151      the board or department verifies the information provided by the
152      spouse pursuant to paragraph (a) is accurate.
153               Section 3.        This act shall take effect July 1, 2022.




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                                                                                                              hb0559-00
                     REGULATORY REFORM SUBCOMMITTEE

                          HB 559 by Rep. Hunschofsky
                    Occupational Licensure of Military Spouses

                              AMENDMENT SUMMARY
                                 January 12, 2022


Amendment 1 by Rep. Hunschofsky (lines 28-79):
  • Removes provisions related to the Department of Business and Professional Regulation
     from the bill.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 559   (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 Hunschofsky offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 28-79
 7
 8
 9             -----------------------------------------------------
10                          T I T L E    A M E N D M E N T
11          Remove lines 3-10 and insert:
12     spouses; amending s. 456.024, F.S.; requiring




     719457 - h0559-lines28-79.docx
      Published On: 1/11/2022 4:19:17 PM
                                    Page 1 of 1
HB 635
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 635 Building Plan Changes
SPONSOR(S): Maggard
TIED BILLS:       IDEN./SIM. BILLS: SB 1020

    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.

Florida’s fire prevention and control law, ch. 633, F.S., designates the state’s Chief Financial Officer as the
State Fire Marshal, and requires the State Fire Marshal to adopt the Florida Fire Prevention Code (Fire
Prevention Code). The Fire Prevention Code sets forth fire safety standards (including certain national codes)
for property, and is enforced by local fire safety officials within each local government in the state.

Current law requires local governments to enforce the Building Code and issue building permits. It is unlawful
to construct, erect, alter, repair, secure, or demolish any building without first obtaining a building permit. Any
construction work that requires a building permit also requires plan reviews and inspections by the building
official to ensure the work complies with the Building Code. If a building is subject to the Fire Prevention Code,
a building permit also requires plan reviews and inspections by the local fire safety official.

If a building official or plans reviewer denies a permit application or revokes a building permit, the
building official or plans reviewer must give the permit applicant a reason for denying or revoking the
permit. The reason must be based on compliance with the Building Code or a local ordinance.

The bill provides that:
    A building official or plans reviewer, who revokes a permit or denies a permit application, may give the
        applicant a reason for denying or revoking the permit that is based on compliance with the Fire
        Prevention Code, in addition to the Building Code or a local ordinance.
    A local inspector or fire safety marshal or fire safety inspector who denies a permit application or
        revokes a building permit, must also give the permit applicant a reason for denying or revoking the
        permit, which is based on compliance the Building Code, Fire Prevention Code, or local ordinance.
    If a fire safety marshal or fire safety inspector is required to approve the plans of a commercial building
        or structure, and such plans have already been approved and sealed by the local building department,
        the local building official or inspector and the fire safety marshal or fire safety inspector do not have the
        discretionary authority to change the plans.
    If a fire safety marshal or fire safety inspector is not required to approve the plans of a building or
        structure, and such plans have already been approved and sealed by the local building department, the
        local building official or inspector does not have the discretionary authority to change the plans.

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: h0635.RRS
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                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

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

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

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

        Building Code Administrators, Inspectors, and Plans Examiners

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

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




1 The Florida Building Commission Report       to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/ fbc/publications/2006_Legislature_Rpt _rev2.pdf (last visited Jan. 4, 2022).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 4, 2022).
4 See s. 553.72(1), F.S.
5 Ss. 553.73, and 553.74, F.S.
6 See Ss. 120.569, 120.57(1)-(2), 468.605, 468.606, and 468.621, F.S.
7 S. 468.603(2), F.S.
STORAGE NAME: h0635.RRS                                                                                                  PAGE: 2
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        A building code inspector (inspector) is a local government employee or a person contracted by a local
        government who inspects construction that requires permits to determine compliance with the Building
        C ode and state accessibility laws. Inspectors are divided into several different categories. An
        inspector’s ability to practice is limited to the category or categories for which the inspector has been
        licensed. The inspector categories are:8

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

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

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

        Florida Fire Prevention Code

        Florida’s fire prevention and control law, ch. 633, F.S., designates the state’s Chief Financial Officer as
        the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal within the
        Department of Financial Services (DFS), is charged with enforcing the provisions of ch. 633, F.S., and
        all other applicable laws relating to fire safety, and has the responsibility to minimize the loss of life and
        property in this state due to fire.10 Pursuant to this authority, the State Fire Marshal regulates, trains,
        and certifies fire service personnel and fire safety inspectors; investigates the causes of fires; enforces
        arson laws; regulates the installation of fire equipment; conducts fire safety inspections of state
        property; and operates the Florida State Fire College.

        The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Prevention Code),
        which contains all fire safety laws and rules that pertain to the design, construction, erection, alteration,
        modification, repair, and demolition of public and private buildings, structures, and facilities, and the
        enforcement of such fire safety laws and rules, at ch. 69A-60, F.A.C.

        The State Fire Marshal adopts a new edition of the Fire Prevention Code every three years.11 When
        adopting the Fire Prevention Code the Fire Marshal is required to adopt the most current version of the
        national fire and life safety standards set forth by the National Fire Protection Association (NFPA)
        including the:12

                  NFPA’s Fire Code (1);
                  Life Safety Code (101); and

8 S. 468.603(4)  and (5), F.S.
9 S. 468.603(8),  F.S.
10 S. 633.104, F.S.
11 S. 633.202, F.S.
12 S. 633.202(2), F.S. Founded in 1896, the National Fire Protection Association delivers information and knowledge

through more than 300 consensus codes and standards, research, training, education, outreach and advocacy; and by
STORAGE NAME: h0635.RRS                                                                                         PAGE: 3
DATE: 1/10/2022
                Guide on Alternative Approaches to Life Safety (101A).

        The State Fire Marshal may modify the national fire safety and life safety standards as needed to
        accommodate the specific needs of the state.13

        The most recent Fire Prevention Code is the 7th edition, which is referred to as the 2020 Florida Fire
        Prevention Code. The 7th edition of the Fire Prevention Code took effect on December 31, 2020.14

        The Building Code and the Fire Prevention Code

        The Building Code and the Fire Prevention Code work parallel, but are independent of each other. The
        Building Commission updates and adopts the Building Code, which must reference the Fire Prevention
        Code. However, the Fire Prevention Code is adopted, modified, interpreted, and maintained by DFS.
        The Building Commission may not adopt a fire prevention or life safety code, and nothing in the
        Building Code may affect the statutory powers, duties, and responsibilities of any local fire safety official
        or DFS.15

        Conflicting requirements between the Building Code and the Fire Prevention Code must be resolved by
        agreement between the Building Commission and the State Fire Marshal. The agreement must be in
        favor of the requirement that offers the greatest degree of life safety or alternatives that would provide
        an equivalent degree of life safety and an equivalent method of construction.16

        If the Building Commission and State Fire Marshal are unable to agree on a resolution, the question
        must be referred to a mediator, mutually agreeable to both parties, to resolve the conflict in favor of the
        provision that offers the greatest life safety, or alternatives that would provide an equivalent degree of
        life safety and an equivalent method of construction.17


        Fire Safety Enforcement by Local Governments

        State law requires all municipalities, counties, and special districts with fire safety responsibilities to
        enforce the Fire Prevention Code as the minimum fire prevention code to operate uniformly among
        local governments and in conjunction with the Building Code. 18 These local enforcing authorities may
        adopt more stringent fire safety standards, subject to certain requirements in s. 633.208, F.S., but may
        not enact fire safety ordinances that conflict with ch. 633, F.S., or any other state law. 19

        The chiefs of local government fire service providers (or their designees) are authorized to enforce ch.
        633, F.S., and rules within their respective jurisdictions as agents of those jurisdictions, not agents of
        the State Fire Marshal.20

        Each county, municipality, and special district with fire safety enforcement responsibilities is also
        required to employ or contract with a fire safety inspector to conduct all fire safety inspections required
        by law.21


partnering with others who share an interest in furthering the mission. NFPA, About NFPA, http://www.nfpa.org/about-nfpa
(last visited on Jan. 4, 2022).
13 Id.
14 Division of State Fire Marshal, Florida Fire Prevention Code (FFPC),

https://www.myfloridacfo.com/division/sfm/bfp/ floridafirepreventioncodepage.htm (last visited Jan. 4, 2022).
15 S. 553.73(1), F.S.; Florida Department of Financial Services, Agency Analysis of 2022 House Bill 635, p.3 (Jan. 4,

2022).
16 S. 553.73(1), F.S. Similar provisions apply if a local building official and local fire safety official cannot agree. See s.

553.73(11), F.S.
17 Id.
18 Ss. 633.108 and 633.208, F.S.
19 Ss. 633.208 and 633.214(4), F.S.
20 S. 633.118, F.S.
21 S. 633.216(1), F.S.
STORAGE NAME: h0635.RRS                                                                                                 PAGE: 4
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        A fire safety inspector is a person who is officially assigned the duties of conducting fire safety
        inspections of buildings and facilities on a recurring or regular basis on behalf of the state or any
        county, municipality, or special district with fire safety responsibilities. Fire safety inspectors are
        certified and regulated by the State Fire Marshal and are separate from building officials, inspectors,
        and plans examiners who are regulated by the BCAIB.22

        Building Permits

        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. 23
        Every local government must enforce the Building Code and issue building permits.24

        It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
        building without first obtaining a building permit from the local government 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. 25 A building permit is not valid until
        the fees for the permit have been paid.26

        A building permit is an official document or certificate issued by the local building official that authorizes
        performance of a specific activity.27 Any construction work that requires a building permit also requires
        plan reviews and inspections by the building official to ensure the work complies with the Building
        Code.28

        Building Plans

        To obtain a permit an applicant must complete an application for the proposed work on the form
        furnished by the local enforcing agency.29 A local enforcement agency that issues building permits must
        post each type of building permit application on its website. 30

        An application for a permit must include building plans. A local enforcing agency may not issue a permit
        until the building official or plans examiner has reviewed the building plans and determined that they
        comply with the Building Code.31

        A building official or plans examiner does not review building plans to determine if they comply with the
        Fire Prevention Code. If the building or structure is subject to the Fire Prevention Code, the local fire
        safety official must also review the building plans to ensure they comply with the Fire Prevention
        Code.32

        A local enforcing agency may not issue the permit until the local fire safety official has approved the
        plans. However, if the building or structure is not subject to the Fire Prevention Code, the local
        enforcing agency may not require the local fire safety inspector to review the plans.33

        When the building official issues the permit, the building official must also approve the plans by writing
        or stamping, “Reviewed for Code Compliance” on the plans. The local building official must keep one

22 Ss. 633.102(12)   and 633.216, F.S.
23 S. 553.72, F.S.
24 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
25 See ss. 125.56(4)(a) and 553.79(1), F.S.
26 S. 109.1 of the Seventh edition of the Florida Building Code (Building).
27 S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
28 Ss. 107, 110.1, and 110.3 of the Seventh edition of the Florida Building (Building).
29 S. 713.135(5) and (6), F.S.
30 Ss. 125.56(4)(b) and 553.79(1), F.S.
31 S. 553.79(2), F.S.
32 Id.
33 Id.
STORAGE NAME: h0635.RRS                                                                                            PAGE: 5
DATE: 1/10/2022
        set of plans and another set must be returned to the applicant, who must keep the set at the work
        site.34

        Construction work must be in accordance with the approved plans, and any changes made during
        construction that are not in compliance with the approved plans must be resubmitted for approval as an
        amended set of construction documents.35

        If the local building official or plans examiner finds that building plans do not comply with the Building
        Code, the local building official or inspector must identify the specific plan features that do not comply
        with the Building Code, identify the specific chapters and sections upon which the finding is based, and
        provide this information to the local enforcing agency. The local enforcing agency must provide this
        information to the permit applicant.36

        If a building official or plans reviewer denies a permit application or revokes a building permit, the
        building official or plans reviewer must give the permit applicant a reason for denying or revoking the
        permit. The reason must be based on compliance with the Building Code or a local ordinance. Failing
        to provide a reason for denying or revoking a building permit, which is based on compliance with the
        Building Code or a local ordinance, is grounds for discipline against the building official or plans
        reviewer’s license.37

        Current law does not require a building inspector or local fire safety inspector, who denies a permit
        application or revokes a permit, to give the permit applicant a reason for denying or revoking the permit.
        However, building inspectors and local fire safety inspectors generally do not deny building permit
        applications or revoke building permits because that is generally done by the building official. 38

        A building inspector inspects the various stages of construction to ensure the work complies with the
        building plans and the Building Code. However, this is usually done after a permit is issued and work
        has started.39

        A local fire safety inspector inspects the various stages of construction, but this is to ensure the work
        complies with the building plans and the Fire Prevention Code. A local fire safety inspector also reviews
        buildings plans, but this is to ensure they comply with the Fire Prevention Code. A local fire safety
        inspector is usually, but not always, separate from a local building department and generally does not
        deny building permit applications or revoke building permits.40

        Effect of the Bill

        The bill provides that a building official or plans reviewer, who revokes a permit or denies a permit
        application, may give the applicant a reason for denying or revoking the permit that is based on
        compliance with the Fire Prevention Code, in addition to the Building Code or a local ordinance.

        The bill provides that, in addition to a building official or plans reviewer, a local inspector or fire safety
        marshal or fire safety inspector who denies a permit application or revokes a building permit, must give
        the permit applicant a reason for denying or revoking the permit.

        The reason must be based on compliance with the Building Code, a local ordinance, or the Fire
        Prevention Code. Failing to provide a reason for denying or revoking a building permit, which is based

34 S. 107.3.1 of the Seventh   edition of the Florida Building Code (Building).
35 S. 107.4 of the Seventh   edition of the Florida Building Code (Building).
36 S. 553.79(2),  F.S.
37 S. 553.79(1),  F.S.
38 See generally s. 468.603(2), F.S.; s. 105.3 of the Seventh edition of the Florida Building Code (Building).
39 See s. 110 of the Seventh edition of the Florida Building Code (Building).
40 City of New Port Richey, Fire Inspection Division, https://www.cityofnewportrichey.org/city-departments/fire-

services/fire-inspection-division/ (last visited Jan. 5, 2021); Winter Park, Office of the Fire Marshal, https://wpfd.org/office-
of-the-fire-marshal/ (last visited Jan. 5, 2022); City of Altamonte Springs, Building and Fire Safety,
https://www.altamonte.org/406/Building -and-Fire-Safety (last visited Jan. 5, 2022).
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       on compliance with the Building Code or a local ordinance, is grounds for discipline against the local
       inspector or fire safety marshal or fire safety inspector’s license.

       The bill also provides that if a fire safety marshal or inspector is required to approve the plans
       of a commercial building or structure, and such plans have already been approved and sealed by the
       local building department, the local building code official or inspector and the fire safety marshal or
       inspector do not have the discretionary authority to change the plans. In addition, if a fire safety
       marshal or inspector is not required to approve the plans of a commercial or residential building or
       structure, and such plans have already been approved and sealed by the local building department, the
       local building official or inspector does not have the discretionary authority to change the plans.


   B. SECTION DIRECTORY:

       Section 1.     Amends s. 553.79, F.S., relating to permits; applications; issuance; inspections.

       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 impact is unknown because it is unclear how often building plans are changed by building officials
       and local fire safety officials after the plans are approved by the local building department.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

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DATE: 1/10/2022
        2. Other:
          None.

    B. RULE-MAKING AUTHORITY:
        None.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        The term “fire safety marshal” is not used or defined in the Building Code. It is recommended that in
        order to prevent confusion, the bill be amended to clarify the meaning of “fire marshal.”

        Because a fire safety inspector typically does not deny a building permit, the sponsor may want to
        clarify the language in the bill.

        According to DFS,41

                “There are potential safety issues related to the inability of a fire authority to make
                changes to the plans after the building officials have approved the plans. Construction
                issues cannot always be identified or addressed during the design and permitting phase
                of a project through a single reviewer, (the local building department) who potentially is
                not certified to enforce the Florida Fire Prevention Code. Limiting access for the fire
                authority to review the plans may cause more modifications or change orders after the
                issuance of a permit to ensure code compliance with the Florida Fire Prevention Code.
                The lack of review by a fire authority could potentially jeopardize the safety of those
                individuals associated with the building and be in contradiction with Chapter 633, FS.”

        Based on these concerns, the sponsor may want to clarify when a fire safety inspector should review
        building plans and clarify the language used in the bill to express the sponsor’s true intent.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




41 Florida Department   of Financial Services, Agency Analysis of 2022 House Bill 635, p.3 (Jan. 4, 2022).
STORAGE NAME: h0635.RRS                                                                                      PAGE: 8
DATE: 1/10/2022
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           HB 635                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to building plan changes; amending s.
    3               553.79, F.S.; prohibiting local building code
    4               administrators or inspectors and firesafety marshals
    5               or inspectors from making changes to certain building
    6               plans under specified circumstances; conforming
    7               provisions to changes made by the act; providing an
    8               effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                  Section 1.        Paragraph (a) of subsection (1) and subsection
13         (2) of section 553.79, Florida Statutes, are amended to read:
14                  553.79      Permits; applications; issuance; inspections. —
15                  (1)(a)      After the effective date of the Florida Building
16         Code adopted as herein provided, it is shall be unlawful for any
17         person, firm, corporation, or governmental entity to construct,
18         erect, alter, modify, repair, or demolish any building within
19         the this state without first obtaining a permit therefor from
20         the appropriate enforcing agency or from such persons as may, by
21         appropriate resolution or regulation of the authorized state or
22         local enforcing agency, be delegated authority to issue such
23         permits, upon the payment of such reasonable fees adopted by the
24         enforcing agency. The enforcing agency is empowered to revoke
25         any such permit upon a determination by the agency that the

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        HB 635                                                                                                2022




26      construction, erection, alteration, modification, repair, or
27      demolition of the building for which the permit was issued is in
28      violation of, or does not conform not in conformity with, the
29      provisions of the Florida Building Code. If Whenever a permit
30      required under this section is denied or revoked because the
31      plan, or the construction, erection, alteration, modification,
32      repair, or demolition of a building, is found by the local
33      enforcing agency to not comply be not in compliance with the
34      Florida Building Code, the local enforcing agency shall identify
35      the specific plan or project features that do not comply with
36      the applicable codes, identify the specific code chapters and
37      sections upon which the finding is based, and provide this
38      information to the permit applicant. A plans reviewer , local or
39      building code administrator or inspector, or firesafety marshal
40      or inspector who is responsible for issuing a denial,
41      revocation, or modification request but fails to provide to the
42      permit applicant a reason for denying, revoking, or requesting a
43      modification, based on compliance with the Florida Building
44      Code, the Florida Fire Prevention Code and the Life Safety Code,
45      or local ordinance, is subject to disciplinary action against
46      his or her license pursuant to s. 468.621(1)(i). Installation,
47      replacement, removal, or metering of any load management control
48      device is exempt from and is shall not be subject to the permit
49      process and fees otherwise required by this section.
50               (2)(a)      Except as provided in subsection (8), an enforcing

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        HB 635                                                                                                2022




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

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         HB 635                                                                                                2022




 76      already been approved and sealed by the local building
 77      department, the local building code administrator or inspector
 78      and the firesafety marshal or inspector do not have the
 79      discretionary authority to change the plans. Any building or
 80      structure that which is not subject to a firesafety code is
 81      shall not be required to have its plans reviewed by the
 82      firesafety marshal or inspector. If a firesafety marshal or
 83      inspector is not required to approve the plans of a commercial
 84      or residential building or structure, and such plans have
 85      already been approved and sealed by the local building
 86      department, the local building code administrator or inspector
 87      does not have the discretionary authority to change the plans.
 88      Any building or structure that is exempt from the local building
 89      permit process may not be required to have its plans reviewed by
 90      the local building code administrator or inspector.
 91               (c)         Industrial construction on sites where design,
 92      construction, and firesafety are supervised by appropriate
 93      design and inspection professionals and which contain adequate
 94      in-house fire departments and rescue squads is exempt, subject
 95      to local government option, from review of plans and
 96      inspections, providing owners certify that applicable codes and
 97      standards have been met and supply appropriate approved drawings
 98      to local building code administrators or inspectors and
 99      firesafety marshals or inspectors.
100               (d)         The enforcing agency shall issue a permit to

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         HB 635                                                                                                2022




101      construct, erect, alter, modify, repair, or demolish any
102      building or structure when the plans and specifications for such
103      proposal comply with the Florida Building Code and the Florida
104      Fire Prevention Code and the Life Safety Code as determined by
105      the local authority in accordance with this chapter and chapter
106      633.
107               Section 2.        This act shall take effect July 1, 2022.




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                       REGULATORY REFORM SUBCOMMITTEE

                                  HB 635 by Rep. Maggard
                                   Building Plan Changes

                                  AMENDMENT SUMMARY
                                     January 12, 2021

Amendment 1 by Rep. Maggard (strike):
       •   Requires building officials to notify the building department if any designated
           reviewer determines that building plans do not comply with certain codes.
       •   Provides that a building department may not make substantive changes to building
           plans after a building permit has been issued, unless the changes are required by
           certain codes.
       •   Requires a building department to provide a permitholder with the specific code
           provisions that require changes to building plans.
       •   Allows certain licensees to be disciplined for failing to provide a reason to a permit
           applicant or permitholder for changing building plans.
       •   Requires the local fire safety official to provide reasons and specific code provisions
           to applicants, if the permit application does not meet certain code requirements.

Amendment to amendment 1 by Rep. Maggard (line 81):
     • Prohibits a local government from restricting a property owner from obtaining a
       permit to demolish a single-family structure that is located in a coastal high hazard
       area, moderate flood zone, or special flood hazard area with a floor elevation at or
       below the base flood elevation.
     • Prohibits local governments from requiring a public hearing or additional regulations
       to obtain a permit for such demolition, if the demolition complies with applicable
       codes.
     • Prohibits local governments from penalizing property owners who comply with a
       demolition permit.
     • Requires local governments to treat new single-family permit construction after such
       demolition the same as similarly situated vacant parcels.
     • Exempts properties designated as historic from these provisions under certain
       circumstances.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 635    (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 Maggard offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.    Subsection (2) of section 553.79, Florida
 8     Statutes, is amended to read:
 9          553.79    Permits; applications; issuance; inspections. —
10          (2)(a)
11          1.     Except as provided in subsection (8), an enforcing
12     agency may not issue any permit for construction, erection,
13     alteration, modification, repair, or demolition of any building
14     or structure until the local building code administrator or
15     inspector has reviewed the plans and specifications required by
16     the Florida Building Code, or local amendment thereto, for such
     603615 - h0635-strike.docx
      Published On: 1/11/2022 5:45:19 PM
                                    Page 1 of 6
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 635   (2022)
       Amendment No. 1


17     proposal and found the plans to be in compliance with the
18     Florida Building Code. If the local building code administrator
19     or inspector finds that the plans are not in compliance with the
20     Florida Building Code, the local building code administrator or
21     inspector shall identify the specific plan features that do not
22     comply with the applicable codes, identify the specific code
23     chapters and sections upon which the finding is based, and
24     provide this information to the local enforcing agency. If such
25     building code administrator or inspector requests review of such
26     plans by any other person and such person identifies plan
27     features that do not comply with the applicable codes, the
28     building code administrator or inspector must provide this
29     information to the local enforcing agency. The local enforcing
30     agency shall provide this information to the permit applicant.
31     In addition,
32          2.   An enforcing agency may not issue any permit for
33     construction, erection, alteration, modification, repair, or
34     demolition of any building until the appropriate firesafety
35     inspector certified pursuant to s. 633.216 has reviewed the
36     plans and specifications required by the Florida Building Code,
37     or local amendment thereto, for such proposal and found that the
38     plans comply with the Florida Fire Prevention Code and the Life
39     Safety Code. Any building or structure which is not subject to a
40     firesafety code shall not be required to have its plans reviewed
41     by the firesafety inspector.
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42            3.    Any building or structure that is exempt from the
43     local building permit process may not be required to have its
44     plans reviewed by the local building code administrator.
45     Industrial construction on sites where design, construction, and
46     firesafety are supervised by appropriate design and inspection
47     professionals and which contain adequate in-house fire
48     departments and rescue squads is exempt, subject to local
49     government option, from review of plans and inspections,
50     providing owners certify that applicable codes and standards
51     have been met and supply appropriate approved drawings to local
52     building and firesafety inspectors.
53            4.    The enforcing agency shall issue a permit to
54     construct, erect, alter, modify, repair, or demolish any
55     building or structure when the plans and specifications for such
56     proposal comply with the Florida Building Code and the Florida
57     Fire Prevention Code and the Life Safety Code as determined by
58     the local authority in accordance with this chapter and chapter
59     633.
60            (b)   After the local enforcing agency issues a permit , the
61     local enforcing agency may not make or require any substantive
62     change to the plans or specifications except those required for
63     compliance with the Florida Building Code, or local amendment
64     thereto, or the Florida Fire Prevention Code or the Life Safety
65     Code. Whenever a local enforcement authority makes or requires a
66     substantive change to the plans or specifications after a permit
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 635     (2022)
       Amendment No. 1


67     is issued, the local enforcement agency must identify the
68     specific plan or specifications that do not comply with the
69     applicable codes, identify the specific code chapters and
70     sections upon which the finding is based, and provide th e
71     information to the permitholder.
72          (c)1. A plans reviewer or inspector who fails to provide to
73     the building code administrator with a reason or reasons for
74     making or requiring substantive changes to plans or
75     specifications is subject to disciplinary action against his or
76     her license pursuant to s. 468.621(1)(i).
77          2.    A building code administrator who fails to provide a
78     permit applicant or permitholder with the reason or reasons for
79     making or requiring substantive changes to plans or
80     specifications is subject to disciplinary action against his or
81     her license pursuant to s. 468.621(1)(i).
82          Section 2.    Subsection (2) of section 633.208, Florida
83     Statutes, is amended to read:
84          633.208    Minimum firesafety standards.—
85          (2)(a)    Pursuant to subsection (1), each municipality,
86     county, and special district with firesafety responsibilities
87     shall enforce the Florida Fire Prevention Code as the minimum
88     firesafety code required by this section.
89          (b)   If a municipality, county, or special district
90     determines that building plans for a building permit application
91     do not comply with the Florida Fire Prevention Code or Life
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                                                    Bill No. HB 635    (2022)
        Amendment No. 1


 92     Safety Code, or local amendment thereto, the local fire official
 93     must identify the specific plan features that do not comply with
 94     the applicable codes, identify the specific code chapters and
 95     sections upon which the determination is based, and provide this
 96     information to the permit applicant.
 97          (c)   After a municipality, county, or special district
 98     issues a building permit, it may not make or require any
 99     substantive change to the building plans except those required
100     for compliance with the Florida Fire Prevention Code or Life
101     Safety Code, or local amendment thereto. Whenever a
102     municipality, county, or special district makes or requires
103     substantive change to building plans after a permit is issued,
104     the local fire official must identify the specific plan or
105     specifications that do not comply with the Florida Fire
106     Prevention Code or Life Safety Code, or local amendment thereto ,
107     identify the specific code chapters and sections upon which the
108     finding is based, and provide this information to the
109     permitholder.
110          (d)   A local fire official, who is a certified firesafety
111     inspector, who fails to comply with paragraphs (b) or (c) is
112     subject to disciplinary action against his or her certificate
113     pursuant to s. 633.216(6)(f).
114          Section 3.   This act shall take effect July 1, 2022.
115
116           -----------------------------------------------------
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117                       T I T L E   A M E N D M E N T
118          Remove everything before the enacting clause and insert:
119          An act relating to building plan changes; amending s.
120          533.79, F.S.; requiring local building code
121          administrators or inspectors to provide certain
122          information to the local enforcing agency; requiring
123          local enforcement agencies that require substantive
124          changes to building plans to provide certain
125          information to the permitholder; providing that a
126          building code administrator, inspector, or plans
127          reviewer is subject to disciplinary action in certain
128          circumstances; amending s. 633.208, F.S.; requiring
129          local fire officials to provide certain information to
130          a permit applicant if building plans do not comply
131          with the Florida Fire Prevention Code or Life Safety
132          Code; requiring a local fire official to provide
133          certain information to the permitholder if a
134          municipality, county, or special district requires
135          substantive changes to building plans to provide
136          certain information to the permitholder; providing
137          that a certified firesafety inspector is subject to
138          disciplinary action in certain circumstances;
139          providing an effective date.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 635   (2022)
       Amendment No. a1




            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 Maggard offered the following:
 4
 5          Amendment to Amendment (603615) by Representative Maggard
 6     (with title amendment)
 7          Between lines 81 and 82 of the amendment, insert:
 8          Section 1.    Subsection (25) is added to section 553.79,
 9     Florida Statutes, to read:
10          553.79    Permits; applications; issuance; inspections. —
11          (25)(a) A local law, ordinance, or regulation may not
12     prohibit or otherwise restrict the ability of a private property
13     owner to obtain a building permit to demolish any single -family
14     residential structure located in a coastal high hazard area,
15     moderate flood zone, or special flood hazard area according to
16     Flood Insurance Rate Maps produced by the Federal Emergency
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 635   (2022)
       Amendment No. a1


17     Management Agency in support of the National Flood Insurance
18     Program if the lowest finished floor elevation of such structure
19     is at or below base flood elevation as established by the
20     Florida Building Code, as amended, or a higher base flood
21     elevation as may be required by local ordinance, whichever is
22     higher, provided that such permit otherwise complies with all
23     applicable Florida Building Code and Florida Fire Prevention
24     Code and Life Safety Code requirements, including applicable
25     local amendments to such codes.
26          (b) An application for a demolition permit sought pursuant
27     to this subsection may only be reviewed administratively for
28     compliance with the Florida Building Code and the Florida Fire
29     Prevention Code and Life Safety Code, including local
30     amendments, and any regulations applicable to a similarly
31     situated parcel; such applications may not be subject to any
32     additional local land development regulations or a public
33     hearing. A local government may not penalize an owner for a
34     demolition that is in compliance with the demolition permit.
35          (c)   In the event of a demolition, pursuant to a demolition
36     permit, a local government may not impose additional regulatory
37     or building requirements on the new single-family residential
38     structure constructed on the site of the demolished structure
39     that would not otherwise be applicable to a similarly situated,
40     vacant parcel.
41          (d) This subsection does not apply to any:
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 635   (2022)
       Amendment No. a1


42          1.   Structure designated on the National Register of
43     Historic Places.
44          2.   Privately owned single-family residential structure
45     designated historic by a local, state, or federal governmental
46     agency on or before January 1, 2022.
47          3.   Privately owned single-family residential structure
48     designated historic by a local, state, or federal governmental
49     agency designated historic with the consent of its owner after
50     January 1, 2022.
51
52           -----------------------------------------------------
53                        T I T L E    A M E N D M E N T
54          Remove lines 119-128 of the amendment and insert:
55          An act relating to building permits; amending s.
56          533.79, F.S.; requiring local building code
57          administrators or inspectors to provide certain
58          information to the local enforcing agency; requiring
59          local enforcement agencies that require substantive
60          changes to building plans to provide certain
61          information to the permitholder; providing that a
62          building code administrator, inspector, or plans
63          reviewer is subject to disciplinary action in certain
64          circumstances; prohibiting a local government from
65          prohibiting or restricting certain permits; providing
66          that local governments may only review certain
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 635   (2022)
       Amendment No. a1


67          regulations for certain permits; providing exemptions;
68          amending s. 633.208, F.S.; requiring




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                                     Page 4 of 4
HB 669
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 669 Alarm Systems
SPONSOR(S): Maggard
TIED BILLS:       IDEN./SIM. BILLS:                   SB 1140

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Regulatory Reform Subcommittee                                                   Brackett           Anstead

    2) State Administration & Technology
       Appropriations Subcommittee

    3) Commerce Committee


                                           SUMMARY ANALYSIS
Electrical contractors and alarm system contractors are certified by or registered with the Electrical
Contractors’ Licensing Board (ECLB) housed within the Department of Business and Professional Regulation.

An “alarm system” is defined as “any electrical device, signaling device, or combination of electrical devices
used to signal or detect a burglary, fire, robbery, or medical emergency.”

A fire alarm system agent is a person who is employed by a licensed fire alarm contractor or certified electrical
contractor, and performs duties that requires licensure as a fire alarm system contractor or certified electrical
contractor. A fire alarm system agent must have an identification card that must be renewed every two years.

A “low-voltage alarm system project” is a project related to work on a new or existing alarm system that is
hardwired and operating at low voltage or a new or existing low-voltage electric fence, and ancillary
components or equipment attached to such system or fence. Instead of needing a permit to work on a low-
voltage alarm system project, licensed electrical contractors and alarm system contractors need a permit label,
which does not require building plans and can be purchased in bulk.

The bill:
            Reduces the training to become a fire alarm system agent and the training to renew a identification
             card, if the person or agent has a certain fire alarm system certification from the National Institute of
             Certification in Engineering Technologies or the Electronic Security Association.
            Provides that permits for the alteration of a fire alarm system with 20 or fewer initiating and
             notification devices and permits for the installation or repair of a fire communicator to certain
             existing fire alarm control panels, must be issued over the counter or online:
             o A person who receives a permit for such work must keep shop drawings or other required
                 documentation on site at the time of the inspection.
            Clarifies that low-voltage alarm system project includes closed-circuit television systems used to
             signal or detect a burglary, fire, robbery, or medical emergency.

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: h0669.RRS
DATE: 1/10/2022
                                                  FULL ANALYSIS

                                           I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Electrical and Alarm System Contractors – Current Situation

        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 contracting regulated by the Construction Industry Licensing
        Board (CILB) and pt. II of ch. 489, F.S., covers contracting regulated by the Electrical Contractors’
        Licensing Board (ECLB). Both boards are housed in the Department of Business and Professional
        Regulation (DBPR).

        Electrical contractors, alarm system contractors, and electrical specialty contractors are certified by or
        registered with the ECLB. Certified contractors can practice statewide and are licensed and regulated
        by ECLB. Registered contractors are licensed and regulated by a local jurisdiction and may practice
        within that locality.1

        Electrical contractors may work on electrical wiring, fixtures, appliances, apparatus, raceways, and
        conduits which generate, transmit, transform, or utilize electrical energy in any form. 2

        Alarm system contractors may lay out, fabricate, install, maintain, alter, repair, monitor, inspect,
        replace, or service alarm systems. An “alarm system” is defined as “any electrical device, signaling
        device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical
        emergency.”3

        There are two types of alarm system contractors:4

                 Alarm system contractor I:
                      o An alarm system contractor I is a contractor whose business includes all types of alarm
                         systems for all purposes, including fire alarms.
                 Alarm system contractor II:
                      o An alarm system contractor II is a contractor whose business includes all types of alarm
                         systems for all purposes, except fire alarms.

        Electrical certified specialty contractors are contractors whose scope of work is limited to a particular
        phase of electrical contracting, such as electrical signs. Certified electrical specialty contractors can
        practice statewide. The ECLB creates electrical certified specialty contractor licenses through
        rulemaking, and has created the following certified specialty contractor licenses: 5

                 Lighting maintenance specialty contractor;
                 Sign specialty electrical contractor;
                 Residential electrical contractor;
                 Limited energy systems specialty contractor; and
                 Utility line electrical contractor.

        The scope of work for certified electrical contractors includes any work that an alarm system
        contractor is able to perform.6

1 See generally  s. 489.505, F.S.
2 Ss. 489.505(12)   & 489.537(7), F.S.
3 S. 489.505(1)-(2), F.S.
4 S. 489.505(2)(a) and (b), F.S.; Email from Conner Mann, Legislative Affairs Coordinator, Department of Business and

Professional Regulation, RE: Alarm System Contractors (Jan. 4, 2021).
5 S. 489.505(19), & 489.511(4), F.S; Rule 61G6-7.001, F.A.C.
6 S. 489.537(7), F.S.
STORAGE NAME: h0669.RRS                                                                                          PAGE: 2
DATE: 1/10/2022
        Registered electrical contractors may install raceways for alarm systems.7 They may also bid on
        electrical contracts, which include alarm systems as part of the contract, but they must subcontract the
        work on such alarm systems to an alarm system contractor.8

        Fire Alarm System Agents

        A “fire alarm system agent” is a person:9

               Who is employed by a licensed fire alarm contractor or certified electrical contractor;
               Who is performing duties which are an element of an activity that constitutes fire alarm system
                contracting requiring licensure as an alarm contractor or certified electrical contractor; and
               Whose specific duties include any of the following: altering, installing, maintaining, moving,
                repairing, replacing, servicing, selling, or monitoring a fire alarm system for compensation.

        In order to be a fire alarm system agent, a person must:10

               Be at least 18 years of age or have evidence of a court-approved declaration of emancipation;
               Have not been convicted within the last 3 years of a crime that directly relates to the business
                for which employment is being sought.
                    o A certified electrical contractor or licensed fire alarm contractor must obtain a completed
                        fingerprint and criminal background check from the Department of Law Enforcement
                        (DLE) for each applicant for employment as a fire alarm system agent.
               Have not been committed for controlled substance abuse or been found guilty of a crime related
                to controlled substances within the 3-year period immediately preceding the date of application
                for employment, unless the person establishes that he or she is not currently abusing any
                controlled substance and has successfully completed a rehabilitation course.
               Have completed a minimum of 14 hours of training from an ECLB approved provider.
                    o The training must include basic fire alarm system technology in addition to related
                        training in National Fire Protection Association (NFPA) codes and standards and access
                        control training, with at least 2 hours of training in the prevention of false alarms.

        A person is not required to complete the required training to be a fire alarm system agent if they are:

               A certified electrical contractor;
               A registered electrical contractor who is doing electrical work up to the alarm panel;
               A certified or registered fire alarm system contractor;
               A journeyman electrician licensed by a local government;
               An alarm technician licensed by a local government that requires an examination and
                experience/training as a qualification for licensure;
               A non-supervising employee working as a helper or apprentice under direct, onsite, supervision
                by one of the above licensed individuals;
               A burglar alarm system agent employed by a fire alarm system contractor or certified electrical
                contractor; or
               Only monitoring a fire alarm.




7 A “raceway”  is an enclosed channel designed to hold wires, cables, or busbars. Mike Holt, Understanding Raceways,
EC&M (Feb. 13, 2018) https://www.ecmweb.com/national-electrical-code/code-basics/article/20903368/understanding -
raceways#:~:text=The%20NEC%20defines%20a%20raceway,permitted%20in%20t his%20Code%20% 5 BArt. (last visited
Jan. 4, 2021).
8 S. 489.537(2)(b), F.S.
9 S. 489.505(28), F.S.
10 S. 489.5185(1), F.S.
STORAGE NAME: h0669.RRS                                                                                       PAGE: 3
DATE: 1/10/2022
        A certified electrical contractor or licensed fire alarm contractor must furnish each of his or her fire
        alarm system agents with an identification card. A fire alarm system agent must have their identification
        card in their possession while engaged in fire alarm system agent duties. 11

        The card shall must be in a format approved by the ECLB, and must include: 12

                a picture of the agent;
                the name of the agent;
                the name and license number of the certified unlimited electrical contractor or licensed fire alarm
                 contractor;
                name and address of the business organization; and
                the signature of the contractor and the agent.

        Each identification card is valid for 2 years after the date of issuance, and must be renewed every 2
        years. In order to renew an identification card a fire alarm system agent must:13

                Have an updated criminal background check from DLE.
                Complete 6 hours of continuing education on fire alarm system installation and repair and
                 false alarm prevention every 2 years from an ECLB approved sponsor and training course.

        National Institute of Certification in Engineering Technologies (NICET)

        NICET is an organization that was established in 1961 to create certification for engineering technicians
        and technologists. According to NICET’s website, over 148,000 technicians and technologists have
        received NICET certification.14

        Currently, NICET offers engineering technician certification in the following fire protections areas:15

                Fire alarm systems;
                Inspection and testing of fire alarm systems;
                Inspection and testing of water-based systems;
                Special hazards systems; and
                Water-based systems layout.

        Currently, there are four levels of fire alarm system certification with Level I being the lowest and Level
        IV being the highest, and there are two levels of inspection and testing of fire alarm systems with Level
        I being the lowest and Level II being the highest.

        In order to obtain a Level II fire alarm certification, a person must:16

                Pass an exam; and
                Have at least 2 years of fire detection and signaling systems experience, which must include at
                 least 12 months of fire alarm systems experience, including alarm and detection, notification,
                 sprinkler monitoring, and interfaces and controls for agent releasing.




11 S. 489.5185(4), F.S.
12 S. 489.5185(4), F.S.; R. 61G6-12.003, F.A.C.
13 S. 489.5185(4) and (5), F.S.
14 NICET, About Us, https://www.nicet.org/about-us/ (last visited Dec. 30, 2021).
15 NICET, Certification Programs, https://www.nicet.org/certification-programs/ (last visited Dec. 30, 2021).
16 NICET, Certification Requirements, https://www.nicet.org/certification-programs/electrical-and-mechanical -systems/fire-

alarm-systems/certification-requirements/ (last visited on Dec. 30, 2021).
STORAGE NAME: h0669.RRS                                                                                              PAGE: 4
DATE: 1/10/2022
        In order to obtain a Level II inspection and testing of fire alarm systems certification, a person must:17

                Pass an exam; and
                Have at least 18 months of experience in the inspection and testing of fire alarm and
                 suppression systems.

        NICET certifications must be recertified every three years. Recertification is completed by upgrading a
        certification or completing at least two of the following:18

                Performing the associated technical tasks of the certification practice area as part of a person’s
                 main job;
                Completing additional education;
                Performing activities that advance the profession such as being a course instructor or serving
                 on a committee;
                Working towards upgrading a certification or obtaining an additional NICET certification in a
                 related area; or
                Passing a special recertification exam.

        Electronic Security Association (ESA)

        ESA is an organization that was established in 1948 to represent the electronic security and life safety
        industry. According to ESA’s website, they are the largest trade association in the U.S., with more than
        500,000 industry professionals employed by ESA member companies. 19

        Currently, ESA offers certification in the following fire protection areas:20

                Certified Alarm Technician Level I;
                Certified Fire Alarm Technician Level II Fire;
                Certified Fire Alarm Designer Level III Fire; and
                Certified Residential Fire Alarm Inspector.

        In order to obtain certification as a Fire Alarm Technician Level II, a person must:21

                Be certified as an ESA Alarm Technician Level I;
                Have 24 months of work history or have been certified as an ESA Alarm Technician Level I for
                 24 months or more; and
                Have completed the following two courses within the previous five years:
                    o Fire Alarm Installation Methods course and pass the examination.
                    o Life Safety Code course or International Building Code course and pass examination.

        In order to obtain certification as a Fire Alarm Designer Technician Level III, a person must:22

                Be certified as an ESA Fire Alarm Technician Level II;
                Have 60 months of work history in the field of fire alarms;
                Have a personal recommendation; and
                Have completed the Fire Alarm Designer course and pass the examination.

17 NICET,   Certification Requirements, https://www.nicet.org/certification-programs/electrical-and-mechanical -
systems/inspection-and-testing-of-fire-alarm-systems/certification-requirements/ (last visited Dec. 30, 2021).
18 NICET, Recertify, https://www.nicet.org/recertify/ (last visited Dec. 30, 2021).
19 ESA, About Us, https://esaweb.org/about/ (last visited Jan. 3, 2021).
20 ESA, ESA Certifications for Security, Sales and Fire, https://esaweb.org/training/certifications/certification-types/ (last

visited Jan. 3, 2022).
21 ESA, ESA Certified Fire Alarm Technician Level 2 (CFAT), https://esaweb.org/training/certifications/cfat/ (last visited

Jan. 3, 2022).
22 ESA, Certified Fire Alarm Designer (CFAD) Level III Fire Certification, https://esaweb.org/training/certifications/cfad/

(last visited Jan. 3, 2021).
STORAGE NAME: h0669.RRS                                                                                                  PAGE: 5
DATE: 1/10/2022
        ESA certifications must be renewed every two years. Renewal is completed by completing 24 ESA
        approved continuing education hours.23

        Electrical and Alarm System Contractors – Effect of the Bill

        The bill reduces the number of hours an applicant for employment as a fire alarm system agent is
        required to complete to 2 hours of training in the prevention of false alarms, from 14 hours of training, if
        the person holds a:

               Current Level II or higher NICET certification in Fire Alarm Systems or Inspection and Testing in
                Fire Alarm Systems; or
               Current ESA Fire Alarm Technician or Fire Alarm Designer certification.

        The bill also reduces the number of hours a fire alarm system agent is required to complete, in order to
        renew their identification card, to 2 hours of training in the prevention of false alarms from 6 hours of
        training, if the agent holds one of the above certifications.

        Alarm System Building Permits – Current Situation

        State Fire Marshal

        Florida’s fire prevention and control law, ch. 633, F.S., designates the state’s Chief Financial Officer as
        the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal (Division)
        located within the Department of Financial Services (DFS), is charged with enforcing the provisions of
        ch. 633, F.S., and all other applicable laws relating to fire safety, and has the responsibility to minimize
        the loss of life and property in this state due to fire.24 Pursuant to this authority, the State Fire Marshal
        regulates, trains, and certifies fire service personnel and fire safety inspectors; investigates the causes
        of fires; enforces arson laws; regulates the installation of fire equipment; conducts fire safety
        inspections of state property; and operates the Florida State Fire College.

        The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Prevention Code),
        which contains all fire safety laws and rules that pertain to the design, construction, erection, alteration,
        modification, repair, and demolition of public and private buildings, structures, and facilities, and the
        enforcement of such fire safety laws and rules.25

        The State Fire Marshall adopts a new edition of the Fire Prevention Code every three years. When
        adopting a new edition of the Fire Prevention Code, the State Fire Marshal must adopt the most recent
        version of the National Fire Protection Association (NFPA) Standard 1, Fire Prevention Code, and the
        NFPA 101 Life Safety Code.26




23 ESA, How to Renew Your ESA Certification, https://esaweb.org/training/certification-renewal/#qualifying(last visited
Dec. 31, 2021).
24 S. 633.104, F.S.
25 S. 633.202(1) and (2), F.S.
26 Id. The NFPA is the National Fire Protection Association. Founded in 1896, the NFPA delivers information and

knowledge through no more than 300 consensus codes and standards, research, training, education, outreach and
advocacy. NFPA, About NFPA, https://www.nfpa.org/about-nfpa (last visited Jan. 4, 2022).
STORAGE NAME: h0669.RRS                                                                                             PAGE: 6
DATE: 1/10/2022
        State law requires all municipalities, counties, and special districts with fire safety responsibilities to
        enforce the Fire Prevention Code as the minimum fire prevention code to operate uniformly among
        local governments and in conjunction with the Florida Building Code.27 Each county, municipality, and
        special district with fire safety enforcement responsibilities must employ or contract with a fire safety
        inspector (certified by the State Fire Marshal) to conduct all fire safety inspections required by law.

        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.28

        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. 29 The current edition of
        the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.30

        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. 31

        The Florida Building Commission (Commission) was statutorily created to implement the Building
        Code. The Commission, which is housed within 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,32 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.33

        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. 34
        Every local government must enforce the Building Code and issue building permits.35

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



27 The Florida Building Code is the statewide building code for all construction in the state. Every local government must
enforce the Florida Building Code and issue building permits. See generally ch. 553, F.S.
28 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,

http://www.floridabuilding.org/ fbc/publications/2006_Legislature_Rpt _rev2.pdf (last visited Jan. 4, 2022).
29 Id.
30 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 4, 2022).
31 See s. 553.72(1), F.S.
32 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 Jan. 4, 2022).
33 Ss. 553.73, and 553.74, F.S.
34 S. 553.72, F.S.
35 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
STORAGE NAME: h0669.RRS                                                                                              PAGE: 7
DATE: 1/10/2022
        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.36

        To obtain a building permit an applicant must complete an application for the proposed work on the
        form furnished by the government entity.37 A local government that issues building permits must post
        each type of building permit application on its website.38

        A building permit is an official document or certificate issued by the local building official that authorizes
        performance of a specific activity.39 A building official is a local government employee or a person
        contracted by a government entity who supervises building code activities, including plans review,
        enforcement, and inspection.40

        Any construction work that requires a building permit also requires building plans and inspections by
        the building official to ensure the work complies with the Building Code.41 Generally speaking, a
        permitted project that passes the required inspections is considered completed or closed.42

        Uniform Fire Alarm Permit

        Fire protection systems, including fire alarms, must be installed, repaired, operated, and maintained in
        accordance with the Fire Prevention Code and the Building Code.43

        An electrical or alarm system contractor must file a uniform fire alarm permit application with a local
        government in order to obtain a fire alarm permit.44

        The Uniform Fire Alarm Permit Application must include the following information:45

                  The name and address of the owner of the property;
                  The name, address, and license number of the contractor;
                  A description sufficient to identify the property to be improved, including the property’s address
                   and legal description;
                  A description of the work being performed; and
                  The owner and the contractor’s signature.

        An electrical or alarm system contractor cannot install or replace a fire alarm until they obtain a fire
        alarm permit. However, an electrical or alarm system contractor may make repairs on a fire alarm
        without a fire alarm permit, as long as they have applied for the permit.46

        Time-Period to Review Building Permit Applications

        Current law requires local governments to review the following building permit applications within a
        specific time-period of receiving the applications:47



36 See ss. 125.56(4)(a)  and 553.79(1), F.S.
37 S. 713.135(5) and (6), F.S.
38 Ss. 125.56(4)(b) and 553.79(1), F.S.
39 S. 468.603(2), F.S; Section 202 of the Seventh edition of the Florida Building Code (Building).
40 S. 468.603(2), F.S.; Section 202 of the Seventh edition of the Florida Building Code (Building).
41 Sections 107, 110.1, and 110.3 of the Seventh edition of the Florida Building (Building).
42 Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building

Department, Building Division, http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive% 20and% 20Excluded%20Building%20Permits .pdf (last visited Jan. 4,
2022).
43 Sections 202 and 901.2 of the Seventh edition of the Florida Building Code (Building).
44 S. 553.7921(1); Ch. 19-140, Laws of Fla.
45 S. 553.7921(3), F.S.
46 S. 553.7921(1) and (2), F.S.
47 S. 553.792(2), F.S.
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DATE: 1/10/2022
                   accessory structure;
                   alarm permit;
                   nonresidential buildings less than 25,000 square feet;
                   electric;
                   irrigation permit;
                   landscaping;
                   mechanical;
                   plumbing;
                   residential units other than a single family unit;
                   multifamily residential not exceeding 50 units;
                   roofing;
                   signs;
                   site-plan approvals and subdivision plats not requiring public hearings or public notice; and
                   lot grading and site alteration associated with a permit application.

        When a local government receives an application for one of the above building permits, it must: 48

                   Inform the applicant within 10 days of receiving the application, what information, if any, is
                    needed to complete the application.
                        o If the local government fails to provide written notice to the applicant within the 10-day
                            window, the application is deemed to be properly completed.
                   Notify the applicant within 45 days of the application being deemed complete, if additional
                    information is necessary to determine the sufficiency of the application;
                        o If additional information is needed the local government must specify what additional
                            information is necessary.
                        o The applicant may submit the additional information to the local government or request
                            that the local government act on the application without the additional information.
                   Approve, approve with conditions, or deny the application within 120 days following receipt of
                    the completed application.
                        o This period is tolled during the time an applicant is responding to a request for additional
                            information and may be extended by mutual consent of the parties.

        Over-the-Counter Permits

        Generally, over-the-counter permits are building permits that need minimal or no plans reviewed by the
        local building official. However, an applicant must still fill out an application, and inspections are still
        required to close or complete the permit. Local government officials typically determine what types of
        permits qualify as over-the-counter permits for their jurisdictions. Over-the-counter permits can issued
        in person or online depending on the jurisdiction.49


        Typically, an application for a permit must include building plans. A local enforcing agency may not
        issue a permit until the building official or plans examiner has reviewed the building plans and
        determined that they comply with the Building Code, unless the project is not required to have plans
        reviewed by the local building official.50




48 S. 553.792(1),   F.S.
49 City of Boca Raton, Building Permits and Inspections, https://www.myboca.us/157/Building-Permits-and-Ins pections

(last visited Jan. 4, 2022); Charlotte County, Permits, https://www.charlottecountyfl.gov/departments/community -
development/building-construction/ permits/ (last visited Jan. 4, 2022); Nassau County, Over the Counter Building Permit
Application, https://www.nassaucountyfl.com/DocumentCenter/View/ 13935/Over-the-Counter-Permit (last visited Jan. 4
2022); City of Sarasota, Building and Permitting Online Services,
https://ftgportal.sarasotafl.gov/Permits/Home.aspx ?microapp=c (last visited on Jan. 4, 2022).
50 S. 553.79(2), F.S.
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DATE: 1/10/2022
        Permits for the following projects are not required to have plans reviewed by the local building official: 51

                Replacing existing equipment such as mechanical units, water heaters, etc.
                Reroofs.
                Minor electrical, plumbing and mechanical repairs.
                Annual maintenance permits.
                Prototype plans:
                    o Except for local site adaptions, siding, foundations and/or modifications, and structures
                        that require a waiver.
                Manufactured buildings plan except for foundations and modifications of buildings on site.

        Alarm System Building Permits – Effect of the Bill

        The bill provides that all permits for the following work must be issued over-the-counter or online:

                A fire alarm system alteration of a total of 20 or fewer initiating devices and notification devices.
                The installation or replacement of a fire communicator 52 connected to an existing fire alarm
                 control panel53 in an existing commercial building, apartment, or condominium.

        A person who receives an electrical or fire permit for must keep shop drawings or other required
        documentation on site at the time of the inspection.

        Low-Voltage Alarm Systems – Current Situation

        A “low-voltage alarm system project” is a project related to the installation, maintenance, inspection,
        replacement, or service of a new or existing alarm system, and attached ancillary components, that is
        hardwired and operating at low voltage, or a new or existing low-voltage electric fence, and ancillary
        components or equipment attached to such a system or fence, including, but not limited to, home-
        automation equipment, thermostats, closed-circuit television systems, access controls, battery
        recharging devices, and video cameras.54

        Current law streamlines the permitting process for the installation of low-voltage alarm system
        projects that require a building permit. Instead of being required to obtain a building permit, licensed
        electrical and alarm system contractors may purchase uniform basic permit labels from local
        governments without providing detailed information about a project.55

        A contractor may purchase labels in bulk for one or more unspecified current or future projects. Permit
        labels are valid for one year and may only be used in the jurisdiction of the local government that
        issued the permit label.56

        Local governments may not charge more than $40 per permit label per project, and may not request
        any information in order to obtain permit labels except a contractor’s identification information and proof
        of licensure. A local government may not require any other charge associated with the installation or
        replacement of a new or existing hardwired, low-voltage alarm system project.57

51 S. 107.3.5 of the Seventh    edition of the Florida Building Code (Building).
52 A “fire alarm communicator” is a device     that automatically contacts first responders, if a fire is detected. Norris Inc.,
https://norrisinc.com/2016/08/12/alarm-system-communicators/ (last visited Jan. 5, 2022).
53 A “fire alarm control unit” serves as the brain of the fire alarm system. It is a component of a fire alarm system that

receives signals from initiating devices or other fire alarm control units, and processes these signals to determine part or
all of the required fire alarm system output. National Fire Protection Association, A Guide to Fire Alarm Basics,
https://www.nfpa.org/News-and-Research/Publications-and-media/Blogs -Landing-P age/NFPA-Today/Blog-
Posts/2021/03/03/A-Guide-to-Fire-Alarm-Basics (last visited Jan. 3, 2022).
54 S. 553.793(1), F.S.
55 S. 553.793(5), F.S.
56 Id.
57 Id.
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DATE: 1/10/2022
         Licensed electrical and alarm system contractors do not have to notify a local government about a low-
         voltage alarm system project prior to commencing work on the project. However, a contractor must post
         an unused permit label in a conspicuous place on the premises before commencing work on the
         project.58

         After completion of a low-voltage alarm system project, a contractor must submit a Uniform Notice of a
         Low Voltage Alarm System Project to the local government. A local enforcement government may take
         disciplinary action against a contractor who fails to timely submit the required notice.59

         A local enforcement agency may coordinate directly with the property owner or customer for inspection
         of a low-voltage alarm system project. If a project fails an inspection, the contractor must take
         corrective action in order to pass the inspection.60

         A permit label is not required for any subsequent maintenance, inspection, or service of a low-voltage
         alarm system project that has a permit label.61

         Low-Voltage Alarm Systems – Effect of the Bill

         The bill clarifies that a low-voltage alarm system project includes closed-circuit television systems used
         to signal or detect a burglary, fire, robbery, or medical emergency.

     B. SECTION DIRECTORY:
         Section 1.          Amends s. 489.5185, F.S., relating to fire alarm system agents.

         Section 2.          Amends s. 553.793, F.S., relating to streamlined low-voltage alarm system installation
                             permitting.

         Section 3.          Creates s. 553.7932, F.S., relating to simplified permitting process for fire alarm system
                             alterations.

         Section 4.          Providing 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.

58 S. 553.793(6)    & (7), F.S.
59 Id.
60 S. 553.793(9),    F.S.
61 S. 553.793(11),    F.S.
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DATE: 1/10/2022
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may have a positive economic impact on persons applying to be employed as a fire alarm
       agents, and fire alarm agents, who have a current Level II or higher NICET certification in Fire Alarm
       Systems or Inspection and Testing in Fire Alarm Systems or a current ESA Fire Alarm Technician or
       Fire Alarm Designer certification. Such persons or fire alarm agents will not have to pay for more than 2
       training hours in order to be employed as a fire alarm agent or to renew a fire alarm agent identific ation
       card.

   D. FISCAL COMMENTS:
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       “Over the counter” is not used or defined in the Florida Building Codes Act. It is recommended that in
       order to prevent confusion, the bill be amended to clarify the meaning of “over the counter.”


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0669.RRS                                                                                   PAGE: 12
DATE: 1/10/2022
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           HB 669                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to alarm systems; amending s.
    3               489.5185, F.S.; authorizing individuals with certain
    4               fire alarm certifications to complete a reduced number
    5               of training and continuing education hours for the
    6               prevention of false alarms; requiring the training and
    7               continuing education sponsors and courses to be
    8               approved by the Electrical Contractors' Licensing
    9               Board; amending s. 553.793, F.S.; revising the
10                  definition of the term "low-voltage alarm system
11                  project" to include certain closed-circuit television
12                  systems; creating s. 553.7932, F.S.; requiring that
13                  electrical or fire permits for certain fire alarm
14                  system alterations be issued over the counter or
15                  online; requiring a permittee who receives a permit
16                  under the simplified process to keep shop drawings or
17                  other required documentation on site for inspection;
18                  providing an effective date.
19
20         Be It Enacted by the Legislature of the State of Florida:
21
22                  Section 1.         Subsection (5) of section 489.5185, Florida
23         Statutes, is amended, and paragraph (f) is added to subsection
24         (2) of that section, to read:
25                  489.5185         Fire alarm system agents.—

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        HB 669                                                                                                2022




26               (2)
27               (f)         If a person holds a current National Institute of
28      Certification in Engineering Technologies (NICET) Level II
29      certification or higher in Fire Alarm Systems or Inspection and
30      Testing of Fire Alarm Systems, a current certification as an
31      Electronic Security Association (ESA) Certified Fire Alarm
32      Technician, or a current certification as an ESA Certified Fire
33      Alarm Designer, he or she is required to complete only the 2
34      hours of training in the prevention of false alarms required by
35      paragraph (1)(b) from a board-approved sponsor of training and
36      through a board-approved training course.
37               (5)(a)        Except as provided in paragraph (b), each fire
38      alarm system agent must receive 6 hours of continuing education
39      on fire alarm system installation and repair and false alarm
40      prevention every 2 years from a board-approved sponsor of
41      training and through a board-approved training course.
42               (b)         A person holding a current NICET Level II
43      certification or higher in Fire Alarm Systems or Inspection and
44      Testing of Fire Alarm Systems, certification as an ESA Certified
45      Fire Alarm Technician, or certification as an ESA Certified Fire
46      Alarm Designer is required to complete only 2 hours of
47      continuing education training in the prevention of false alarms
48      every 2 years from a board-approved sponsor of training and
49      through a board-approved training course.
50               Section 2.         Paragraph (b) of subsection (1) of section

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        HB 669                                                                                                2022




51      553.793, Florida Statutes, is amended to read:
52               553.793        Streamlined low-voltage alarm system installation
53      permitting.—
54               (1)         As used in this section, the term:
55               (b)         "Low-voltage alarm system project" means a project
56      related to the installation, maintenance, inspection,
57      replacement, or service of a new or existing alarm system, as
58      defined in s. 489.505, including closed-circuit television
59      systems used to signal or detect a burglary, fire, robbery, or
60      medical emergency, that is hardwired and operating at low
61      voltage, as defined in the National Electrical Code Standard 70,
62      Current Edition, or a new or existing low-voltage electric
63      fence, and ancillary components or equipment attached to such a
64      system or fence, including, but not limited to, home-automation
65      equipment, thermostats, closed-circuit television systems,
66      access controls, battery recharging devices, and video cameras.
67               Section 3.          Section 553.7932, Florida Statutes, is created
68      to read:
69               553.7932           Simplified permitting process for fire alarm
70      system alterations.—
71               (1)         Electrical or fire permits for all of the following
72      must be issued over the counter or online:
73               (a)         A fire alarm system alteration of a total of 20 or
74      fewer initiating devices and notification devices.
75               (b)         The installation or replacement of a fire communicator

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        HB 669                                                                                                2022




76      connected to an existing fire alarm control panel in an existing
77      commercial building, apartment, or condominium.
78               (2)         A permittee who receives an electrical or fire permit
79      pursuant to this section shall keep shop drawings or other
80      required documentation on site at the time of inspection.
81               Section 4.         This act shall take effect July 1, 2022.




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                                                                                                             hb0669-00
                      REGULATORY REFORM SUBCOMMITTEE

                                 HB 669 by Rep. Maggard
                                     Alarm Systems

                                 AMENDMENT SUMMARY
                                    January 12, 2021


Amendment 1 by Rep. Maggard (line 50):
      •   Clarifies that a low-voltage closed-circuit television system used to signal or detect a
          fire, robbery, or medical emergency is a low-voltage alarm system project.
      •   Provides that a local building department may not require a licensed electrical or
          alarm system contractor to provide plans in order to obtain a building permit for a
          “fire alarm system project.”
               o A local building department may require a licensed electrical or alarm system
                   contractor to submit a completed permit application and payment.
      •   Defines “fire alarm system project” as:
               o A fire alarm system alteration of a total of 20 or fewer initiating devices and
                   notification devices; or
               o The installation or replacement of a fire communicator connected to an
                   existing fire alarm control panel in an existing commercial, residential,
                   apartment, cooperative, or condominium building.
      •   Requires a local government that issues a building permit for a fire alarm system
          project to require at least one inspection to ensure the work complies with the
          applicable building and fire prevention codes.
      •   Requires an electrical contractor or alarm system contractor to keep plans for a fire
          alarm system project at the worksite and available for the inspector.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 669   (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 Maggard offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 50-80 and insert:
 7          Section 2.   Paragraph (b) of subsection (1) of section
 8     553.793, Florida Statutes, is amended to read:
 9          553.793   Streamlined low-voltage alarm system installation
10     permitting.—
11          (1)    As used in this section, the term:
12          (b)    "Low-voltage alarm system project" means a project
13     related to the installation, maintenance, inspection,
14     replacement, or service of a new or existing alarm system, as
15     defined in s. 489.505, including closed-circuit television
16     systems used to signal or detect a burglary, fire, robbery, or
     204523 - h0669-line 50.docx
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                                   Page 1 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 669    (2022)
       Amendment No. 1


17     medical emergency, that is hardwired and operating at low
18     voltage, as defined in the National Electrical Code Standard 70,
19     Current Edition, or a new or existing low-voltage electric
20     fence., and The term also includes ancillary components or
21     equipment attached to such a low-voltage alarm system or low-
22     voltage electric fence, including, but not limited to, home-
23     automation equipment, thermostats, closed-circuit television
24     systems, access controls, battery recharging devices, and video
25     cameras.
26          Section 3.     Section 553.7932, Florida Statutes, is created
27     to read:
28          553.7932   Simplified permitting process for fire alarm
29     system projects.—
30          (1)   As used in this section, the term:
31          (a)   “Contractor” means a person who is qualified to engage
32     in the business of electrical or alarm system contracting
33     pursuant to a certificate or registration issued by the
34     department under part II of chapter 489.
35          (b)   “Fire alarm system project” means a fire alarm system
36     alteration of a total of 20 or fewer initiating devices an d
37     notification devices, or the installation or replacement of a
38     fire communicator connected to an existing fire alarm control
39     panel in an existing commercial, residential, apartment,
40     cooperative, or condominium building.


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                                    Page 2 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 669   (2022)
       Amendment No. 1


41          (2)(a)   A local enforcement agency may require a
42     contractor, as a condition of obtaining a permit for a fire
43     alarm system project, to submit a completed application and
44     payment.
45          (b)   A local enforcement agency may not require a
46     contractor to submit plans or specifications as a condition of
47     obtaining a permit for a fire alarm system project.
48          (3)   A local enforcement agency may issue a permit for a
49     fire alarm system project in person or electronically.
50          (4)   A local enforcement agency must require at least one
51     inspection of a fire alarm system project to ensure compliance
52     with applicable codes and standards. If a fire alarm system
53     project fails an inspection, the contractor must take corrective
54     action as necessary to pass inspection.
55          (5)   A contractor must keep a copy of the plans and
56     specifications at a fire alarm system project worksite and make
57     such plans and specifications available to the inspector at each
58     inspection.
59
60           -----------------------------------------------------
61                        T I T L E   A M E N D M E N T
62          Remove lines 12-17 and insert:
63          systems; creating s. 553.7932, F.S.; providing a
64          definition for “contractor” and “fire alarm system
65          project”; providing that a local enforcement agency
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                                   Page 3 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 669   (2022)
       Amendment No. 1


66          may not require plans or specifications for certain
67          permits; providing that a local enforcement agency may
68          issue certain permits in person or electronically;
69          requiring local enforcement agencies to perform at
70          least one inspection for certain projects; requiring a
71          contractor to keep certain documents at a worksite for
72          certain projects;




     204523 - h0669-line 50.docx
      Published On: 1/11/2022 5:20:20 PM
                                   Page 4 of 4
HB 723
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 723 Medical Treatment of Animals
SPONSOR(S): Buchanan
TIED BILLS:       IDEN./SIM. BILLS: SB 448

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Regulatory Reform Subcommittee                                                   Thompson           Anstead

  2) Commerce Committee


                                                SUMMARY ANALYSIS
In Florida, the practice of “veterinary medicine” means the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease. Veterinarians are regulated by the Board of Veterinary Medicine (Board) in
the Department of Business and Professional Regulation (DBPR) pursuant to ch. 474, F.S., relating to
veterinary medical practice (practice act). The purpose of the practice act is to ensure that every veterinarian
practicing in this state meets minimum requirements for safe practice to protect public health and safety.

Current law defines a “veterinarian/client/patient relationship” (VCPR) as one in which a veterinarian has
assumed responsibility for making medical judgments about the health of an animal and its need for medical
treatment. Veterinarians are permitted to prescribe drugs in the course of veterinary practice; however, the
veterinarian must be either personally acquainted with the keeping and caring of the animal and have recently
seen the animal, or have made medically appropriate and timely visits to the premises where the animal is kept
before prescribing drugs in the course of practice.

The use of electronic communications to facilitate patient health care (telemedicine) is not addressed in the
practice act and is not specifically prohibited or authorized in Florida. However, medical doctors may practice
telemedicine in Florida and may establish a patient relationship with a patient evaluation via telemedicine
under certain circumstances.

The bill:
    Establishes a framework for the practice of veterinary telemedicine.
    Limits a veterinarian’s ability to prescribe controlled substances while practicing telemedicine to
        situations where:
            o The veterinarian has previously performed an in-person physical examination or made medically
                appropriate and timely visits to the premises where the animal is kept; or
            o The veterinarian is treating a terminal patient transferred to the veterinarian for hospice care by
                a veterinarian who previously performed an in-person physical examination of the patient and
                such veterinarian has reviewed the patient's medical records.
    Specifies that only Florida licensed veterinarians may practice veterinary telemedicine, and grants the
        Board jurisdiction over the practice of veterinary telemedicine.
    Allows an animal control authority under the “indirect supervision” of a veterinarian to administer rabies
        vaccinations.

The bill is not expected to have a fiscal impact on state or local government, and may have a positive fiscal
impact on the private sector.

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: h0723.RRS
DATE: 1/10/2022
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Practice of Veterinary Medicine

         The Board of Veterinary Medicine (Board) in the Department of Business and Professional Regulation
         (DBPR) implements the provisions of ch. 474, F.S., relating to veterinary medical practice (practice
         act). The purpose of the practice act is to ensure that every veterinarian practicing in this state meets
         minimum requirements for safe practice to protect public health and safety.1

         A “veterinarian” is a health care practitioner licensed by the Board to engage in the practice of
         veterinary medicine in Florida2 and subject to disciplinary action from the Board for various violations of
         the practice act.3

         The practice of “veterinary medicine” is the diagnosis of medical conditions of animals, and the
         prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a
         wound, fracture, bodily injury, or disease, or holding oneself out as performing any of these functions. 4

         Veterinary medicine includes, with respect to animals: 5
             Surgery;
             Acupuncture;
             Obstetrics;
             Dentistry;
             Physical therapy;
             Radiology;
             Theriogenology (reproductive medicine);6 and
             Other branches or specialties of veterinary medicine.

         The practice act does not apply to the following categories of persons:
             Veterinary aides, nurses, laboratory technicians, preceptors,7 or other employees of a licensed
                veterinarian, who administer medication or provide help or support under the responsible
                supervision8 of a licensed veterinarian;
             Certain non-Florida licensed veterinarians who are consulting upon request of a Florida-licensed
                veterinarian on the treatment of a specific animal or on the treatment on a specific case of the
                animals of a single owner.
             Faculty veterinarians when they have assigned teaching duties at accredited 9 institutions;
             Certain graduated intern/resident veterinarians of accredited institutions;

1 S. 474.201,   F.S.
2 S. 474.202(11),  F.S.
3 Ss. 474.213  & 474.214, F.S.
4 See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of

any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
5 See s. 474.202(13), F.S. Section 474.202(1), F.S., which defines “animal” as “any mammal other than a human being or any bird,

amphibian, fish, or reptile, wild or domestic, living or dead.”
6 The Society for Theriogenology, established in 1954, is composed of veterinarians dedicated to standards of excellence in animal

reproduction. See https://www.therio.org/ (last visited Jan. 5, 2022).
7 A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinical setting to

allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited Jan. 5, 2022).
8 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor

of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
9 Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medica l

Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
STORAGE NAME: h0723.RRS                                                                                                            PAGE: 2
DATE: 1/10/2022
                  Certain students in a school or college of veterinary medicine who perform assigned duties by
                   an instructor or work as preceptors;
                  Certain doctors of veterinary medicine employed by a state agency or the United States
                   Government;
                  Persons or their employees caring for the persons’ own animals, as well as certain part-time or
                   temporary employees, or independent contractors, who are hired by an owner to help with herd
                   management and animal husbandry tasks; and
                  Certain entities or persons 10 that conduct experiments and scientific research on animals as part
                   of the development of pharmaceuticals, biologicals, serums, or treatment methods of treatment
                   or techniques to diagnose or treatment of human ailments, or in the study and development of
                   methods and techniques applicable to the practice of veterinary medicine. 11

         Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
         permit issued by DBPR.12 Each person to whom a veterinary license or premises permit is issued must
         conspicuously display such document in her or his office, place of business, or place of employment in
         a permanent or mobile veterinary establishment or clinic. 13

         By virtue of accepting a license to practice veterinary medicine in Florida, a veterinarian consents to:
             Render a handwriting sample to an agent of the department and, further, to have waived any
                 objections to its use as evidence against her or him.
             Waive the confidentiality and authorize the preparation and release of medical reports
                 pertaining to the mental or physical condition of the licensee when the department has reason
                 to believe that a violation of this chapter has occurred and when the department issues an
                 order, based on the need for additional information, to produce such medical reports for the time
                 period relevant to the complaint.14

         For Fiscal Year 2020-2021, there were 12,156 actively licensed veterinarians in Florida. DBPR
         received 472 complaints, which resulted in 17 disciplinary actions.15

         Veterinarian/Client/Patient Relationship

         The practice act defines a “patient” as any animal for which the veterinarian practices veterinary
         medicine.16

         The practice act defines a “veterinarian/client/patient relationship” (VCPR) as one in which a
         veterinarian has assumed responsibility for making medical judgments about the health of an animal
         and its need for medical treatment.17

         Veterinarians are permitted to prescribe drugs in the course of veterinary practice, but may be
         disciplined by the Board for certain related violations, including ordering, prescribing, or making
         available medicinal drugs or drugs 18 or controlled substances 19 for use other than for the specific
         treatment of animal patients for which there is a documented VCPR and without:
              Having sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis
                  of the medical condition of the animal, which means that the veterinarian is personally

10 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institutions, foundations ,
business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doctors of
veterinary medicine, or persons under the direct supervision thereof . . . .”
11 See s. 474.203, F.S.
12 S. 474.215(1), F.S.
13 S. 474.216, F.S.
14 S. 474.2185, F.S.
15 Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 2020 -2021,

http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY2021 .pdf (last visited Jan. 5, 2022).
16 S. 474.202(8), F.S.
17 S. 474.202(12), F.S.
18 S. 465.003(8), F.S.
19 S. 893.02(4), F.S.
STORAGE NAME: h0723.RRS                                                                                                             PAGE: 3
DATE: 1/10/2022
                   acquainted with the keeping and caring of the animal and has recently seen the animal or has
                   made medically appropriate and timely visits to the premises where the animal is kept;
                  Being available to provide for follow-up care and treatment in case of adverse reactions or
                   failure of the regimen of therapy; and
                  Maintaining records which document patient visits, diagnosis, treatment, and other relevant
                   information required under the practice act.20

         Veterinary Telemedicine

         The use of electronic communications to facilitate patient health care (telemedicine) is not addressed in
         the practice act and is not specifically prohibited or authorized for practitioners of veterinary medicine in
         Florida.21

         Veterinary Telemedicine During the Pandemic

         On March 24, 2020, the U.S. Food and Drug Administration (FDA) announced that it would temporarily
         suspend enforcement of certain prescription limitations in order to allow veterinarians to better utilize
         telemedicine to address animal health needs during the COVID-19 pandemic. Specifically, the FDA has
         provided guidance related to suspending the enforcement of the animal examination and premises visit
         VCPR requirements relevant to FDA regulations governing Extralabel Drug Use in Animals22 and
         Veterinary Feed Directive Drugs.23 This allows veterinarians to prescribe or authorize the use of
         drugs without direct examination or making visits to patients, which will limit human-to-human
         interaction and potential spread of COVID-19 in the community.24

         According to the FDA, veterinarians are licensed by their state veterinary licensing board and must
         meet the requirements of the licensing board to practice in that state. FDA regulates the devices and
         drugs that veterinarians use, and the conditions under which veterinarians may prescribe drugs for
         extra-label uses. When an approved drug is used in a manner other than what is stated on the label, it
         is an extra-label use. This is commonly called an “off-label” use because the drug is used in a way that
         is “off the label.”25

         On March 27, 2020, DBPR issued emergency order EO 2020-04, which suspends any restriction of ch.
         474, F.S., or ch. 61G-18, F.A.C., which would prohibit an active Florida-licensed veterinarian from
         practicing telemedicine on a patient. The order specifies that attending veterinarians must be
         comfortable assessing the patient remotely and feel able to exercise good clinical judgment to assist
         the patient.26 The emergency order ended with the expiration of Florida’s COVID-19 state of emergency
         (EO 20-52) on Saturday June 26, 2021.27

         Veterinary Telemedicine in Other States

         The use of telemedicine by veterinarians varies by state. Some states allow telemedicine to be used at
         the veterinarian’s discretion, others allow it after the establishment of a VCPR, some do not allow it at

20 S. 474.214(1)(y)., F.S.
21 R. 64B8-9.0141,  F.A.C. Currently, medical doctors may practice telemedicine in Florida in a patient relationship with a patient
evaluation, under certain circumstances.
22 21 C.F.R. part 530.
23 21 C.F.R. § 558.6.
24 U.S. Food and Drug Administration, Coronavirus (COVID-19) Update: FDA Helps Facilitate Veterinary Telemedicine During

Pandemic, https://www.fda.gov/news -events/press-announcements/coronavirus -covid-19-update-fda-helps-facilitate-veterinary-
telemedicine-during-pandemic (last visited Jan. 25, 2022).
25 .S. Food and Drug Administration, What FDA Does and Does Not Regulate, https://www.fda.gov/animal-veterinary/animal-health-

literacy/what-fda-does-and-does-not-regulate#top (last visited Jan. 5, 2022).
26 Department of Business and Professional Regulation, Emergency Order EO 2020-04, Mar. 27, 2020,

http://www.myfloridalicense.com/dbpr/os/documents/EO_2020 -04.pdf (last visited Jan. 5, 2022).
27 On March 9, 2020, Governor DeSantis issued Executive Order 20-52 which declared a state of emergency for the entire state due to

COVID-19. The Executive Order was extended several times. Executive Order 21-94 extended the state of emergency for sixty days
from April 27, 2021. The sixtieth day was Saturday June 26, 2021, and the order was not renewed by the Governor.
STORAGE NAME: h0723.RRS                                                                                                    PAGE: 4
DATE: 1/10/2022
          all, and others limit telemedicine for purposes of prescribing medication or controlled substances.

          Virginia allows veterinarians to practice telemedicine. In addition, it allows a veterinarian who performs
          or has performed an appropriate examination of a patient to prescribe certain controlled substances to
          a patient via the practice of telemedicine. The Virginia Board of Veterinary Medicine adopted guidance
          effective September 17, 2020, for telehealth in the practice of veterinary medicine, which indicates that:

              “Using telehealth technologies in veterinary practice is considered a method of service
              delivery. The current, applicable regulations apply to all methods of service delivery,
              including telehealth. The licensee is responsible for using professional judgment to
              determine if the type of service can be delivered via telehealth at the same standard of care
              as in-person service.”28

          The Idaho Board of Veterinary Medicine provides the following guidance on telehealth:

              “The veterinarian must employ sound profession judgment to determine whether using
              Telehealth is appropriate in particular circumstances each and every time animal care is
              provided and only provide medical advice or treatment via Telehealth to the extent that it is
              possible without a hands on examination. A veterinarian using Telehealth must take
              appropriate steps to obtain Informed Consent, establish the VCPR and conduct all
              appropriate evaluations and history of the patient consistent with traditional standards of
              care for the particular patient presentation. As such, some situations and patient
              presentations are appropriate for the utilization of Telehealth as a component of, or in lieu
              of, hands on medical care, while others are not.” 29

          The state of Oklahoma only allows a veterinarian to prescribe drugs via telemedicine under the
          following conditions:

              “The veterinarian accepts that he or she cannot prescribe drugs when practicing via
              telehealth alone, unless the veterinarian has sufficient knowledge of the animal or group of
              animals by virtue of a history and inquiry, and either physical examination or medically
              appropriate and timely visits to the premises where the animal or group of animals is
              kept.”30

          The state of Washington only allows telemedicine after a VCPR has been established:

              “The veterinarian shall not establish a veterinary-client-patient relationship solely by
              telephonic or other electronic means. However, once established, a veterinary-client-patient
              relationship may be maintained between medically necessary examinations via telephone
              or other types of consultations.”31

          Michigan recently repealed the need for an in-person exam prior to practicing telemedicine. Effective
          April 15, 2021, a veterinarian providing a “telehealth service” is required to have sufficient knowledge of
          the animal patient by having recently examined the animal patient in person or obtained current
          knowledge of the animal patient through the use of instrumentation and diagnostic equipment through
          which images and medical records may be transmitted electronically, or have conducted medically
          appropriate and timely visits to the premises where the group of animal patients is kept. 32


28 Virginia  Board of Veterinary Medicine, Guidance for Telehealth in the Practice of Veterinary Medicine, Guidance Document: 150 -
25, https://www.dhp.virginia.gov/media/dhpweb/docs/vet/guidance/150-25.pdf (last visited Jan. 5, 2022).
29 Idaho Veterinary Medical Association, State specific questions for Idaho – Essential services, taxes, telehealth, IDAHO BOARD OF

VETERINARY MEDICINE – TELEMEDICINE STATEMENT, https://www.ivma.org/2020/03/ 26/ idaho-essential-services-extended-
tax-filing-deadline/ (last visited Jan. 5, 2022).
30 Oklahoma State Board of Veterinary Medical Examiners, Board Telemedicine/Telehealth Position Statement,

https://www.okvetboard.com/veterinarian-faq/95-board-telemedicine-telehealth-position-statement (last visited Jan. 5, 2022).
31 Wash. Rev. Code § 246-933-200(2).
32 Mich. Gen. R. 338.4901a.
STORAGE NAME: h0723.RRS                                                                                                    PAGE: 5
DATE: 1/10/2022
         Florida Telehealth for Medical Doctors

         Effective July 1, 2019,33 Florida law authorizes Florida-licensed health care providers 34 to use
         “telehealth” to deliver health care services within their respective scopes of practice. 35 The law also
         authorizes out-of-state health care providers to use telehealth to deliver health care services to Florida
         patients if they register with the Department of Health (DOH) or the applicable board36 and meet certain
         eligibility requirements.37 A registered out-of-state telehealth provider may use telehealth, within the
         relevant scope of practice established by Florida law and rule, to provide health care services to Florida
         patients but is prohibited from opening an office in Florida and from providing in-person health care
         services to patients located in Florida.

         On March 16, 2020, Surgeon General Scott Rivkees executed DOH Emergency Order 20-002
         authorizing certain out-of-state physicians, osteopathic physicians, physician assistants, and advanced
         practice registered nurses to provide telehealth in Florida without the need to register as a telehealth
         provider under s. 456.47(4), F.S.38 This emergency order ended with the expiration of Florida’s COVID-
         19 state of emergency (EO 20-52) on June 26, 2021.39

         The Surgeon General also executed DOH Emergency Order 20-00340 authorizing certain out-of-state
         clinical social workers, marriage and family therapists, mental health counselors, and psychologists to
         provide telehealth in Florida without the need to register as a telehealth provider under s. 456.47(4),
         F.S. This emergency order also ended on June 26, 2021.41

         Controlled Substances

         Chapter 893, F.S., sets forth the Florida Comprehensive Drug Abuse Prevention and Control Act. This
         chapter classifies controlled substances into five schedules in order to regulate the manufacture,
         distribution, preparation, and dispensing of the substances. The scheduling of substances in Florida
         law is generally consistent with the federal scheduling of substances under 21 U.S.C. s. 812:
              A Schedule I substance has a high potential for abuse and no currently accepted medical use in
                 treatment in the United States and its use under medical supervision does not meet accepted
                 safety standards. Examples include heroin and lysergic acid diethylamide (LSD).
              A Schedule II substance has a high potential for abuse, a currently accepted but severely
                 restricted medical use in treatment in the United States, and abuse may lead to severe
                 psychological or physical dependence. Examples include cocaine and morphine.
              A Schedule III substance has a potential for abuse less than the substances contained in
                 Schedules I and II, a currently accepted medical use in treatment in the United States, and
                 abuse may lead to moderate or low physical dependence or high psychological dependence or,
                 in the case of anabolic steroids, may lead to physical damage. Examples include lysergic acid;
                 ketamine; and some anabolic steroids.

33 Chapter 2019-137,    s. 6, Laws of Fla.
34 S. 456.47(1)(b),  F.S.
35 See also s. 394.453(3), F.S. The Florida Mental Health Act (popularly known as “The Baker Act,” s. 394.451, F.S.), contains a

legislative finding that “the use of telemedicine for patient evaluation, case management, and ongoing ca re will improve management
of patient care and reduce costs of transportation.”
36 Under s. 456.001(1), F.S., the term “board” is defined as any board, commission, or other statutorily created entity, to the extent

such entity is authorized to exercise regulatory or rulemaking functions within the DOH or, in some cases, within the DOH’s Division
of Medical Quality Assurance.
37 Section 456.47(4), F.S.
38 Department of Health, State of Florida, Emergency Order DOH No. 20-002 (Mar. 16, 2020) http://floridahealthcovid19.gov/wp-

content/uploads/2020/03/filed-eo-doh-no.-20-002-medical-professionals-03.16.2020.pdf (last visited Jan. 5, 2022).
39 On March 9, 2020, Governor DeSantis issued Executive Order 20-52 which declared a state of emergency for the entire state due to

COVID-19. The Executive Order was extended several times. Executive Order 21-94 extended the state of emergency for sixty days
from April 27, 2021. The sixtieth day was Saturday June 26, 2021, and the order was not renewed by the Governor.
40 Department of Health, State of Florida, Emergency Order DOH No. 20-003 (Mar. 21, 2020) https://s33330.pcdn.co/wp-

content/uploads/2020/03/DOH-EO-20-003-3.21.2020.pdf (last visited Jan. 5, 2022).
41 On March 9, 2020, Governor DeSantis issued Executive Order 20-52 which declared a state of emergency for the entire state due to

COVID-19. The Executive Order was extended several times. Executive Order 21-94 extended the state of emergency for sixty days
from April 27, 2021. The sixtieth day was Saturday June 26, 2021, and the order was not renewed by the Governor.
STORAGE NAME: h0723.RRS                                                                                                       PAGE: 6
DATE: 1/10/2022
                     A Schedule IV substance has a low potential for abuse relative to the substances in
                      Schedule III, a currently accepted medical use in treatment in the United States, and abuse may
                      lead to limited physical or psychological dependence relative to the substances in Schedule III.
                      Examples include alprazolam, diazepam, and phenobarbital.
                     A Schedule V substance has a low potential for abuse relative to the substances in
                      Schedule IV, a currently accepted medical use in treatment in the United States, and abuse
                      may lead to limited physical or psychological dependence relative to the substances in
                      Schedule IV. Examples include low dosage levels of codeine, certain stimulants, and certain
                      narcotic compounds.

         Prescription Drug Law for Medical Doctors

         Section 456.44, F.S., limits the authorization to prescribe only a three-day supply of a Schedule II
         opioid42 or up to a seven-day supply if medically necessary. The prescribing limits on Schedule II
         opioids do not apply to prescriptions for acute pains related to: cancer, a terminal condition, pain
         treated with palliative care, or a traumatic injury with an Injury Severity Score of 9 or higher.43 A
         prescriber and dispenser must also report to and review the Prescription Drug Monitoring Program
         database to review a patient’s controlled substance dispensing history prior to prescribing or dispensing
         a Schedule II-IV controlled substance for patients 16 years older.44 These limitations and requirements
         apply to practitioners providing services in-person and through telehealth.

         Section 456.47(2)(c), F.S., prohibits telehealth providers from prescribing any controlled substance
         unless the controlled substance is prescribed for:
              The treatment of a psychiatric disorder;
              Inpatient treatment at a licensed hospital;
              The treatment of a patient receiving hospice services; or
              The treatment of a resident of a nursing home facility.

         According to a study published by the University of Florida College of Pharmacy, 45 the “2018 Florida
         law restricting opioid prescriptions for acute pain has led to a drop in opioid use.” Specifically, the study
         “found the number of new opioid users per month dropped 16 percent immediately after the law was
         implemented, and the number of new users continues to decrease each month. Additionally, the
         average days’ supply fell from 5.4 days prior to the law to three days. The law was also associated with
         an immediate decrease in the use of hydrocodone, the most commonly used Schedule II opioid.”46

         Prescription Drug Law for Veterinarians

         In order to purchase, prescribe, administer or dispense controlled substances in Florida, veterinarians
         must obtain a license from the U.S. Drug Enforcement Administration (DEA). Florida does not require
         any additional licensure for veterinarians to purchase and prescribe controlled drugs. 47

         The DEA is a division within the U.S. Department of Justice and reports to the U.S. Attorney General.
         In consultation with the U.S. Secretary of the federal Department of Health and Human Services (HHS)
         and others, the Attorney General oversees the listing of substances on five schedules (Classes I, II, III,
         IV or V) of controlled agents as described in Title 21 United States Code (USC) of the Controlled



42 All opioids are controlled substances. Opioids range in classification between Schedule I and Schedule V.
43 S. 456.44(1)(a), F.S.
44 S. 893.055, F.S.
45 Juan M. Hincapie-Castillo, Changes in Opioid Use After Florida’s Restriction Law for Acute Pain Prescriptions (Feb. 28, 2020),

https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2762015?ut m_source=For_The_Media&utm_med iu m=referral&utm_c
ampaign=ftm_links&utm_term=022820 (last visited Jan. 5, 2022).
46 Matthew Splett, UF College of Pharmacy, Department of Pharmaceutical Out comes and Policy (Feb. 27, 2020),

https://ufhealth.org/news/2020/new-florida-law-leads-decline-opioid-use-according-uf-study (last visited Jan. 5, 2022).
47 Thomas Vickory, PhD, DEA REGULATION OF CONTROLLED DRUGS, https://www.vetfolio.com/learn/article/florida-drug-

laws-update-2013 (last visited Jan. 5, 2022).
STORAGE NAME: h0723.RRS                                                                                                   PAGE: 7
DATE: 1/10/2022
         Substances Act. The central mission of the DEA is to enforce controlled substances laws and
         regulations.48

         With respect to veterinarians and other health professionals, the major focus of the DEA is to prevent
         illegal diversion of controlled prescription drugs for the purpose of illicit or non-medical uses. In order to
         legally purchase, dispense or prescribe controlled prescription drugs, a veterinarian must be licensed
         by the DEA. Prescription drugs that are regulated or controlled by the DEA include many important
         drugs that are used routinely by veterinarians. DEA-controlled drugs are tightly controlled at all aspects
         of manufacturing, distribution, ordering, storage, use and disposition.49

         While veterinarians are allowed to write prescriptions for controlled drugs, they cannot order controlled
         drugs from their local pharmacy for “in-house” use nor for secondary re-sale. Like any other
         prescription, controlled drug prescriptions must be written for a specific patient and cannot be for
         general use. As a licensed DEA registrant, veterinarians are expected to create and maintain a system
         that provides strong safeguards against theft or diversion of controlled drugs in their practice. 50

         Two opioids are approved and marketed for use in animals, butorphanol and buprenorphine. Due to the
         limited number of approved and marketed veterinary opioids, veterinarians who need to use opioids to
         control pain in their patients generally use products approved for use in people.51

         Federal Controlled Substance Law52

         The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 53 amended the federal Controlled
         Substances Act, to prohibit a practitioner from issuing a “valid prescription” for a controlled substance
         through the Internet without having first conducted at least one in-person medical evaluation, except in
         certain circumstances. Thereafter, the prescriber may prescribe controlled substances to that patient
         via Internet or a phone call. The Act offers seven exceptions to the in-person exam. One such
         exception occurs when the U.S. Secretary of HHS has declared a public health emergency.

         Florida DOH Emergency Order No. 20-002

         The U.S. Secretary of HHS authorized qualified prescribers to prescribe Schedule II-V controlled
         substances, and Surgeon General Rivkees issued DOH Emergency Order No. 20-002,54 which
         suspended s. 456.47(2)(c), F.S., and authorized specified Florida-licensed prescribers 55 to issue a
         renewal prescription for a Schedule II-IV controlled substance only for an existing patient for the
         purpose of treating chronic nonmalignant pain without conducting another physical examination of the
         patient. This emergency order ended with the expiration of Florida’s COVID-19 state of emergency (EO
         20-52) on Saturday June 26, 2021.56

         Federal Prescription Guidance During the COVID-19 Public Health Emergency




48 Thomas, supra note 46.
49 Thomas, supra note 46.
50 Thomas, supra note 46.
51 U.S. FDA, The Opioid Epidemic: What Veterinarians Need to Know, https://www.fda.gov/animal-veterinary/resources-you/opioid-

epidemic-what-veterinarians-need-know (last visited Jan. 5, 2022).
52 21 U.S.C. s. 829.
53 Public Law No. 110-435 (2008).
54 Department of Health, State of Florida, Emergency Order DOH No. 20-002 (Mar. 16, 2020) http://floridahealthcovid19.gov/wp-

content/uploads/2020/03/filed-eo-doh-no.-20-002-medical-professionals-03.16.2020.pdf (last visited Feb. 14, 2021).
55 Physicians, osteopathic physicians, physician assistants, or advanced practice registered nurses that have designated themselves as a

controlled substance prescribing practitioner on their practitioner profiles pursuant to s. 456.44, F.S.
56 On March 9, 2020, Governor DeSantis issued Executive Order 20-52 which declared a state of emergency for the entire state due to

COVID-19. The Executive Order was extended several times. Executive Order 21-94 extended the state of emergency for sixty days
from April 27, 2021. The sixtieth day was Saturday June 26, 2021, and the order was not renewed by the Governor.
STORAGE NAME: h0723.RRS                                                                                                         PAGE: 8
DATE: 1/10/2022
         On January 31, 2020, the U.S. Secretary of HHS issued a public health emergency.57 On March 16,
         2020, the DEA published a COVID-19 Information page on the Diversion Control Division website,
         authorizing DEA-registered practitioners to issue prescriptions for all Schedule II-V controlled
         substances to patients without first conducting an in-person medical evaluation, provided all of the
         following conditions are met:
               The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual
                 course of his/her professional practice.
               The evaluation is conducted using an audio-visual, real-time, two-way interactive
                 communication system.
               The practitioner is acting in accordance with applicable federal and state law. 58

         Rabies Vaccinations

         All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian
         against rabies with a vaccine that is licensed by the U.S. Department of Agriculture (USDA) for use in
         those species. The owner must have the animal revaccinated 12 months after the initial vaccination,
         and subsequent vaccinations must conform to the vaccine manufacturer’s directions. The cost of
         vaccination must be borne by the animal’s owner. Violations of this requirement are a civil infraction,
         punishable as provided in s. 828.27(2), F.S.59

         Currently, Florida law does not appear to allow anyone other than the veterinarian to administer the
         rabies vaccine. The law allows certain vaccines, anesthesia and tranquilization to be administered by a
         veterinary aide, nurse, laboratory technician, intern, or other employee of a licensed veterinarian while
         under the “immediate supervision” of a licensed veterinarian. 60 In addition, the following tasks may be
         performed without the licensed veterinarian on the premises:
              The administration of medication and treatment, excluding vaccinations, as directed by the
                 licensed veterinarian; and
              The obtaining of samples and the performance of those diagnostic tests, including radiographs,
                 directed by the licensed veterinarian.61

         The Board has recognized that the following diseases are communicable to humans and are of public
         health significance, and as a result, only a veterinarian is authorized to immunize or treat an animal
         for these diseases. The diseases include:
               Brucellosis.
               Tuberculosis.
               Rabies.
               Equine Encephalomyelitis.62

         Effect of the Bill

         The bill allows licensed veterinarians to practice veterinary telemedicine, and indirectly supervise rabies
         vaccinations of impounded animals, as follows:

         Veterinary Telemedicine

57 Determination  that a Public Health Emergency Exists, Alex M. Azar II, Secretary of U.S. Department of Healt h and Human
Services (January 31, 2020) https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx (last visited Jan. 5,
2022).
58 Diversion Control Division, U.S. Department of Justice Drug Enforcement Administration, COVID-19 Information Page,

https://www.deadiversion.usdoj.gov/coronavirus.html (last visited Jan. 5, 2022). Letter from Thomas Prevoznik, Deputy Assistant
Administrator, Diversion Control Division, U.S. Department of Justice Drug Enforcement Administration, to DEA Qualifying
Practitioners and Other Practitioners, (Mar. 31, 2020) https://www.deadiversion.usdoj.gov/GDP/(DEA-DC-
022)(DEA068)%20DEA%20SAMHSA%20buprenorphine%20telemedicine%20%20(Final)%20+Esign.pdf (last visited Jan. 5, 2022).
59 S. 828.30(1), F.S.
60 S. 474.202(5), F.S., defines “immediate supervision” or words of similar purport to mean a licensed doctor of veterinary medicine is

on the premises whenever veterinary services are being provided.
61 R. 61G18-17.005, F.A.C.
62 R. 61G18-17.006, F.A.C.
STORAGE NAME: h0723.RRS                                                                                                        PAGE: 9
DATE: 1/10/2022
              Defines “veterinary telemedicine” to means the use of synchronous telecommunication
               technology by a veterinarian who has access to and has reviewed the patient's relevant medical
               records to provide veterinary services, including, but not limited to, consultation, evaluation,
               diagnosis, and treatment of a patient; transfer of medical records; and exchange of information
               with a client.
              Requires a veterinarian practicing veterinary telemedicine to take appropriate steps to establish
               the VCPR, and provide quality of care, consistent with the prevailing professional standards of
               care for a veterinarian.
              Only allows a veterinarian practicing telemedicine to prescribe controlled substances if the
               veterinarian:
                   o Has previously performed an in-person physical examination of the patient or made
                       medically appropriate and timely visits to the premises where the animal is kept; or
                   o For a terminal patient that is transferred to the veterinarian for hospice care by a
                       veterinarian who has previously performed an in-person physical examination of the
                       patient or made medically appropriate and timely visits to the premises where the animal
                       is kept, has reviewed the patient's medical records.
              Revises the requirement that a veterinarian have “seen the animal” in order to prescribe
               medicinal drugs and controlled substances, to instead require the veterinarian to have recently
               performed an examination of the animal or group of animals:
                   o Physically in person; or
                   o By the use of instrumentation and diagnostic equipment through which images and
                       medical records may be transmitted electronically or made medically appropriate and
                       timely visits to the premises where the animal is kept.
              Requires veterinarians to hold a current license to practice veterinary medicine in Florida in
               order to practice veterinary telemedicine.
              Specifies that the practice of veterinary medicine is deemed to occur at the premises where the
               patient is located at the time the veterinarian practices veterinary telemedicine.
              Grants the Board jurisdiction over a veterinarian practicing veterinary telemedicine in Florida,
               regardless of where the veterinarian’s physical offices are located.
              Specifies that the practice of veterinary telemedicine is not a violation of the standard of care,
               and a veterinarian may not be disciplined solely for practicing veterinary telemedicine.

       Rabies Vaccinations
           Allows an employee, agent, or contractor of an animal control authority acting under the indirect
             supervision of a veterinarian to administer rabies vaccinations to impounded animals that will be
             transferred, rescued, fostered, adopted, or reclaimed by the owner.
           Defines "indirect supervision," to mean the supervising veterinarian must be available for
             consultation through telecommunications but is not required to be on the premises during such
             consultation.
                 o The supervising veterinarian assumes responsibility for the veterinary care given to the
                      animal by any person working under or at his or her direction and supervision.
           Authorizes veterinarians who supervise an employee, agent, or contractor of an animal control
             authority administering the rabies vaccination to an animal to affix his or her signature stamp in
             lieu of an actual signature.

   B. SECTION DIRECTORY:
       Section 1:     amends s. 474.202, F.S., providing a definition.

       Section 2:     creates s. 474.2021, F.S., authorizing the use of veterinary telemedicine; requiring a
                      veterinarian to establish a VCPR to practice veterinary telemedicine; authorizing a
                      veterinarian to prescribe controlled substances under specified circumstances; providing
                      licensure requirements to practice veterinary telemedicine; providing jurisdiction of the
                      Board of Veterinary Medicine.

       Section 3:     amends s. 474.203, F.S., providing an exception to who may immunize or treat an
                      animal for certain diseases.
STORAGE NAME: h0723.RRS                                                                                  PAGE: 10
DATE: 1/10/2022
       Section 4:     amends s. 474.214, F.S., revising grounds for disciplinary action against a veterinarian.

       Section 5:     amends s. 828.30, F.S., authorizing certain employees, agents, or contractors to
                      administer rabies vaccinations under certain circumstances; defining the term "indirect
                      supervision"; providing that a supervising veterinarian assumes responsibility for any
                      person working under or at his or her direction and supervision; authorizing a
                      veterinarian who indirectly supervises the administration of the rabies vaccination to affix
                      his or her signature stamp in lieu of an actual signature on the rabies vaccination
                      certificate.

       Section 6:     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:
           Indeterminate. Animal control authorities will be able to administer rabies vaccinations of
           impounded animals without a veterinarian having to be physically present. This may create a
           savings for local animal control authorities to the extent they are incurring extra veterinary costs
           associated with veterinarians being required to be onsite to administer rabies vaccinations.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Licensed veterinarians will be permitted to practice veterinary telemedicine, including limited controlled
       substance prescription authority, thus giving them more flexibility in their practice. This will move them
       further toward equal footing with licensed health care providers in the state who are already allowed to
       practice telehealth.

       Animal owners may have greater access to veterinarians and may feel more comfortable, especially
       during a state of emergency. Visitors and tourists with pets may be able to obtain veterinarian care
       while on vacation in Florida without the need for locating and transporting their animal to a
       veterinarian’s office.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

STORAGE NAME: h0723.RRS                                                                                    PAGE: 11
DATE: 1/10/2022
           Not applicable. The bill does not appear to affect county or municipal governments.

        2. Other:
           None.

    B. RULE-MAKING AUTHORITY:
        The bill authorizes employees, agents, or contractors of animal control authorities to administer rabies
        vaccinations under "indirect supervision" of a veterinarian. According to DBPR, “an amendment to r.
        61G18-17.006, F.A.C. will be required as the rule currently states that you must be a licensed
        veterinarian to provide rabies vaccinations.”63

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        None.


                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




63 Florida Department of Business and Professional Regulation, Agency Analysis of 2022 SB 448, p. 6 (Oct. 21, 2021).
STORAGE NAME: h0723.RRS                                                                                                PAGE: 12
DATE: 1/10/2022
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           HB 723                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to medical treatment of animals;
    3               amending s. 474.202, F.S.; providing a definition;
    4               creating s. 474.2021, F.S.; authorizing the use of
    5               veterinary telemedicine; requiring a veterinarian to
    6               establish a veterinarian/client/patient relationship
    7               to practice veterinary telemedicine; authorizing a
    8               veterinarian to prescribe controlled substances under
    9               specified circumstances; providing licensure
10                  requirements to practice veterinary telemedicine;
11                  providing jurisdiction of the Board of Veterinary
12                  Medicine; amending s. 474.203, F.S.; providing an
13                  exception to who may immunize or treat an animal for
14                  certain diseases; amending s. 474.214, F.S.; revising
15                  grounds for disciplinary action against a
16                  veterinarian; amending s. 828.30, F.S.; authorizing
17                  certain employees, agents, or contractors to
18                  administer rabies vaccinations under certain
19                  circumstances; defining the term "indirect
20                  supervision"; providing that a supervising
21                  veterinarian assumes responsibility for any person
22                  working under or at his or her direction and
23                  supervision; authorizing a veterinarian who indirectly
24                  supervises the administration of the rabies
25                  vaccination to affix his or her signature stamp in

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        HB 723                                                                                                2022




26               lieu of an actual signature on the rabies vaccination
27               certificate; providing an effective date.
28
29      Be It Enacted by the Legislature of the State of Florida:
30
31               Section 1.          Subsection (13) is added to section 474.202,
32      Florida Statutes, to read:
33               474.202        Definitions.—As used in this chapter:
34               (13)        "Veterinary telemedicine" means the use of
35      synchronous telecommunication technology by a veterinarian who
36      has access to and has reviewed the patient's relevant medical
37      records to provide veterinary services, including, but not
38      limited to, consultation, evaluation, diagnosis, and treatment
39      of a patient; transfer of medical records; and exchange of
40      information with a client.
41               Section 2.          Section 474.2021, Florida Statutes, is created
42      to read:
43               474.2021           Veterinary telemedicine.—
44               (1)         A veterinarian may practice veterinary telemedicine.
45               (2)         A veterinarian practicing veterinary telemedicine
46      shall take appropriate steps to establish the
47      veterinarian/client/patient relationship and provide quality of
48      care consistent with the prevailing professional standards of
49      care for a veterinarian.
50               (3)         A veterinarian may prescribe controlled substances

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        HB 723                                                                                                2022




51      only if the veterinarian:
52               (a)         Has previously performed an in-person physical
53      examination of the patient or made medically appropriate and
54      timely visits to the premises where the animal is kept; or
55               (b)         For a terminal patient that is transferred to the
56      veterinarian for hospice care by a veterinarian who has
57      previously performed an in-person physical examination of the
58      patient or made medically appropriate and timely visits to the
59      premises where the animal is kept, has reviewed the patient's
60      medical records.
61               (4)         A veterinarian must hold a current license to practice
62      veterinary medicine in this state in order to practice
63      veterinary telemedicine. The practice of veterinary medicine is
64      deemed to occur at the premises where the patient is located at
65      the time the veterinarian practices veterinary telemedicine.
66               (5)         The board has jurisdiction over a veterinarian
67      practicing veterinary telemedicine in this state, regardless of
68      where the veterinarian's physical office is located. The
69      practice of veterinary telemedicine in accordance with this
70      section is not a standard of care violation, and a veterinarian
71      may not be disciplined solely for practicing veterinary
72      telemedicine.
73               Section 3.         Paragraph (a) of subsection (5) of section
74      474.203, Florida Statutes, is amended to read:
75               474.203        Exemptions.—This chapter does not apply to:

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         HB 723                                                                                                2022




 76               (5)(a)        Any person, or the person's regular employee,
 77      administering to the ills or injuries of her or his own animals,
 78      including, but not limited to, castration, spaying, and
 79      dehorning of herd animals, unless title is transferred or
 80      employment provided for the purpose of circumventing this law.
 81      This exemption does not apply to any person licensed as a
 82      veterinarian in another state or foreign jurisdiction and
 83      practicing temporarily in this state. However, except as
 84      provided in s. 828.30, only a veterinarian may immunize or treat
 85      an animal for diseases that are communicable to humans and that
 86      are of public health significance.
 87
 88      For the purposes of chapters 465 and 893, persons exempt
 89      pursuant to subsection (1), subsection (2), or subsection (4)
 90      are deemed to be duly licensed practitioners authorized by the
 91      laws of this state to prescribe drugs or medicinal supplies.
 92               Section 4.         Paragraph (y) of subsection (1) of section
 93      474.214, Florida Statutes, is amended to read:
 94               474.214        Disciplinary proceedings.—
 95               (1)         The following acts shall constitute grounds for which
 96      the disciplinary actions in subsection (2) may be taken:
 97               (y)         Using the privilege of ordering, prescribing, or
 98      making available medicinal drugs or drugs as defined in chapter
 99      465, or controlled substances as defined in chapter 893, for use
100      other than for the specific treatment of animal patients for

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         HB 723                                                                                                2022




101      which there is a documented veterinarian/client/patient
102      relationship. Pursuant thereto, The veterinarian shall:
103               1.      Have sufficient knowledge of the animal to initiate at
104      least a general or preliminary diagnosis of the medical
105      condition of the animal, which means that the veterinarian is
106      personally acquainted with the keeping and caring of the animal
107      and has recently performed an examination of the animal or group
108      of animals either physically in person or by the use of
109      instrumentation and diagnostic equipment through which images
110      and medical records may be transmitted electronically seen the
111      animal or has made medically appropriate and timely visits to
112      the premises where the animal is kept.
113               2.      Be available or provide for followup care and treatment
114      in case of adverse reactions or failure of the regimen of
115      therapy.
116               3.      Maintain records which document patient visits,
117      diagnosis, treatment, and other relevant information required
118      under this chapter.
119               Section 5.        Subsections (1) and (3) of section 828.30,
120      Florida Statutes, are amended to read:
121               828.30      Rabies vaccination of dogs, cats, and ferrets.—
122               (1)(a)      Except as provided in paragraph (b), all dogs,
123      cats, and ferrets 4 months of age or older must be vaccinated by
124      a licensed veterinarian against rabies with a vaccine that is
125      licensed by the United States Department of Agriculture for use

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         HB 723                                                                                                2022




126      in those species.
127               (b)         An employee, agent, or contractor of an animal control
128      authority acting under the indirect supervision of a
129      veterinarian may vaccinate impounded animals that will be
130      transferred, rescued, fostered, adopted, or reclaimed by the
131      owner. As used in this paragraph, the term "indirect
132      supervision" means the supervising veterinarian must be
133      available for consultation through telecommunications but is not
134      required to be on the premises during such consultation. The
135      supervising veterinarian assumes responsibility for the
136      veterinary care provided to the animal by any person working
137      under or at his or her direction and supervision.
138               (c)         The owner of every dog, cat, and ferret shall have the
139      animal revaccinated 12 months after the initial vaccination.
140      Thereafter, the interval between vaccinations shall conform to
141      the vaccine manufacturer's directions. The cost of vaccination
142      must be borne by the animal's owner. Evidence of circulating
143      rabies virus neutralizing antibodies may shall not be used as a
144      substitute for current vaccination in managing rabies exposure
145      or determining the need for booster vaccinations.
146               (3)         Upon vaccination against rabies, the licensed
147      veterinarian shall provide the animal's owner and the animal
148      control authority with a rabies vaccination certificate. Each
149      animal control authority and veterinarian shall use the "Rabies
150      Vaccination Certificate" of the National Association of State

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         HB 723                                                                                                2022




151      Public Health Veterinarians (NASPHV) or an equivalent form
152      approved by the local government that contains all the
153      information required by the NASPHV Rabies Vaccination
154      Certificate. The veterinarian who administers the rabies
155      vaccination, or who indirectly supervises an employee, agent, or
156      contractor of an animal control authority who administers the
157      rabies vaccination, vaccine to an animal as required under this
158      section may affix his or her signature stamp in lieu of an
159      actual signature on the rabies vaccination certificate.
160               Section 6.        This act shall take effect July 1, 2022.




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                       REGULATORY REFORM SUBCOMMITTEE

                               HB 723 by Rep. Buchanan
                              Medical Treatment of Animals

                                 AMENDMENT SUMMARY
                                    January 12, 2022


Amendment 1 by Rep. Buchanan (lines 106-111):
  • Removes language that is better explained by cross-referencing the section that requires
     veterinarians to be in compliance with the controlled substance prescription limitations in
     the bill for veterinarians practicing telemedicine.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 723   (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 Buchanan offered the following:
4
5          Amendment
6          Remove lines 106-111 and insert:
7     personally acquainted with the keeping and caring of the animal ,
8     is in compliance with s. 474.2021(3), and has recently seen the
9     animal or has made medically appropriate and timely visits to




    010799 - h0723-lines 106-111.docx
     Published On: 1/11/2022 5:14:40 PM
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