Meeting Packet - Regulatory Reform Subcommittee, Commerce Committee (January 27, 2022)

Summary

Meeting packet of the Regulatory Reform Subcommittee of the Florida House of Representatives Commerce Committee for Thursday, January 27, 2022, 11:30 AM - 1:30 PM, in Webster Hall. The agenda lists HB 325 (Vacation Rentals), HB 705 (Mergers and Acquisitions Reporting), HB 1227 (Online Marketplace Transparency), HB 1233 (Online Training for Private Security Officers), HB 1451 (Malt Beverages), HB 1509 (Private Investigative and Security Services) and a proposed committee substitute for HB 577 (Tenant Safety). The staff analysis of HB 325 says the bill allows local governments to create a local vacation rental registration program, including a $50 registration application fee. The packet closes with the text of PCS for HB 577, which provides that it takes effect July 1, 2022.

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“Meeting Packet - Regulatory Reform Subcommittee, Commerce Committee (January 27, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-01-27-3101-regulatory-reform-subcommittee-meeting-packets-fn-rrs-09085e2643/, SHA-256 11a8e24e047e52d6493a90c8fc55b4285011f8b9adf8fc9f726b491d15f6ae73.

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Regulatory Reform
Subcommittee
Thursday, January 27, 2022
11:30 AM - 1:30 PM
Webster Hall (212 Knott)

Meeting Packet

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

Meeting Agenda
Thursday, January 27, 2022
11:30 AM – 1:30 PM
Webster Hall (212 Knott)
I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

HB 325 Vacation Rentals by Fischer
HB 705 Mergers and Acquisitions Reporting by Grall
HB 1227 Online Marketplace Transparency by Toledo
HB 1233 Online Training for Private Security Officers by Fine
HB 1451 Malt Beverages by DiCeglie
HB 1509 Private Investigative and Security Services by Byrd
Consideration of the following proposed committee substitute(s):
PCS for HB 577 -- Tenant Safety
V. Closing Remarks

VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
Phone Numbers
HB 325
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 325 Vacation Rentals
SPONSOR(S): Fischer
TIED BILLS: IDEN./SIM. BILLS: SB 512

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Thompson Anstead

2) Ways & Means Committee

3) Commerce Committee

SUMMARY ANALYSIS
The Division of Hotels and Restaurants (Division) in the Department of Business and Professional Regulation
(DBPR) licenses and inspects vacation rentals within the state. A vacation rental is classified as any unit or
group of units in a condominium or cooperative or any individually or collectively owned home, not a timeshare
project, which is rented to guests more than three times in a calendar year for periods of less than 30
days or 1 calendar month, or advertised to the public as a place regularly rented to guests. Local
governments may not prohibit vacation rentals or regulate the duration or frequency of such rentals.
Local regulations adopted before June 1, 2011, are not subject to this prohibition.

The bill:
 Adds to the scope of the state preemption of public lodging establishments and public food service
establishments by preempting “licensing” regulations, and revises the scope of the express state
preemption on vacation rentals to allow local jurisdictions to amend local regulations to:
o Be less restrictive; or
o Comply with local registration requirements.
 Allows local governments to create a local vacation rental registration program, including a $50
registration application fee, a fine for failure to register, and provides for specific requirements of
vacation rental owners and operators.
 Preempts to the state the regulation of advertising platforms, requires users of advertising platforms to
provide license and registration information in a vacation rental listing, requires advertising platforms to
collect and remit certain taxes and adopt an antidiscrimination policy.
 Grants the Division certain enforcement mechanisms relating to unlicensed activities.
 Specifically does not supersede the authority of condominiums, cooperatives, or homeowners’
associations to restrict the use of their properties.
 Requires vacation rental operators to display license and registration information.
 Requires sexual offenders and sexual predators who stay in a vacation rental to register with the local
sheriff's office under certain circumstances.

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

Except as otherwise provided, the bill takes effect upon becoming law.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0325.RRS
DATE: 1/26/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Vacation Rentals

The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the provisions of ch. 509, F.S., and all other applicable
laws relating to the inspection and regulation of public lodging establishments and public food service
establishments for the purpose of protecting the public health, safety, and welfare. DBPR licenses
vacation rentals within the state and has the power to inspect a licensed vacation rental. 1

Public lodging establishments are classified as a hotel, motel, vacation rental, nontransient apartment,
transient apartment, bed and breakfast inn, or timeshare project.2

The term “public lodging establishments” includes transient and nontransient public lodging
establishments.3 The principal differences between transient and nontransient public lodging
establishments are the number of times that the establishments are rented in a calendar year and the
length of the rentals.

The term “transient public lodging establishment” means any unit, group of units, dwelling, building, or
group of buildings within a single complex of buildings, which is rented to guests more than three times
in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which
is advertised or held out to the public as a place regularly rented to guests. 4

The term “vacation rental” means any unit or group of units in a condominium or cooperative or any
individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling
unit that is also a transient public lodging establishment but that is not a timeshare project.5

Current law exempts from licensing requirements living or sleeping facilities that do not fit within the
classification of a hotel, motel, timeshare project, vacation rental, nontransient apartment, bed and
breakfast inn, or transient apartment.6 Currently, the classification for “vacation rental” only applies to
situations where the entire unit or dwelling is offered for rent; therefore the rental of individual rooms
within a condominium unit or house is excluded from the licensure and regulation of public lodging
establishments by the Division.7

Licensure

The Division is authorized to issue vacation rental licenses as follows:
 Single license: issued to an individual person or entity, but not a licensed agent, and may
include one single-family house or townhouse, or a unit or group of units within a single building
that are owned and operated by the same individual person or entity.
 Group license: issued to a licensed agent to cover all units within a building or group of
buildings in a single complex and only covers units held out to the public as a place regularly
rented to guests.

1 S. 509.241, F.S.
2 S. 509.242(1), F.S.
3 S. 509.013(4)(a), F.S.
4 S. 509.013(4)(a)1., F.S.
5 S. 509.242(1)(c), F.S.
6 S 509.013(4)(b )9., F.S.
7 DBPR, Agency Analysis of 2020 Senate Bill 1128, p.2 (Jan. 7, 2020). See also 18-06 Fla. Op.Att’y Gen. (2018).
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 Collective license: issued to a licensed agent who represents a collective group of houses or
units found on separate locations not to exceed 75 houses per license.8

Applicants for licensure must submit the appropriate application and required fee to the Division. The
license fees are based on the number of rental units in the establishment. A current license must be
conspicuously displayed in the office or lobby of the licensed establishment.9 If no office or lobby is
present on the premises of the licensed establishment, the license must be readily available for
inspection upon request.10

Currently, there are 53,492 public lodging establishments licensed by the Division. These licenses are
distributed as follows:
 Hotels: 2,238 licenses;
 Motels: 2,446 licenses;
 Non-transient apartments: 18,117 licenses;
 Transient apartments: 873 licenses;
 Bed and Breakfast Inns: 259 licenses;
 Vacation rental condominiums: 10,224 licenses;
 Vacation rental dwellings: 19,306 licenses; and
 Vacation rental timeshare projects: 29 licenses.11

License Fees

The Division provides the following fee schedule relating to vacation rentals: 12
 Vacation rentals/collective license.
BASIC PER UNIT FEE HEP FEE13 TOTAL FEE
FEE
$150 $10 $10 VARIES
 Vacation rentals/group and single license.
NUMBER OF BASIC FEE INCREMENTAL HEP FEE TOTAL FEE
UNITS UNIT FEE
SINGLE $150 $10 $10 $170
UNIT
2-25 $150 $20 $10 $180
26-50 $150 $35 $10 $195
51-100 $150 $50 $10 $210
101-200 $150 $75 $10 $235
201-300 $150 $105 $10 $265
301-400 $150 $135 $10 $295
401-500 $150 $160 $10 $320
OVER $150 $190 $10 $350
500

Applicants for initial licensure are required to pay the full license fee if the application is made during, or
more than six months before, the annual renewal period. A half-year fee is authorized if such
application is made 6 months or less before the renewal period. A $50 application fee is required when
making the initial application or an application for change of ownership. Renewal fees are based upon
the number of units under the license when the license was either issued or last renewed, whichever is

8 S. 509.241, F.S.
9 S. 509.241(3), F.S.
10 R. 61C-1.002(1), F.A.C.
11 DBPR, Division of Hotels and Restaurants Annual Report for FY 2020 -2021,

http://www.myfloridalicense.com/dbpr/hr/reports/annualreports/documents/ar2020_21.pdf (last visited Jan. 18, 2022).
12 R. 61C-1.008, F.A.C.
13 S. 509.302, F.S., establishes the Hospitality Education Program. All public lodging establishments and all public food servic e

establishments licensed under ch. 509, F.S., are required to pay an annual fee of no more than $10, which shall be included in the
annual license fee and used for the sole purpose of funding the Hospitality Education Program.
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most recent. A $50 delinquency fee is required to renew a delinquent license filed with the Division after
the expiration date.

Sanitation and Safety

Current law requires each public lodging establishment to meet requirements and standards relating to
sanitation and safety.14 These requirements and standards apply to the following:
 Water, plumbing and waste;
 Public bathrooms (vacation rentals are exempt from this requirement);
 Towels;
 Glassware, tableware, and utensils (vacation rentals are exempt from federal and state
standards but must sanitize with household cleaning supplies and provide notice of such in
guest rooms);
 Kitchens;
 Ice making machines;
 Locking devices;
 Vermin control;
 Storage and labeling of toxic items;
 Structural components, attachments, and fixtures; and
 Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms.

Ventilation and Fire Safety

Each bedroom in a public lodging establishment must be properly ventilated with windows or
mechanical ventilation.15 Specialized smoke detectors for the deaf and hearing-impaired must be made
available upon request by guests in transient public lodging establishments without charge. 16

In addition, smoke alarms must be installed in every living unit,17 and automatic fire sprinklers may be
required in public lodging establishments if the rental units are located within a building with three or
more stories or greater than 75 feet in height.18 All local fire authority requirements must be met.
Electrical wiring must be in good repair.

Conduct on Premises

The operator of a public lodging establishment is authorized to refuse accommodations or service to
undesirable guests.19 Subject to proper notification, an operator may remove guests who:
 Illegally possess or deal controlled substances;
 Are intoxicated;
 Are profane, lewd, or brawling;
 Disturb the peace and comfort of other guests;
 Injure the reputation, dignity, or standing of the establishment;
 Fail to pay rent on time;
 Fail to check out on time;
 Are generally detrimental to the establishment.20

The admission to, or the removal from, a public lodging establishment cannot be based upon race,
creed, color, sex, physical disability, or national origin.21

14 See generally s. 509.221, F.S., and R. 61C-1&3, F.A.C.
15 S. 509.221(3), F.S.
16 R. 61C-1.004, F.A.C.
17 S. 509.215(1)(b), F.S.
18 S. 509.215(1), F.S.
19 S. 509.142, F.S.
20 S. 509.141(1), F.S.
21 S. 509.141(1), F.S.
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Violations for remaining or attempting to remain in an establishment after being requested to leave are
a second-degree misdemeanor, punishable as provided in ss. 775.082 or 775.083, F.S. 22

In addition, an operator is authorized to take a person into custody and detain that person for disorderly
conduct that creates a threat to the life or safety of the person or others. 23

Inspections

The Division is required to inspect all public lodging establishments as often as necessary for the
enforcement of the law and protection of the public health, safety and welfare. Each licensed public
lodging establishment must be inspected at least biannually (twice per year), except for transient
and non-transient apartments, which must be inspected at least annually. 24

Vacation rentals are not subject to this requirement, but must be available for inspection upon a
request by the Division. For inspection purposes, the licensee or operator must, upon request, meet
the inspector at the site of a specified establishment with keys to the licensed house or unit being
inspected.25

Additionally, an applicant for a vacation rental license is required to submit with the license application
a signed certificate evidencing the inspection of all balconies, platforms, stairways, railings, and
railways from a person competent to conduct such inspections. 26

The Division also may inspect a vacation rental in response to a consumer complaint related to
sanitation issues or unlicensed activity. In Fiscal Year 2019-2020, the Division received 306
consumer complaints related to vacation rentals, of which 31 were confirmed as a violation by the
Division.27

Registry

The licensee or operator of a vacation rental must notify the Division of any and all houses or units
represented for inclusion in the license application. Anytime a change occurs in the street or unit
address or number of houses or units included under the license, the licensee or operator must notify
the Division of any and all houses or units included in the license at least 60 days prior to the expiration
date of the license. In addition, a list of the included houses or units must be maintained in a written
form for inspection by request.28

Each operator of a transient establishment must maintain a register showing the dates each rental unit
was occupied by a guest as well the rates charged to the occupants. This register must be maintained
in chronological order and available for inspection by the Division at any time. Operators must maintain
two years of register data.29

Violations

Any public lodging establishment found to be in violation of ch. 509, F.S., or rules adopted by the
Division, may be subject to administrative actions including the following penalties:
 Fines not to exceed $1,000 per offense; and
 Suspension, revocation, or refusal of a license.30

22 S. 509.141(3), F.S.
23 S. 509.143(1), F.S.
24 See generally s. 509.032, F.S., r. 61C-1.002, F.A.C.
25 Id.
26 See ss. 509.211(3), 509.2112, F.S., and r. 61C-3.001, F.A.C.
27 DBPR, Division of Hotels and Restaurants Annual Report for FY 2020-2021, at 21.
28 R. 61C-1.002, F.A.C.
29 S. 509.101(2), F.S.
30 S. 509.261(1), F.S.
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Preemption Authority

Prior to June 1, 2011, local governments regulated vacation rentals (also referred to as resort dwellings
in many local ordinances). Local governments could restrict or prohibit vacation rentals up to, and
including, banning the use of residential properties as vacation rentals.

Legislation in 2011 preempted the authority to regulate vacation rentals to the state.31 The preemption
prevented local governments from enacting any new law, ordinance, or regulation that:
 Restricted the use of vacation rentals;
 Prohibited vacation rentals; or
 Regulated vacation rentals based solely on their classification, use, or occupancy.

The 2011 preemption also “grandfathered” any local law, ordinance, or regulation of vacation rentals
enacted on or prior to June 1, 2011.32

Prior to the 2011 preemption, several municipalities had created regulations specifically relating to
vacation rentals.33 As an example, one ordinance prohibited owners of single-family residences in
residential zones from renting their properties for durations of less than 30 days, although it
grandfathered certain vacation rentals that had already obtained all applicable state and local licenses
and permits.34 Subsequent to the enactment of the 2011 legislation, the vacation rental market
experienced growth.35

In 2014, the Legislature narrowed the scope of the preemption to preempt only those local regulations
that:
 Prohibit vacation rentals; or
 Regulate the duration or frequency of vacation rentals.

Thus, local governments can regulate vacation rentals to the extent those regulations do not prohibit
vacation rentals, or restrict the duration or frequency of vacation rentals. The grandfather provision for
regulations adopted on or before June 1, 2011, was retained.36

This preemption does not apply to local regulations exclusively relating to “property valuation as a
criterion for vacation rental if the local regulation is required to be approved by the state land planning
agency pursuant to an area of critical state concern.” 37

In addition, the regulation of public lodging establishments and public food service establishments,
including, but not limited to, sanitation standards, inspections, training and testing of personnel, and
matters related to the nutritional content and marketing of foods offered in such establishments, is
preempted to the state. However, local governments or local enforcement districts are still allowed to
conduct inspections of public lodging and public food service establishments for compliance with the
Florida Building Code and the Florida Fire Prevention Code.38

Recent Activity

31 Ch. 2011-119, Laws of Fla., codified in s. 509.032(7), F.S.
32 Id.
33 See City of Venice Code of Ordinances, ch. 86, art. V, div. 9, s. 86-151. See also Monroe County Code, No. 004-1997 (2013); Bal
Harbour Village Code of Ordinances, s. 21-363.
34 City of Venice Code of Ordinances, ch. 86, art. V, div. 9, s. 86-151. See also City of Venice v. Gwynn, 76 So. 3d 401, 403 (Fla. 2nd

DCA 2011).
35 Melissa Maynard, As Short-Terms Rentals Boom, Regulation an Issue, THE PEW CHARIT ABLE TRUST (June, 6, 2013),

http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2013/06/06/as -shortterms-rentals-boom-regulation-an-issue (last
visited Jan. 18, 2022).
36 Ch. 2014-71, Laws of Fla., codified in s. 509.032(7)(b ), F.S.
37 S. 509.032(7)(c), F.S.
38 S. 509.032(7)(a), F.S.
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Homeowners found to be in conflict with ordinances regulating vacation rentals have taken legal action
against their respective local governments through the Bert J. Harris, Jr., Private Property Rights
Protection Act.39 The act provides a cause of action for private property owners whose real property
has been inordinately burdened by a specific action of a governmental entity that may not rise to the
level of a “taking” under the State or Federal Constitutions. The inordinate burden can apply to either
an existing use of real property or a vested right to a specific use.40

In November 2015, the City of Anna Maria passed and adopted an ordinance that provides a general
framework for the regulation of vacation rentals, including maximum occupancy requirements.
According to the city’s website, since April 2016, approximately 113 Bert Harris Act claims relating to
the ordinance have been filed that could amount to approximately $38 million in damages.41

In March 2016, Miami Beach, which bans all short term rentals, passed an ordinance making the fine
for a first violation for a resident caught renting short-term $20,000. Each subsequent fine increases by
$20,000 and can be as high as $100,000. Vacation/short-term rentals that are permitted in certain
zoning districts of Miami Beach are required to provide and conspicuously display the city-issued
business tax receipt number and the resort tax certificate number in every advertisement or listing of
any type in connection with the rental of the residential property. 42

In June 2018, it was reported that Miami Beach had issued $12.1 million in fines, only $174,000 of
which had been paid. Some vacation rental owners were reported to have accumulated up to $60,000
in fines.43 Since then, the Third District Court of Appeals invalidated the city’s fine structure after
determining the regulations conflict with state law that caps violation fines between $1,000 and
$5,000.44 As a result, the city has left the regulations in place and simply revised the fine structure.
First-time offenders are fined $1,000 a day, and repeat offenders are fined $5,000 per day. According
to a memo from the City Attorney, the new fine structure complies with the ruling against Miami
Beach.45

Condominiums, Cooperatives, and Homeowners’ Associations

A condominium is a form of ownership of real property created pursuant to ch. 718, F.S., comprised of
units which may be owned by one or more persons but have an undivided share of access to common
elements.46 A condominium is created by recording a declaration in the public records of the county in
which the condominium will be located.47 A declaration governs the relationships among condominium
unit owners and the condominium association. All unit owners are members of the condominium
association. The condominium association is overseen by an elected board of directors, commonly
referred to as a “board of administration.” The association enacts condominium association bylaws
governing the administration of the association. The declaration as originally recorded or as amended
may include covenants and restrictions concerning the use, occupancy, and transfer of the units in the
association.

39 Kathy Prucnell, 2 more Holmes Beach Bert Harris claims proceed to courthouse, THE ISLANDER (Feb. 20, 2018),

https://www.islander.org/2018/02/2-more-holmes-beach-bert-harris-claims-proceed-to-courthouse/ (last visited Jan. 18, 2022).
40 S. 70.001, F.S.
41 CIT Y OF A NNA M ARIA, Bert J. Harris, Jr., Private Property Rights Protection Act Claim Filings,

http://www.cityofannamaria.com/residents/bert_harris_claim.php (last visited Jan. 18, 2022).
42 See Miami Beach City Code, Sec. 142-1111 and 142-905(b).
43 Chabeli Herrera, Miami Beach has the country's highest short-term rental fines. It just got sued, M IAMI HERALD (June 28, 2018),

https://www.miamiherald.co m/news/business/article213954174.ht ml.
44 Francisco Alvarado, Miami-Dade judge strikes down Miami Beach short-term rental ban, TheRealDeal South Florida Real Estate

News (Oct. 8, 2019), https://therealdeal.com/miami/2019/ 10/ 08/ miami-dade-judge-strikes-down-miami-beach-short-term-rental-ban/
(last visited Jan. 18, 2022).
45 Francisco Alvarado, Miami Beach slashes fines for illegal short-term rentals, TheRealDeal South Florida Real Estate News (Oct.

14, 2019), https://therealdeal.com/miami/2020/10/14/ miami-beach-slashes-fines-for-illegal-short-term-rentals/ (last visited Jan. 18,
2022).
46 S. 718.103(11), F.S.
47 S. 718.104(2), F.S.
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A cooperative is a form of property ownership created pursuant to ch. 719, F.S., where real property is
owned by the cooperative association, and individual units are leased to the residents who own shares
in the cooperative association.48 The lease payment amount is the pro-rata share of the operational
expenses of the cooperative. Cooperatives operate similarly to condominiums and the laws regulating
cooperatives are similar in many ways. A cooperative is created using “cooperative documents” which
include articles of incorporation of the association, bylaws, and the ground lease or other underlying
lease, if any. The documents may include restrictions, which affect the use of the property.

A homeowners’ association (HOA) is an association of residential property owners , created pursuant to
ch. 720, F.S., where voting membership consists of parcel owners, membership is a mandatory
condition of parcel ownership, and which may impose assessments that, if unpaid, can become a lien
on the parcel.49 Chapter 720, F.S., only regulates HOAs whose covenants and restrictions include
mandatory assessments. Like a condominium or cooperative, an HOA is administered by an elected
board of directors. The powers and duties of an HOA includes those provided in ch. 720, F.S., and
contained in the governing documents of the association. The governing documents include the
recorded covenants and restrictions, bylaws, articles of incorporation, and duly adopted amendments to
those documents. The documents may include restrictive covenants governing the use and occupancy
of properties.

Based on these laws, condominium, cooperative, and homeowners’ associations may enact provisions
that restrict the ability of the property owners to rent their properties.50 This includes actions such as
prohibiting owners from renting their properties, restricting the duration of the rental term, or limiting the
frequency owners are allowed to rent their properties.

Florida Sexual Predators Act

Current law requires all sexual offenders and sexual predators to comply with a number of statutory
registration requirements. A sexual offender must report in person to the sheriff’s office to register
within 48 hours of:
 Establishing permanent, temporary, or transient residence in Florida; or
 Being released from the custody, control, or supervision of the Department of Corrections
(DOC) or from the custody of a private correctional facility. 51

A sexual predator must register:
 With DOC if the sexual predator is in DOC’s custody or control, under DOC’s supervision, or in
the custody of a private correctional facility; 52
o If the sexual predator is under DOC’s supervision but not in custody, he or she must
register within 3 days of the court designating him or her as a sexual predator; 53
 With the custodian of the local jail, within 3 days of the court designating him or her as a sexual
predator, if the sexual predator is in the custody of a local jail; 54
 In person at the sheriff’s office in the county where:
o The sexual predator establishes or maintains a residence within 48 hours of establishing
or maintaining a residence in Florida;55 or
o The sexual predator was designated a sexual predator within 48 hours after such finding
is made.56

Residence

48 S. 719.103(2)(26), F.S.
49 S. 720.301(9), F.S.
50 Motley Fool, Can an HOA Restrict Rentals? (Spoiler Alert: Yes) , https://www.fool.com/millionacres/real-estate-investing/rental-

properties/can-hoa-restrict-rentals-spoiler-alert-yes/# (last visited Jan. 21, 2022).
51 S. 943.0435(2)(a)1., F.S.
52 S. 775.21(6)(b), F.S.
53 Id.
54 S. 775.21(6)(c), F.S.
55 S. 775.21(6)(e)a., F.S.
56 S. 775.21(6)(2)b., F.S.
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Residence, for the purposes of registration for both sexual offenders and sexual predators, is defined
as follows:
 "Permanent residence" means a place where the person abides, lodges, or resides for 3 or
more consecutive days.
 "Temporary residence" means a place where the person abides, lodges, or resides, including,
but not limited to, vacation, business, or personal travel destination in or out of this state for a
period of 3 or more days in the aggregate during any calendar year and which is not the
person's permanent address. For a person whose permanent residence is not in this state, it
means a place where the person is employed, practices a vocation, or is enrolled as a student
for any period of time in this state.
 "Transient residence" means a county where a person lives, remains, or is located for a period
of 3 or more days in the aggregate during a calendar year and which is not the person's
permanent or temporary address. The term includes, but is not limited to, a place where the
person sleeps or seeks shelter and a location that has no specific street address. 57

Continuing Reporting Requirements

A sexual offender or sexual predator must report the following updates within 48 hours:
 Change in the offender’s permanent, temporary, or transient residence;
 Change in the offender’s name, by reason of marriage or other legal process;
 When the offender vacates a permanent, temporary, or transient residence, or when the
offender remains in a permanent, temporary, or transient residence after reporting his or her
intent to vacate such a residence;
 Use of a new electronic mail address or Internet identifier;
 Change in vehicles owned;
 Change to home or cellular telephone numbers;
 Change to employment information;
 Change in status related to enrollment, volunteering, or employment at institutions of higher
education; and
 International and out-of-state travel information.58

Effect of the Bill

Preemptions

The bill adds to the scope of the state preemption of public lodging establishments and public food
service establishments, by also preempting “licensing.”

The bill revises the scope of the express state preemption on vacation rentals to allow local jurisdictions
to adopt local regulations:
 As long as the regulation is less restrictive; or
 To comply with local registration requirements.

The bill also preempts the regulation of advertising platforms to the state.

The bill maintains the exemption to the preemption that allows only local ordinances adopted on or
before June 1, 2011, to remain in effect.

The bill maintains the exemption to the preemption for areas of critical state concern so that these
areas remain fully exempted from the preemption, and may have existing ordinances that were adopted
after June 1, 2011.

Local Vacation Rental Registration Program

57 S. 775.21, F.S.
58 SS. 943.0435(4)(e)2. & 775.21(6)(a)1.a., F.S.
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The bill authorizes local laws, ordinances, or regulations to require the registration of vacation rentals
with a local vacation rental registration program.

The bill authorizes local governments to adopt such a program and impose a fine for failure to register
under the program.

The bill authorizes local governments to charge a fee of no more than $50 for processing a registration
application, and prohibits a local law, ordinance, or regulation from requiring the renewal of a
registration more than once per year. However, if there is a change of ownership, the new owner may
be required to submit a new application for registration.

The bill provides that as a condition of registration, the local law, ordinance, or regulation may only
require the owner or operator of a vacation rental to:
 Submit identifying information about the owner or the owner's agents and the subject vacation
rental property.
 Obtain a license as a transient public lodging establishment issued by the Division within 60
days after local registration.
 Obtain all required tax registrations, receipts, or certificates issued by DOR, a county, or a
municipal government.
 Update required information on a continuing basis to ensure it is current.
 Comply with parking standards and solid waste handling and containment requirements, so long
as such standards and requirements are not imposed solely on vacation rentals.
 Designate and maintain at all times a responsible party who is capable of responding to
complaints and other immediate problems related to the vacation rental, including being
available by telephone at a listed phone number.
 Pay in full all recorded municipal or county code liens against the subject property.
o The local government may withdraw its acceptance of a registration on the basis of an
unsatisfied recorded municipal or county code lien.

The bill requires that within 15 business days after receiving an application for registration of a vacation
rental, the local government must review the application for completeness and accept the registration of
the vacation rental or issue a written notice specifying with particularity any areas that are deficient.

The bill provides that a vacation rental owner or operator and the local government may agree to a
reasonable request to extend the timeframes, particularly in the event of a force majeure or other
extraordinary circumstance.

The bill requires a local government that denies an application for registration of a vacation rental to
give written notice to the applicant as follows:
 The notice may be provided by United States mail or electronically.
 The notice must specify with particularity the factual reasons for the denial and include a citation
to the applicable portions of an ordinance, a rule, a statute, or other legal authority for the denial
of the registration.

The bill:
 Prohibits local governments from denying an applicant from reapplying if the applicant cures the
identified deficiencies.
 Provides that if the local government fails to accept or deny the registration within the
timeframes provided, the application is deemed accepted.
 Provides that upon an accepted registration of a vacation rental, a local government must
assign a unique registration number to the vacation rental or other indicia of registration and
provide the registration number or other indicia of registration to the owner or operator of the
vacation rental in writing or electronically.
 Authorizes local governments to terminate or refuse to issue or renew a vacation rental
registration when:

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o The operation of the subject premises violates a registration requirement authorized
pursuant to this paragraph or a local law, ordinance, or regulation that does not apply solely
to vacation rentals; or
o The premises and its owner are the subject of a final order or judgment lawfully directing the
termination of the premises' use as a vacation rental.

Vacation Rental Licenses

Effective January 1, 2023, the bill:
 Requires all applications for a vacation rental license to, if applicable, include the local
registration number or other proof of registration required by local law, ordinance, or regulation.
 Authorizes the Division upon receiving an application for a vacation rental license to grant a
temporary license that authorizes the vacation rental to begin operation while the application is
pending and to post the information required under s. 509.243(1)(c), F.S.
o The temporary license automatically expires upon final agency action regarding the
license application.
 Requires any license issued by the Division to be displayed conspicuously to the public inside
the licensed establishment, instead of “in the office or lobby.”
 Requires the operator of a vacation rental offered for transient occupancy through an
advertising platform to display the vacation rental license number and the applicable local
registration number.

Advertising Platforms Definition

The bill defines the term “advertising platform” as a person as defined in s. 1.01, F.S.,59 that:
 Provides an online application, software, a website, or a system: through which a vacation
rental located in this state is advertised or held out to the public as available to rent for transient
occupancy;
 Provides or maintains a marketplace: for the renting of a vacation rental for transient
occupancy; and
 Provides a reservation or payment system: that facilitates a transaction for the renting of a
vacation rental for transient occupancy and for which the person collects or receives, directly or
indirectly, a fee in connection with the reservation or payment service provided for the rental
transaction.

Advertising Platform Requirements

Effective January 1, 2023, the bill provides that advertising platforms must:
 Require that a person who places an advertisement for the rental of a vacation rental to:
o Include in the advertisement the vacation rental license number and, if applicable, the
local registration number; and
o Attest to the best of the person's knowledge that the license number for the vacation
rental property and the local registration are current, valid, and accurately stated in the
advertisement.
 Display the vacation rental license number and, if applicable, the local registration number.
 By July 1, 2023, check that the vacation rental license number provided by the owner or
operator appears as current in the information posted by the division and applies to the subject
vacation rental before publishing the advertisement on its platform and again on a quarterly
basis.
 Remove from public view an advertisement or listing from its online application, software,
website, or system within 15 business days after being notified by the Division in writing that the
subject advertisement or listing for the rental of a vacation rental located in this state fails to
display a valid license number issued by the Division.

59 S. 1.01(3), F.S., defines the word “person” to include individuals, children, firms, associations, joint adventures, partners hips,
estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
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 Adopt an anti-discrimination plan to help prevent discrimination, and inform its users of the
public lodging discrimination prohibition found in s. 509.092, F.S.

Advertising Platform Tax Requirements

The bill requires advertising platforms to collect and remit taxes due under certain provision of Florida’s
tax code resulting from the reservation and payment of a vacation rental property through an
advertising platform.

The bill includes tax collection and remittance requirements for advertising platforms within ch. 212,
F.S.

The bill provides that in order to facilitate the remittance of such taxes, DOR and counties that have
elected to self-administer the taxes imposed under ch. 125, F.S., must allow advertising platforms to
register, collect, and remit such taxes.

The bill provides that advertising platforms that comply with the requirements are deemed to be in
compliance. The bill also provides that it does not create and is not intended to create a private cause
of action against advertising platforms, and an advertising platform may not be held liable for any action
it takes voluntarily in good faith in relation to its users to comply with ch. 509, F.S., or the advertising
platform's terms of service.
Division Requirements

By July 1, 2023, the bill requires the Division to maintain vacation rental license information in a readily
accessible electronic format.

The bill provides enforcement processes for the Division to issue a cease and desist order for any
person who violates ch. 509, F.S., the chapter of law governing “lodging and food service
establishments.” The bill authorizes the Division to seek an injunction or a writ of mandamus to enforce
a cease and desist order. If the Division is required to seek enforcement of the notice for a penalty
pursuant to s. 120.69, F.S., it is entitled to collect its attorney fees and costs, together with any cost of
collection.

The bill:
 Authorizes the Division to fine an advertising platform up to $1,000 per offense for violations of
its new requirements or of the rules of the Division.
 Authorizes the Division to regard as a separate offense each day or portion of a day in which an
advertising platform is operated in violation.
 Requires the Division to issue a written warning or notice and provide the advertising platform
15 days to cure such violation before commencing any legal proceeding.

The bill authorizes the Division to revoke, refuse to issue or renew, or suspend for a period of not more
than 30 days a vacation rental license when:
 The operation of the subject premises violates the terms of an applicable lease or property
restriction, including any property restriction adopted pursuant to chs. 718, 719, or 720, F.S., as
determined by a final order of a court of competent jurisdiction or a written decision by an
arbitrator authorized to arbitrate a dispute relating to the subject property and a lease or
property restriction;
 The owner or operator fails to provide proof of registration, if required by local law, ordinance, or
regulation;
 The registration of the vacation rental is terminated by a local government as provided in s.
509.032(7)(b)5., F.S.; or
 The premises and its owner are the subject of a final order or judgment lawfully directing the
termination of the premises' use as a vacation rental.

The bill authorizes the Division to suspend, for a period of not more than 30 days, a vacation rental
license when the owner or operator has been cited for two or more code violations related to the
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vacation rental during a period of 90 days. The Division is required issue a written warning or notice
and provide an opportunity to cure a violation before commencing a legal proceeding.

Condominiums, Cooperatives, and Homeowners’ Associations

The bill specifies that the application of the provisions in the bill shall not supersede any current or
future declaration or declaration of condominium adopted pursuant to ch. 718, F.S., cooperative
documents adopted pursuant to ch. 719, F.S., or declaration or declaration of covenants adopted
pursuant to ch. 720, F.S.

Department of Revenue Rulemaking

The bill grants DOR emergency rulemaking authority to implement the changes made by the bill
relating to the collection of taxes, including establishing procedures to facilitate the remittance of taxes.
The emergency rules will be effective for 6 months after adoption and may be renewed while DOR
adopts permanent rules. The section of the bill authorizing the emergency rules will expire January 1,
2025.

Sexual Offenders and Predators

The bill amends s. 775.21, F.S., to require sexual offenders and sexual predators to register with the
local sheriff’s office if they stay in a vacation rental for 24 hours or more (currently set at stays of 3 days
or more).

Effective Date

The bill becomes effective upon becoming law, except for the provisions otherwise expressly provided
in the bill. The requirements for vacation rental owners or operators to display license and tax
information becomes effective January 1, 2023. The framework of provisions governing advertising
platforms becomes effective January 1, 2023.

B. SECTION DIRECTORY:
Section 1: Amends s. 212.03, F.S., relating to transient rentals tax collection and remittance by
advertising platforms.

Section 2: Amends s. 509.013, F.S., defining the term "advertising platform."

Section 3: Amends s. 509.032, F.S., revising preemption authority, making conforming changes.

Section 4: Amends s. 509.241, F.S., revising display of vacation rental license requirements.

Section 5: Creates s. 509.243, F.S., governing advertising platforms.

Section 6: Amends s. 509.261, F.S., relating to revocation or suspension of licenses, fines,
procedure.

Section 7: Amends s. 775.21, F.S., revising “The Florida Sexual Predators Act.”

Section 8: Amends s. 159.27, F.S., conforming a cross reference.

Section 9: Amends s. 212.08, F.S., conforming a cross reference.

Section 10: Amends s. 316.1955, F.S., conforming a cross reference.

Section 11 Amends s. 404.056, F.S., conforming a cross reference.

Section 12: Amends s. 477.0135, F.S., conforming a cross reference.
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Section 13: Amends s. 509.221, F.S., conforming a cross reference.

Section 14: Amends s. 553.5041, F.S., conforming a cross reference.

Section 15: Amends s. 559.955 conforming a cross reference.

Section 16: Amends s. 705.17, F.S., conforming a cross reference.

Section 17: Amends s. 705.185, F.S., conforming a cross reference.

Section 18: Amends s. 705.1355, F.S., conforming a cross reference.

Section 19: Amends s. 877.24, F.S., conforming a cross reference.

Section 20: Creates an unnumbered section providing for applicability.

Section 21: Creates an unnumbered section authorizing DOR emergency rulemaking authority.

Section 22: Provides for effective dates.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
On November 5, 2021, the Revenue Estimating Conference (REC) adopted the middle estimate,
which shows a zero impact for the proposed language.60

Indeterminate. According to DBPR, there will be an increase in licensing revenue, but it is unknown
how many rental advertisements which are currently exempt from licensing would then require
licensure. The bill may also result in an indeterminate increase in fines due to noncompliance.61

2. Expenditures:

DBPR has indicated that an increase in staff and costs will be needed to implement the bill,
including an additional 6 FTE and total anticipated costs of $497,671 ($435,974 recurring).62

FDLE has indicated that an increase in staff and costs will be needed to implement the bill,
including an additional 4 FTE and total anticipated costs of $693,730 ($319,750 recurring).63

FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Indeterminate. The bill may create an increase in tourism taxes and revenue related to local
registration fees and fines.

2. Expenditures:
Indeterminate. According to FDLE, the bill:64

60 Revenue Estimating Conference, Revenue Impact Results, Nov. 5, 2021,

http://edr.state.fl.us/content/conferences/revenueimpact/archives/2022/_pdf/Impact1105.pdf, p. 38, (last visited Jan. 21, 2022).
61 Florida Department of Business and Professional Regulation, Agency Analysis of 2022 SB 512, p. 6 (Oct. 15, 2021).
62 Id. at 10.
63 Florida Department of Law Enforcement, Agency Analysis of 2022 HB 325, p. 4 (Nov. 15, 2021).
64 Id. at 3.
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Requires sexual predators and offenders to register in person at the sheriff’s office in the county
of the vacation rental if they are lodging in the vacation rental for 24 hours or more. This will
lead to a substantial increase in the number of sexual predators and offenders required to
complete a registration in person at sheriffs’ offices throughout the state, potentially requiring an
increase in registration staff to accommodate the growth in registrants who must appear in
person to register.

May also require increased hours of availability for the sheriffs’ offices to allow for the
substantially decreased time to establish a residency in a vacation rental. For example, at least
14 sheriffs’ offices have three or more consecutive days where registration is unavailable. Eight
registration offices require appointments to register, and only four are open for registration 24
hours a day. As written, the bill offers no monetary provisions for sheriffs’ offices and may
require that sheriffs’ offices seek additional funds from their own local government to expand
registration hours and hire additional registration staff.

B. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will provide a more predictable and uniform regulatory framework for vacation rentals in Florida.

C. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities have to raise
revenue in the aggregate, nor reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill provides emergency rulemaking authority for DOR to implement the bill’s provisions.

The Division will need to update its rules based on the provision that authorizes the Division to fine an
advertising platform. Current law appears to provide sufficient rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
FDLE has indicated concerns as follows:
 The amended language of “temporary residence” in s. 775.21(2)(n), FS, as it will have a
significant impact on the Florida Sexual Offender and Predator Registry and will certainly lead to
litigation challenging the statutes (and registry). The department recommends removing the
language amending the definition of “temporary residence.”
 Affords no direction, responsibilities, mechanisms or timelines regarding the distribution of such
“Vacation Rental registration information.” If the intent is to provide updated information on
sexual offenders and predators in vacation rentals immediately upon registration, this is not
attainable for persons coming into Florida that have not previously registered in the state (which
is expected to be a large proportion of registrations received under this bill). Registrants coming
to Florida from other states require research and information from out-of-state criminal justice
partners prior to their information being disseminated to the public. Those partners, such as
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other state registries and clerks of court, are generally open on regular weekday business hours
and therefore may not provide the information required for the department to notify the public
that a registrant is in a vacation rental until they have already vacated it.
 Takes effect upon becoming law, which allows no time for any of the requisite technological
updates, notice and training to law enforcement partners or notice to offenders and predators
regarding the change to registration requirement. Such a circumstance will place registrants at
risk of a second or third-degree felony arrest for failure to register.65

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

65 Id. at 5 and 6.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 325 2022

1 A bill to be entitled
2 An act relating to vacation rentals; amending s.
3 212.03, F.S.; requiring advertising platforms to
4 collect and remit taxes for certain transactions;
5 reordering and amending s. 509.013, F.S.; defining the
6 term "advertising platform"; amending s. 509.032,
7 F.S.; conforming a cross-reference; revising the
8 regulated activities of public lodging establishments
9 and public food service establishments preempted to
10 the state to include licensing; revising an exemption
11 to the prohibition against certain local regulatio n of
12 vacation rentals; expanding the authority of local
13 laws, ordinances, or regulations to include requiring
14 vacation rentals to register with local vacation
15 rental registration programs; authorizing local
16 governments to adopt vacation rental registration
17 programs and impose fines for failure to register;
18 authorizing local governments to charge fees for
19 processing registration applications; specifying
20 requirements, procedures, and limitations for local
21 vacation rental registration programs; authorizing
22 local governments to terminate or refuse to issue or
23 renew vacation rental registrations under certain
24 circumstances; preempting the regulation of
25 advertising platforms to the state; amending s.

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26 509.241, F.S.; requiring applications for vacation
27 rental licenses to include certain information;
28 authorizing the Division of Hotels and Restaurants of
29 the Department of Business and Professional Regulation
30 to issue temporary licenses upon receipt of vacation
31 rental license applications; providing for expiration
32 of temporary vacation rental licenses; requiring
33 licenses issued by the division to be displayed
34 conspicuously to the public inside the licensed
35 establishment; requiring the owner or operator of
36 certain vacation rentals to also display its vacation
37 rental license number and applicable local
38 registration number; creating s. 509.243, F.S.;
39 requiring advertising platforms to require that
40 persons placing advertisements for vacation rentals
41 include certain information in the advertisements and
42 attest to certain information; requiring advertising
43 platforms to display and check such information;
44 requiring the division to maintain certain information
45 in a readily accessible electronic format by a certain
46 date; requiring advertising platforms to remove an
47 advertisement or listing under certain conditions and
48 within a specified timeframe; requiring advertising
49 platforms to collect and remit taxes for certain
50 transactions; authorizing the division to issue and

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51 deliver a notice to cease and desist for certain
52 violations; providing that such notice does not
53 constitute agency action for which certain hearings
54 may be sought; authorizing the division to file
55 certain proceedings; authorizing the division to seek
56 certain remedies for the purpose of enforcing a cease
57 and desist notice; authorizing the division to collect
58 attorney fees and costs under certain circumstances;
59 authorizing the division to impose a fine on
60 advertising platforms for certain violations;
61 requiring the division to issue written warnings or
62 notices before commencing certain legal proceedings;
63 requiring advertising platforms to adopt an
64 antidiscrimination policy and to inform their users of
65 the policy's provisions; providing construction;
66 amending s. 509.261, F.S.; authorizing the division to
67 revoke, refuse to issue or renew, or suspend vacation
68 rental licenses under certain circumstances; amending
69 s. 775.21, F.S.; revising the definition of the term
70 "temporary residence"; amending ss. 159.27, 212.08,
71 316.1955, 404.056, 477.0135, 509.221, 553.5041,
72 559.955, 705.17, 705.185, 717.1355, and 877.24, F.S.;
73 conforming cross-references to changes made by the
74 act; providing applicability; authorizing the
75 Department of Revenue to adopt emergency rules;

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76 providing requirements and an expiration for the
77 emergency rules; providing for the expiration of such
78 rulemaking authority; providing effective dates.
79
80 Be It Enacted by the Legislature of the State of Florida:
81
82 Section 1. Effective January 1, 2023, subsection (2) of
83 section 212.03, Florida Statutes, is amended to read:
84 212.03 Transient rentals tax; rate, procedure,
85 enforcement, exemptions.—
86 (2)(a) The tax provided for herein shall be in addition to
87 the total amount of the rental, shall be charged by the lessor
88 or person receiving the rent in and by said rental arran gement
89 to the lessee or person paying the rental, and shall be due and
90 payable at the time of the receipt of such rental payment by the
91 lessor or person, as defined in this chapter, who receives said
92 rental or payment. The owner, lessor, or person receivin g the
93 rent shall remit the tax to the department at the times and in
94 the manner hereinafter provided for dealers to remit taxes under
95 this chapter. The same duties imposed by this chapter upon
96 dealers in tangible personal property respecting the collection
97 and remission of the tax; the making of returns; the keeping of
98 books, records, and accounts; and the compliance with the rules
99 and regulations of the department in the administration of this
100 chapter shall apply to and be binding upon all persons who

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101 manage or operate hotels, apartment houses, roominghouses,
102 tourist and trailer camps, and the rental of condominium units,
103 and to all persons who collect or receive such rents on behalf
104 of such owner or lessor taxable under this chapter.
105 (b) If a guest uses a payment system on or through an
106 advertising platform, as defined in s. 509.013, to pay for the
107 rental of a vacation rental located in this state, the
108 advertising platform shall collect and remit taxes as provided
109 in this paragraph.
110 1. An advertising platform, as defined in s. 509.013,
111 which owns, operates, or manages a vacation rental or which is
112 related within the meaning of s. 267(b), s. 707(b), or s. 1504
113 of the Internal Revenue Code of 1986 to a person who owns,
114 operates, or manages the vacation rental shall collect and remit
115 all taxes due under this section and ss. 125.0104, 125.0108,
116 205.044, 212.0305, and 212.055 which are related to the rental.
117 2. An advertising platform to which subparagraph 1. does
118 not apply shall collect and remit all taxes due from the owner,
119 operator, or manager under this section and ss. 125.0104,
120 125.0108, 205.044, 212.0305, and 212.055 which are related to
121 the rental. Of the total amount paid by the lessee or rentee,
122 the amount retained by the advertising platform for reservation
123 or payment service is not taxable under this section or ss.
124 125.0104, 125.0108, 205.044, 212.0305, and 212.055.
125

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126 In order to facilitate the remittance of such taxes, the
127 department and counties that have elected to self-administer the
128 taxes imposed under chapter 125 must allow advertising platforms
129 to register, collect, and remit such taxes.
130 Section 2. Section 509.013, Florida Statutes, is reordered
131 and amended to read:
132 509.013 Definitions.—As used in this chapter, the term:
133 (1) "Advertising platform" means a person as defined in s.
134 1.01 who:
135 (a) Provides an online application, software, a website,
136 or a system through which a vacation rental located in this
137 state is advertised or held out to the public as available to
138 rent for transient occupancy;
139 (b) Provides or maintains a marketplace for the renting of
140 a vacation rental for transient occupancy; and
141 (c) Provides a reservation or payment system that
142 facilitates a transaction for the renting of a vacation rental
143 for transient occupancy and for which the person collects or
144 receives, directly or indirectly, a fee in connection with the
145 reservation or payment service provided for the rental
146 transaction.
147 (3)(1) "Division" means the Division of Hotels and
148 Restaurants of the Department of Business and Professional
149 Regulation.
150 (8)(2) "Operator" means the owner, licensee, proprietor,

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151 lessee, manager, assistant manager, or appointed agent of a
152 public lodging establishment or public food service
153 establishment.
154 (4)(3) "Guest" means any patron, customer, tenant, lodger,
155 boarder, or occupant of a public lodging establishment or public
156 food service establishment.
157 (10)(a)(4)(a) "Public lodging establishment" includes a
158 transient public lodging establishment as defined in
159 subparagraph 1. and a nontransient public lodging establishment
160 as defined in subparagraph 2.
161 1. "Transient public lodging establishment" means any
162 unit, group of units, dwelling, building, or group of buildings
163 within a single complex of buildings which is rented to guests
164 more than three times in a calendar year for periods of less
165 than 30 days or 1 calendar month, whichever is less, or which is
166 advertised or held out to the public as a place regularly rented
167 to guests.
168 2. "Nontransient public lodging establishment" means a ny
169 unit, group of units, dwelling, building, or group of buildings
170 within a single complex of buildings which is rented to guests
171 for periods of at least 30 days or 1 calendar month, whichever
172 is less, or which is advertised or held out to the public as a
173 place regularly rented to guests for periods of at least 30 days
174 or 1 calendar month.
175

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176 License classifications of public lodging establishments, and
177 the definitions therefor, are set out in s. 509.242. For the
178 purpose of licensure, the term does not include condominium
179 common elements as defined in s. 718.103.
180 (b) The following are excluded from the definitions in
181 paragraph (a):
182 1. Any dormitory or other living or sleeping facility
183 maintained by a public or private school, college, or university
184 for the use of students, faculty, or visitors.
185 2. Any facility certified or licensed and regulated by the
186 Agency for Health Care Administration or the Department of
187 Children and Families or other similar place regulated under s.
188 381.0072.
189 3. Any place renting four rental units or less, unless the
190 rental units are advertised or held out to the public to be
191 places that are regularly rented to transients.
192 4. Any unit or group of units in a condominium,
193 cooperative, or timeshare plan and any individually or
194 collectively owned one-family, two-family, three-family, or
195 four-family dwelling house or dwelling unit that is rented for
196 periods of at least 30 days or 1 calendar month, whichever is
197 less, and that is not advertised or held out to the public as a
198 place regularly rented for periods of less than 1 calendar
199 month, provided that no more than four rental units within a
200 single complex of buildings are available for rent.

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201 5. Any migrant labor camp or residential migrant housing
202 permitted by the Department of Health under ss. 381.008-
203 381.00895.
204 6. Any establishment inspected by the Department of Health
205 and regulated by chapter 513.
206 7. Any nonprofit organization that operates a facility
207 providing housing only to patients, patients' families, and
208 patients' caregivers and not to the general public.
209 8. Any apartment building inspected by the United States
210 Department of Housing and Urban Development or other entity
211 acting on the department's behalf that is designated primarily
212 as housing for persons at least 62 years of age. The division
213 may require the operator of the apartment building to attest in
214 writing that such building meets the criteria provided in this
215 subparagraph. The division may adopt rules to implement this
216 requirement.
217 9. Any roominghouse, boardinghouse, or other living or
218 sleeping facility that may not be classified as a hotel, motel,
219 timeshare project, vacation rental, nontransient apartment, bed
220 and breakfast inn, or transient apartment under s. 509.242.
221 (9)(a)(5)(a) "Public food service establishment" means any
222 building, vehicle, place, or structure, or any room or division
223 in a building, vehicle, place, or structure where food is
224 prepared, served, or sold for immediate consumption on or in the
225 vicinity of the premises; called for or taken out b y customers;

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226 or prepared before prior to being delivered to another location
227 for consumption. The term includes a culinary education program,
228 as defined in s. 381.0072(2), which offers, prepares, serves, or
229 sells food to the general public, regardless of whether it is
230 inspected by another state agency for compliance with sanitation
231 standards.
232 (b) The following are excluded from the definition in
233 paragraph (a):
234 1. Any place maintained and operated by a public or
235 private school, college, or university:
236 a. For the use of students and faculty; or
237 b. Temporarily to serve such events as fairs, carnivals,
238 food contests, cook-offs, and athletic contests.
239 2. Any eating place maintained and operated by a church or
240 a religious, nonprofit fraternal, or nonprofit civic
241 organization:
242 a. For the use of members and associates; or
243 b. Temporarily to serve such events as fairs, carnivals,
244 food contests, cook-offs, or athletic contests.
245
246 Upon request by the division, a church or a religious, nonprofit
247 fraternal, or nonprofit civic organization claiming an exclusion
248 under this subparagraph must provide the division documentation
249 of its status as a church or a religious, nonprofit fraternal,
250 or nonprofit civic organization.

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251 3. Any eating place maintained and operated by an
252 individual or entity at a food contest, cook-off, or a temporary
253 event lasting from 1 to 3 days which is hosted by a church or a
254 religious, nonprofit fraternal, or nonprofit civic organization.
255 Upon request by the division, the event host must provide the
256 division documentation of its status as a church or a religious,
257 nonprofit fraternal, or nonprofit civic organization.
258 4. Any eating place located on an airplane, train, bus, or
259 watercraft that which is a common carrier.
260 5. Any eating place maintained by a facility certified or
261 licensed and regulated by the Agency for Health Care
262 Administration or the Department of Children and Families or
263 other similar place that is regulated under s. 381.0072.
264 6. Any place of business issued a permit or inspected by
265 the Department of Agriculture and Consumer Services under s.
266 500.12.
267 7. Any place of business where the food available for
268 consumption is limited to ice, beverages with or without
269 garnishment, popcorn, or prepackaged items sold without
270 additions or preparation.
271 8. Any theater, if the primary use is as a theater and if
272 patron service is limited to food items customarily served to
273 the admittees of theaters.
274 9. Any vending machine that dispenses any food or
275 beverages other than potentially hazardous foods, as defined by

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276 division rule.
277 10. Any vending machine that dispenses potentially
278 hazardous food and which is located in a facility regulated
279 under s. 381.0072.
280 11. Any research and development test kitchen limited to
281 the use of employees and which is not open to the general
282 public.
283 (2)(6) "Director" means the Director of the Division of
284 Hotels and Restaurants of the Department of Business and
285 Professional Regulation.
286 (11)(7) "Single complex of buildings" means all buildings
287 or structures that are owned, managed, controlled, or operated
288 under one business name and are situated on the same tract or
289 plot of land that is not separated by a public street or
290 highway.
291 (12)(8) "Temporary food service event" means any event of
292 30 days or less in duration where food is prepared, served, or
293 sold to the general public.
294 (13)(9) "Theme park or entertainment complex" means a
295 complex comprised of at least 25 contiguous acres owned and
296 controlled by the same business entity and which contains
297 permanent exhibitions and a variety of recreational activities
298 and has a minimum of 1 million visitors annually.
299 (14)(10) "Third-party provider" means, for purposes of s.
300 509.049, any provider of an approved food safety training

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301 program that provides training or such a training program to a
302 public food service establishment that is not under common
303 ownership or control with the provider.
304 (16)(11) "Transient establishment" means any public
305 lodging establishment that is rented or leased to guests by an
306 operator whose intention is that such guests' occupancy will be
307 temporary.
308 (17)(12) "Transient occupancy" means occupancy when it is
309 the intention of the parties that the occupancy will be
310 temporary. There is a rebuttable presumption that, when the
311 dwelling unit occupied is not the sole residence of the guest,
312 the occupancy is transient.
313 (15)(13) "Transient" means a guest in transient occupancy.
314 (6)(14) "Nontransient establishment" means any public
315 lodging establishment that is rented or leased to guests by an
316 operator whose intention is that the dwelling unit occupied will
317 be the sole residence of the guest.
318 (7)(15) "Nontransient occupancy" means occupancy when it
319 is the intention of the parties that the occupancy will not be
320 temporary. There is a rebuttable presumption that, when the
321 dwelling unit occupied is the sole residence of the guest, the
322 occupancy is nontransient.
323 (5)(16) "Nontransient" means a guest in nontransient
324 occupancy.
325 Section 3. Paragraph (c) of subsection (3) and paragraphs

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326 (a) and (b) of subsection (7) of section 509.032, Florida
327 Statutes, are amended, and paragraph (d) is added to subsection
328 (7) of that section, to read:
329 509.032 Duties.—
330 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD
331 SERVICE EVENTS.—The division shall:
332 (c) Administer a public notification process for temporary
333 food service events and distribute educational materials that
334 address safe food storage, preparation, and service procedures.
335 1. Sponsors of temporary food service events shall notify
336 the division not less than 3 days before the scheduled event of
337 the type of food service proposed, the time and location of the
338 event, a complete list of food service vendors participating in
339 the event, the number of individual food service facilities each
340 vendor will operate at the event, and the identification number
341 of each food service vendor's current license as a public food
342 service establishment or temporary food service event licensee.
343 Notification may be completed orally, by telephone, in person,
344 or in writing. A public food service establishment or food
345 service vendor may not use this notification process to
346 circumvent the license requirements of this chapter.
347 2. The division shall keep a record of all notifications
348 received for proposed temporary food service events and shall
349 provide appropriate educational materials to the event sponsors
350 and notify the event sponsors of the availability of the food-

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351 recovery brochure developed under s. 595.420.
352 3.a. Unless excluded under s. 509.013 s. 509.013(5)(b), a
353 public food service establishment or other food service vendor
354 must obtain one of the following classes of license from the
355 division: an individual license, for a fee of no more than $105,
356 for each temporary food service event in which it participates;
357 or an annual license, for a fee of no more than $1,000, that
358 entitles the licensee to participate in an unlimited number of
359 food service events during the license period. The division
360 shall establish license fees, by rule, and may limit the number
361 of food service facilities a licensee may operate at a
362 particular temporary food service event under a single license.
363 b. Public food service establishments holding current
364 licenses from the division may operate under the regulations of
365 such a license at temporary food service events.
366 (7) PREEMPTION AUTHORITY.—
367 (a) The regulation of public lodging establishments and
368 public food service establishments, including, but not limited
369 to, sanitation standards, licensing, inspections, training and
370 testing of personnel, and matters related to the nutritional
371 content and marketing of foods offered in such establishments,
372 is preempted to the state. This paragraph does not preempt the
373 authority of a local government or local enforcement district to
374 conduct inspections of public lodging and public food service
375 establishments for compliance with the Florida Building Code and

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376 the Florida Fire Prevention Code, pursuant to ss. 553.80 and
377 633.206.
378 (b)1. A local law, ordinance, or regulation may not
379 prohibit vacation rentals or regulate the duration or frequency
380 of rental of vacation rentals. This paragraph does not apply to
381 any local law, ordinance, or regulation adopted on or before
382 June 1, 2011, including when such law, ordinance, or regulation
383 is amended to be less restrictive or to comply with the local
384 registration requirements provided in this paragraph.
385 Notwithstanding paragraph (a), a local law, ordinance, or
386 regulation may require the registration of vacation rentals with
387 a local vacation rental registration program. Local governments
388 may adopt a vacation rental registration program pursuant to
389 subparagraph 3. and impose a fine for failure to register under
390 the vacation rental registration program.
391 2. Local governments may charge a fee of no more than $50
392 for processing a registration application. A local law,
393 ordinance, or regulation may not require renewal of a
394 registration more than once per year. However, if t here is a
395 change of ownership, the new owner may be required to submit a
396 new application for registration.
397 3. As a condition of registration, the local law,
398 ordinance, or regulation may only require the owner or operator
399 of a vacation rental to:
400 a. Submit identifying information about the owner or the

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401 owner's agents and the subject vacation rental property.
402 b. Obtain a license as a transient public lodging
403 establishment issued by the division within 60 days after local
404 registration.
405 c. Obtain all required tax registrations, receipts, or
406 certificates issued by the Department of Revenue, a county, or a
407 municipal government.
408 d. Update required information on a continuing basis to
409 ensure it is current.
410 e. Comply with parking standards and solid waste handling
411 and containment requirements, so long as such standards and
412 requirements are not imposed solely on vacation rentals.
413 f. Designate and maintain at all times a responsible party
414 who is capable of responding to complaints and other immediate
415 problems related to the vacation rental, including being
416 available by telephone at a listed phone number.
417 g. Pay in full all recorded municipal or county code liens
418 against the subject property. The local government may withdraw
419 its acceptance of a registration on the basis of an unsatisfied
420 recorded municipal or county code lien.
421 4.a. Within 15 business days after receiving an
422 application for registration of a vacation rental, the local
423 government must review the application for completeness and
424 accept the registration of the vacation rental or issue a
425 written notice specifying with particularity any areas that are

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426 deficient.
427 b. The vacation rental owner or operator and the local
428 government may agree to a reasonable request to extend the
429 timeframes provided in this subparagraph, particularly in the
430 event of a force majeure or other extraordinary circumstance.
431 c. When a local government denies an application for
432 registration of a vacation rental, the local government must
433 give written notice to the applicant. Such notice may be
434 provided by United States mail or electronically. The written
435 notice must specify with particularity the factual reasons for
436 the denial and include a citation to the applicable portions of
437 an ordinance, a rule, a statute, or other legal authority for
438 the denial of the registration. A local government may not deny
439 any applicant from reapplying if the applicant cures the
440 identified deficiencies.
441 d. If the local government fails to accept or deny the
442 registration within the timeframes provided in this
443 subparagraph, the application is deemed accepted.
444 e. Upon an accepted registration of a vacation rental, a
445 local government shall assign a unique registration number to
446 the vacation rental or other indicia of registration and provid e
447 the registration number or other indicia of registration to the
448 owner or operator of the vacation rental in writing or
449 electronically.
450 5. The local government may terminate or refuse to issue

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451 or renew a vacation rental registration when:
452 a. The operation of the subject premises violates a
453 registration requirement authorized pursuant to this paragraph
454 or a local law, ordinance, or regulation that does not apply
455 solely to vacation rentals; or
456 b. The premises and its owner are the subject of a final
457 order or judgment lawfully directing the termination of the
458 premises' use as a vacation rental.
459 (d) The regulation of advertising platforms is preempted
460 to the state as provided in this chapter.
461 Section 4. Effective January 1, 2023, subsections (2) and
462 (3) of section 509.241, Florida Statutes, are amended to read:
463 509.241 Licenses required; exceptions.—
464 (2) APPLICATION FOR LICENSE.—Each person who plans to open
465 a public lodging establishment or a public food service
466 establishment shall apply for and receive a license from the
467 division before prior to the commencement of operation. A
468 condominium association, as defined in s. 718.103, which does
469 not own any units classified as vacation rentals or timeshare
470 projects under s. 509.242(1)(c) or (g) is not required to apply
471 for or receive a public lodging establishment license. All
472 applications for a vacation rental license must, if applicable,
473 include the local registration number or other proof of
474 registration required by local law, ordinance, or regulation.
475 Upon receiving an application for a vacation rental license, the

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476 division may grant a temporary license that authorizes the
477 vacation rental to begin operation while the application is
478 pending and to post the information required under s.
479 509.243(1)(c). The temporary license automatically expires upon
480 final agency action regarding the license application.
481 (3) DISPLAY OF LICENSE.—Any license issued by the division
482 must shall be conspicuously displayed to the public inside in
483 the office or lobby of the licensed establishment. Public food
484 service establishments that which offer catering services must
485 shall display their license number on all advertising for
486 catering services. The owner or operator of a vacation rental
487 offered for transient occupancy through an advertising platform
488 must also display the vacation rental license number and, if
489 applicable, the local registration number.
490 Section 5. Effective January 1, 2023, section 509.243,
491 Florida Statutes, is created to read:
492 509.243 Advertising platforms.—
493 (1)(a) An advertising platform must require that a person
494 who places an advertisement for the rental of a vacation rental:
495 1. Include in the advertisement the vacation rental
496 license number and, if applicable, the local registration
497 number; and
498 2. Attest to the best of the person's knowledge that the
499 license number for the vacation rental property and the local
500 registration are current, valid, and accurately stated in the

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501 advertisement.
502 (b) An advertising platform must display the vacation
503 rental license number and, if applicable, the local registration
504 number. Effective July 1, 2023, the advertising platform must
505 check that the vacation rental license number provided by the
506 owner or operator appears as current in the information posted
507 by the division pursuant to paragraph (c) and applies to the
508 subject vacation rental before publishing the advertisement on
509 its platform and again at the end of each calendar quarter that
510 the advertisement remains on its platform.
511 (c) By July 1, 2023, the division shall maintain vacation
512 rental license information in a readily accessible electronic
513 format that is sufficient to facilitate prompt compliance with
514 the requirements of this subsection by an advertising platform
515 or a person placing an advertisement on an advertising platform
516 for transient rental of a vacation rental.
517 (2) An advertising platform must remove from public view
518 an advertisement or a listing from its online application,
519 software, website, or system within 15 business days after being
520 notified by the division in writing that the subject
521 advertisement or listing for the rental of a vacation rental
522 located in this state fails to display a valid license number
523 issued by the division.
524 (3) If a guest uses a payment system on or through an
525 advertising platform to pay for the rental of a vacation rental

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526 located in this state, the advertising platform must collect and
527 remit all taxes due under ss. 125.0104, 125.0108, 205.044,
528 212.03, 212.0305, and 212.055 related to the rental as provided
529 in s. 212.03(2)(b).
530 (4) If the division has probable cause to believe that a
531 person not licensed by the division has violated this chapter or
532 any rule adopted pursuant thereto, the division may issue and
533 deliver to such person a notice to cease and desist from the
534 violation. The issuance of a notice to cease and desist does not
535 constitute agency action for which a hearing under s. 120.569 or
536 s. 120.57 may be sought. For the purpose of enforcing a cease
537 and desist notice, the division may file a proceeding in the
538 name of the state seeking the issuance of an injunction or a
539 writ of mandamus against any person who violates any provision
540 of the notice. If the division is required to seek enforcement
541 of the notice for a penalty pursuant to s. 120.69, it is
542 entitled to collect attorney fees and costs, together with any
543 cost of collection.
544 (5) The division may fine an advertising platform an
545 amount not to exceed $1,000 per offense for violations of this
546 section or of the rules of the division. For the purposes of
547 this subsection, the division may regard as a separate offense
548 each day or portion of a day in which an advertising platform is
549 operated in violation of this section or rules of the division.
550 The division shall issue a written warning or notice and provide

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551 the advertising platform 15 days to cure a violation before
552 commencing any legal proceeding under subsection (4).
553 (6) Advertising platforms shall adopt an
554 antidiscrimination policy to help prevent discrimination among
555 their users and shall inform all users of their services that it
556 is illegal to refuse accommodation to an individual based on
557 race, creed, color, sex, pregnancy, physical disability, or
558 national origin pursuant to s. 509.092.
559 (7) Advertising platforms that comply with the
560 requirements of this section are deemed to be in compliance with
561 the requirements of this chapter. This section does not create
562 and is not intended to create a private cause of action against
563 advertising platforms. An advertising platform may not be held
564 liable for any action it takes voluntarily in good faith in
565 relation to its users to comply with this chapter or the
566 advertising platform's terms of service.
567 Section 6. Subsections (10) and (11) are added to section
568 509.261, Florida Statutes, to read:
569 509.261 Revocation or suspension of licenses; fines;
570 procedure.—
571 (10) The division may revoke, refuse to issue or renew, or
572 suspend for a period of not more than 30 days a vacation rental
573 license when:
574 (a) The operation of the subject premises violates the
575 terms of an applicable lease or property restriction, including

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576 any property restriction adopted pursuant to chapter 718,
577 chapter 719, or chapter 720, as determined by a final order of a
578 court of competent jurisdiction or a written decision by an
579 arbitrator authorized to arbitrate a dispute relating to the
580 subject property and a lease or property restriction;
581 (b) The owner or operator fails to provide proof of
582 registration, if required by local law, ordinance, or
583 regulation;
584 (c) The registration of the vacation rental is terminated
585 by a local government as provided in s. 509.032(7)(b)5.; or
586 (d) The premises and its owner are the subject of a final
587 order or judgment lawfully directing the termination of the
588 premises' use as a vacation rental.
589 (11) The division may suspend, for a period of not more
590 than 30 days, a vacation rental license when the owner or
591 operator has been cited for two or more code violations related
592 to the vacation rental during a period of 90 days. The division
593 shall issue a written warning or notice and provide an
594 opportunity to cure a violation before commencing any legal
595 proceeding under this subsection.
596 Section 7. Paragraph (n) of subsection (2) of section
597 775.21, Florida Statutes, is amended to read:
598 775.21 The Florida Sexual Predators Act.—
599 (2) DEFINITIONS.—As used in this section, the term:
600 (n) "Temporary residence" means a place where the person

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601 abides, lodges, or resides, including, but not limited to,
602 vacation, business, or personal travel destinations in or out of
603 this state, for a period of 3 or more days in the aggregate
604 during any calendar year and which is not the person's permanent
605 address or, for a person whose permanent residence is not in
606 this state, a place where the person is employed, practices a
607 vocation, or is enrolled as a student for any period of time in
608 this state. The term also includes a vacation rental, as defined
609 in s. 509.242(1)(c), where a person lodges for 24 hours or more.
610 Section 8. Subsection (12) of section 159.27, Florida
611 Statutes, is amended to read:
612 159.27 Definitions.—The following words and terms, unless
613 the context clearly indicates a different meaning, shall have
614 the following meanings:
615 (12) "Public lodging or restaurant facility" means
616 property used for any public lodging establishment as defined in
617 s. 509.242 or public food service establishment as defined in s.
618 509.013 s. 509.013(5) if it is part of the complex of, or
619 necessary to, another facility qualifying under this part.
620 Section 9. Paragraph (jj) of subsection (7) of section
621 212.08, Florida Statutes, is amended to read:
622 212.08 Sales, rental, use, consumption, distribution, and
623 storage tax; specified exemptions.—The sale at retail, the
624 rental, the use, the consumption, the distribution, and the
625 storage to be used or consumed in this state of the following

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626 are hereby specifically exempt from the tax imposed by this
627 chapter.
628 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
629 entity by this chapter do not inure to any transaction that is
630 otherwise taxable under this chapter when payment is made by a
631 representative or employee of the entity by any means,
632 including, but not limited to, cash, check, or credit card, even
633 when that representative or employee is subsequently reimbursed
634 by the entity. In addition, exemptions provided to any entity by
635 this subsection do not inure to any transaction that is
636 otherwise taxable under this chapter unless the entity has
637 obtained a sales tax exemption certificate from the department
638 or the entity obtains or provides other documentation as
639 required by the department. Eligible purchases or leases made
640 with such a certificate must be in strict compliance with this
641 subsection and departmental rules, and any person who makes an
642 exempt purchase with a certificate that is not in strict
643 compliance with this subsection and the rules is liable for and
644 shall pay the tax. The department may adopt rules to administer
645 this subsection.
646 (jj) Complimentary meals.—Also exempt from the tax imposed
647 by this chapter are food or drinks that are furnished as par t of
648 a packaged room rate by any person offering for rent or lease
649 any transient living accommodations as described in s. 509.013
650 s. 509.013(4)(a) which are licensed under part I of chapter 509

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651 and which are subject to the tax under s. 212.03, if a separate
652 charge or specific amount for the food or drinks is not shown.
653 Such food or drinks are considered to be sold at retail as part
654 of the total charge for the transient living accommodations.
655 Moreover, the person offering the accommodations is not
656 considered to be the consumer of items purchased in furnishing
657 such food or drinks and may purchase those items under
658 conditions of a sale for resale.
659 Section 10. Paragraph (b) of subsection (4) of section
660 316.1955, Florida Statutes, is amended to read:
661 316.1955 Enforcement of parking requirements for persons
662 who have disabilities.—
663 (4)
664 (b) Notwithstanding paragraph (a), a theme park or an
665 entertainment complex as defined in s. 509.013 s. 509.013(9)
666 which provides parking in designated areas for persons who have
667 disabilities may allow any vehicle that is transporting a person
668 who has a disability to remain parked in a space reserved for
669 persons who have disabilities throughout the period the theme
670 park is open to the public for that day.
671 Section 11. Subsection (5) of section 404.056, Florida
672 Statutes, is amended to read:
673 404.056 Environmental radiation standards and projects;
674 certification of persons performing measurement or mitigation
675 services; mandatory testing; notification on real estate

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676 documents; rules.—
677 (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
678 shall be provided on at least one document, form, or application
679 executed at the time of, or before prior to, contract for sale
680 and purchase of any building or execution of a rental a greement
681 for any building. Such notification must shall contain the
682 following language:
683
684 "RADON GAS: Radon is a naturally occurring radioactive gas
685 that, when it has accumulated in a building in sufficient
686 quantities, may present health risks to persons who are exposed
687 to it over time. Levels of radon that exceed federal and state
688 guidelines have been found in buildings in Florida. Additional
689 information regarding radon and radon testing may be obtained
690 from your county health department."
691
692 The requirements of this subsection do not apply to any
693 residential transient occupancy, as described in s. 509.013 s.
694 509.013(12), provided that such occupancy is 45 days or less in
695 duration.
696 Section 12. Subsection (6) of section 477.0135, Florida
697 Statutes, is amended to read:
698 477.0135 Exemptions.—
699 (6) A license is not required of any individual providing
700 makeup or special effects services in a theme park or

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701 entertainment complex to an actor, stunt person, musician,
702 extra, or other talent, or providing makeup or special effects
703 services to the general public. The term "theme park or
704 entertainment complex" has the same meaning as in s. 509.013 s.
705 509.013(9).
706 Section 13. Paragraph (b) of subsection (2) of section
707 509.221, Florida Statutes, is amended to read:
708 509.221 Sanitary regulations.—
709 (2)
710 (b) Within a theme park or entertainment complex as
711 defined in s. 509.013 s. 509.013(9), the bathrooms are not
712 required to be in the same building as the public food service
713 establishment, so long as they are reasonably accessible.
714 Section 14. Paragraph (b) of subsection (5) of section
715 553.5041, Florida Statutes, is amended to read:
716 553.5041 Parking spaces for persons who have
717 disabilities.—
718 (5) Accessible perpendicular and diagonal accessible
719 parking spaces and loading zones must be designed and located to
720 conform to ss. 502 and 503 of the standards.
721 (b) If there are multiple entrances or multiple retail
722 stores, the parking spaces must be dispersed to provide parking
723 at the nearest accessible entrance. If a theme park or an
724 entertainment complex as defined in s. 509.013 s. 509.013(9)
725 provides parking in several lots or areas from which access to

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726 the theme park or entertainment complex is provided, a single
727 lot or area may be designated for parking by persons wh o have
728 disabilities, if the lot or area is located on the shortest
729 accessible route to an accessible entrance to the theme park or
730 entertainment complex or to transportation to such an accessible
731 entrance.
732 Section 15. Paragraph (b) of subsection (5) of section
733 559.955, Florida Statutes, is amended to read:
734 559.955 Home-based businesses; local government
735 restrictions.—
736 (5) The application of this section does not supersede:
737 (b) Local laws, ordinances, or regulations related to
738 transient public lodging establishments, as defined in s.
739 509.013 s. 509.013(4)(a)1., that are not otherwise preempted
740 under chapter 509.
741 Section 16. Subsection (2) of section 705.17, Florida
742 Statutes, is amended to read:
743 705.17 Exceptions.—
744 (2) Sections 705.1015-705.106 do not apply to any personal
745 property lost or abandoned on premises located within a theme
746 park or entertainment complex, as defined in s. 509.013 s.
747 509.013(9), or operated as a zoo, a museum, or an aquarium, or
748 on the premises of a public food service establishment or a
749 public lodging establishment licensed under part I of chapter
750 509, if the owner or operator of such premises elects to comply

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751 with s. 705.185.
752 Section 17. Section 705.185, Florida Statutes, is amended
753 to read:
754 705.185 Disposal of personal property lost or abandoned on
755 the premises of certain facilities.—When any lost or abandoned
756 personal property is found on premises located within a theme
757 park or entertainment complex, as defined in s. 509.013 s.
758 509.013(9), or operated as a zoo, a museum, or an aquarium, or
759 on the premises of a public food service establishment or a
760 public lodging establishment licensed under part I of chapter
761 509, if the owner or operator of such premises elects to comply
762 with this section, any lost or abandoned property must be
763 delivered to such owner or operator, who must take charge of the
764 property and make a record of the date such property was found.
765 If the property is not claimed by its owner within 30 days after
766 it is found, or a longer period of time as may be deemed
767 appropriate by the owner or operator of the premises, the owner
768 or operator of the premises may not sell and must dispose of the
769 property or donate it to a charitable institution that is exempt
770 from federal income tax under s. 501(c)(3) of the Internal
771 Revenue Code for sale or other disposal as the charitable
772 institution deems appropriate. The rightful owner of the
773 property may reclaim the property from the owner or operator of
774 the premises at any time before the disposal or donation of the
775 property in accordance with this section and the established

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776 policies and procedures of the owner or operator of the
777 premises. A charitable institution that accepts an electronic
778 device, as defined in s. 815.03(9), access to which is not
779 secured by a password or other personal identification
780 technology, shall make a reasonable effort to delete all
781 personal data from the electronic device before its sale or
782 disposal.
783 Section 18. Section 717.1355, Florida Statutes, is amended
784 to read:
785 717.1355 Theme park and entertainment complex tickets. —
786 This chapter does not apply to any tickets for admission to a
787 theme park or entertainment complex as defined in s. 509.013 s.
788 509.013(9), or to any tickets to a permanent exhibition or
789 recreational activity within such theme park or entertainment
790 complex.
791 Section 19. Subsection (8) of section 877.24, Florida
792 Statutes, is amended to read:
793 877.24 Nonapplication of s. 877.22.—Section 877.22 does
794 not apply to a minor who is:
795 (8) Attending an organized event held at and sponsored by
796 a theme park or entertainment complex as defined in s. 509.013
797 s. 509.013(9).
798 Section 20. The application of this act does not supersede
799 any current or future declaration or declaration of condominium
800 adopted pursuant to chapter 718, Florida Statutes, cooperative

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801 document adopted pursuant to chapter 719, Florida Statutes, or
802 declaration or declaration of covenant adopted pursuant to
803 chapter 720, Florida Statutes.
804 Section 21. (1) The Department of Revenue is authorized,
805 and all conditions are deemed to be met, to adopt emergency
806 rules pursuant to s. 120.54(4), Florida Statutes, for the
807 purpose of implementing s. 212.03, Florida Statutes, including
808 establishing procedures to facilitate the remittance of taxes.
809 (2) Notwithstanding any other law, emergency rules adopted
810 pursuant to subsection (1) are effective for 6 months after
811 adoption and may be renewed during the pendency of procedures to
812 adopt permanent rules addressing the subject of the emergency
813 rules.
814 (3) This section expires January 1, 2025.
815 Section 22. Except as otherwise expressly provided in this
816 act, this act shall take effect upon becoming a law.

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REGULATORY REFORM SUBCOMMITTEE

HB 325 by Rep. Fisher
Vacation Rentals

AMENDMENT SUMMARY
January 27, 2022

Amendment 1 by Rep. Fischer (lines 366-396):
• Removes the $50 vacation rental registration fee;
• Allows existing vacation rental registration fees to continue and prohibits such fees from
being increased; and
• Requires local governments to waive the fine for failure of a vacation rental to register
with a local vacation rental registration program if the requirement to register is satisfied
within 30 days.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 325 (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 Fischer offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 366-396 and insert:
7 (7) PREEMPTION AUTHORITY.—
8 (a) The regulation of public lodging establishments and
9 public food service establishments, including, but not limited
10 to, sanitation standards, licensing, inspections, training and
11 testing of personnel, and matters related to the nutritional
12 content and marketing of foods offered in such establishments,
13 is preempted to the state. This paragraph does not preempt the
14 authority of a local government or local enforcement district to
15 conduct inspections of public lodging and public food service
16 establishments for compliance with the Florida Building Code and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 325 (2022)
Amendment No. 1

17 the Florida Fire Prevention Code, pursuant to ss. 553.80 and
18 633.206.
19 (b)1. A local law, ordinance, or regulation may not
20 prohibit vacation rentals or regulate the duration or frequency
21 of rental of vacation rentals. This paragraph does not apply to
22 any local law, ordinance, or regulation adopted on or before
23 June 1, 2011, including when such law, ordinance, or regulation
24 is amended to be less restrictive or to comply with the local
25 registration requirements provided in this paragraph.
26 Notwithstanding paragraph (a), a local law, ordinance, or
27 regulation may require the registration of vacation rentals with
28 a local vacation rental registration program. Local governments
29 may adopt a vacation rental registration program pursuant to
30 subparagraph 3. and impose a fine for failure to register under
31 the vacation rental registration program. However, a local
32 government must waive the fine if the vacation rental becomes
33 registered under a vacation rental registration program within
34 30 days after receiving notice of the fine and deficiency.
35 2. A local government may not charge a fee for
36 processing a registration application, except for local
37 governments that adopted vacation rental registration fees on or
38 before the effective date of this act, which may be amended to
39 be reduced or eliminated, but may not be increased. A local law,
40 ordinance, or regulation may not require renewal of a
41 registration more than once per year. However, if there is a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 325 (2022)
Amendment No. 1

42 change of ownership, the new owner may be required to submit a
43 new application for registration.
44 Between lines 814 and 815, insert:
45 Section 22. The Division of Law Revision is directed to
46 replace the phrase "the effective date of this act" wherever it
47 occurs in this act with the date this act becomes a law.
48
49 -----------------------------------------------------
50 T I T L E A M E N D M E N T
51 Remove lines 17-19 and insert:
52 programs and impose fines for failure to register;
53 authorizing the waiver of such fines; authorizing local
54 governments to charge fees for processing registration
55 applications; providing an exception; specifying
56 Remove line 78 and insert:
57 rulemaking authority; providing a directive to the
58 Divisoin of Law Revision; providing effective dates.

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HB 705
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 705 Mergers and Acquisitions Reporting
SPONSOR(S): Grall
TIED BILLS: IDEN./SIM. BILLS: SB 1112

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Wright Anstead

2) Appropriations Committee

3) Commerce Committee

SUMMARY ANALYSIS
Healthy competition in economic markets keeps prices low and quality high for consumers. When one entity
becomes too strong, it can stifle competition, leading to higher prices and harm to consumers. Antitrust law
exists to protect consumers by promoting competition in the marketplace.

The U.S. Congress, and many states, has passed several laws to help promote competition by outlawing unfair
methods of competition. One such law is the Hart-Scott-Rodino Act (HSRA), which requires entities to provide
certain federal government agencies with information about large mergers and acquisitions before they occur,
in a notification form called the “Notification and Report Form for Certain Mergers and Acquisitions” (HSRA
filing).

Currently, the Florida Office of the Attorney General (OAG) does not receive notice of HSRA filings unless they
are voluntarily provided by the combining entities or discovered through public sources. In addition, such
sources are not generally made publicly available by the federal government.

The bill requires any entity conducting business in the state to provide notice to the OAG that it has submitted
an HSRA filing at the same time the HSRA filing is filed with the federal government.

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

The bill will not have a fiscal impact on local governments, and may have a minimal, indeterminate fiscal
impact on state government.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0705.RRS
DATE: 1/26/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Antitrust Law

Healthy competition in economic markets keeps prices low and quality high for consumers. When one
entity becomes too strong or entertains unfair methods of competition, it can stifle competition, leading
to higher prices and harm to consumers. Antitrust law exists to protect competition, but not necessarily
individual competitors, in economic markets, based on the idea that an unregulated market will lead to
the creation of coercive monopolies.1

Federal antitrust law includes the Sherman Antitrust Act, the Clayton Act, and the Federal Trade
Commission Act. These laws are enforced in federal district court2 by the U.S. Department of Justice
(DOJ), the Federal Trade Commission (FTC), state Attorneys General, and private plaintiffs. Antitrust
case law is well-developed, and it is often difficult to distinguish aggressive, pro-competitive conduct—
which is legal—from predatory, anti-competitive conduct.3

The Clayton Act4 prohibits specific business actions, including mergers and acquisitions, which may
substantially lessen competition. To determine whether a merger violates the Clayton Act, a court must
decide whether the merger is likely to create an appreciable danger of anticompetitive effects. 5

The Sherman Antitrust Act6 prohibits any attempt to restrain trade or form a monopoly in a predatory
manner. A monopoly has two elements: (1) monopoly power and (2) willful acquisition or maintenance
of that power, as opposed to power naturally resulting from a superior product, acumen, or historic
accident. Penalties for violating the Sherman Act include up to ten years’ imprisonment and a fine up to
$100 million for a corporation or $1 million for any other person.7

The Florida Antitrust Act of 19808 is intended to complement federal antitrust law in order to foster
effective competition. Implemented by the Office of the Attorney General (OAG), it essentially mirrors the
federal Sherman Act, and prohibits:9
 Every contract, combination, or conspiracy in restraint of trade or commerce;10 and
 Monopolization or attempted monopolization of any part of trade or commerce. 11

A Florida antitrust law violation is punishable by up to three years' imprisonment and fines up to $1
million for a corporation and $100,000 for any other person.12 There is also a private right of action for
any person injured by certain antitrust violations.13

Florida law does not provide a corollary to the federal Clayton Act, which specifically targets mergers
and acquisitions that may lessen competition. However, the Attorney General considers the Florida

1
John J. Miles, Antitrust Primer, 20140513 AHLA Seminar Papers 1 (2014) (The purpose of antitrust law is to "protect and promote
competition as the primary method by which this country allocates scarce resources to maximize the welfare of consumers.").
2 Steven Fox, Litigation Under Florida's Deceptive and Unfair Trade Practices Act, the Florida Antitrust Act, or Federal Antitrust

Statutes, The Florida Bar, Business Litigation in Florida (2017) (Federal district courts have exclusive jurisdiction over federal antitrust
actions).
3
Animesh Ballabh, Antitrust Law: An Overview, 88 J. Pat. & Trademark Off. Soc'y 877 (2006); John J. Miles, Antitrust Primer, 20140513
AHLA Seminar Papers 1 (2014).
4 15 U.S.C. § 18;
5 See also Olin Corp. v. FTC, 986 F.2d 1295, 1305 (9th Cir. 1993) (discussing how plaintiff’s establishment of a prima facie case on

statistical evidence is first step in a court’s analysis); Chicago Bridge & Iron Co. v. FTC, 534 F.3d 410, 423 (5th Cir. 2008).
6 15 U.S.C. §§ 1 et seq.
7 15 U.S.C. § 1.
8 Ss. 542.15 – 542.36, F.S.
9 S. 542.16, F.S.
10 S. 542.18, F.S.
11 S. 542.19, F.S.
12 S. 542.21, F.S.
13 Ss. 542.21 and 542.22, F.S.

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Antitrust Act of 1980 and the Florida Deceptive and Unfair Trade Practices Act broad enough to
encompass those types of violations.14

Premerger Notification Program

The Hart-Scott-Rodino Act15 (HSRA), an amendment to the Clayton Act, established the federal
Premerger Notification Program (PNP), which provides the FTC and the DOJ with information about
large mergers and acquisitions before they occur.16 The PNP was established to avoid some of the
difficulties and expense that the enforcement agencies encounter when they challenge anticompetitive
acquisitions after they have occurred. Prior review under the PNP enables the FTC and the DOJ to
determine which acquisitions are likely to be anticompetitive and to challenge them at a time when
remedial action is most effective.17

The parties to certain proposed transactions must submit premerger notification to the FTC and DOJ.
Premerger notification involves completing the “Notification and Report Form for Certain Mergers and
Acquisitions” (HSRA filing) with information about each company’s business. 18

HSRA requires persons contemplating proposed business transactions that satisfy certain size
criteria to report their intentions to the enforcement agencies before consummating the
transaction. If the proposed transaction is reportable, then both the acquiring person and the
person whose business is being acquired must submit information about their respective business
operations to the enforcement agencies and wait a specific period of time before consummating
the proposed transaction. During that waiting period, the enforcement agencies review the
antitrust implications of the proposed transaction. Whether a particular transaction is reportable
is determined by application of HSRA, the related rules, and formal and informal staff interpretations.

As a general matter, HSRA and the related rules require both acquiring and acquired persons to file
notifications under the PNP if all of the following conditions are met:19
 As a result of the transaction, the acquiring person will hold an aggregate amount of voting
securities, non-corporate interests (NCI) and/or assets of the acquired person valued in excess
of $200 million (as adjusted), regardless of the sales or assets of the acquiring and acquired
persons ; or
 As a result of the transaction, the acquiring person will hold an aggregate amount of voting
securities, NCI and/or assets of the acquired person valued in excess of $50 million (as
adjusted) but at $200 million (as adjusted) or less; and
 One person has sales or assets of at least $100 million (as adjusted); and
 The other person has sales or assets of at least $10 million (as adjusted).

Florida’s Role in Premerger Actions

State Attorneys General, including the Florida OAG, have power under the Clayton Act to
independently sue to enjoin a merger or acquisition. But, according to industry experts, State Attorneys
General do not have access to the same investigative tools as federal enforcers, such as automatically
receiving HSRA filings. For this reason, state AGs more typically allow the federal agencies to take the
lead in merger investigations and enforcement actions.

The HSRA contains confidentiality provisions 20 that prohibit the federal agencies from sharing
information gathered pursuant to the HSR Act with state AGs absent the consent of the merging
parties. According to industry practitioners, in order to avoid the burden of having to comply with

14 Florida Attorney General, Antitrust, http://myfloridalegal.com/antitrust (last visited Jan. 25, 2022).
15 15 U.S.C. § 18a.
16 Federal Trade Commission, Premerger Notification Program, Premerger Notification Program | Federal Trade Commission (ftc.gov)

(last visited Jan. 25, 2022).
17 FTC Premerger Notification Office, Introductory Guide I, p. 1 (Mar. 2009), Introductory Guide 1- What is the Premerger Notification

Program? An Overview (ftc.gov) (last visited Jan. 25, 2022).
18 FTC, supra note 19.
19 FTC PNO, supra note 20 at 2-3.
20 15 U.S.C. § 18A(h).

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multiple demands for information, the parties generally provide such consent. Upon receiving consent
from the merging parties, the federal agencies are permitted to provide state AGs with copies of any
issued civil investigative demands or second requests.21

The OAG has expressed that receiving notices of these transactions prior to their consummation will
enable the OAG to stop anticompetitive transactions and preserve competition. 22

Effect of the Bill

The bill requires any entity conducting business in the state to provide notice to the OAG that it has
submitted HSRA filings at the same time the HSRA filing is filed with the federal government.

B. SECTION DIRECTORY:

Section 1: Provides filing requirements for certain large entities participating in a merger or
acquisition.
Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
Receiving HSRA filings may cause an increased workload. There is likely a minimal, though
indeterminate, fiscal impact.23

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Unknown.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

21 Bruning Law Group, State Attorneys General and Their Influence on Merger Enforcement, State Attorneys General and Their

Influence on Merger Enforcement - Bruning Law Group (last visited Jan. 25, 2022).
22 Office of the Attorney General, Agency Analysis of 2022 House Bill 705, Jan. 25, 2022).
23 Id.

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2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 705 2022

1 A bill to be entitled
2 An act relating to mergers and acquisitions reporting;
3 creating s. 542.275, F.S.; requiring certain entities
4 to submit written notice of a specified filing to the
5 Office of the Attorney General relating to certain
6 transactions; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 542.275, Florida Statutes, is created
11 to read:
12 542.275 Mergers and acquisitions reporting; notice
13 required.—Any entity conducting business in the state which is
14 required to file the Notification and Report Form for Certain
15 Mergers and Acquisitions pursuant to the Hart-Scott-Rodino
16 Antitrust Improvements Act of 1976, 15 U.S.C. s. 18a(a), shall
17 provide written notice of such filing to the Office of the
18 Attorney General at the same time that notice is filed with the
19 Federal Government.
20 Section 2. This act shall take effect July 1, 2022.

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HB 1227
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1227 Online Marketplace Transparency
SPONSOR(S): Toledo and others
TIED BILLS: IDEN./SIM. BILLS: SB 944

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Wright Anstead

2) Judiciary Committee

3) Commerce Committee

SUMMARY ANALYSIS
As e-commerce grows, the sale of counterfeit and stolen goods alongside authentic products continues to be a
concern. E-commerce platforms may enable counterfeiters or thieves to produce or sell products at lower
prices, while also reaching a larger number of potential customers.

The bill creates s. 559.953, F.S., which establishes that an online marketplace must require high-volume third-
party sellers (HVTPS) to provide the online marketplace with verification and disclosure information.
Additionally, an online marketplace must require HVTPS with an aggregate total of $20,000 or more in annual
gross revenues on its online platform to provide consumers with disclosure information.

The bill requires an online marketplace to provide consumers with a reporting mechanism that allows for
electronic and telephonic reporting of suspicious marketplace activity to the online marketplace and a message
encouraging individuals seeking to purchase products to report suspicious activity to the online marketplace.

The bill provides that a violation of s. 559.953, F.S., constitutes a violation of the Florida Deceptive and Unfair
Trade Practices Act, and the Department of Legal Affairs (DLA) may adopt rules to collect and verify the
required information. Additionally, regulation under s. 559.953, F.S., is preempted to DLA.

The bill takes effect July 1, 2022.

The bill does not appear to affect local governments and may have an indeterminate fiscal impact on state
government.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1227.RRS
DATE: 1/25/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) became law in 1973. 1 The FDUTPA is
a consumer and business protection measure that prohibits unfair methods of competition,
unconscionable acts or practices, and unfair or deceptive acts or practices in trade or commerce. 2 The
FDUTPA is based on federal law, and s. 501.204(2), F.S., provides that it is the intent of the Legislature
that due consideration and great weight must be given to the interpretations of the Federal Trade
Commission and the federal courts relating to section 5 of the Federal Trade Commission Act. 3

The State Attorney or the Department of Legal Affairs (DLA) under the Attorney General may bring
actions when it is in the public interest on behalf of consumers or governmental entities. 4 The Office of
the State Attorney may enforce violations of the FDUTPA if the violations take place in its jurisdiction. 5
DLA has enforcement authority if the violation is multi-jurisdictional, the state attorney defers in writing,
or the state attorney fails to act within 90 days after a written complaint is filed. 6 Consumers may also
file suit through private actions.7

DLA and the State Attorney, as enforcing authorities, may seek the following remedies:
 Declaratory judgments;
 Injunctive relief;
 Actual damages on behalf of consumers and businesses;
 Cease and desist orders; and
 Civil penalties of up to $10,000 per willful violation.8

Remedies for private parties are limited to the following:
 A declaratory judgment and an injunction where a person is aggrieved by a FDUTPA violation;
and
 Actual damages, attorney fees and court costs, where a person has suffered a loss due to a
FDUTPA violation.9

1 Ch. 73-124, Laws of Fla.; codified at part II of ch. 501, F.S.
2 See ss. 501.202 & 501.203, F.S.
3 See s 501.204(2), F.S.
4 See ss. 501.203(2), 501.206, and 501.207, F.S.
5 S. 501.203(2), F.S.
6 Id.
7 S. 501.211, F.S.
8 Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities

may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
9 Section 501.211(1) and (2), F.S.
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Federal Unfair and Deceptive Trade Practices

The Federal Trade Commission’s (FTC’s) unfair and deceptive trade practices regulations prohibit
unfair10 or deceptive11 acts or practices in or affecting commerce.12 To enforce these regulations, the
FTC takes law enforcement actions, provides consumer and business education, issues reports and
policy guidance, leads workshops, and participates in other forums. 13

The FTC provides “online shopping” guidance to consumers. 14 The guidance includes how to confirm
an online seller’s physical address and phone number, scrutinize details provided about a product,
paying with credit card, keep records of any transaction, and protect personal information. 15
Additionally, the FTC offers resources on how to compare products online, as well as where to go to
report online shopping fraud.16

E-commerce Marketplace

As e-commerce grows, the sale of counterfeit goods alongside authentic products continues to be a
concern.17 In 2020, the Department of Homeland Security published a report detailing potential
strategies and policies to combat the trade of counterfeit goods. 18 According to the report, e-commerce
platforms enable counterfeiters to produce products at lower prices, while also reaching a larger
number of potential customers.19 The report points to a scenario where third-party marketplace
websites contain photos of the real product, fake reviews of the counterfeit product, and other
information designed to mislead consumers.20

The report also discusses how the online marketplace is changing consumer attitudes and
perceptions.21 For instance, shopping online makes it harder for consumers to identify what the report
calls traditional “red flag” indicators, which has the potential to cause safety risks when consumers rely
on false claims that certain products have health or safety certificates. 22 The report points out that this
dynamic creates a lack of consumer trust, as well as harming the reputation of brands or businesses. 23

In 2019, the Organization for Economic Cooperation and Development (OECD) in partnership with the
EU Intellectual Property Office also published a study detailing trends in counterfeit and pirated

10 An “unfair” practice is unfair if it causes or is likely to cause substantial injury to consumers which is not reasonably
avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. See
15 U.S.C. Sec. 45(n).
11 A “deceptive” practice involves a material representation, omission or practice that is likely to mislead a consumer

acting reasonably in the circumstances. See FTC Policy Statement on Deception (Oct. 14, 1983) available at
https://www.ftc.gov/system/files/documents/public_statements/410531/831014deceptionstmt.pdf (last visited Jan. 14,
2022). See also Federal Trade Commission, A Brief Overview of the Federal Trade Commission's Investigative, Law
Enforcement, and Rulemak ing Authority (revised, May 2021) available at https://www.ftc.gov/about-ftc/what-we-
do/enforcement-authority (last visited Jan. 14, 2022).
12 15 U.S.C. s. 45(a)(1).
13 Federal Trade Commission, Protecting Consumers from Fraud and Deception, available at https://www.ftc.gov/news-

events/media-resources/truth-advertising/protecting-c onsumers (last visited Jan. 14, 2022).
14 See Federal Trade Commission, Shopping Online, available at https://www.consumer.ftc.gov/articles/0020 -shopping-

online (last visited Jan. 14, 2022).
15 Id.
16 Id. See also Federal Trade Commission, Comparison Shopping, available at https://www.consumer.ftc.gov/shopping

(last visited Jan. 14, 2022).
17 See Department of Homeland Security, Combating Traffick ing in Counterfeit and Pirated Goods (Jan. 24, 2020),

available at https://www.dhs.gov/sites/default/files/publications/20_0124_plcy_counterfeit-pirated-goods-report_01.pdf
(last visited Jan. 14, 2022).
18 Id.
19 Id. at 21.
20 Id. at 22.
21 Id. at 14.
22 Id. at 15.
23 Id.
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goods.24 According to the OECD, trade in fake goods infringe on trademarks and copyright, while also
potentially harming the health and safety of consumers. 25 The OECD reported that counterfeit and
pirated goods were steadily rising, and in March of 2019, accounted for 3.3 percent of global trade. 26

Industry Self-Regulation

Because there is documented consumer harm from third-party sellers on online marketplaces, some
online marketplaces have started new programs and requirements for verifying third-party sellers in the
interests of self-regulation. For example, Amazon is testing using video calls to verify third-party sellers
as it attempts to minimize the amount of fraudulent accounts and listings on its platform. The live
verification initiative initially used in-person meetings when it began, but pivoted to video conferencing
as the COVID-19 pandemic made social distancing measures necessary. Amazon says its existing
verification process for third-party sellers uses a combination of machine learning and human review to
remove suspected bad actors. The company said these processes stopped 2.5 million accounts from
listing items for sale in 2019.27

Preemption

Local governments have broad authority to legislate on any matter that is not inconsistent with federal
or state law. A local government enactment may be inconsistent with state law if (1) the Legislature has
preempted a particular subject area or (2) the local enactment conflicts with a state statute. Where
state preemption applies, it precludes a local government from exercising authority in that particular
area.28

Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred. 29 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent.30 In cases where the
Legislature expressly or specifically preempts an area, there is no problem with ascertaining what the
Legislature intended.31

In cases determining the validity of ordinances enacted in the face of state preemption, the effect has
been to find such ordinances null and void.32 Implied preemption is actually a decision by the courts to
create preemption in the absence of an explicit legislative directive. 33 Preemption of a local government
enactment is implied only where the legislative scheme is so pervasive as to evidence an intent to
preempt the particular area, and strong public policy reasons exist for finding preemption. 34 Implied
preemption is found where the local legislation would present the danger of conflict with the state's
pervasive regulatory scheme.35

24 See Organization for Economic Cooperation and Development, Trends in Trade in Counterfeit and Pirated Goods
(2019), available at https://read.oecd-ilibrary.org/trade/trends -in-t rade-in-counterfeit-and-pirated-goods _g2g9f533-
en#page1 (last visited Jan. 24, 2022).
25 See Organization for Economic Cooperation and Development, Trade in Fak e Goods is now 3.3% of World Trading and

Rising (March 18, 2019), available at www.oecd.org/newsroom/trade-in-fake-goods -is-now-33-of-world-trade-and-
rising.htm (last visited Jan. 24, 2022).
26 Id.
27 John Porter, Amazon testing video calls to verify third-party sellers, TheVerge.com,

https://www.theverge.com/2020/4/27/21238026/amazon-seller-verification-video-calling-fraud-third-party-sellers (last
visited Jan. 25, 2022).
28 See James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis ,

83 Fla. B.J. 92 (June 2009).
29 See City of Hollywood v. Mulligan, 934 So.2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County,

894 So.2d 1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So.3d 309 (Fla.
2008).
30 Mulligan, 934 So.2d at 1243.
31 Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So.3d 880, 886 (Fla. 2010).
32 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
33 Phantom of Clearwater, Inc., 894 So.2d at 1019.
34 Id.
35 Sarasota Alliance for Fair Elections, Inc., 28 So.3d at 886.
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Effect of the Bill

The bill provides the following definitions:
 "Consumer product" means a product that is used or bought for use primarily for personal,
family, or household purposes.
 "High-volume third-party seller" (HVTPS) means a participant in an online marketplace that
is a third-party seller and that, in any continuous 12-month period during the previous 24
months, has entered into 200 or more discrete sales or transactions of new or unused
consumer products resulting in the accumulation of an aggregate total of $5,000 or more in
gross revenues. Only sales or transactions made through the online marketplace for which
payment was processed by the online marketplace, either directly or through the seller's
payment processer, count towards the calculation for the number of discrete sales or
transactions or the gross revenues.
 "Online marketplace" means any consumer-directed electronically based or accessed
platform that:
o Includes features that allow for, facilitate, or enable third-party sellers to engage in the
sale, purchase, payment, storage, shipping, or delivery of a consumer product in the
U.S.;
o Is used by one or more third-party sellers for such purposes; and
o Has a contractual or similar relationship with consumers governing their use of the
platform to purchase consumer products.
 "Seller" means a person who sells, offers to sell, or contracts to sell a consumer product
through an online marketplace.
 "Third-party seller" means any seller, independent of an operator, a facilitator, or an owner of
an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in the
United States through an online marketplace. The term does not include, with respect to an
online marketplace:
o A seller that operates the online marketplace;
o A business entity that has made available to the general public the entity's name,
business address, and working contact information;
o A business entity with an ongoing contractual relationship with the online marketplace to
provide the online marketplace with the manufacture, distribution, wholesaling, or
fulfillment of shipments of consumer products; or
o A business entity that has provided to the online marketplace identifying information that
has been verified.
 "Verify" means to confirm information and documentation provided to an online marketplace by
the use of one or more methods that enable the online marketplace to reliably determine that
any information and documents provided which correspond to the seller or an individual acting
on the seller's behalf are valid, not misappropriated, and not falsified.

The bill requires an online marketplace to:
 Require that any HVTPS provide it with all of the following information within 10 business days
after qualifying as a HVTPS:
o Deposit account information from a financial institution, or if none, such seller must
provide the name of the payee for payments issued by the online marketplace to the
HVTPS, and the information must be confirmed by the online marketplace or by another
third party contracted by the online marketplace.
o Contact information, including all of the following:
 A valid e-mail address and working phone number.
 If the HVTPS is an individual, a copy of a valid government-issued photo
identification for the individual which includes the individual's name and physical
address.
 If the HVTPS is not an individual, either a copy of a government-issued photo
identification for an individual acting on behalf of such seller which includes such
individual's name and physical address or a copy of a government-issued record

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or tax document that includes the business name and physical address of the
HVTPS.
o A business tax identification number or, if the HVTPS does not have a business tax
identification number, a taxpayer identification number.
 Verify the information the HVTPS provides under this subsection within 10 business days after
receiving such information.
o If the HVTPS provides any changes to the information, the online marketplace must
verify such changes within 10 business days after receiving the information.
o If a HVTPS provides a copy of a valid government-issued tax document, the information
contained within such tax document shall be presumed verified as of the date of
issuance of such document.
 Notify each HVTPS on the online marketplace, on at least an annual basis, that such seller
must inform the online marketplace of any changes to the information previously provided by
the seller within 10 business days after receiving the notification. The notification must require
the HVTPS to either electronically certify that the HVTPS's information is unchanged or provide
changes to the information as necessary.
o If the online marketplace becomes aware that a HVTPS has not certified that such
information is unchanged or provided such changed information within 10 business days
after receiving such notification, the online marketplace must suspend the selling
privileges of the HVTPS until such seller provides such certification or changed
information.
 Disclose to consumers in a conspicuous manner on the product listing, through a conspicuously
placed link on the product listing, or in the order confirmation message or other document or
communication made to the consumer after the purchase is finalized and in the consumer's
account transaction history, all of the following information of any HVTPS with an aggregate
total of $20,000 or more in annual gross revenues on its online platform:
o The full name of the HVTPS.
o The full physical address of the HVTPS.
 If the full physical address of the HVTPS is the primary residential address of
such HVTPS, only the city, state, and country of the HVTPS is required to be
disclosed.
o Contact information for the HVTPS, including a working telephone number and working
e-mail address to allow for direct, unhindered communication with the HVTPS.
 If the only telephone number of the HVTPS is the personal telephone number of
the HVTPS, then only the working e-mail address is required to be disclosed or
the online marketplace must provide other means of electronic messaging to
contact such seller.
o The identification of any seller that supplies the consumer product to the consumer upon
purchase, if such seller is different than the HVTPS listed on the consumer product
listing before the purchase.

If an online marketplace becomes aware that a HVTPS seller has made a false representation to the
online marketplace in order to restrict access to their full physical address, telephone number, or e-mail
address, the bill requires the online marketplace to, after providing the seller with written or electronic
notice, require the full disclosure of the HVTPS’s full physical address, telephone number, and e-mail
address.
 If such information is not disclosed within 10 business days after notification, the online
marketplace must suspend the selling privileges of the HVTPS on the online marketplace until
the required information is disclosed.

The bill requires an online marketplace to provide to consumers, in a conspicuous manner on the
consumer product listing of any HVTPS, a reporting mechanism that allows for electronic and
telephonic reporting of suspicious marketplace activity to the online marketplace and a message
encouraging individuals seeking goods for purchase to report suspicious activity to the online
marketplace.

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The bill does not prevent an online marketplace from providing any additional measures, electronic or
otherwise, that it deems necessary to prevent the sale of fraudulent, stolen, or counterfeit consumer
products on its platform.

The bill provides that a person who violates the bill violates of FDUTPA, and is subject to FDUTPA
penalties and remedies.

The bill provides that the regulation of the requirement for online marketplaces to verify information
from HVTPS on a one-time or ongoing basis and to verify disclosure of information to consumers is
preempted to DLA, and it allows DLA to adopt rules with respect to collecting and verifying information
under the bill, provided that such rules are limited to what is necessary to collect and verify such
information. A local governmental entity may not establish, mandate, or otherwise require the
verification or disclosure of such information.

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

B. SECTION DIRECTORY:

Section 1: Creates s. 559.953, F.S.; providing requirements for online marketplaces with respect to
their relationships and dealing with certain third-party sellers.
Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:

The bill may increase the number of FDUTPA actions taken by DLA, which may increase civil
penalties collected by DLA.

2. Expenditures:

The bill may increase the number of FDUTPA actions taken by DLA, which may increase the
related FDUTPA workload of DLA.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:

None.

2. Expenditures:

None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

The bill may provide buyers with increased security during online sales transactions through online
marketplaces. This may be beneficial to consumers and save consumers money by preventing
consumers from being deceived into purchasing fake or counterfeit products.

The bill will require online marketplaces to implement procedures to add and verify certain third party
identifying information to their platforms, as well as provide a consumer reporting mechanism. This may
save online marketplaces time and money related to investigating fraudulent sellers.

D. FISCAL COMMENTS:
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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 expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:

Although the Act allows individuals and DLA to bring an action under FDUTPA, it is uncertain
whether they would be able to successfully bring such an action because Florida courts may not
have jurisdiction over such bad actors or respondents.

For a court to exercise jurisdiction over a respondent, it must have subject matter jurisdiction and
personal jurisdiction, which is determined by the court based on the respondent’s contacts with the
state.36 A non-resident respondent may have sufficient contacts with Florida if he or she commits
acts expressly enumerated in Florida’s long-arm statute.37 Alternately, the non-resident respondent
may be subject to a Florida court’s personal jurisdiction because he or she has minimum contacts
with the state that are otherwise unrelated to the matter that brings him or her into court. 38 Whether
a non-resident online marketplace that shows certain third-party sellers into Florida has sufficient
minimum contacts with the state is a fact-specific question that would likely need to be addressed on
a case-by-case basis by a court.

B. RULE-MAKING AUTHORITY:

The bill provides that DLA may adopt rules with respect to collecting and verifying information under the
bill, provided that such rules are limited to what is necessary to collect and verify such information.

C. DRAFTING ISSUES OR OTHER COMMENTS:

None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

36 Caiazzo v. American Royal Arts Corp., 73 So. 3d 245, 250 (Fla. 4th DCA 2011).
37 Id; S. 48.193, F.S.
38 Caiazzo, 73 So. 3d 245, 250.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1227 2022

1 A bill to be entitled
2 An act relating to online marketplace transparency;
3 creating s. 559.953, F.S.; defining terms; requiring
4 online marketplaces to require high-volume third-party
5 sellers using their service to provide certain
6 information to the online marketplace within a
7 specified timeframe; requiring the online marketplace
8 to verify such information, or changes to such
9 information, within a specified timeframe; providing
10 that information on valid government-issued tax
11 documents is presumed verified as of the issuance
12 date; requiring an online marketplace to update and
13 require certification of the updated information at
14 least annually; requiring the online marketplace to
15 suspend certain sellers who do not provide such a
16 certification or updated information; requiring online
17 marketplaces to disclose certain information in a
18 specified manner; requiring disclosure of suppliers;
19 providing for enforcement; authorizing the Department
20 of Legal Affairs to adopt rules; preempting the
21 regulation of the verification and disclosure of such
22 information to the department; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:

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26
27 Section 1. Section 559.953, Florida Statutes, is created
28 to read:
29 559.953 Disclosure of information by online marketplaces. —
30 (1) DEFINITIONS.—As used in this section, the term:
31 (a) "Consumer product" means a product that is used or
32 bought for use primarily for personal, family, or household
33 purposes.
34 (b) "High-volume third-party seller" means a participant
35 in an online marketplace that is a third-party seller and that,
36 in any continuous 12-month period during the previous 24 months,
37 has entered into 200 or more discrete sales or transactions of
38 new or unused consumer products resulting in the accumulation of
39 an aggregate total of $5,000 or more in gross revenues. Only
40 sales or transactions made through the online marketplace for
41 which payment was processed by the online marketpla ce, either
42 directly or through the seller's payment processer, count
43 towards the calculation for the number of discrete sales or
44 transactions or the gross revenues.
45 (c) "Online marketplace" means any consumer-directed
46 electronically based or accessed platform that:
47 1. Includes features that allow for, facilitate, or enable
48 third-party sellers to engage in the sale, purchase, payment,
49 storage, shipping, or delivery of a consumer product in the
50 United States;

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51 2. Is used by one or more third-party sellers for such
52 purposes; and
53 3. Has a contractual or similar relationship with
54 consumers governing their use of the platform to purchase
55 consumer products.
56 (d) "Seller" means a person who sells, offers to sell, or
57 contracts to sell a consumer product through an online
58 marketplace.
59 (e) "Third-party seller" means any seller, independent of
60 an operator, a facilitator, or an owner of an online
61 marketplace, that sells, offers to sell, or contracts to sell a
62 consumer product in the United States through an onli ne
63 marketplace. The term does not include, with respect to an
64 online marketplace:
65 1. A seller that operates the online marketplace;
66 2. A business entity that has made available to the
67 general public the entity's name, business address, and working
68 contact information;
69 3. A business entity with an ongoing contractual
70 relationship with the online marketplace to provide the online
71 marketplace with the manufacture, distribution, wholesaling, or
72 fulfillment of shipments of consumer products; or
73 4. A business entity that has provided to the online
74 marketplace identifying information that has been verified.
75 (f) "Verify" means to confirm information and

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76 documentation provided to an online marketplace by the use of
77 one or more methods that enable the online marketplace to
78 reliably determine that any information and documents provided
79 which correspond to the seller or an individual acting on the
80 seller's behalf are valid, not misappropriated, and not
81 falsified.
82 (2) VERIFICATION.—
83 (a) An online marketplace shall require that any high-
84 volume third-party seller on the online marketplace provide the
85 online marketplace with all of the following information within
86 10 business days after qualifying as a high-volume third-party
87 seller:
88 1. Deposit account information from a financial
89 institution. If the high-volume third-party seller does not have
90 deposit account information at a financial institution, such
91 seller must provide the online marketplace with the name of the
92 payee for payments issued by the online marketplace to the high-
93 volume third-party seller, and the information must be confirmed
94 by the online marketplace or by another third party contracted
95 by the online marketplace.
96 2. Contact information, including all of the following:
97 a. A valid e-mail address and working phone number.
98 b. If the high-volume third-party seller is an individual,
99 a copy of a valid government-issued photo identification for the
100 individual which includes the individual's name and physical

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101 address.
102 c. If the high-volume third-party seller is not an
103 individual, either a copy of a government-issued photo
104 identification for an individual acting on behalf of such seller
105 which includes such individual's name and physical address or a
106 copy of a government-issued record or tax document that includes
107 the business name and physical address of the high-volume third-
108 party seller.
109 3. A business tax identification number or, if the high -
110 volume third-party seller does not have a business tax
111 identification number, a taxpayer identification number.
112 (b) The online marketplace shall verify the information
113 the high-volume third-party seller provides under this
114 subsection within 10 business days after receiving such
115 information. If the high-volume third-party seller provides any
116 changes to the information, the online marketplace must verify
117 such changes within 10 business days after receiving the
118 information. If a high-volume third-party seller provides a copy
119 of a valid government-issued tax document, the information
120 contained within such tax document shall be presumed verified as
121 of the date of issuance of such document.
122 (c) The online marketplace shall, on at least an annual
123 basis, notify each high-volume third-party seller on the online
124 marketplace that such seller must inform the online marketplace
125 of any changes to the information previously provided by the

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126 seller within 10 business days after receiving the notification.
127 The notification must require the high-volume third-party seller
128 to either electronically certify that the high-volume third-
129 party seller's information is unchanged or provide changes to
130 the information as necessary. If the online marketplace becomes
131 aware that a high-volume third-party seller has not certified
132 that such information is unchanged or provided such change d
133 information within 10 business days after receiving such
134 notification, the online marketplace must suspend the selling
135 privileges of the high-volume third-party seller until such
136 seller provides such certification or changed information.
137 (3) DISCLOSURE.—
138 (a) An online marketplace shall disclose to consumers in a
139 conspicuous manner on the product listing, through a
140 conspicuously placed link on the product listing, or in the
141 order confirmation message or other document or communication
142 made to the consumer after the purchase is finalized and in the
143 consumer's account transaction history, all of the following
144 information of any high-volume third party seller with an
145 aggregate total of $20,000 or more in annual gross revenues on
146 its online platform:
147 1. The full name of the high-volume third-party seller.
148 2. The full physical address of the high-volume third-
149 party seller. If the full physical address of the high-volume
150 third-party seller is the primary residential address of such

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151 high-volume third-party seller, only the city, state, and
152 country of the high-volume third-party seller is required to be
153 disclosed.
154 3. Contact information for the high-volume third-party
155 seller, including a working telephone number and working e -mail
156 address to allow for direct, unhindered communication with the
157 high-volume third-party seller. If the only telephone number of
158 the high-volume third-party seller is the personal telephone
159 number of the high-volume third-party seller, then only the
160 working e-mail address is required to be disclosed or the online
161 marketplace must provide other means of electronic messaging to
162 contact such seller.
163 4. The identification of any seller that supplies the
164 consumer product to the consumer upon purchase, if such seller
165 is different than the high-volume third-party seller listed on
166 the consumer product listing before the purchase.
167 (b) If an online marketplace becomes aware that a high -
168 volume third-party seller has made a false representation to the
169 online marketplace in order to restrict access to the full
170 physical address, telephone number, or e-mail address required
171 in paragraph (a), the online marketplace must, after providing
172 the seller with written or electronic notice, require the full
173 disclosure of the high-volume third-party seller's full physical
174 address, telephone number, and e-mail address. If such
175 information is not disclosed within 10 business days after

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176 notification, the online marketplace must suspend the selling
177 privileges of the high-volume third-party seller on the online
178 marketplace until the required information is disclosed.
179 (c) An online marketplace shall provide to consumers, in a
180 conspicuous manner on the consumer product listing of any high-
181 volume third-party seller, a reporting mechanism that allows for
182 electronic and telephonic reporting of suspicious marketplace
183 activity to the online marketplace and a message encouraging
184 individuals seeking goods for purchase to report suspicious
185 activity to the online marketplace.
186 (d) This subsection does not prevent an online marketplace
187 from providing any additional measures, electronic or otherwise,
188 that it deems necessary to prevent the sale of fraudulent,
189 stolen, or counterfeit consumer products on its platform.
190 (4) ENFORCEMENT.—A violation of this section constitutes a
191 violation of the Deceptive and Unfair Trade Practices Act under
192 part II of chapter 501. A person who violates this section is
193 subject to the penalties and remedies provided therein.
194 (5) RULES.—The Department of Legal Affairs may adopt rules
195 with respect to collecting and verifying information under this
196 section, provided that such rules are limited to what is
197 necessary to collect and verify such information.
198 (6) PREEMPTION.—The regulation of the requirement for
199 online marketplaces to verify information from high-volume
200 third-party sellers on a one-time or ongoing basis or disclose

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HB 1227 2022

201 information to consumers is preempted to the department. A local
202 governmental entity may not establish, mandate, or otherwise
203 require the verification or disclosure of such info rmation.
204 Section 2. This act shall take effect July 1, 2022.

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hb1227-00
HB 1233
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1233 Online Training for Private Security Officers
SPONSOR(S): Fine
TIED BILLS: IDEN./SIM. BILLS: SB 1474

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Thompson Anstead

2) Agriculture & Natural Resources Appropriations
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Department of Agriculture and Consumer Services (DACS), Division of Licensing, is responsible for the
licensure and regulation of private investigation, private security and recovery services, including Class “D”
unarmed Security Officer and Class “G” Statewide Firearm license applicants.

An applicant for a Class “D” unarmed Security Officer license must submit proof of successful completion of a
minimum of 40 hours of professional training at a Class “DS” Security Officer School or Training Facility
licensed by DACS. A Class “D” Security Officer is not permitted to carry a firearm unless such licensee also
obtains a Class “G” Statewide Firearm license.

An applicant for a Class “G” Statewide Firearm license must satisfy minimum training criteria for firearms
established by DACS rule, including, but not limited to, 28 hours of range and classroom training taught and
administered by a Class “K” Firearms Instructor licensee; however, no more than 8 hours of such training
may consist of range training.

The bill:
 Allows 21 of the 28 hour training requirement for a Class “G” Statewide Firearm license to be
conducted in-person or online instead of in the classroom, and no more than 8 hours may consist of
range training.
 Allows the 40 hour training requirement for Class “D” Security Officer licensure to be conducted in-
person or online.
 Requires DACS to verify an applicant’s identity, attendance, and successful completion of the training.
 Provides that an online training course must:
o Include security questions to ensure the applicant is using the computer or mobile device.
o Set a minimum amount of time that each applicant must spend on each screen.
o Include randomized test questions.

The bill also requires an online training course for a Class “D” or “G” license to be attached to and conducted
by a licensed school or training facility with a physical location. A firearms instructor teaching an online training
course must work for a licensed school or training facility that has a minimum $1 million insurance policy and is
registered, permitted, or licensed by the Department of Business and Professional Regulation (DBPR).

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

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

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1233.RRS
DATE: 1/25/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

The Department of Agriculture and Consumer Services (DACS) supports and promotes Florida
agriculture, protects the environment, safeguards consumers, and ensures the safety and
wholesomeness of food.1 The Division of Licensing (Division) within DACS administers Florida's
concealed weapon licensing program 2 and oversees Florida's private investigative, private security, and
recovery services industries.3 The Division's regulatory oversight of those services includes licensing,
enforcing compliance standards, and ensuring public protection from unethical business practices and
unlicensed activity.4

Private Investigative and Security Services

Currently, the Division offers 22 different types of private investigative, private security, and recovery
services licenses and four different types of concealed weapon or firearm licenses. As of December 31,
2021, the Division had issued a total of 169,758 private investigative, private security, and recovery
services licenses and 2,459,530 concealed weapon permits, to qualified applicants. The following chart
provides a breakdown of the total number of each license type.5

License License Title Total
Type
C Private Investigators 6,992
CC Private Investigator Interns 1,333
A Private Investigative Agencies 2,627
AA Private Investigative Agency Branch Offices 21
MA Private Investigative Agency Managers 81
M Private Investigative/Security Agency 473
Managers
D Security Officers 124,996
B Security Agencies 1,836
BB Security Agency Branch Offices 181
MB Security Managers 1,395
AB Security Agency/Private Investigative Agency 19
Branch Offices
DS Security Officer Schools 378
DI Security Officer Instructors 1,705
G Statewide Firearm Licenses 26,026
K Firearms Instructors 617
E Recovery Agents 743
EE Recovery Agent Interns 282
R Recovery Agencies 282
RR Recovery Agency Branch Offices 38
MR Recovery Agency Managers 1
RS Recovery Agent Schools 6

1 Department of Agriculture and Consumer Services , About, http://www.freshfromflorida.co m/About/ (last visited Mar. 7, 2019).
2 S. 790.06, F.S.
3 Ch. 493, F.S.
4 Office of Program Policy Analysis and Government Accountability, Government Program Summaries, Department of Agriculture

and Consumer Services Licensing, https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNu mber=4101 (last visited Jan.
23, 2022).
5 The Florida Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports,

https://www.fdacs.gov/Divisions -Offices/Licensing/Statistical-Reports (last visited Jan. 23, 2022).
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DATE: 1/25/2022
RI Recovery Agent Instructors 9
Subtotal of Private Investigative, Private Security, and 169,758
Recovery Services Licenses
W Concealed Weapon or Firearm 2,445,471
WJ Concealed Weapon or Firearm/Circuit and 809
County Judges
WR Concealed Weapon or Firearm/Retired Law 13,244
Enforcement and Correctional Officers
WS Concealed Weapon or Firearm/Consular 6
Security Official
Subtotal of Concealed Weapon Licenses 2,459,530
Total Number of Licenses 2,629,571

Class “D” Security Officers

Section 493.6101, F.S., defines the following:
 “Security officer” means any individual who, for consideration, advertises as providing or
performs bodyguard services or otherwise guards persons or property; attempts to prevent theft
or unlawful taking of goods, wares, and merchandise; or attempts to prevent the
misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks,
choses in action, notes, or other documents, papers, and articles of value or procurement of the
return thereof. The term also includes armored car personnel and those personnel engaged in
the transportation of prisoners.6
 “Security agency” means any person who, for consideration, advertises as providing or is
engaged in the business of furnishing security services, armored car services, or transporting
prisoners.

To become an unarmed security officer in Florida, a Class “D” Private Security license is required.7
“Unarmed” means that no firearm shall be carried while providing security officer services regulated by
ch. 493, F.S.8 In order to carry a firearm in the course of performing such duties, the licensee must also
obtain a Class “G” Statewide Firearm license in addition to the Class “D” Private Security license.9

To qualify for a Class “D” Private Security license, an applicant must:
 Be at least 18 years old;
 Be one of the following:
o A United States citizen,
o A permanent legal resident, or
o A holder of a work visa from the United States Citizenship and Immigration Service;
 Have no disqualifying criminal history;
 Be of good moral character;
 Have no history of:
o Mental illness,
o Alcohol abuse, or
o Substance abuse;
 Submit an application with certain identifying information;10 and
 Complete 40 hours of required training and submit proof thereof to DACS. 11

Currently, the required training must take place in-person at a licensed school or training facility that
has a physical location.12 Many states, including California and Georgia, do not prohibit online training
for unarmed security officers.13

6 S. 493.6101(19), F.S.
7 S. 493.6301(5), F.S. Exceptions to the licensure requirement are listed in s. 493.6102, F.S.
8 S. 493.6101(9), F.S.
9 S. 493.6115(2), F.S.
10 S. 493.6105, F.S. and r. 5N-1.100(6), F.A.C.
11 S. 493.6303(4)(a), F.S.
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DATE: 1/25/2022
According to the National Conference of State Legislatures (NCSL), 14 eleven states do not require a
license for unarmed security guards.15 Of the states that do require a license, 13 do not have any
training requirements in order to qualify for a license.16 Of the states that do require licensure, only nine
states explicitly require that training be provided in a classroom setting. 17

Class “G” Statewide Firearm License

In order to carry a firearm in the course of duty, the licensee must also obtain a Class “G” Statewide
Firearm license.18 Only Class “C” Private Investigator, Class “CC” Private Investigator Intern, Class “D”
Security Officer, Class “M” Private Investigative/Security Agency Manager, Class “MA” Private
Investigative Agency Manager, or Class “MB” Security Manager licensees are permitted to bear a
firearm and any such licensee who bears a firearm must also have a Statewide Firearm license.19

An applicant for a Class “G” Statewide Firearm license must satisfy minimum training criteria for
firearms established by DACS rule,20 including, but not limited to, 28 hours of range and classroom
training taught and administered by a Class “K” Firearms Instructor licensee; however, no more than 8
hours of such training may consist of range training.21

Class “DS” Security Officer Schools and Training Facilities

Schools and training facilities that provide required training services for Class “D” Security Officer
license applicants must submit an application for a Class “DS” Security Officer School license with the
following information:
 The name and address of the school or training facility,
 The street address of the place where training will be conducted, and
 A copy of the curriculum and final exam to be administered, 22 in accordance with the
requirements set forth by DACS.23

The general content and number of hours of each subject area to be taught in a school or training
facility is established by DACS rule.24 Firearms instructors may use audio/video material as an
instructional aide when teaching the classroom portion of the firearms training course; however, in no
case can an instructor rely solely on the use of audio/video material. Firearms instruction must be
presented as live, in-person classes where the firearms instructor is present to allow for necessary
student teacher interaction when teaching students to use firearms. 25

Effect of the Bill

Class “G” Statewide Firearm Licenses

12 Ss. 493.6303(4)(a) and 493.6304, F.S.; and Department of Agriculture and Consumer Services , Class "D" Security Officer License
Requirements, https://www.freshfromflorida.com/Business -Services/Private-Security-Licenses/Class-D-Security-Officer-License-
Requirements (last visited Jan. 24, 2022).
13 Cal. Bus. & Prof. § 7583.6 (2017); Ga. Comp. R. & Regs. r. 509-3-.02; and O.C.G.A. § 43-38-7.1(a).
14 Email from Zach Hermann, MSW, Research Analyst II, Employment, Labor & Retirement Program, National Conference of State

Legislatures, NCSL REPLY: classroom vs online education for unarmed security guard licensure , (Mar. 11, 2019).
15 Colorado, Idaho, Kansas, Kentucky, Massachusetts, Mississippi, Missouri, Nebraska, Rhode Island, South Dakota, and Wyoming.
16 Indiana, Iowa, Maine, Maryland, Michigan, Montana, Nevada, New Hampshire, Ohio, Pennsylvania, Texas, West Virginia, and

Wisconsin.
17 Alabama, Georgia, Illinois, North Carolina, North Dakota, Oregon, Utah, Vermont, and Virginia.
18 S. 493.6115(2), F.S.
19 S. 493.6115(2), F.S.
20 R. 1.132, F.A.C.
21 S. 493.6105(5), F.S.
22 S. 493.6304, F.S.
23 R. 5N-1.134, F.A.C.
24 S. 493.6303(4)(a), F.S.
25 R. 5N-1.132(4)(c), F.A.C.
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DATE: 1/25/2022
The bill revises the minimum firearms training criteria for Class “G” Statewide Firearm license
applicants to require the 28 hours of range and classroom training be conducted by in-person
instruction or online through a secure website of the licensed school or training facility if the applicant's
identity, attendance, and successful completion of training are verified. The applicant must report the
verification to DACS upon completion of the training.

The bill specifies that no more than 21 hours of such training may be conducted in an online classroom,
and no more than eight hours of such training shall consist of range training.

The bill requires DACS to by rule and in accordance with s. 493.6115, F.S., establish the general
content, the number of hours of each subject area to be taught, the method of delivery and the security
protocols for online training and testing, the reporting requirements for verification of successful
completion of training, and any other rules necessary for the regulation of schools or training facilities
providing in-person or online training.

Class “DS” Security Officer Schools and Training Facilities

The bill requires an online training course for Class "D" Security Officer license or Class "G" Statewide
Firearm license to be attached to and conducted by a licensed school or training facility that maintains
a physical location.

The bill requires firearms instructors conducting an online training course to work under a licensed
school or training facility or be employed under a business establishment registered, permitted, or
licensed by DBPR with an insurance policy in the minimum amount of $1,000,000.

The bill specifies that an applicant may only be logged into the online training course from one device
at a time.

The bill requires such online training courses to:
 Include security questions to ensure that the applicant is actively using the computer or mobile
device and is following along with the online training;
 Set a minimum amount of time that each applicant must spend on each screen before moving
on to the next screen; and
 Include randomized test questions.

The bill requires online training course certificates to be sequentially numbered for tracking purposes.

Class “D” Security Officer Licenses

The bill revises the 40 hour training requirement for applicants for a Class “D” Security Officer license to
allow the required training to be conducted in-person or online through a secure website of the licensed
school or training facility if the applicant's identity, attendance, and successful completion of training are
verified.

The bill requires applicants to report the verification to DACS upon completion of the training.

Such training is valid only if DACS receives verification of the applicant’s identity, attendance, and
successful completion. DACS is required to establish by rule, and in accordance with s. 493.6103, F.S.,
the following:
 General content;
 Number of hours of each subject area;
 Method of delivery;
 Security protocols;
 Reporting requirements for verification of successful completion; and
 Any other rules necessary for the regulation of schools or training facilities providing in-person
or online training.

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DATE: 1/25/2022
The bill provides that upon completion of such training, the training facility or the instructor must:
 Submit proof of completion of training for each applicant to DACS electronically in a manner
prescribed by DACS; and
 Provide a copy of the training results to the applicant who completed the training.

B. SECTION DIRECTORY:
Section 1: Amends s. 493.6105, F.S., relating to initial application for license.

Section 2: Creates s. 493.6132, F.S., relating to online training courses.

Section 3: Amends s. 493.6303, F.S., relating to license requirements.

Section 4: 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:
There may be a cost to DACS related to implementing the bill. The department has not submitted
an agency analysis for the bill. However, in 2019, the department conducted an agency analysis for
a similar bill, which determined:
 Development of administrative rules would be needed to implement an online training
regulatory component and estimates one (1) forensic investigator position will be needed to
administer the provisions of the bill as currently written given that there are 413 security
officer schools licensed as of January 31, 2019, that could opt to offer online coursework. 26
 The estimated fiscal impact would be $63,688 in year one and $59,933 annually, thereafter,
attributable to the cost of the (1) Investigation Specialist I. These costs would be incurred in
the Division of Licensing Trust Fund.27

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Online training may make the profession more accessible based on increased ease in obtaining the
required training. Schools and training facilities may also offer training at a lower cost due to reduced
costs from running physical facilities.

D. FISCAL COMMENTS:
None.

26 Department of Agriculture and Consumer Services , Agency Analysis of 2019 HB 515, p. 1 (Mar. 7, 2019).
27 Id.
STORAGE NAME: h1233.RRS PAGE: 6
DATE: 1/25/2022
III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill requires DACS to develop rules in accordance with ss. 493.6115, and 493.6103, F.S., to
implement the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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DATE: 1/25/2022
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 1233 2022

1 A bill to be entitled
2 An act relating to online training for private
3 security officers; amending ss. 493.6105 and 493.6303,
4 F.S.; providing that certain required training
5 criteria for a Class "D" or Class "G" license may be
6 conducted online; providing requirements for such
7 online training; requiring the Department of
8 Agriculture and Consumer Services to establish certain
9 criteria and rules for the regulation of certain
10 entities that provide online training; providing
11 reporting requirements upon completion of the
12 training; creating s. 493.6132, F.S.; providing
13 requirements for online training courses for a Class
14 "D" or Class "G" license; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (5) of section 493.6105, Florida
19 Statutes, is amended to read:
20 493.6105 Initial application for license.—
21 (5) In addition to the requirements outlined in subsection
22 (3), an applicant for a Class "G" license must satisfy minimum
23 training criteria for firearms established by rule of the
24 department, which training criteria includes, but is not limited
25 to, 28 hours of range and classroom training conducted by in-

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26 person instruction or online through a secure website of the
27 licensed school or training facility if the applicant's
28 identity, attendance, and successful completion of training are
29 verified. The applicant must report the verification to the
30 department upon completion of the training. Training is to be
31 taught and administered by a Class "K" licensee; however, no
32 more than 21 hours may be conducted in an online classroom, and
33 no more than 8 hours of such training shall consist of range
34 training. The department shall by rule and in accordance with s.
35 493.6115 establish the general content, the number of hours of
36 each subject area to be taught, the method of delivery and the
37 security protocols for online training and testing, the
38 reporting requirements for verification of successful completion
39 of training, and any other rules necessary for the regulation of
40 schools or training facilities providing in-person or online
41 training. The department may waive the foregoing firearms
42 training requirement if:
43 (a) The applicant provides proof that he or she is
44 currently certified as a law enforcement officer or correctional
45 officer pursuant to the requirements of the Criminal Justice
46 Standards and Training Commission or has successfully completed
47 the training required for certification within the last 12
48 months.
49 (b) The applicant provides proof that he or she is
50 currently certified as a federal law enforcement officer and has

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51 received law enforcement firearms training administered by a
52 federal law enforcement agency.
53 (c) The applicant submits a valid firearm certificate
54 among those specified in paragraph (6)(a).
55 Section 2. Section 493.6132, Florida Statutes, is created
56 to read:
57 493.6132 Online training courses.—
58 (1) An online training course for a Class "D" or Class "G"
59 license must be attached to and conducted by a licensed school
60 or training facility that maintains a physical location.
61 (2) A firearms instructor conducting an online training
62 course must work under a licensed school or training facility or
63 be employed under a business establishment registered,
64 permitted, or licensed by the Department of Business and
65 Professional Regulation with an insurance policy in the minimum
66 amount of $1,000,000.
67 (3) An applicant may only be logged into the online
68 training course from one device at a time.
69 (4) The online training course must:
70 (a) Include security questions to ensure that the
71 applicant is actively using the computer or mobile device and is
72 following along with the online training.
73 (b) Set a minimum amount of time that each applicant must
74 spend on each screen before moving on to the next screen.
75 (c) Include randomized test questions.

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76 (5) Online training course certificates must be
77 sequentially numbered for tracking purposes.
78 Section 3. Paragraph (a) of subsection (4) of section
79 493.6303, Florida Statutes, is amended to read:
80 493.6303 License requirements.—In addition to the license
81 requirements set forth elsewhere in this chapter, each
82 individual or agency must comply with the following additional
83 requirements:
84 (4)(a) An applicant for a Class "D" license must submit
85 proof of successful completion of a minimum of 40 hours of
86 professional training at a school or training facility licensed
87 by the department. The training may be conducted by in-person
88 instruction or online through a secure website of the licensed
89 school or training facility if the applicant's identity,
90 attendance, and successful completion of training are verified.
91 The applicant must report the verification to the department
92 upon completion of the training. The department shall by rule
93 and in accordance with s. 493.6103 establish the general content
94 and number of hours of each subject area to be taught , the
95 method of delivery and the security protocols for onlin e
96 training and testing, the reporting requirements for
97 verification of successful completion of training, and any other
98 rules necessary for the regulation of schools or training
99 facilities providing in-person or online training. Upon
100 completion of such training, the training facility or the

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101 instructor must submit proof of completion of training for each
102 applicant to the department electronically in a manner
103 prescribed by the department. The training facility or the
104 instructor must also provide a copy of the training results to
105 the applicant who completed the training.
106 Section 4. This act shall take effect July 1, 2022.

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REGULATORY REFORM SUBCOMMITTEE

HB 1233 by Rep. Fine
Online Training for Private Security Officers

AMENDMENT SUMMARY
January 27, 2022

Amendment 1 by Rep. Fine (lines 61-66):
• Corrects a reference to the Department of Business and Professional Regulation to
instead reference the Department of Agriculture and Consumer Services.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1233 (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 Fine offered the following:
4
5 Amendment
6 Remove lines 61-66 and insert:
7 (2) A firearms instructor conducting an online training
8 course must work under a licensed school or training facility or
9 be employed under a business establishment registered,
10 permitted, or licensed by the Department of Agriculture and
11 Consumer Services with an insurance policy in the minimum amount
12 of $1,000,000.

699971 - h1233-lines 61-66.docx
Published On: 1/26/2022 4:44:00 PM
Page 1 of 1
HB 1451
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1451 Malt Beverages
SPONSOR(S): DiCeglie
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Wright Anstead

2) Ways & Means Committee

3) Commerce Committee

SUMMARY ANALYSIS
In Florida, alcoholic beverages are regulated by the Beverage Law, which regulates the manufacture,
distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and vendors. The Division of
Alcoholic Beverages and Tobacco (division) in the Department of Business and Professional Regulation
(DBPR) administers and enforces the Beverage Law.

Exceptions to the three-tier regulatory system permit in-state wineries, breweries, and craft distilleries to be
licensed as a vendor and sell directly to consumers under certain circumstances. Examples of exceptions
include brewpubs and craft brewers, which may be both a vendor and a manufacturer, subject to certain
requirements.

There are no regulations in the Beverage Law which directly address contract and alternating proprietorship
brewing, but the federal regulatory agency, the Alcohol and Tobacco Tax and Trade Bureau, allows the
practices under certain circumstances.

The bill:
 Provides a definition for “barrel,” which means 31 gallons, and conforms related provisions in the
Beverage Law.
 Allows brewpubs to sell their product for consumption on any licensed premises owned by the vendor,
instead of being limited to the brewpub licensed premises or contiguous licensed premises.
 Converts the beverage measurement used to calculate excise taxes to 0.375 cents per ounce, from 6
cents per pint or fraction thereof. The measurement is equal, except that the current provision requires
the tax on each fraction of a pint, which requires rounding up to a pint for excise tax payment purposes.
 Removes the requirement that alcohol manufacturers must file with the division a surety bond covering
the amount of their estimated excise tax payment.
 Provides that only registrants for a brand or label sold to a distributor, not those kept in-house, must
pay an annual registration fee of $30.
 Reduces the annual state license tax that each craft brewer engaged in the business of brewing less
than 5,000 barrels of malt beverages pays to $500 for each plant or branch, like a similarly situated
brewpub.
 Provides guidelines for contract brewing and alternating proprietorship brewing.

The bill will have an indeterminate, negative fiscal impact on state government, and no 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: h1451.RRS
DATE: 1/26/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Beverage Law

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

Three-Tier System
In the United States, the regulation of alcohol since the repeal of Prohibition has traditionally been
based upon a “three-tier system.” The system requires separation of the manufacture, distribution, and
sale of alcoholic beverages. The manufacturer creates the beverages, and the distributor obtains the
beverages from the manufacturer to deliver to the vendor. The vendor makes the ultimate sale to the
consumer. A manufacturer, distributor, or exporter may not be licensed as a vendor to sell directly to
consumers.

Generally, Florida has adopted the three-tier system. Only licensed vendors are permitted to sell
alcoholic beverages directly to consumers at retail.4 Licensed manufacturers, distributors, and
registered exporters are prohibited from also being licensed as vendors. 5 Manufacturers are also
generally prohibited from having an interest in a vendor and from distributing directly to a vendor. 6

Tied House Evil Prohibitions
Certain relationships and interactions of manufacturers and distributors with vendors are regulated by
the Beverage Law in order to prevent a manufacturer or distributor from having a financial interest,
directly or indirectly, in the establishment or business of a licensed vendor, and to prevent a
manufacturer or distributor from giving a vendor gifts, loans or property, or rebates. 7 Exceptions to the
three-tier regulatory system permit in-state wineries,8 breweries,9 and craft distilleries to be licensed as
a vendor and sell directly to consumers under certain circumstances.10

Brewpub Exception
An exception where an entity may obtain both a license as a manufacturer of malt beverages and a
vendor’s license for the sale of alcoholic beverages is often referred to as the Brewpub Exception. This
exception was added to permit a vendor to be licensed as a manufacturer of malt beverages at a single
location, with the following requirements:11
 The brewpub may not brew more than 10,000 kegs (“keg” means 15.5 gallons) of malt
beverages on the premises per year;
 Malt beverages “so brewed” must be sold to consumers for consumption on the vendor’s
licensed premises or on contiguous licensed premises owned 12 by the vendor;
 Wine or liquor may be sold for on-premises consumption as authorized by its vendor’s license;
 The brewpub must keep records and pay excise taxes for the malt beverages it sells or gives to
consumers.

1 S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2 See s. 561.14, F.S.
3 S. 561.02, F.S.
4 S. 561.14(3), F.S. However, see the exceptions provided in ss. 561.221 and 565.03, F.S.
5 S. 561.22, F.S.
6 Ss. 563.022(14) and 561.14(1), F.S.
7 S. 561.42, F.S.
8 See s. 561.221(1), F.S.
9 See s. 561.221(2), F.S.
10 See s. 565.03, F.S.
11 S. 561.221(3), F.S.
12 “Owned” is undefined.

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Craft Breweries Exception
The division is authorized to issue a vendor’s license to a manufacturer of malt beverages for the sale
of alcoholic beverages on property consisting of a single complex that includes a brewery (craft
brewery), which may be divided by no more than one public street or highway. 13

A craft brewery with multiple manufacturing licenses may transfer malt beverages that it produces
between its breweries.14 Such transfers are limited to an amount equal to 100 percent of the yearly
production of the receiving brewery.

All malt beverages and other alcoholic beverages that are not manufactured by the craft brewery must
be obtained through a distributor, an importer, sales agent, or broker.

The division may not issue more than eight vendor’s licenses to a manufacturer of malt beverages. 15

Excise Tax Reporting and Payment
Manufacturers, distributors, and vendors of malt beverages containing 0.5 percent or more of alcohol
by volume are required to report and pay an excise tax on malt beverages.16 Manufacturers and
distributors are required to compute and submit the applicable excise taxes on alcoholic beverages with
the required report17 to the division, on or before the 10th of each month, for all beverages sold during
the previous calendar month.18

The payable excise tax is:19
 48 cents per gallon on all such beverages in bulk or in kegs or barrels; and
 6 cents on each pint or fraction thereof in the container when such beverages are sold in
containers of less than 1 gallon.

Surety Bonds
Each manufacturer and distributor must file a surety bond with the division as surety for the payment of
all taxes. The sum of the surety bond is based on the size of the manufacturer, the type of alcohol
distributed, and the discretion of the division. The maximum bond amount is $25,000, and the minimum
bond amount is $1,000.20

Brand and Label Registration Fee
No manufacturer, brewer, bottler, distributor, or importer of malt beverages may sell or offer for sale in
Florida, or move or cause to be moved within or into Florida, any malt beverages, without:21
 qualifying to do business in the state and registering its name and the brands or labels under
which the malt beverages are to be sold or moved; and
 furnishing any samples and information as to content, quality, and formula of such malt
beverages as the division may require.

Each registrant must pay an annual registration fee of $30 for a brand or label.22

Plant and Branch License Tax
Each manufacturer engaged in the business of brewing only malt beverages must pay an annual state
license tax of $3,000 for each plant or branch it operates. However, each manufacturer engaged in the
business of brewing less than 10,000 kegs of malt beverages annually for consumption on the

13 S. 561.221(2), F.S.
14 S. 563.022(14)(d), F.S.
15 S. 561.221(2)(e), F.S.
16 S. 563.05, F.S.
17 S. 561.55, F.S.,
18 S. 561.50, F.S.
19 S. 563.05, F.S.
20 S. 561.37, F.S.
21 S. 563.045(1), F.S.
22 S. 563.045(2), F.S.

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premises pursuant to the brewpub exception pays a smaller annual state license tax of $500 for each
plant or branch.23

Contract and Alternating Proprietorship Brewing
There are no regulations in the Beverage Law which directly address contract and alternating
proprietorship brewing, but the federal regulatory agency, the Alcohol and Tobacco Tax and Trade
Bureau (TTB), allows the practices under certain circumstances.

Generally, alternating proprietorship brewing occurs when the proprietor of an existing brewery, the
"host brewery," agrees to rent space and equipment to a "guest brewer." These arrangements
generally allow existing breweries to use excess capacity and give new entrants to the beer business
an opportunity to begin on a small scale, without investing in premises and equipment. 24

Generally, contract brewing occurs when someone pays a brewing company, the “contract brewer,” to
brew the beer per a certain beer recipe. The TTB considers this arrangement to be an ordinary
commercial business relationship.25

Effect of the Bill

The bill defines “barrel,” which means 31 gallons. The bill conforms the manufacturing limit in the
brewpub exception to the new definition, to 5,000 barrels, from 10,000 kegs.

The bill allows brewpubs to sell their product for consumption on any licensed premises owned by the
vendor, instead of being limited to the brewpub licensed premises or contiguous licensed premises.
Ownership is not defined.

The bill converts the beverage measurement used to calculate excise taxes to 0.375 cents per ounce,
from 6 cents per pint or fraction thereof. The measurement is equal, and will end the practice of
rounding up where there is a fraction of a pint.

The bill removes the requirement that alcohol manufacturers must file a surety bond with the division.
Distributors will still need to file a surety bond with the division.

The bill provides that only registrants for a brand or label sold to a distributor, not those kept in-
house, must pay an annual registration fee of $30. The bill also specifies that no other annual
registration fee for a brand or label is authorized under the provision.

The bill changes the calculation used to determine the annual state license tax that each craft brewer
engaged in the business of brewing must pay from less than 10,000 kegs, to less than 5,000 barrels of
malt beverages, which allows such brewers to pay a smaller annual state license tax of $500 for
each plant or branch, like a brewpub.

The bill provides guidelines for contract and alternating proprietorship brewing. The definitions for that
section are:
 "Alternating proprietorship brewing" means an agreement between a guest brewer and host
brewer wherein the guest brewer manufactures malt beverages on the host brewer's licensed
premises.
 "Contract brewer" means a licensed manufacturer of malt beverages who brews malt
beverages on its licensed premises for a contracting brewer.
 "Contract brewing" means an agreement wherein a contracting brewer pays a contract brewer
to produce malt beverages.

23 S. 563.02(2), F.S.
24 U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, Brewery Alternating Proprietorships,

https://www.ttb.gov/beer/brewery-alternating-proprietorships (last visited Jan. 24, 2022).
25 Gina McCreadie, Contract Brewing v. Alternating Brewery Proprietorship: Which One is Right for You? , New York State Brewer’s

Association (Oct. 21, 2015), https://newyorkcraftbeer.com/2015/10/contract-brewing-vs-alternating-brewery-proprietorship-which-one-is-
right-for-you/ (last visited Jan. 24, 2022).
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 "Contracting brewer" means a licensed manufacturer of malt beverages who contracts for the
services of a contract brewer.
 "Guest brewer" means a licensed manufacturer of malt beverages who brews malt beverages
at a host brewer's licensed premises.
 "Host brewer" means a licensed manufacturer of malt beverages who allows a guest brewer to
brew malt beverages on the manufacturer's licensed premises.

The bill provides that the contract brewer:
 May enter into multiple contract brewing agreements for the purpose of manufacturing malt
beverages.
 Must comply with all applicable federal and state laws, including labeling laws.
 Must pay all federal and state taxes on malt beverages upon removal of the malt beverages
from its licensed premises.
 Retains title to malt beverages produced under a contract brewing agreement until such
beverages are removed from its licensed premises.
 Must ensure that the contracting brewer's malt beverages remain separate and identifiable from
all other malt beverages at all times.
 May transfer malt beverages to the contracting brewer in an amount up to the yearly production
amount of the contracting brewer's facility.
 Must report to the division by the 10th day of each month the volume of each label of malt
beverages manufactured on its licensed premises under the contract brewing agreement.

The bill provides that the contracting brewer:
 May only engage in the manufacture of malt beverages on its duly licensed premises and on the
licensed premises of a contract brewer as disclosed to the division.
 Must report to the division by the 10th day of each month the volume of each label of malt
beverages manufactured on the licensed premises of the contract brewer under the contract
brewing agreement.

The bill provides that the contract brewer and contracting brewer:
 Must, before engaging in contract brewing, notify the division, on forms provided by the division,
of their intent to operate as a contract brewer or contracting brewer and disclose the location of
the licensed premises where brewing will occur.
 Must maintain all records required to be kept by manufacturers of malt beverages under the
Beverage Law.
 Notwithstanding any other provision of the Beverage Law, must comply with applicable
requirements for holders of multiple manufacturing licenses and alcoholic beverages
manufactured by another manufacturer.

The bill requires the host brewer to report to the division by the 10th day of each month the volume of
each label of malt beverages manufactured on its licensed premises under the alternating
proprietorship brewing agreement.

The bill requires the guest brewer to:
 Comply with all applicable federal and state laws, including labeling laws.
 Pay all federal and state taxes on malt beverages manufactured pursuant to this section upon
removal of the malt beverages from the host brewer's licensed premises.
 Retain title to malt beverages manufactured under an alternating proprietorship brewing
agreement.
 Report to the division by the 10th day of each month the volume of each label of malt beverages
manufactured at each licensed premises under each alternating proprietorship brewing
agreement.

The bill requires that, before engaging in alternating proprietorship brewing, the host brewer and guest
brewer:
 Must each qualify as a brewer with the TTB.
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 Must submit to the division, on forms provided by the division, information identifying:
o The host brewer.
o The guest brewer.
o The location where the alternating proprietorship brewing will take place.
o The location where any product brewed pursuant to the alternating proprietorship
brewing agreement will be stored.
o The amount of malt beverages to be produced under the alternating proprietorship
brewing agreement.
o The timeframe in which the guest brewer will be manufacturing malt beverages on the
host brewer's licensed premises.
o Proof of occupancy rights to the host brewer's licensed premises for the duration of the
alternating proprietorship brewing agreement.
o Any other information reasonably deemed necessary by the division to ensure the
health, safety, and welfare of the public or to ensure that all applicable taxes on the malt
beverages produced pursuant to an alternating proprietorship brewing agreement are
remitted to the state.

The bill requires each entity engaged in contract brewing or alternating proprietorship brewing to
maintain records, including:
 Any agreement authorizing the manufacturing and transfer of malt beverages.
 Records of the total volume, in gallons, manufactured as part of the agreement.
 Any other records required by the division to ensure compliance with the provisions of the
Beverage Law.

The bill prohibits vendors licensed as a manufacturer pursuant to the brewpub exception from engaging
in contract brewing or alternating proprietorship brewing.

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

B. SECTION DIRECTORY:

Section 1 Amends s. 561.01, F.S., adding a definition.
Section 2 Amends s. 561.221, F.S., conforming measurements and revising requirements for
licensed premises.
Section 3 Amends s. 561.37, F.S., revising surety bond requirements.
Section 4 Amends s. 563.042, F.S., authorizing contract and alternating proprietorship brewing.
Section 5 Amends s. 563.045, F.S., revising requirements for brand and label fees.
Section 6 Amends s. 563.05, F.S, revising excise taxes for malt beverages.
Section 7 Amends s. 563.02, F.S., revising fees for malt beverage licenses.
Section 8 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:

Indeterminate at this time. DBPR and the Ways and Means Committee are evaluating the fiscal
impact of the bill. The change related to the excise tax will likely result in loss to the state. In
addition, the lowering of the license tax will also result in a loss.

2. Expenditures:

Indeterminate at this time. DBPR and Ways and Means Committee are evaluating the fiscal impact
of the bill.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
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1. Revenues:

None.

2. Expenditures:

None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

The bill may have a positive impact on craft brewers and brewpubs, who may pay less in fees and
taxes to the division.

The bill will allow alternating proprietorship brewing and contract brewing, which may allow smaller
brewers to expand their businesses without a manufacturing facility of their own.

D. FISCAL COMMENTS:

None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

Not applicable. This bill does not appear to affect county or municipal governments.

2. Other:

None.

B. RULE-MAKING AUTHORITY:

The bill provides the division with rulemaking authority to adopt rules related to excise taxes on malt
beverages.

C. DRAFTING ISSUES OR OTHER COMMENTS:

None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1451 2022

1 A bill to be entitled
2 An act relating to malt beverages; amending s. 561.01,
3 F.S.; defining the term "barrel"; amending s. 561.221,
4 F.S.; revising the unit of measurement used for
5 certain licensing purposes; authorizing certain
6 vendors to sell specified malt beverages on any
7 licensed premises; amending s. 561.37, F.S.; removing
8 the requirement that certain manufacturers pay a
9 surety bond for taxes; creating s. 563.042, F.S.;
10 providing definitions; authorizing certain
11 manufacturers to enter into contract brewing and
12 alternating proprietorship brewing agreements;
13 providing responsibilities and requirements of parties
14 under such agreements; prohibiting specified parties
15 from participating in such agreements; authorizing the
16 Division of Alcoholic Beverages and Tobacco to adopt
17 rules; amending s. 563.045, F.S.; providing that the
18 annual registration fee is required only if labels or
19 brands are sold to a distributor; specifying that no
20 other registration fee is authorized; amending s.
21 563.05, F.S.; revising the unit of measurement used
22 for calculating excise taxes; amending s. 563.02,
23 F.S.; revising the unit of measurement used for
24 certain fee purposes; expanding the types of
25 manufacturers that qualify to pay a lower license tax;

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26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (22) is added to section 561.01,
31 Florida Statutes, to read:
32 561.01 Definitions.—As used in the Beverage Law:
33 (22) "Barrel" means a quantity of 31 gallons.
34 Section 2. Paragraph (a) of subsection (3) of section
35 561.221, Florida Statutes, is amended to read:
36 561.221 Licensing of manufacturers and distributors as
37 vendors and of vendors as manufacturers; conditions and
38 limitations.—
39 (3)(a) Notwithstanding other provisions of the Beverage
40 Law, any vendor licensed in this state may be licensed as a
41 manufacturer of malt beverages upon a finding by the division
42 that:
43 1. The vendor will be engaged in brewing malt beverages at
44 a single location and in an amount which will not exceed 5,000
45 barrels of beer 10,000 kegs per year. For purposes of this
46 subsection, the term "keg" means 15.5 gallons.
47 2. The malt beverages so brewed will be sold to consumers
48 for consumption on the any vendor's licensed premises or on
49 contiguous licensed premises owned by the vendor.
50 Section 3. Section 561.37, Florida Statutes, is amended to

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51 read:
52 561.37 Bond for payment of taxes.—Each manufacturer and
53 each distributor shall file with the division a surety bond
54 acceptable to the division in the sum of $25,000 as sur ety for
55 the payment of all taxes, provided, however, that when in the
56 discretion of the division the amount of business done by the
57 manufacturer or distributor is of such volume that a bond of
58 less than $25,000 will be adequate to secure the payment of all
59 taxes assessed or authorized by the Beverage Law, the division
60 may accept a bond in a lesser sum than $25,000, but in no event
61 shall it accept a bond of less than $10,000, and it may at any
62 time in its discretion require any bond in an amount less than
63 $25,000 to be increased so as not to exceed $25,000; provided,
64 however, that the amount of bond required for a brewer shall be
65 $20,000, except that where, in the discretion of the division,
66 the amount of business done by the brewer is of such volume that
67 a bond of less than $20,000 will be adequate to secure the
68 payment of all taxes assessed or authorized by the Beverage Law,
69 the division may accept a bond in a lesser sum than $20,000, but
70 in no event shall it accept a bond of less than $10,000, and it
71 may at any time in its discretion require any bond in an amount
72 less than $20,000 to be increased so as not to exceed $20,000;
73 provided further that the amount of the bond required for a wine
74 or wine and cordial manufacturer shall be $5,000, except that,
75 in the case of a manufacturer engaged solely in the experimental

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76 manufacture of wines and cordials from Florida products, where
77 in the discretion of the division the amount of business done by
78 such manufacturer is of such volume that a bond of less than
79 $5,000 will be adequate to secure the payment of all taxes
80 assessed or authorized by the Beverage Law, the division may
81 accept a bond in a lesser sum than $5,000, but in no event shall
82 it accept a bond of less than $1,000 and it may at any time in
83 its discretion require a bond in an amount less than $5,000 to
84 be increased so as not to exceed $5,000; provided, further, that
85 the amount of bond required for a distributor who sells only
86 beverages containing not more than 4.007 percent of alcohol by
87 volume, in counties where the sale of intoxicating liquors,
88 wines, and beers is prohibited, and to distributors who sell
89 only beverages containing not more than 17.259 percent of
90 alcohol by volume and wines regardless of alcoholic content, in
91 counties where the sale of intoxicating liquors, wines, and
92 beers is permitted, shall file with the division a surety bond
93 acceptable to the division in the sum of $25,000, as surety for
94 the payment of all taxes; provided, however, that where in the
95 discretion of the division the amount of business done by such
96 distributor is of such volume that a bond of less than $25,000
97 will be adequate to secure the payment of all taxes assessed or
98 authorized by the Beverage Law the division may accept a bond in
99 a less sum than $25,000 but in no event shall it accept a bond
100 less than $1,000 and it may at any time in its discretion

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101 require any bond in an amount less than $25,000 to be increased
102 so as not to exceed $25,000; provided, further, that the amount
103 of bond required for a distributor in a county having a
104 population of 15,000 or less who procures a license by which his
105 or her sales are restricted to distributors and vendors who have
106 obtained licenses in the same county, shall be $5,000.
107 Section 4. Section 563.042, Florida Statutes, is created
108 to read:
109 563.042 Contract and Alternating Proprietorship Brewing.—
110 (1) As used in this section the term:
111 (a) "Alternating proprietorship brewing" means an
112 agreement between a guest brewer and host brewer wherein the
113 guest brewer manufactures malt beverages on the host brewer's
114 licensed premises.
115 (b) "Contract brewer" means a licensed manufacturer of
116 malt beverages who brews malt beverages on its licensed premises
117 for a contracting brewer.
118 (c) "Contract brewing" means an agreement wherein a
119 contracting brewer pays a contract brewer to produce malt
120 beverages.
121 (d) "Contracting brewer" means a licensed manufacturer of
122 malt beverages who contracts for the services of a contract
123 brewer.
124 (e) "Guest brewer" means a licensed manufacturer of malt
125 beverages who brews malt beverages at a host brewer's licensed

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126 premises.
127 (f) "Host brewer" means a licensed manufacturer of malt
128 beverages who allows a guest brewer to brew malt beverages on
129 the manufacturer's licensed premises.
130 (2) The contract brewer:
131 (a) May enter into multiple contract brewing agreements
132 for the purpose of manufacturing malt beverages.
133 (b) Shall comply with all applicable federal and state
134 laws, including labeling laws.
135 (c) Shall pay all federal and state taxes on malt
136 beverages manufactured pursuant to this section upon removal of
137 the malt beverages from its licensed premises.
138 (d) Retains title to malt beverages produced under a
139 contract brewing agreement until such beverages are removed from
140 its licensed premises.
141 (e) Shall ensure that the contracting brewer's malt
142 beverages remain separate and identifiable from all other malt
143 beverages at all times.
144 (f) Notwithstanding any other provision of the Beverage
145 Law, may transfer malt beverages to the contracting brewer in an
146 amount up to the yearly production amount of the contracting
147 brewer's facility.
148 (g) Shall report to the division by the 10th day of each
149 month the volume of each label of malt beverages manufactured on
150 its licensed premises under the contract brewing agreement.

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151 (3) The contracting brewer:
152 (a) May only engage in the manufacture of malt beverages
153 on its duly licensed premises and on the licensed premises of a
154 contract brewer disclosed under paragraph (4)(a).
155 (b) Shall report to the division by the 10th day of each
156 month the volume of each label of malt beverages manufactured on
157 the licensed premises of the contract brewer under the contract
158 brewing agreement.
159 (4) The contract brewer and contracting brewer:
160 (a) Must, before engaging in contract brewing, notify the
161 division, on forms provided by the division, of their intent to
162 operate as a contract brewer or contracting brewer and disclose
163 the location of the licensed premises where brewing will occur.
164 (b) Shall maintain all records required to be kept by
165 manufacturers of malt beverages under the Beverage Law.
166 (c) Notwithstanding any other provision of the Beverage
167 Law, shall comply with s. 561.221(2)(c).
168 (5) The host brewer shall report to the division by the
169 10th day of each month the volume of each label of malt
170 beverages manufactured on its licensed premises under the
171 alternating proprietorship brewing agreement.
172 (6) The guest brewer:
173 (a) Shall comply with all applicable federal and state
174 laws, including labeling laws.
175 (b) Shall pay all federal and state taxes on malt

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176 beverages manufactured pursuant to this section upon removal of
177 the malt beverages from the host brewer's licensed premises.
178 (c) Retains title to malt beverages manufactured under an
179 alternating proprietorship brewing agreement.
180 (d) Shall report to the division by the 10th day of each
181 month the volume of each label of malt beverages manufactured at
182 each licensed premises under each alternating proprietorship
183 brewing agreement.
184 (7) Before engaging in alternating proprietorship brewing,
185 the host brewer and guest brewer:
186 (a) Must each qualify as a brewer with the Alcohol and
187 Tobacco Tax and Trade Bureau under the U.S. Department of the
188 Treasury.
189 (b) Shall submit to the division, on forms provided by the
190 division, information identifying:
191 1. The host brewer.
192 2. The guest brewer.
193 3. The location where the alternating proprietorship
194 brewing will take place.
195 4. The location where any product brewed pursuant to the
196 alternating proprietorship brewing agreement will be stored.
197 5. The amount of malt beverages to be produced under the
198 alternating proprietorship brewing agreement.
199 6. The timeframe in which the guest brewer will be
200 manufacturing malt beverages on the host brewer's licensed

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201 premises.
202 7. Proof of occupancy rights to the host brewer's licensed
203 premises for the duration of the alternating proprietorship
204 brewing agreement.
205 8. Any other information reasonably deemed necessary by
206 the division to ensure the health, safety, and welfare of the
207 public or to ensure that all applicable taxes on the malt
208 beverages produced pursuant to an alternating proprietorship
209 brewing agreement are remitted to the state.
210 (8) Each entity engaged in the activities described in
211 this section shall maintain records including:
212 (a) Any agreement authorizing the manufacturing and
213 transfer of malt beverages.
214 (b) Records of the total volume, in gallons, manufactured
215 as part of the agreement.
216 (c) Any other records required by the Division to ensure
217 compliance with the provisions of the Beverage Law.
218 (9) Manufacturers or vendors licensed pursuant to the s.
219 561.221(3)(a) may not engage in contract brewing or alternating
220 proprietorship brewing.
221 Section 5. Subsection (2) of section 563.045, Florida
222 Statutes, is amended to read:
223 563.045 Brands or labels to be registered; qualification
224 to do business; fee; revocation.—
225 (2) The each registrant shall pay an annual registration

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226 fee for a brand or label sold to a distributor is of $30 for a
227 brand or label. No other annual registration fee for a brand or
228 label is authorized under this section. Any registration may be
229 suspended or revoked in the same manner as a beverage license
230 for any violation of the Beverage Law.
231 Section 6. Section 563.05, Florida Statutes, is amended to
232 read:
233 563.05 Excise taxes on malt beverages.—As to malt
234 beverages containing 0.5 percent or more of alcohol by volume,
235 there shall be paid by all manufacturers, distributors, and
236 vendors, as herein defined, a tax of 48 cents per gallon upon
237 all such beverages in bulk or in kegs or barrels; and, when such
238 beverages are sold in containers of less than 1 gallon, the tax
239 will be 0.375 cents per ounce 6 cents on each pint or fraction
240 thereof in the container. However, the excise taxes required to
241 be paid by this section upon malt beverages are not required to
242 be paid upon such beverages when they are sold to post
243 exchanges, ship service stores, and base exchanges located in
244 military, naval, or air force reservations within this state.
245 (10) The division may adopt rules to implement this
246 section.
247 Section 7. Subsection (2) of section 563.02, Florida
248 Statutes, is amended to read:
249 563.02 License fees; vendors; manufacturers and
250 distributors.—

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hb1451-00
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 1451 2022

251 (2) Each manufacturer engaged in the business of brewing
252 only malt beverages shall pay an annual state license tax of
253 $3,000 for each plant or branch he or she may operate. However,
254 each manufacturer engaged in the business of brewing less than
255 5,000 barrels 10,000 kegs of malt beverages annually for sale
256 pursuant to s. 561.221(2) or consumption on the premises
257 pursuant to s. 561.221(3) shall pay an annual state license tax
258 of $500 for each plant or branch.
259 Section 8. This act shall take effect July 1, 2022.

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hb1451-00
HB 1509
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1509 Private Investigative and Security Services
SPONSOR(S): Byrd
TIED BILLS: IDEN./SIM. BILLS: SB 1018

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Thompson Anstead

2) Criminal Justice & Public Safety Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Department of Agriculture and Consumer Services (DACS), Division of Licensing, is responsible for the
licensure and regulation of private investigation, security and recovery services, including Class “C” Private
Investigator, Class “CC” Private Investigator Intern, Class “D” Security Officer, Class “M” Private
Investigative/Security Agency Manager, Class “MA” Private Investigative Agency Manager, and Class “MB”
Security Manager licensees. In order to carry a firearm in the course of performing their duties, the licensee
must also obtain a Class “G” Statewide Firearm license.

The bill allows Class “C” Private Investigator licensees who do not have a statewide firearm license to bear a
firearm if the licensee has a license to carry concealed firearms in the state.

The bill authorizes Class “C” Private Investigator, Class “CC” Private Investigator Intern, Class “D” Security
Officer, Class “M” Private Investigative/Security Agency Manager, Class “MA” Private Investigative Agency
Manager, and Class “MB” Security Manager licensees, who do not have a Class “G” Statewide Firearm
license, to bear a firearm in the performance of their duties if they are:
 A retired law enforcement officer who served at least 10 years, separated from service in good
standing, and maintains the annual firearms proficiency qualification; or
 An active law enforcement officer who maintains the annual firearms proficiency qualification required
by her or his agency.

The bill authorizes Class “C” Private Investigator, Class “CC” Private Investigator Intern, Class “D” Security
Officer licensees who are 21 years of age or older to carry a concealed firearm in the performance of their
duties if they have been issued a Class “G” Statewide Firearm license, have a license to carry a concealed
firearm, or have not been issued a Class “G” Statewide Firearm license but are a retired law enforcement
officer who served at least 10 years, separated from service in good standing, and maintains the annual
firearms proficiency qualification.

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

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

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1509.RRS
DATE: 1/25/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Private Investigative and Security Services

License License Title Total
Type
C Private Investigators 6,992
CC Private Investigator Interns 1,333
A Private Investigative 2,627
Agencies
AA Private Investigative 21
Agency Branch Offices
MA Private Investigative 81
Agency Managers
M Private 473
Investigative/Security
Agency Managers
D Security Officers 124,996
B Security Agencies 1,836
BB Security Agency Branch 181
Offices
MB Security Managers 1,395
AB Security Agency/Private 19
Investigative Agency
Branch Offices
DS Security Officer Schools 378
DI Security Officer Instructors 1,705
G Statewide Firearm Licenses 26,026
K Firearms Instructors 617

1 Department of Agriculture and Consumer Services , About, http://www.freshfromflorida.co m/About/ (last visited Jan. 24, 2022).
2 S. 790.06, F.S.
3 Ch. 493, F.S.
4 Office of Program Policy Analysis and Government Accountability, Government Program Summaries, Department of Agriculture

https://www.fdacs.gov/Divisions -Offices/Licensing/Statistical-Reports (last visited Jan. 23, 2022).
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DATE: 1/25/2022
E Recovery Agents 743
EE Recovery Agent Interns 282
R Recovery Agencies 282
RR Recovery Agency Branch 38
Offices
MR Recovery Agency 1
Managers
RS Recovery Agent Schools 6
RI Recovery Agent Instructors 9
Subtotal Number of Private Investigative, 169,758
Private Security, and Recovery Services
Licenses
W Concealed Weapon or 2,445,471
Firearm
WJ Concealed Weapon or 809
Firearm/Circuit and County
Judges
WR Concealed Weapon or 13,244
Firearm/Retired Law
Enforcement and
Correctional Officers
WS Concealed Weapon or 6
Firearm/Consular Security
Official
Subtotal Number of Concealed Weapon 2,459,530
Licenses
Total Number of Licenses 2,629,571

Licensure

To obtain any of the 22 license types under ch. 493, F.S., an applicant must complete and submit an
application and meet certain requirements. Each individual, partner, or principal officer in a corporation
is required to file with DACS a complete application signed and verified by the individual “under oath”
as provided in s. 92.525, F.S.6

An applicant must:
 Be at least 18 years old;
 Be one of the following:
o A United States citizen,
o A permanent legal resident, or
o A holder of a work visa from the United States Citizenship and Immigration Service;
 Have no disqualifying criminal history;
 Be of good moral character;
 Have no history of:
o Mental illness,
o Alcohol abuse, or
o Substance abuse; and
 Submit an application with certain identifying information; 7 and
 Complete 40 hours of required training and submit proof thereof to DACS. 8
Class “C” Private Investigators

Section 493.6101, F.S., defines the following:

6 S. 493.6105(2), F.S.
7 S. 493.6105, F.S.
8 S. 493.6303(4)(a), F.S.
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 “Private investigator” means any individual who, for consideration, advertises as providing or
performs private investigation. This does not include an informant who, on a one-time or limited
basis, as a result of a unique expertise, ability, vocation, or special access and who, under the
direction and control of a Class “C” licensee or a Class “MA” licensee, provides information or
services that would otherwise be included in the definition of private investigation.
 Private investigative agency” means any person who, for consideration, advertises as providing
or is engaged in the business of furnishing private investigations.

To become a private investigator in Florida, a Class “C” Private Investigator license is required.9 An
applicant for the Class "C" Private Investigator license must have two years of lawfully gained,
verifiable, full-time experience to qualify for the license.10 In order to carry a firearm in the course of
performing such duties, the licensee must also obtain a Class “G” Statewide Firearm license in addition
to the Class “C” Private Investigator license.11

Class “D” Security Officers

Section 493.6101, F.S., defines the following:
 “Security officer” means any individual who, for consideration, advertises as providing or
performs bodyguard services or otherwise guards persons or property; attempts to prevent theft
or unlawful taking of goods, wares, and merchandise; or attempts to prevent the
misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks,
choses in action, notes, or other documents, papers, and articles of value or procurement of the
return thereof. The term also includes armored car personnel and those personnel engaged in
the transportation of prisoners.12
 “Security agency” means any person who, for consideration, advertises as providing or is
engaged in the business of furnishing security services, armored car services, or transporting
prisoners.

To become an unarmed security officer in Florida, a Class “D” Private Security license is required.13
“Unarmed” means that no firearm shall be carried while providing security officer services regulated by
ch. 493, F.S.14 An applicant for the Class ‘D” Private Security license must submit proof of successful
completion of a minimum of 40 hours of professional training provided by a security officer school or
training facility licensed by DACS.15 In order to carry a firearm in the course of performing such duties,
the licensee must also obtain a Class “G” Statewide Firearm license in addition to the Class “D” Private
Security license.16

Class “G” Statewide Firearm License

In order to carry a firearm in the course of performing duty, the licensee must also obtain a Class “G”
Statewide Firearm license.17 Specifically, only Class “C” Private Investigator, Class “CC” Private
Investigator Intern, Class “D” Security Officer, Class “M” Private Investigative/Security Agency
Manager, Class “MA” Private Investigative Agency Manager, or Class “MB” Security Manager licensees
are permitted to bear a firearm and any such licensee who bears a firearm must also have a Class “G”
Statewide Firearm license.18

9 S. 493.6201(5), F.S.
10 S. 493.6203, F.S.
11 S. 493.6115(2), F.S.
12 S. 493.6101(19), F.S.
13 S. 493.6301(5), F.S. Exceptions to the licensure requirement are listed in s. 493.6102, F.S.
14 S. 493.6101(9), F.S.
15 S. 493.6303(4)(a), F.S.
16 S. 493.6115(2), F.S.
17 S. 493.6115(2), F.S.
18 S. 493.6115(2), F.S.
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An applicant for a Class “G” Statewide Firearm license must satisfy minimum training criteria for
firearms established by DACS rule,19 which training criteria includes, but is not limited to, 28 hours of
range and classroom training taught and administered by a Class “K” Firearms Instructor licensee;
however, no more than 8 hours of such training may consist of range training.20

DACS is authorized to waive the firearms training requirement if:
 The applicant provides proof that he or she is currently certified as a law enforcement officer or
correctional officer pursuant to the requirements of the Criminal Justice Standards and Training
Commission or has successfully completed the training required for certification within the last
12 months.
 The applicant provides proof that he or she is currently certified as a federal law enforcement
officer and has received law enforcement firearms training administered by a federal law
enforcement agency.
 The applicant submits a valid firearm certificate among those specified in paragraph (6)(a). 21

Duties and Conditions

All licensed employees are prohibited from carrying or being furnished a weapon or firearm unless
required in connection with their duties. In such instances, the weapon or firearm is required to be
encased in view at all times, except for private investigators, private investigator interns, and security
officers who are 21 years of age or older and have been issued a statewide firearm license. 22

These individuals are authorized to carry a concealed firearm in any location throughout the state while
performing the following services within the scope of the license:23
 Class “D” Security Officer licensees who are also Class “G” Statewide Firearm licensees and
who are performing:
o Limited, special assignment duties are authorized to carry their authorized firearm
concealed in the conduct of such duties.
o Bodyguard or executive protection services are authorized to carry their authorized
firearm concealed while in nonuniform24 as needed in the conduct of such services.25

Concealed Carry

Unless exempted, a person may not carry a concealed firearm or weapon in public without a license
issued by DACS.26 The licensing scheme requires DACS to issue a license to any applicant that meets
statutory criteria,27 which includes that the person:
 Is a resident and a citizen of the United States or a permanent resident alien of the United
States, or is an eligible consular security official;
 Is 21 years of age or older;
 Does not suffer from a physical infirmity that prevents the safe handling of a weapon or firearm;
 Is not ineligible to possess a firearm because of a felony conviction;
 Has not been committed for abusing a controlled substance;
 Has not been found guilty of a crime relating to a controlled substance within a three-year
waiting period immediately preceding the application date;
 Does not chronically and habitually use alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired;

19 R. 1.132, F.A.C.
20 S. 493.6105(5), F.S.
21 Id.
22 S. 493.6115(3), F.S.
23 S. 493.6115(4), F.S.
24 S. 493.6305, F.S., relating to uniforms, required wear, and exceptions allows Class “D” licensees to perform duties regulated under

this chapter in nonuniform status on a limited special assignment basis, and only when duty circumstances or special requir ements of
the client necessitate such dress.
25 S. 493.6305(3) and (4), F.S.
26
S. 790.01, F.S.
27
S. 790.06(2), F.S.
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DATE: 1/25/2022
 Desires the legal means to carry a concealed weapon or firearm for lawful self-defense;
 Demonstrates competency in the use of a firearm;
 Has not been, or is deemed not to have been, adjudicated an incapacitated person in a
guardianship proceeding;
 Has not been, or is deemed not to have been, committed to a mental institution;
 Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony,
or any misdemeanor crime of domestic violence, unless three years have elapsed since
probation or any other conditions set by the court have been fulfilled, or expunction has
occurred;
 Has not been issued an injunction that is currently in force and effect restraining the applicant
from committing acts of domestic violence or acts of repeat violence; and
 Is not prohibited from purchasing or possessing a firearm by any other provision of law.
o For example, federal law prohibits a person convicted of misdemeanor domestic
violence from purchasing a firearm,28 so a person convicted of misdemeanor domestic
violence is ineligible for a license to carry a concealed firearm or weapon in Florida.

Effect of the Bill

The bill allows private investigator licensees who do not have a statewide firearm license to bear a
firearm if the licensee has a license to carry concealed firearms issued pursuant to s. 790.06, F.S.

The bill authorizes Class “C” Private Investigator, Class “CC” Private Investigator Intern, Class “D”
Security Officer, Class “M” Private Investigative/Security Agency Manager, Class “MA” Private
Investigative Agency Manager, or Class “MB” Security Manager licensees who do not have a statewide
firearm license to bear a firearm in the performance of her or his duties if they are:
 A retired law enforcement officer who:
o Separated from service in good standing;
o Before such separation, served as a law enforcement officer for at least 10 years; and
o Maintains her or his annual firearms proficiency qualification pursuant to the federal Law
Enforcement Officers Safety Act, may bear a firearm in the performance of her or his
duties; or
 An active law enforcement officer who maintains the annual firearms proficiency qualification
required by her or his agency.

The bill authorizes Class “C” Private Investigator, Class “CC” Private Investigator Intern, Class “D”
Security Officer licensees who are 21 years of age or older to carry a concealed firearm in the
performance of their duties, if they:
 Have been issued a Class “G” Statewide Firearm license;
 Have a license to carry a concealed firearm; or
 Have not been issued a Class “G” Statewide Firearm license but are a retired law enforcement
officer who:
o Separated from service in good standing;
o Before such separation, served as a law enforcement officer for at least 10 years; and
o Maintains her or his annual firearms proficiency qualification pursuant to the federal Law
Enforcement Officers Safety Act, may bear a firearm in the performance of her or his
duties.

The bill revises the provision that allows Class “D” Security Officer licensees who have a Class “G”
Statewide Firearm license and who are performing limited, special assignment duties, or performing
bodyguard or executive protection services, to carry their authorized firearm concealed in the conduct
of such duties. The bill replaces the criteria that they have a Class “G” Statewide Firearm license to
instead allow them to be a retired law enforcement officer who:
 Separated from service in good standing;
 Before such separation, served as a law enforcement officer for at least 10 years; and

28
18 U.S.C. § 922(g)(9).
STORAGE NAME: h1509.RRS PAGE: 6
DATE: 1/25/2022
 Maintains her or his annual firearms proficiency qualification pursuant to the federal Law
Enforcement Officers Safety Act, may bear a firearm in the performance of her or his duties.

B. SECTION DIRECTORY:
Section 1: Amends s. 493.6115, F.S., relating to weapons and firearms.

Section 2: Amends s. 493.6305, F.S., relating to uniforms, required wear; exceptions.

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

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
Indeterminate. There may be a positive fiscal impact to DACS by creating an exception to the
eligibility requirements for certain licensees to carry firearms. This may increase the application rate
and related license fees received by DACS, but it is unknown how many applicants will qualify.

According to DACS, the projected annual revenue reductions of Class “G” Statewide Firearm
licensees allowing their license to lapse equaling $115K would be more than offset by almost
$162K of additional estimated revenue collected in the first year of enactment, from these same
Class “C/CC” licensees with Class “G” Statewide Firearm licenses, purchasing Concealed Weapon
licenses to replace the more expensive Class “G” Statewide Firearm license.29

2. Expenditures:
Indeterminate. There may be a cost to DACS to process additional applicants for licensure.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Creating an exception to the eligibility requirements for private investigative and security industry
licensees to carry firearms will likely have a positive fiscal impact on these individuals and the
businesses they work for. According to DACS:30

This bill would allow armed private investigators and private investigator interns to substitute
a concealed weapon license for a Class “G” statewide firearms license. This replacement of
a Class “G” license with a concealed weapon license would save armed private investigators
and private investigator interns $112.00 every two years by not renewing the required G
license. Replacement of the two-year G license with a seven-year concealed weapon license
costing $97.00 ($55.00 for the license and $42.00 for the fingerprint background check)
would equate to a $294.98 cost savings over the seven-year term of a concealed weapon
license. (Two-year G license costing $112.00 divided by 2 years equals $56.00 annual
savings per year, versus seven-year concealed weapon license costing $97.00 divided by 7

29 Id.
30 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2022 HB 1509, (Jan. 24, 2022).
STORAGE NAME: h1509.RRS PAGE: 7
DATE: 1/25/2022
years equals an average annual cost of $13.86 per year. The annual cost difference of
$42.14 ($56.00 - $13.86 = $42.14) multiplied by 7 years equals $294.98.

Additional savings in training costs no longer incurred by Class “G” licensees opting to
replace the G license with a concealed weapon license would be realized in the above
scenario, based on required Class G firearms training that would no longer be incurred. Four
hours of annual firearms training are required to renew a G license, or 28 hours of training
from a Class “K” firearms instructor over the seven-year term of a concealed weapon license
would no longer be incurred.

However, according to DACS, Class “K” Firearms Instructors who provide the qualifying training for the
Class “G” Statewide Firearm license would likely experience a reduction in demand for their services
from:31
 Private investigator and intern applicants; and
 The annual training required for renewing a Class “G” licensee.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
Other Comments

According to DACS:32

This bill would effectively eliminate professional training requirements for armed (Class “G”)
security officers and private investigators who would be exempted by virtue of holding a
concealed weapon license… Class “G” license training is more professional, expansive, and
rigorous whereas concealed carry training only requires a showing of competence.

There could be an increase in conflict-of-interest issues with more active law enforcement
officers that carry concealed weapon when working as private investigator or security
officer… The Florida Commission on Ethics has held that such arrangements may create a
continuing or frequently recurring conflict between a law enforcement officer’s private
interests and the performance of his public duties.

Class “G” licenses and applications would likely decline due to the bill’s option of substituting
the concealed carry license for both their professional and personal life.

31 Id.
32 Id.
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DATE: 1/25/2022
In summary, the enactment of this bill would reduce enforcement jurisdiction by effectively
eliminating the traditional Class “G” training and licensure requirements for those relying
instead on the concealed weapon license for concealed weapon carrying on duty; and
potentially increase conflict-of-interest issues among active law enforcement officers who are
private investigators.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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DATE: 1/25/2022
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 1509 2022

1 A bill to be entitled
2 An act relating to private investigative and security
3 services; amending s. 493.6115, F.S.; revising
4 eligibility requirements for certain licensees to
5 carry firearms; amending s. 493.6305, F.S.; conforming
6 provisions to changes made by the act; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsections (2) and (4) of section 493.6115,
12 Florida Statutes, are amended to read:
13 493.6115 Weapons and firearms.—
14 (2)(a) Except as provided in paragraph (b), only Class
15 "C," Class "CC," Class "D," Class "M," Class "MA," or Class "MB"
16 licensees are permitted to bear a firearm, and any such licensee
17 who bears a firearm shall also have a Class "G" license.
18 (b)1. A Class "C" licensee who does not have a Class "G"
19 license may bear a firearm if the licensee has a license to
20 carry concealed firearms issued pursuant to s. 790.06.
21 2. A Class "C," Class "CC," Class "D," Class "M," Class
22 "MA," or Class "MB" licensee who does not have a Class "G"
23 license but who is a retired law enforcement officer; who
24 separated from service in good standing; who, before such
25 separation, served as a law enforcement officer for at least 10

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hb1509-00
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 1509 2022

26 years; and who maintains her or his annual firearms proficiency
27 qualification pursuant to the federal Law Enforcement Officers
28 Safety Act, may bear a firearm in the performance of her or his
29 duties.
30 3. A Class "C," Class "CC," Class "D," Class "M," Class
31 "MA," or Class "MB" licensee who does not have a Class "G"
32 license but who is an active law enforcement officer and who
33 maintains the annual firearms proficiency qualification required
34 by her or his agency, may bear a firearm in the performance of
35 her or his duties.
36 (4)(a)1. A Class "C" or Class "CC" licensee who is 21
37 years of age or older and has also been issued a Class "G"
38 license, who has a license to carry concealed firearms, or who
39 meets the requirements of subparagraph (2)(b)2. may carry, in
40 the performance of her or his duties, a concealed firearm.
41 2. A Class "D" licensee who is 21 years of age or older
42 and has also been issued a Class "G" license or who meets the
43 requirements of subparagraph (2)(b)2. may carry a concealed
44 firearm in the performance of her or his duties under the
45 conditions specified in s. 493.6305(3) and (4).
46 (b) The Class "G" license must clearly indicate such
47 authority. The authority of any such licensee to carry a
48 concealed firearm is valid in any location throughout the state
49 while performing services within the scope of the license.
50 Section 2. Subsections (3) and (4) of section 493.6305,

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hb1509-00
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 1509 2022

51 Florida Statutes, are amended to read:
52 493.6305 Uniforms, required wear; exceptions.—
53 (3) Class "D" licensees who are authorized to carry a
54 concealed firearm under s. 493.6115(4)(a)2. also Class "G"
55 licensees and who are performing limited, special assignment
56 duties may carry their authorized firearm concealed in the
57 conduct of such duties.
58 (4) Class "D" licensees who are authorized to carry a
59 concealed firearm under s. 493.6115(4)(a)2. also Class "G"
60 licensees and who are performing bodyguard or executive
61 protection services may carry their authorized firearm concealed
62 while in nonuniform as needed in the conduct of such services.
63 Section 3. This act shall take effect July 1, 2022.

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CODING: Words stricken are deletions; words underlined are additions.
hb1509-00
PCS for HB 577
HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: PCS for HB 577 Tenant Safety
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS: IDEN./SIM. BILLS: SB 898

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF

Orig. Comm.: Regulatory Reform Subcommittee Wright Anstead

SUMMARY ANALYSIS
The “Florida Residential Landlord and Tenant Act” (the Act) governs the relationship between landlords and
tenants under a residential rental agreement. The Act provides landlords with certain rights of entry to the
dwelling unit. For example, the landlord may enter a dwelling unit for purposes of repair to the premises, but
the landlord must first give “reasonable notice” of 12 hours to a tenant beforehand.

The PCS increases the time period that a landlord must give to a tenant prior to entering the dwelling unit to 24
hours, from 12 hours.

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

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

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0577.RRS
DATE: 1/25/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Florida Residential Landlord and Tenant Act

Part II of ch. 83, F.S., known as the “Florida Residential Landlord and Tenant Act” (Act), governs the
relationship between landlords and tenants under a residential rental agreement.1

The act does not apply to:2
 Residency or detention in a facility when it is incidental to the provision of medical, geriatric,
educational, counseling, religious, or similar services.
 Occupancy under a contract of sale of a dwelling unit or property of which it is a part.
 Transient occupancy in a public lodging establishment or a mobile home park.
 Occupancy by a holder of a proprietary lease in a cooperative apartment.
 Occupancy by an owner of a condominium unit.

Any right or duty declared in the Act is enforceable by civil action. A right or duty enforced by civil action
under the Act does not preclude prosecution for a criminal offense related to the lease or leased
property. If either the landlord or the tenant fails to comply with the requirements of the rental
agreement or the Act, the aggrieved party may recover the damages caused by the noncompliance. 3
Under certain circumstances, either party may take action to terminate the lease. 4

Covenant of Quiet Enjoyment

Generally, a tenant is entitled to the right of private, peaceful possession of the dwelling, which includes
limited access to the dwelling unit by the landlord.5 In the absence of inconsistent express covenants,
an ordinary lease includes an implied covenant of quiet enjoyment under Florida law,6 and use of the
words "lease" or "demise" in a lease imports a covenant of quiet enjoyment. 7 Thus, a valid ordinary
lease of real estate raises an implied covenant of quiet and peaceful enjoyment of the leased premises
exercisable against the landlord, unless there is an express covenant of a more limited character
inconsistent with the judicially implied covenant of quiet enjoyment. 8

Landlord’s Obligation to Maintain Premises

At all times during a tenancy, the landlord must comply with the requirements of applicable building,
housing, and health codes. Where there are no applicable building, housing, or health codes, the
landlord must maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls,
foundations, and all other structural components in good repair and the plumbing in reasonable working
condition.9

Landlord’s Access to the Dwelling Unit

1 S. 83.41, F.S., provides that part II, ch. 83, F.S., applies to the rental of a dwelling unit.
2 S. 83.42, F.S.
3 S. 83.55, F.S.
4 S. 83.56, F.S.
5 The Florida Bar, Consumer Pamphlet: Rights and Duties of Tenants and Landlords,

https://www.floridabar.org/public/consumer/tip014/ (last visited Jan. 25, 2022).
6 Fla. Jur. 2d Landlord and Tenant § 90. Stinson, Lyons, Gerlin & Bustamante, P.A. v. Brickell Bldg. 1 Holding Co., Inc., 923 F.2d 810

(11th Cir. 1991); Coral Wood Page, Inc. v. GRE Coral Wood, LP, 71 So. 3d 251 (Fla. 2d DCA 2011); Hankins v. Smith, 103 Fla. 892,
138 So. 494 (1931).
7 Fla. Jur. 2d Landlord and Tenant § 90. Hankins, 138 So. 494.
8 Fla. Jur. 2d Landlord and Tenant § 90. McClosky v. Martin, 56 So. 2d 916 (Fla. 1951); Hankins, 138 So. 494.
9 S. 83.51(1), F.S.

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Generally, the landlord is restricted to accessing the dwelling unit under certain scenarios. The landlord
may enter the dwelling unit at any time for the protection or preservation of the premises. 10

The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time
for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given
at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the
hours of 7:30 a.m. and 8:00 p.m.11

The tenant may not unreasonably withhold consent to the landlord to enter the dwelling unit from time
to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or
improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers, or contractors.12 The landlord may enter the dwelling unit when
necessary for these purposes under any of the following circumstances: 13
 With the consent of the tenant;
 In case of emergency;
 When the tenant unreasonably withholds consent; or
 If the tenant is absent from the premises for a period of time equal to one-half the time for
periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended
absence, then the landlord may enter only with the consent of the tenant or for the protection or
preservation of the premises.

The landlord may not abuse the right of access or use it to harass the tenant. 14

Miya Marcano

On September 24, 2021, Miya Marcano, a student at Valencia College, went missing from her
apartment in Orlando, Florida, where she also worked at the front office. She was later found dead
miles from her apartment.15

Investigators for the Orange County Sheriff’s Office said Marcano was taken from her apartment by
Armando Caballero, who was a maintenance worker at the same apartment complex. It is alleged that
he used a master key fob for the apartment complex to enter her apartment. Caballero was found dead
by apparent suicide a few days after Marcano went missing. 16

Effect of the Bill

The sponsor has entitled the act “Miya’s Law,” in memory of Miya Marcano.

The PCS increases the “reasonable notice” time period that a landlord must give to a tenant prior to
entering the dwelling unit for purposes of repair of the premises, to 24 hours, from 12 hours.

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

B. SECTION DIRECTORY:

Section 1: Provides a short title.
Section 2: Amends s. 83.53, F.S., revising landlord notice requirements for entering a dwelling.

10 S. 83.53(2), F.S.
11 Id.
12 S. 83.53(1), F.S.
13 S. 83.53(2), F.S.
14 S. 83.53(3), F.S.
15 Cristobal Reyes, Miya Marcano’s family again b lasts Orange sheriff after autopsy released: ‘Precious moments’ lost, Orlando

Sentinel, Orlando Sentinel (Dec. 28, 2021), https://www.orlandosentinel.com/news/crime/os-ne-miya-marcano-autopsy-response-
20211228-svqnw6bdozaghnoijjevdgkgoi-story.html (last visited Jan. 16, 2022); Vanessa Etienne, Miya Marcano Cause of Death Ruled
a 'Homicide b y Undetermined Means': Medical Examiner, People (Dec. 29, 2021) https://people.com/crime/texas -girls-abduction-
inspired-amber-alert-26-years-later-case-remains-unsolved/ (last visited Jan. 16, 2022).
16 Cristobal Reyes, supra note 15.

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Section 3: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:

None.

2. Expenditures:

None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:

None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

Not applicable. This PCS does not appear to affect county or municipal governments.

2. Other:

None.

B. RULE-MAKING AUTHORITY:

None.

C. DRAFTING ISSUES OR OTHER COMMENTS:

None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 1/25/2022
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

PCS for HB 577 2022

1 A bill to be entitled
2 An act relating to tenant safety; providing a short
3 title; amending s. 83.53, F.S.; revising what
4 constitutes reasonable notice for repairs of dwelling
5 units; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. This act may be cited as "Miya's Law."
10 Section 2. Subsection (2) of section 83.53, Florida
11 Statutes, is amended to read:
12 83.53 Landlord's access to dwelling unit.—
13 (2) The landlord may enter the dwelling unit at any time
14 for the protection or preservation of the premises. The landlord
15 may enter the dwelling unit upon reasonable notice to the tenant
16 and at a reasonable time for the purpose of repair of the
17 premises. "Reasonable notice" for the purpose of repair is
18 notice given at least 24 12 hours prior to the entry, and
19 reasonable time for the purpose of repair shall be between the
20 hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the
21 dwelling unit when necessary for the further purposes set forth
22 in subsection (1) under any of the following circumstances:
23 (a) With the consent of the tenant;
24 (b) In case of emergency;
25 (c) When the tenant unreasonably withholds consent; or

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

PCS for HB 577 2022

26 (d) If the tenant is absent from the premises for a period
27 of time equal to one-half the time for periodic rental payments.
28 If the rent is current and the tenant notifies the landlord of
29 an intended absence, then the landlord may enter only with the
30 consent of the tenant or for the protection or preservation of
31 the premises.
32 Section 3. This act shall take effect July 1, 2022.

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