Meeting Packet — Regulatory Reform Subcommittee (February 3, 2022)
Summary
Meeting packet for the Regulatory Reform Subcommittee of the Commerce Committee, Thursday, February 3, 2022, 2:00 PM, Webster Hall (212 Knott). The agenda lists CS/HB 345 Liens and Bonds, HB 715 Seating Requirements for Special Food Service Establishment Licenses, HB 719 Swim-up Bars, CS/HB 943 Preemption of Local Government Wage Mandates, HB 1451 Malt Beverages and other bills, plus proposed committee substitutes for HB 707 (Home Kitchen Operations) and HB 575 (Vacation and Timeshare Plans). The staff analysis of CS/HB 345 says the bill allows licensed general or building contractors providing construction or program management services to claim construction liens. The packet closes with the text of PCS for HB 707, whose Section 4 provides that the act takes effect July 1, 2022.
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“Meeting Packet — Regulatory Reform Subcommittee (February 3, 2022).”
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Regulatory Reform
Subcommittee
Thursday, February 3, 2022
2:00 PM – 4:00 PM
Webster Hall (212 Knott)
Meeting Packet
Chris Sprowls Bob Rommel
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform Subcommittee
Chris Sprowls Bob Rommel
Speaker Chair
Meeting Agenda
Thursday, February 3, 2022
2:00 PM – 4:00 PM
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
CS/HB 345 Liens and Bonds by Civil Justice & Property Rights
Subcommittee, Overdorf
HB 715 Seating Requirements for Special Food Service Establishment
Licenses by Tomkow
HB 719 Swim-up Bars by Smith, D.
HB 927 Downtown Crystal River Entertainment District, Citrus County
by Hage
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
Phone Numbers
Page 2
CS/HB 943 Preemption of Local Government Wage Mandates by
Local Administration & Veterans Affairs Subcommittee, Harding
HB 1107 City of Inverness, Citrus County by McClain
HB 1423 City of Edgewood, Orange County by Plasencia
HB 1431 City of Apopka, Orange County by Plasencia
HB 1433 Orange County by Plasencia
HB 1451 Malt Beverages by DiCeglie
HB 1497 City of Jacksonville, Duval County by Duggan
Consideration of the following proposed committee substitute(s):
PCS for HB 707 -- Home Kitchen Operations
PCS for HB 575 -- Vacation and Timeshare Plans
V. Closing Remarks
VI. Adjournment
CS/HB 345
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 345 Liens and Bonds
SPONSOR(S): Civil Justice & Property Rights Subcommittee, Overdorf
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice & Property Rights Subcommittee 17 Y, 0 N, As CS Mawn Jones
2) Regulatory Reform Subcommittee Brackett Anstead
3) Judiciary Committee
SUMMARY ANALYSIS
Persons who provide services, labor, or materials for improving, repairing, or maintaining real property (except
public property) may place a construction lien on the property if they are not paid for their services in certain
situations and they follow certain procedures set forth in ch. 713, F.S., Florida’s construction lien law.
CS/HB 345:
Modifies the notice of commencement, notice of termination, and notice of nonpayment forms.
Allows licensed general or building contractors providing construction or program management services
to claim construction liens for such services.
Changes when a notice of termination must be recorded and served, and when such notice is effective.
Modifies service requirements for documents required by the construction lien law.
Authorizes a person intending to make a claim against a payment bond to serve the surety with a copy
of the notice of nonpayment, instead of an original document.
Specifies that the methods for discharging a lien may also be used to release a lien, in whole or in part,
and modifies the requirements for recording a satisfaction or release of lien with the clerk’s office.
Modifies the amount of cash or bond necessary to deposit or file with the clerk’s office to transfer a lien
to a security and requirements related to the clerk’s certificate of deposit or filing.
Entitles the prevailing party in an action to enforce a lien transferred to a security to recover reasonable
attorney fees.
Specifies that the copy of the notice of contest of lien served by the clerk’s office on a lienor must be a
copy of the recorded notice.
Authorizes a building permit applicant to provide the issuing authority with the clerk’s office official
records identifying information in lieu of a certified copy of the notice or a notarized statement of filing.
Provides a method for computing time periods for recording a document or filing an action under the
construction lien law and tolls such time periods in specified emergency circumstances.
Removes the ability of a contractor working on a public project to file an alternative form of security in
lieu of the payment bond typically required.
Repeals s. 713.25, F.S., relating to the applicability of ch. 65-456, F.S.
Modifies the definitions of “clerk’s office” and “final furnishing” and defines “finance charge” and
“specially fabricated materials.”
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0345b.RRS
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Florida law ensures that people working on construction projects are paid for their work. Any person
who provides services, labor, or materials for improving, repairing, or maintaining real property (exc ept
public property) may place a construction lien1 on the property, provided the person complies with
statutory procedures.2 These procedures require the filing or serving of various documents, including a:
Notice of Commencement;3
Notice to Owner;4
Claim of Lien;5
Notice of Termination;6
Waiver or Release of Lien;7
Notice of Contest of Lien;8
Contractor’s Final Payment Affidavit;9 and
Demands of Written Statement of Account.10
To record a construction lien on real property, the lienor must record a claim of lien with the clerk’s
office in the county where the property is located and serve the owner with the claim of lien within 15
days of recording the lien.11 If a claim of lien is not recorded, the lien is void to the extent that the failure
to record the claim prejudices any person entitled to rely on service of the claim of lien. 12
A person may file a claim of lien at any time during the progress of the work but may not file a claim of
lien later than 90 days after the person’s final furnishing of labor or materials.13 A person may record a
single claim of lien for multiple services or materials provided to different properties as long as such
services or materials were provided under the same contract, the person is in privity with the owner,
and the properties have the same owner.14 However, a person may not record a single claim of lien for
multiple services or materials if there is more than one contract, even if the contracts for services and
materials are with the same owner.15
A construction lien extends to the right, title, and interest of the person who contracts for the
improvement to the extent such right, title, and interest exists at the improvement’s commencement or
is acquired in the real property.16 However, when a lessee makes an improvement under an agreement
between the lessee and his or her lessor, the lien also extends to the lessor’s interest unless: 17
1 A lien is a claim against property that evidences a debt, obligation, or duty. Fla. Jur. 2d Liens § 37:1.
2
Ch. 713, F.S.
3 S. 713.13, F.S.
4 To secure construction lien rights, a person working on a construction project who is not in direct contract (“privity”) with the owner
must serve a notice to owner in the statutory form provided; laborers are exempt from this requirement. The notice informs the owner
that someone with whom he or she is not in privity is providing services or materials on the property and that such person expects the
owner to ensure he or she is paid. The notice must be served no later than 45 days after the person begins furnishing services or
materials and before the date the owner disburses the final payment after the contractor has furnished his or her final payme nt affidavit.
After receiving a notice to owner, the owner must obtain a waiver or release of lien from the notice’s sender before paying the
contractor, unless a payment bond applies, or risk payments to the contractor constituting improper payments that leave the o wner
liable to the notice sender if the contractor does not pay such person. Stocking Bldg. Supply of Florida, Inc. v. Soares Da Costa
Construction Services, LLC, 76 So. 3d 313 (Fla 3d DCA 2011); S. 713.06, F.S.
5
S. 713.08, F.S.
6 S. 713.132, F.S.
7 S. 713.20, F.S.
8 S. 713.22(2), F.S.
9 S. 713.06(3), F.S.
10 S. 713.16, F.S.
11 S. 713.08, F.S.
12 S. 713.08(4), F.S.
13 S. 713.08(5), F.S.
14 S. 713.09, F.S.
15 Id.; see also Lee v. All Florida Construction Co., 662 So. 2d 365, 366-67 (Fla. 5th DCA 1995).
16 S. 713.10(1), F.S.
17 Id.
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The lease is recorded in the official records of the county where the property is located before
the recording of a notice of commencement for improvements to the property and the lease’s
terms expressly prohibit such liability;
The lease’s terms expressly prohibit such liability, and a notice advising that leases for the
rental of premises on a property prohibit such liability has been recorded in the official records
of the county in which the property is located before the recording of a notice of commencement
for improvements to the premises and the notice includes specified information; or
The lessee is a mobile home owner who is leasing a mobile home lot in a mobile home park. 18
If a lease expressly provides that the lessor’s interest will not be subject to the construction liens
relating to improvements made by the lessee, the lessee must notify the contractor making any such
improvements of the provision, and the knowing and willful failure of the lessee to provide such notice
renders the contract voidable at the contractor’s option.19
Notice of Commencement
Background
Before construction begins, a private property owner or the owner’s authorized agent must generally
file a notice of commencement with the clerk’s office20 and post a copy of the notice on the property to
be improved.21 The notice of commencement determines the priority of construction liens, provides
details needed to complete a notice to owner, establishes the date on which the statute of limitations
begins to run, and protects owners from double payments. 22
A notice of commencement must be substantially similar to the statutorily-authorized form and contain:
Descriptions of the real property to be improved and the improvements;
The name and address of the:
o Owner, fee simple title holder (if not the owner),23 contractor, and any person lending
money for the project, along with a description of the owner’s interest in the property;24
o Surety25 on a payment bond, if any, and the bond amount;
o Persons, designated by the owner, upon whom notices may be served or who may
receive a claim of lien;
The notice’s expiration date; and
A warning in uppercase type that the notice must be recorded, and that payments made after
the notice expires could be improper and lead to the owner paying twice. 26
Further, a building permit applicant must generally file with the issuing authority, before the first
inspection, either a certified copy of the recorded notice of commencement or a notarized statement
that the notice was filed for recording, along with a copy of the notice. 27 If a certified copy of the notice
of commencement is not filed with the issuing authority, the issuing authority may not perform or
approve subsequent inspections until the applicant files the certified copy; however, the issuing
18 S. 713.10(2)(b), F.S.
19
S. 713.10(2)(a), F.S.
20 “Clerk’s office” means the office of the clerk of the circuit court of the county in which the real property is located. S. 7 13.01(4), F.S.
21 A notice of commencement is not required for direct contracts for $2500 or less or for ai r conditioning or heating system repair or
replacement for less than $7500. A notice of commencement is also not required for public construction projects because public
property is not lienable. Ss. 713.01(26), 713.02(5), 713.13, and 713.135(1)(d), F.S.
22
Stocking Bldg. Supply, So. 3d at 319; The Florida Senate Committee on Regulated Industries, Review of the Florida Construction
Lien Law, November 2007, http://archive.flsenate.gov/data/Publications/2008/Senate/reports/interim_reports/pdf/2008 -149ri.pdf (last
visited Jan. 27, 2022); Fred Dudley, William A. Buzzett, & Deborah Kaveney Kearney, Construction Lien Law Reform: The Equilibrium
of Change, 18 Fla. St. U. L. Rev., 278 (1991).
23 Fee simple title is an interest in land that, being the broadest property interest allowed by law, endures un til the current holder dies
without heirs. Black’s Law Dictionary (11th ed. 2019).
24 A lessee may contract for improvements as an owner but must be listed as the owner in the notice of commencement. S.
713.13(1)(a)3., F.S.
25 A surety guarantees the perform ance or obligations of a second party (the principal) to a third party (the obligee) under a three -party
contract. National Association of Security Bond Providers, What are Surety Bonds, https://www.nasbp.org/getabond/about-
surety#:~:text=A%20surety%20bond%20is%20a,third%20party%20(the%20obligee) (last visited Jan. 27, 2022).
26 S. 713.13(1)(a)-(d), F.S.
27 S. 713.135(1)(d), F.S.
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authority is not liable in any civil action for failing to verify that the building permit applicant submitted a
certified copy of the notice of commencement.28
Effect of Proposed Changes
CS/HB 345 modifies the statutorily-provided notice of commencement form to reflect that the person
signing the notice may use an online notary.29 Additionally, the bill:
Authorizes a building permit applicant to submit the clerk’s office30 official records identifying
information for the recorded notice of commencement, including the instrument number, to the
issuing authority in lieu of a certified copy of the notice or notarized statement of filing.
Provides that the building permit issuing authority is not liable in any civil action for failing to
verify that the building permit applicant submitted one of the acceptable forms of proof that the
applicant filed a notice of commencement.
Payment Bonds
Background
A payment bond is a type of surety bond that generally guarantees that all subcontractors, laborers,
and material suppliers will be paid for their work on or materials contributed to a construction project. 31
It forms a three-part contract between the owner, the contractor, and the surety to ensure that liens are
not filed on the property, serving as the security for payment in lieu of the typical right to claim a lien.
The payment bond must be furnished in at least the amount of the original contract price before
beginning the construction project, and a copy of the bond must be attached to the recorded notice of
commencement.32
For a private project, contractors are not obligated to obtain a payment bond, but current law requires
contractors to obtain a payment bond for public projects over $100,000.33 However, in lieu of the
payment bond, a contractor working on a public project may file with the state, county, city, or other
political authority an alternative form of security in the form of cash, a money order, a certified check, a
cashier’s check, an irrevocable letter of credit, or a security of a type listed in part II of chapter 625,
F.S., dealing with investments.34
Payment bonds may be unconditional or conditional. An unconditional payment bond obligates the
surety to pay unpaid subcontractors, laborers, and material suppliers, regardless of whether the owner
paid the contractor for the labor, services, or materials such persons provided. Thus, where an
unconditional payment bond applies, the subject real property is exempt from constructions liens. In
contrast, a conditional payment bond only obligates the surety to pay unpaid subcontractors, laborers,
and material suppliers if the owner pays the contractor for the labor, services, or materials such
persons provided; where the owner fails to pay the contractor, the unpaid subcontractors, laborers, and
material suppliers must seek payment by claiming a lien on the subject property.35 Thus, where a
conditional payment bond applies, the subject real property is not necessarily exempt from
constructions liens.
Before paying a subcontractor, laborer, or material supplier, a contractor may request that such person
provide a waiver of right to claim against the payment bond. Such a waiver serves as a receipt
28 S. 713.135(1)(d) and (3), F.S.
29 In 2019, the Legislature authorized the use of online notaries. An online notary may perform an online notarization, regardle ss of the
physical location of the principal at the time of the notarial act, if the notary: i s physically located in Florida; and confirms that the
principal desires for the notarial act to be performed by a Florida notary public under Florida law. Ch. 2019 -71, Laws of Fla.; S.
117.265(3), F.S.
30 The bill redefines “clerk’s office” to mean the office of the clerk of the circuit court of the county, or another officer serving as the
county recorder as provided by law, in which the real property is located.
31 S. 713.23, F.S.
32 S. 713.23(1)(a), F.S.
33 S. 255.05(1)(d), F.S.
34 S. 255.05(7), F.S.
35 S. 713.245, F.S.
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acknowledging payment for services performed or materials provided and waives the ability to seek
payment from the surety.36 Current law provides a statutory form for a waiver of right to claim against a
payment bond and prohibits a contractor from requiring anyone to sign a waiver that is substantially
different from the form.37
Effect of Proposed Changes
The bill deletes a provision authorizing a contractor working on a public project to file with the state,
local government, or other political authority, an alternative form of security in lieu of the payment bond
typically required for a public project.
Transfer of Liens to Security
Background
Any construction lien claimed may be transferred from the real property to a security by a person with
an interest in the real property or the contract under which the lien is claimed by either depositing
money or filing a bond with the clerk’s office.38 Cash deposited or a bond filed to transfer a lien must be
in an amount equal to the amount demanded in the lien, plus interest thereon at the legal rate for three
years, plus $1,000 or 25 percent of the demanded amount, whichever is greater.39 Once such a deposit
is made, the clerk must record a certificate showing the transfer of the lien from the real property to the
security, and upon the recording of such certificate, the real property is released from the lien, which is
transferred to the security.40
However, any person having an interest in such security or the property from which the lien was
transferred may file a complaint in the circuit court of the county where such security is deposited, or file
a motion in a pending action to enforce a lien, for an order to require additional security, the reduction
of security, a change or substitution of securities, the payment of discharge thereof, or any other matter
affecting the security.41
Effect of Proposed Changes
The bill increases the amount of the cash or bond required to be deposited or filed with the clerk’s office
to transfer a lien to a security. Specifically, the bill changes the amount required to the amount
demanded in the lien, plus interest at the legal rate for three years, plus $5,000 or 25 percent of the
amount demanded in the lien, whichever is greater. Further, the bill requires that the clerk include a
copy of the deposit or bond used for the transfer with the certificate made and recorded to show the
lien’s transfer.
36 Ss. 255.05(2), and 713.235, F.S.
37 Id.
38 S. 713.24(1), F.S.
39 Id.
40 Id.
41 S. 713.24(3), F.S.
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Licensed General and Building Contractors
Background
Licensed construction contractors are either certified by or registered with the Construction Industry
Licensing Board (“CILB”) within the Department of Business and Professional Regulation (“DBPR”).
"Certified contractors" are persons who pass the state competency examination and obtain a certificate
of competency issued by DBPR.42 Certified contractors can contract in any jurisdiction in the state
without fulfilling the local jurisdiction’s competency requirements.43 “Registered contractors” are
persons who have taken and passed a competency examination administered by a local government
and who have then registered with DBPR.44 Registered contractors can perform contracting only in the
local jurisdiction where their license is issued.45
Contractors, whether certified or registered, may be general contractors or building contractors. A
“general contractor” is a person who may contract for and perform any type of construction service
unless the work must be subcontracted to a licensed subcontractor.46 A “building contractor” is a
person who may contract for and perform construction services for commercial and residential buildings
not exceeding three stories in height, or for any size building if the construction does not affect the
building’s structural frame, unless such work must be subcontracted to a licensed subcontractor.47
Current law allows a local government to hire a construction manager48 and program manager49 for its
construction projects, and allows the state to hire a construction manager for state construction
projects.50 A construction or program manager hired by a local government is not required to be a
licensed contractor, engineer, or architect, but if such person is not licensed, he or she must hire a
licensed professional to perform any job requiring a license.51 However, a construction manager hired
by the state must be a licensed general or building contractor.52
Though the construction lien law allows any person who provides services, labor, or materials for
improving real property (except public property) to place a construction lien on the property,53 it is
unclear if construction or program managers may do so because they do not necessarily provide labor,
services, or materials that improves real property.54
Further, the lien law provides that a contractor may file a lien for any money owed to him or her for
labor, services, or materials 55 but defines a “contractor” as any person other than a materialman or
laborer who contracts with an owner to improve the owner’s real property. 56 The definition also includes
a licensed architect or engineer who improve real property through a design-build contract57 but does
not include a licensed general or building contractor providing construction or program manager
42 S. 489.105(8), F.S.
43 Id.
44
S. 489.105(10), F.S.
45 S. 489.103, F.S.
46 Ss. 489.105(3), and 489.113, F.S.
47 Id.
48 A construction manager is responsible for the overall management of a construction project. DBPR does not regulate construction
managers. The Florida Bar, Florida Construction Law Practice, Chapter 4: Rights and Liabilities of Construction Managers (9th ed.
2018).
49 A program manager is “responsible for schedule control, cost control, and coordination in providing or procuring planning, design,
and construction services.” DBPR does not regulate program managers. S. 255.103(3), F.S.
50 S. 255.32(2), F.S.
51 Id.
52 S. 255.32(1), F.S.
53 See generally ch. 713, F.S.
54 Scott Wolfe, Jr., Can Construction Managers File Mechanics Liens?, https://www.levelset.com/blog/can-construction-managers-file-
mechanics-liens/ (last visited Jan. 27, 2022).
55 S. 713.05, F.S.
56 S. 713.01(8), F.S.
57 S. 713.01(8), F.S.
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services.58 Some courts have determined that persons serving as construction or program managers
may not file construction liens, even where such persons are licensed contractors.59
Effect of Proposed Changes
The bill amends the construction lien law’s definition of “contractor” to include any licensed general or
building contractor who provides construction or program management services.60 This guarantees to
licensed general and building contractors providing such services the ability to claim construction liens
if they are not paid for their work.
Notice of Termination
Background
An owner may terminate a notice of commencement before it expires by recording a notice of
termination that includes:
All the information in the notice of commencement;
The notice of commencement’s reference numbers from the official records of the clerk’s office
and effective date;
The date the notice of commencement is terminated, which may not be earlier than 30 days
after the notice of termination is recorded;
A statement that all persons who worked on the property have been paid in full; and
A statement that the owner has served a copy of the notice of termination to the contractor and
every person in privity with the owner who timely served a notice to owner.61
An owner may record a notice of termination after:
Completion of the construction project; or
Work stops on the project and every person who worked on the property has been paid.62
If the owner serves a copy of the notice of termination on every person in privity with the owner and
who served a notice to owner before the recording of the notice of termination, a notice of
commencement terminates 30 days after the notice of termination is recorded or on the termination
date stated in the notice, whichever is later.63
Effect of Proposed Changes
The bill:
Requires an owner to serve a copy of the notice of termination on any lienor who timely serves
a notice to owner after the notice of termination is recorded and to state in the notice of
termination that he or she will do so.
Deletes a provision allowing an owner to record a notice of termination after construction
completion or when construction ceases before completion, requiring instead that such notice
be recorded only after all lienors have been paid.
Clarifies that the notice of termination must include the official records reference numbers and
recording date affixed to the notice of commencement by the clerk’s office.
58 Id.
59 See, e.g., O’Kon and Company, Inc. v. Riedel, 540 So. 2d 836, 839-40 (Fla. 1st DCA 1988) (“Chapter 713, which provides for
professionals offering services to file a lien for services, does not include ‘project managers.’”); see also, e.g., Medellin v. MLA
Consulting, Inc., 69 So. 3d 372 (Fla. 5th DCA 2011) (A person cannot file a construction lien for home construction consulting services
because it does not improve real property.); See also The Florida Bar supra note 51.
60 The bill specifies that construction management services include scheduling a nd coordinating both preconstruction and construction
phases for the successful, timely, and economical completion of the construction project. The bill also specifies that progra m
management services include schedule control, cost control, and coordinatio n in providing or procuring planning, design, and
construction.
61 S. 713.132(1), F.S.
62 S. 713.132(3), F.S.
63 S. 713.132(4), F.S.
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The bill also requires that a notice of termination be served before recording on each lienor in privity
with the owner and on each person who timely served a notice to owner before the recording of the
notice of termination. The bill specifies that the notice of termination must be recorded in the official
records of the county in which the improvement is located and, if properly served, the notice terminates
the notice of commencement 30 days after the notice of termination is recorded.
However, a notice of commencement is not terminated as to any lienor not in privity with the owner who
timely serves a notice to owner after the notice of termination is recorded until 30 days after such
person is served with the notice of termination.
Manner of Serving Documents
Background
Documents authorized or required under the construction lien law, and notices to contractors for
payment bonds for public construction projects, must be served by:
Actual delivery to the person being served; if a partnership, to one partner; if a corporation, to
an officer, director, managing agent, or business agent; or if a limited liability company, to a
member or manager.
Common carrier delivery service or by registered, Global Express Guaranteed, or certified mail,
to the person being served with postage or shipping paid by the sender and with evidence of
delivery; or
Posting on the construction site if service cannot be performed by the other two methods. 64
Service of a document by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail is effective on the day the document is mailed, if it is:
Sent to the last address shown in the notice of commencement or, in the absence of such a
notice, to the last address shown in the building permit application or to the last known address
of the person to be served; and
Returned as being “refused,” “moved, not forwardable,” or “unclaimed,” or is otherwise not
delivered or deliverable through no fault of the person serving the item.65
However, for construction projects where there is a payment bond, a notice to contractor is effective on
the date of mailing if:
The notice is mailed by registered, Global Express Guaranteed, or certified mail, with postage
prepaid, to the person to be served at the last address shown in the notice of commencement,
the last address shown in the building permit application, or the last known address of the
person being served;
The notice is mailed within 40 days after the date the person first furnishes labor, services, or
materials; and
The person who served the notice maintains:
o A registered or certified mail log that shows the mail number issued by the United States
Postal Service (“USPS”), the name and address of the person served, and the date
stamp of the USPS confirming the date of mailing; or
o Electronic tracking records generated by the USPS containing the tracking number, the
name and address of the person served, and verification of the date of receipt by the
USPS.66
Current law also provides that service of a construction lien notice on one property owner or on one
partner of a partnership that owns a property is deemed to provide notice to all owners or partners.67
Effect of Proposed Changes
64 S. 713.18(1), F.S.
65 S. 713.18(3), F.S.
66 S. 713.18(2), F.S.
67 S. 713.18, F.S.
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The bill:
Clarifies that “actual delivery” of a notice means “hand delivery.”
Provides that service by mail must be made to the person to be served.
Clarifies that service of a notice sent through the mail is effective upon mailing or shipping.
Further, the bill modifies the requirement that, for service to be effective on the date of mailing, the
person serving a notice to contractor where a payment bond applies must maintain electronic tracking
records generated by the USPS, deleting the requirement that the records be electronic and specifying
that they may be either generated or approved by the USPS. The bill also deletes the requirements that
such tracking records contain the name and address of the person served.
Notice to Contractor and Notice of Nonpayment
Background
Under a payment bond, if the general contractor fails to pay a subcontractor, laborer, or material
supplier, such person may seek payment directly from the surety. In order to receive protection under a
payment bond for a project, a subcontractor or material supplier68 not in privity with the contractor must
serve the contractor with a written notice of intent to seek protection under the bond. 69 Such notice
must be served no later than 45 days after the first furnishing of services or materials for the project.70
Additionally, a subcontractor, laborer, or material supplier not in privity with the contractor who has not
received payment for furnishing labor, services, or materials must also serve a written notice of
nonpayment on the contractor and the surety.71 For a construction project on a public building or with
the Department of Transportation, the claimant must serve the notice of nonpayment during the work’s
progress but:
No earlier than 45 days after the first furnishing of labor, services, or materials; or
No later than 90 days after the final furnishing of labor, services, or materials. 72
For a private construction project, the claimant must serve the notice of nonpayment after beginning his
or her work but no later than 90 days after the final furnishing of labor, services, or materials. 73
Practically speaking, this means that, for a private construction project, a notice of nonpayment can be
served on the claimant’s first day of work, before the claimant has billed for the work or a payment cycle
has been completed.
Effect of Proposed Changes
The bill:
Modifies a notice of nonpayment to reflect that the person signing the notice may use an online
notary.
Specifies that a lienor must still provide a notice of nonpayment to the general contractor to
receive protection under a payment bond but requires such person to only provide a copy of the
notice to the surety.
The bill also defines:
“Final furnishing,” with respect to specially fabricated materials, as the date that the last portion
of the specially fabricated materials is delivered to the site of the improvement, or if any portion
of the specially fabricated materials is not delivered to the site by no fault of the lienor, 90 days
after the date the lienor completes the fabrication or 90 days before the expiration of the notice
of commencement, whichever is earlier.
68 Laborers are exempt from this requirement. Ss. 255.05(2)(a)2., 337.18(1)(c), and 713.23(1)(c), F.S.
69 Id.
70 Ss. 255.05(2)(a)2. and 713.23(1)(c), F.S.
71 Ss. 255.05(2)(a)2. and 713.23(1)(d), F.S.
72 Ss. 255.05(2)(a)2. and 337.18(1)(c), F.S.
73 S. 713.23(1)(d), F.S.
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“Specially fabricated materials” to mean materials designed and fabricated for use in a
particular improvement that are not generally suited for or readily adaptable for use in a like
improvement.
Further, the bill provides that, for a construction project on a public building, if the payment bond is not
recorded before the commencement of work or before the recommencement of work after a default or
abandonment if applicable, the claimant may serve the notice to contractor up to 45 days after the date
he or she is served with a copy of the bond.
The bill also decreases the minimum timeframe for service of the notice of nonpayment after first
furnishing for a construction project on a public building or with the Department of Transportation from
45 days to 30 days.
Duration of Lien
Background
An action to enforce a properly recorded construction lien must be brought within one year of recording
or one year after the recording of an amended claim of lien showing a later final furnishing date, unless
the owner of the subject property chooses to shorten the enforcement period by recording a notice of
contest of lien in the clerk’s office.74 After a notice of contest of lien is filed, the clerk’s office must serve
a copy of the notice on the lienor at the address shown in the claim of lien, certify to such service and
the date of service on the notice’s face, and record the notice.75 The lien of any lienor served with a
notice of contest of lien who fails to sue to enforce the lien within 60 days of service of the notice is
automatically extinguished.76
Effect of Proposed Changes
The bill specifies that the clerk’s office must serve a recorded copy of the notice of contest of lien on the
lienor, so that the notice would have to be recorded prior to service to be effective. However, the bill
does not modify the requirement that the clerk’s office certify to such service and the date of service on
the notice’s face and record the notice after service is completed.
Discharge of Liens
Background
A construction lien may be discharged by:
Entering satisfaction of the lien on the margin of the lien document recorded with the clerk’s
office, if allowed by law;
Filing satisfaction with the clerk’s office;
Failing to begin an action to enforce the lien within the statutorily-prescribed time frame;
The circuit court of the county where the property is located issuing an order; or
Recording in the clerk’s office a court judgment or decree showing the action’s final
determination.77
Effect of Proposed Changes
The bill provides that the methods specified for discharging a lien may also be used to release a lien, in
whole or in part. The bill also specifies that, if a satisfaction or release is filed with the clerk’s office, the
satisfaction or release must include the lienor’s notarized signature and the official reference numbers
and recording date associated with the subject lien.
Attorney’s Fees and Costs
74 S. 713.22(1) and (2), F.S.
75 S. 713.22(2), F.S.
76 Id.
77 S. 713.21, F.S.
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Background
The prevailing party in an action to enforce a lien or a claim against a payment bond is entitled to
recover his or her reasonable attorney fees and costs.78
Effect of Proposed Changes
The bill provides that a prevailing party in an action to enforce a lien transferred to a security may
recover his or her reasonable attorney fees in an amount to be determined by the court.
Computation of Time
Background
Florida’s construction lien law establishes many timeframes for filing or serving notices and other
documents but does not specify a method for computing such time periods. However, Florida courts
have noted that “the uniform rule in computing time periods is that the first day of the period is excluded
from the computation, and the last day is included.” 79 Further, where a statute does not specify a
method for computing time, Rule 2.514 of the Florida Rules of Judicial Administration applies, providing
that, when a time period is stated in days or a longer temporal unit, the parties should:
Begin counting from the next day that is not a Saturday, Sunday, or legal holiday;
Count every day, including intermediate Saturdays, Sundays, and legal holidays; and
Include the last day of the period, unless that day is a Saturday, Sunday, or legal holiday, or
falls within any time period extended through an order of the chief justice, in which case the time
period continues to run until the end of the next day that is not a Saturday, Sunday, or legal
holiday and does not fall within any time period extended through an order of the chief justice.
Effect of Proposed Changes
The bill provides that, in computing any time period for recording a document of filing an action under
the construction lien law, if the last day of the time period is a Saturday, Sunday, legal holiday, or any
day observed as a holiday by the clerk’s office, the time period is extended to the end of the next
business day. The bill also provides that:
If the clerk’s office is closed during a state of emergency declared under ch. 252, F.S., all time
periods for recording a document or filing an action under the construction lien law are tolled,
resuming on the first business day after the declared state of emergency ends.
A federal, state, or local governmental order closing or directing the closure of the clerk’s office
for any reason constitutes a state of emergency.
A clerk’s office is considered closed if it is not accepting documents for recording or filing by any
means.
Finance Charges
Background
Chapter 713, F.S., does not define “finance charge,” but uses the phrase “finance charges due under
the lienor’s contract” everywhere the phrase “finance charges” appears in the chapter. Thus, it can be
inferred that the lienor’s contract would define “finance charge” in the construction lien context.
Effect of Proposed Changes
78 S. 713.29, F.S.
79 Site-Prep, Inc. v. Tai, 472 So. 2d 766 (Fla. 5th DCA 1985), citing McMillen v. Hamilton, 48 So. 2d 162 (Fla. 1950).
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The bill defines “finance charge” as the contractually specified additional amount to be paid by the
obligor on any balance that remains unpaid by the due date set forth in the credit agreement or other
contract.
Applicability of Ch. 65-456, Laws of Florida
Background
Section 713.25, F.S., provides that ch. 65-456, Laws of Florida, takes effect on July 1, 1965, but does
not apply to any act required to be done within a time period which is running on that date or to existing
projects where its operation would impair vested rights.
Effect of Proposed Changes
The bill repeals s. 713.25, F.S., as it is outdated and no longer applicable.
Miscellaneous Provisions
The bill makes technical, grammatical, and conforming changes.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Amends s. 255.05, F.S., relating to bond of contractor constructing public buildings; form;
action by claimants.
Section 2: Amends s. 337.18, F.S., relating to surety bonds for construction or maintenance contracts;
requirement with respect to contract award; bond requirements; defaults; damage
assessments.
Section 3: Amends s. 713.01, F.S., relating to definitions.
Section 4: Creates s. 713.011, F.S., relating to computation of time.
Section 5: Amends s. 713.10, F.S. relating to extent of lien.
Section 6: Amends s. 713.13, F.S., relating to notice of commencement.
Section 7: Amends s. 713.132, F.S., relating to notice of termination.
Section 8: Amends s. 713.135, F.S., relating to notice of commencement and applicability of lien.
Section 9: Amends s. 713.18, F.S., relating to manner of serving notices and other instruments.
Section 10: Amends s. 713.21, F.S., relating to discharge of lien.
Section 11: Amends s. 713.22, F.S., relating to duration of lien.
Section 12: Amends s. 713.23, F.S., relating to payment bond.
Section 13: Amends s. 713.24, F.S., relating to transfer of liens to security.
Section 14: Repeals s. 713.25, F.S., relating to applicability of ch. 65-456.
Section 15: Amends s. 713.29, F.S., relating to attorney’s fees.
Section 16: Amends s. 95.11, F.S., relating to limitations for actions other than for the recovery of real
property.
Section 17: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may cause more subcontractors, laborers, and material suppliers to receive compensation for
the labor, services, or materials they supply for construction projects, which may have a positive
indeterminate impact on the private sector. However, the bill may have a negative indeterminate impact
on the private sector by:
Making it costlier to transfer a lien to a payment bond.
Eliminating the option for a contractor working on a public project to provide an alternative form
of security in lieu of a payment bond.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 27, 2022, the Civil Justice and Property Rights Subcommittee adopted a strike-all amendment
and reported the bill favorably as a committee substitute. The strike-all:
Modified the requirements for service of a notice to contractor if a payment bond is not recorded,
specifying that the timeframe for such service is triggered if the payment bond is not recorded
before the commencement of work or before the recommencement of work after a default or
abandonment if applicable.
Decreased the minimum timeframe for serving a notice of nonpayment on a public project or a
project with the DOT from 45 days to 30 days.
Deleted a provision specifying that provisions for the waiver of or right to claim against a payment
bond apply to all contracts under s. 337.18, F.S., relating to contracts with the DOT.
Modified the definition of “final furnishing” and “finance charge.”
Defined “specially fabricated materials.”
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Narrowed the scope of the provisions for computing any time period to only apply to time periods for
recording a document or filing an action under the construction lien law, modified what is
considered a state of emergency under this section, and specified when the clerk’s office is
considered closed.
Deleted a provision authorizing a lienor to file a single claim of lien for multiple direct contracts
under specified circumstances.
Restored the notice of commencement form requirements to current law, with the exception of the
new online notary provision.
Modified the bond amount necessary to transfer a lien to a security from 50 percent of the amount
demanded in the lien to $5,000 or 25 percent of the amount demanded, whichever is greater.
Restored language relating to conditional payment bonds that the bill would have repealed.
Made technical and conforming changes.
This analysis is drafted to the committee substitute as passed by the Civil Justice and Property Rights
Subcommittee.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 345 2022
1 A bill to be entitled
2 An act relating to liens and bonds; amending s.
3 255.05, F.S.; revising when a notice of contest of
4 claim against a payment bond and a notice of
5 nonpayment must be served; requiring that a copy of a
6 notice of nonpayment be served on the surety; revising
7 the process for notarizing a notice of nonpayment;
8 removing the authority for a contractor to file an
9 alternative form of security rather than a bond;
10 requiring service of documents to be made in a
11 specified manner; conforming provisions to changes
12 made by the act; making technical changes; amending s.
13 337.18, F.S.; revising when a notice of nonpayment may
14 be served; requiring service of documents to be made
15 in a specified manner; conforming provisions to
16 changes made by the act; amending s. 713.01, F.S.;
17 revising and providing definitions; creating s.
18 713.011, F.S.; providing for the computation of time
19 for recording a document or filing an action when
20 certain time periods fall on specified days or during
21 a declared state of emergency; providing that certain
22 orders constitute a state of emergency; specifying
23 when a clerk's office is considered closed; amending
24 s. 713.10, F.S.; revising the extent of certain liens;
25 amending s. 713.13, F.S.; conforming a cross-
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26 reference; revising the process for notarizing a
27 notice of commencement; amending s. 713.132, F.S.;
28 revising requirements for a notice of termination;
29 revising when an owner may record a notice of
30 termination; specifying when a notice of termination
31 terminates the notice of commencement; amending s.
32 713.135, F.S.; providing a definition; providing
33 applicability; making technical changes; providing
34 that an issuing authority is not liable for failing to
35 verify that specified information has been filed;
36 amending s. 713.18, F.S.; requiring service of
37 documents relating to construction bonds to be made in
38 a specified manner; making technical changes; amending
39 s. 713.21, F.S.; authorizing the full or partial
40 release of a lien under specified conditions; amending
41 s. 713.22, F.S.; revising the information required in
42 the notice of contest of lien; amending s. 713.23,
43 F.S.; requiring that a copy of a notice of nonpayment
44 be served on the surety; revising the process for
45 notarizing a notice of nonpayment under a payment
46 bond; amending s. 713.24, F.S.; revising the amount
47 required in addition to the deposit or bond that
48 applies toward attorney fees and costs; requiring the
49 clerk to make a copy of the deposit or bond used to
50 transfer a lien to other security and mail it to the
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51 lienor; repealing s. 713.25, F.S., relating to
52 applicability of ch. 65-456; amending s. 713.29, F.S.;
53 authorizing attorney fees in actions to enforce a lien
54 that has been transferred to security; amending s.
55 95.11, F.S.; conforming a cross-reference; providing
56 an effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Subsections (8) through (11) of section 255.05,
61 Florida Statutes, are renumbered as subsections (7) thro ugh
62 (10), respectively, paragraph (a) of subsection (2) and present
63 subsections (6) and (7) are amended, and a new subsection (11)
64 is added to that section, to read:
65 255.05 Bond of contractor constructing public buildings;
66 form; action by claimants.—
67 (2)(a)1. If a claimant is no longer furnishing labor,
68 services, or materials on a project, a contractor or the
69 contractor's agent or attorney may elect to shorten the time
70 within which an action to enforce any claim against a payment
71 bond must be commenced by recording in the clerk's office a
72 notice in substantially the following form:
73
74 NOTICE OF CONTEST OF CLAIM
75 AGAINST PAYMENT BOND
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76
77 To: ...(Name and address of claimant)...
78
79 You are notified that the undersigned contests your notice
80 of nonpayment, dated ............, ........, and served on the
81 undersigned on ............, ........, and that the time within
82 which you may file suit to enforce your claim is limited to 60
83 days after the date of service of this notice.
84
85 DATED on ............, .........
86
87 Signed: ...(Contractor or Attorney)...
88
89 The claim of a claimant upon whom such notice is served and who
90 fails to institute a suit to enforce his or her claim against
91 the payment bond within 60 days after service of such notice is
92 extinguished automatically. The contractor or the contractor's
93 attorney shall serve a copy of the notice of contest on to the
94 claimant at the address shown in the notice of nonpayment or
95 most recent amendment thereto and shall certify to such service
96 on the face of the notice and record the notice.
97 2. A claimant, except a laborer, who is not in privity
98 with the contractor shall, before commencing or not later than
99 45 days after commencing to furnish labor, services, or
100 materials for the prosecution of the work, serve the contractor
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101 with a written notice that he or she intends to look to the bond
102 for protection. If the payment bond is not recorded before the
103 commencement of work or before the recommencement of work after
104 a default or abandonment, if applicable, as required by s.
105 255.05(1), then the claimant may serve the contractor with such
106 written notice up to 45 days after the date that the claimant is
107 served with a copy of the bond. A claimant who is not in privity
108 with the contractor and who has not received payment for
109 furnishing his or her labor, services, or materials shall serve
110 a written notice of nonpayment on the contractor and a copy of
111 the notice on the surety. The notice of nonpayment must shall be
112 under oath and served during the progress of the work or
113 thereafter but may not be served earlier than 30 45 days after
114 the first furnishing of labor, services, or materials by the
115 claimant or later than 90 days after the final furnishing of the
116 labor, services, or materials by the claimant or, with respect
117 to rental equipment, later than 90 days after the date that the
118 rental equipment was last on the job site of the improvement
119 available for use. Any notice of nonpayment served by a claimant
120 who is not in privity with the contractor which includes sums
121 for retainage must specify the portion of the amount claimed for
122 retainage. An action for the labor, services, or materials may
123 not be instituted against the contractor or the surety unless
124 the notice to the contractor and notice of nonpayment have been
125 served, if required by this section. Notices required or
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126 permitted under this section must be served in accordance with
127 s. 713.18. A claimant may not waive in advance his or her right
128 to bring an action under the bond against the surety. In any
129 action brought to enforce a claim against a payment bond under
130 this section, the prevailing party is entitled to recover a
131 reasonable fee for the services of his or her attorney for trial
132 and appeal or for arbitration, in an amount to be determined by
133 the court or arbitrator, which fee must be taxed as part of the
134 prevailing party's costs, as allowed in equitable actions. The
135 time periods for service of a notice of nonpayment or for
136 bringing an action against a contractor or a surety are shall be
137 measured from the last day of furnishing labor, services, or
138 materials by the claimant and may not be measured by other
139 standards, such as the issuance of a certificate of occupancy or
140 the issuance of a certificate of substantial completion. The
141 negligent inclusion or omission of any information in th e notice
142 of nonpayment that has not prejudiced the contractor or surety
143 does not constitute a default that operates to defeat an
144 otherwise valid bond claim. A claimant who serves a fraudulent
145 notice of nonpayment forfeits his or her rights under the bond.
146 A notice of nonpayment is fraudulent if the claimant has
147 willfully exaggerated the amount unpaid, willfully included a
148 claim for work not performed or materials not furnished for the
149 subject improvement, or prepared the notice with such willful
150 and gross negligence as to amount to a willful exaggeration.
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151 However, a minor mistake or error in a notice of nonpayment, or
152 a good faith dispute as to the amount unpaid, does not
153 constitute a willful exaggeration that operates to defeat an
154 otherwise valid claim against the bond. The service of a
155 fraudulent notice of nonpayment is a complete defense to the
156 claimant's claim against the bond. The notice of nonpayment
157 under this subparagraph must include the following information,
158 current as of the date of the notice, and must be in
159 substantially the following form:
160
161 NOTICE OF NONPAYMENT
162
163 To: ...(name of contractor and address)...
164
165 ...(name of surety and address)...
166
167 The undersigned claimant notifies you that:
168 1. Claimant has furnished ...(describe labor, services, or
169 materials)... for the improvement of the real property
170 identified as ...(property description).... The corresponding
171 amount unpaid to date is $...., of which $.... is unpaid
172 retainage.
173 2. Claimant has been paid to date the amount of $.... for
174 previously furnishing ...(describe labor, services, or
175 materials)... for this improvement.
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176 3. Claimant expects to furnish ...(describe labor,
177 services, or materials)... for this improvement in the future
178 (if known), and the corresponding amount expected to become due
179 is $.... (if known).
180
181 I declare that I have read the foregoing Notice of Nonpayment
182 and that the facts stated in it are true to the best of my
183 knowledge and belief.
184
185 DATED on ............, .........
186
187 ...(signature and address of claimant)...
188
189 STATE OF FLORIDA
190 COUNTY OF ........
191
192 The foregoing instrument was sworn to (or affirmed) and
193 subscribed before me by means of ☐ physical presence or sworn to
194 (or affirmed) by ☐ online notarization this .... day of ....,
195 ...(year)..., by ...(name of signatory)....
196
197 ...(Signature of Notary Public - State of Florida)...
198 ...(Print, Type, or Stamp Commissioned Name of Notary
199 Public)...
200
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201 Personally Known ........ OR Produced Identification ........
202
203 Type of Identification Produced
204 (6) All payment bond forms used by a public owner and all
205 payment bonds executed pursuant to this section by a surety
206 shall make reference to this section by number, shall contain
207 reference to the notice and time limitation provisions in
208 subsections (2) and (9)(10), and shall comply with the
209 requirements of paragraph (1)(a).
210 (7) In lieu of the bond required by this section, a
211 contractor may file with the state, county, city, or other
212 political authority an alternative form of security in the form
213 of cash, a money order, a certified check, a cashier's check, an
214 irrevocable letter of credit, or a security of a type listed in
215 part II of chapter 625. Any such alternative form of security
216 shall be for the same purpose and be subject to the same
217 conditions as those applicable to the bond required b y this
218 section. The determination of the value of an alternative form
219 of security shall be made by the appropriate state, county,
220 city, or other political subdivision.
221 (11) Unless otherwise provided in this section, service of
222 any document must be made in accordance with s. 713.18.
223 Section 2. Paragraph (c) of subsection (1) of section
224 337.18, Florida Statutes, is amended, and subsection (6) is
225 added to that section, to read:
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226 337.18 Surety bonds for construction or maintenance
227 contracts; requirement with respect to contract award; bond
228 requirements; defaults; damage assessments.—
229 (1)
230 (c) A claimant, except a laborer, who is not in privity
231 with the contractor shall, before commencing or not later than
232 90 days after commencing to furnish labor, materials, or
233 supplies for the prosecution of the work, furnish the contractor
234 with a notice that he or she intends to look to the bond for
235 protection. A claimant who is not in privity with the contractor
236 and who has not received payment for his or her labor,
237 materials, or supplies shall deliver to the contractor and to
238 the surety written notice of the performance of the labor or
239 delivery of the materials or supplies and of the nonpayment. The
240 notice of nonpayment may be served at any time during the
241 progress of the work or thereafter but not before 30 45 days
242 after the first furnishing of labor, services, or materials, and
243 not later than 90 days after the final furnishing of the labor,
244 services, or materials by the claimant or, with respect to
245 rental equipment, not later than 90 days after the date that the
246 rental equipment was last on the job site of the improvement
247 available for use. An action by a claimant, except a laborer,
248 who is not in privity with the contractor for the labor,
249 materials, or supplies may not be instituted against the
250 contractor or the surety unless both notices have been given.
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251 Written notices required or permitted under this section must
252 may be served in accordance with any manner provided in s.
253 713.18.
254 (6) Unless otherwise provided in this section, service of
255 any document must be made in accordance with s. 713.18.
256 Section 3. Subsections (13) through (27) and subsections
257 (28) and (29) of section 713.01, Florida Statutes, are
258 renumbered as subsections (14) through (28) and subsections ( 30)
259 and (31), respectively, subsections (4), (8), and (12) of that
260 section are amended, and new subsections (13) and (29) are added
261 to that section, to read:
262 713.01 Definitions.—As used in this part, the term:
263 (4) "Clerk's office" means the office of the clerk of the
264 circuit court of the county, or another office serving as the
265 county recorder as provided by law, in which the real property
266 is located.
267 (8) "Contractor" means a person other than a materialman
268 or laborer who enters into a contract with the owner of real
269 property for improving it, or who takes over from a contractor
270 as so defined the entire remaining work under such contract. The
271 term "contractor" includes an architect, landscape architect, or
272 engineer who improves real property pursuant to a design-build
273 contract authorized by s. 489.103(16). The term also includes a
274 licensed general contractor or building contractor, as those
275 terms are defined in s. 489.105(3)(a) and (b), respectively, who
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276 provides construction management services, which include
277 scheduling and coordinating both preconstruction and
278 construction phases for the successful, timely, and economical
279 completion of the construction project or who provides program
280 management services, which include schedule control, cost
281 control, and coordination in providing or procuring planning,
282 design, and construction.
283 (12) "Final furnishing" means the last date that the
284 lienor furnishes labor, services, or materials. Such date may
285 not be measured by other standards, such as the issuance of a
286 certificate of occupancy or the issuance of a certificate of
287 final completion, and does not include the correction of
288 deficiencies in the lienor's previously performed work or
289 materials supplied. With respect to rental equipment, the term
290 means the date that the rental equipment was last on the job
291 site of the improvement and available for use. With respect to
292 specially fabricated materials, the term means the date that the
293 last portion of the specially fabricated materials is delivered
294 to the site of the improvement, or if any portion of the
295 specially fabricated materials is not delivered to the site of
296 the improvement by no fault of the lienor, the term means 90
297 days after the date the lienor completes the fabrication or 90
298 days before the expiration of the notice of commencement,
299 whichever is earlier.
300 (13) "Finance charge" means a contractually specified
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301 additional amount to be paid by the obligor on any balance that
302 remains unpaid by the due date set forth in the credit agreement
303 or other contract.
304 (29) "Specially fabricated materials" means materials
305 designed and fabricated for use in a particular improvement that
306 are not generally suited for or readily adaptable for use in a
307 similar improvement.
308 Section 4. Section 713.011, Florida Statutes, is created
309 to read:
310 713.011 Computation of time.—
311 (1) In computing any time period for recording a document
312 or filing an action under this part, if the last day of the time
313 period is a Saturday, Sunday, legal holiday, or any day observed
314 as a holiday by the clerk's office, the time period is extended
315 to the end of the next business day.
316 (2) During a state of emergency declared under chapter 252
317 in which the clerk's office is closed, the time periods for
318 recording a document or filing an action under this part are
319 tolled. Upon the expiration of the declared state of emergency,
320 the number of days that were remaining for any such time period
321 on the first day of the declared state of emergency shall
322 commence on the first business day after the expiration of th e
323 declared state of emergency.
324 (3) For purposes of this section, a federal, state, or
325 local governmental order closing or directing the closure of the
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326 clerk's office for any reason constitutes a state of emergency
327 and a clerk's office is considered closed if it is not accepting
328 documents for recording or filing by any means.
329 Section 5. Paragraph (b) of subsection (2) of section
330 713.10, Florida Statutes, is amended, and subsection (4) is
331 added to that section, to read:
332 713.10 Extent of liens.—
333 (2)
334 (b) The interest of the lessor is not subject to liens for
335 improvements made by the lessee when:
336 1. The lease, or a short form or a memorandum of the lease
337 that contains the specific language in the lease prohibiting
338 such liability, is recorded in the official records of the
339 county where the premises are located before the recording of a
340 notice of commencement for improvements to the premises and the
341 terms of the lease expressly prohibit such liability; or
342 2. The terms of the lease expressly prohibit such
343 liability, and a notice advising that leases for the rental of
344 premises on a parcel of land prohibit such liability has been
345 recorded in the official records of the county in which the
346 parcel of land is located before the recording of a notice of
347 commencement for improvements to the premises, and the notice
348 includes the following:
349 a. The name of the lessor.
350 b. The legal description of the parcel of land to which
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351 the notice applies.
352 c. The specific language contained in the various leases
353 prohibiting such liability.
354 d. A statement that all or a majority of the leases
355 entered into for premises on the parcel of land expressly
356 prohibit such liability.
357 3. The lessee is a mobile home owner who is leasing a
358 mobile home lot in a mobile home park from the lessor.
359
360 A notice that is consistent with subparagraph 2. effectively
361 prohibits liens for improvements made by a lessee even if other
362 leases for premises on the parcel do not expressly prohibit
363 liens or if provisions of each lease restricting the application
364 of liens are not identical.
365 (4) The interest of the lessor is not subject to liens for
366 improvements made by the lessee when the lessee is a mobile home
367 owner who is leasing a mobile home lot in a mobile home park
368 from the lessor.
369 Section 6. Paragraphs (a) and (d) of subsection (1) of
370 section 713.13, Florida Statutes, are amended to read:
371 713.13 Notice of commencement.—
372 (1)(a) Except for an improvement that is exempt under
373 pursuant to s. 713.02(5), an owner or the owner's authorized
374 agent before actually commencing to improve any real property,
375 or recommencing completion of any improvement after default or
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376 abandonment, whether or not a project has a payment bond
377 complying with s. 713.23, shall record a notice of commencement
378 in the clerk's office and forthwith post either a certified copy
379 thereof or a notarized statement that the notice of commencement
380 has been filed for recording along with a copy thereof. The
381 notice of commencement shall contain all of the following
382 information:
383 1. A description sufficient for identification of the real
384 property to be improved. The description should include the
385 legal description of the property and also should include the
386 street address and tax folio number of the property if available
387 or, if there is no street address available, such additional
388 information as will describe the physical location of the real
389 property to be improved.
390 2. A general description of the improvement.
391 3. The name and address of the owner, the owner's interest
392 in the site of the improvement, and the name and address of the
393 fee simple titleholder, if other than such owner. A lessee who
394 contracts for the improvements is an owner as defined under s.
395 713.01 s. 713.01(23) and must be listed as the owner together
396 with a statement that the ownership interest is a leasehold
397 interest.
398 4. The name and address of the contractor.
399 5. The name and address of the surety on the payment bond
400 under s. 713.23, if any, and the amount of such bond.
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401 6. The name and address of any person making a lo an for
402 the construction of the improvements.
403 7. The name and address within the state of a person other
404 than himself or herself who may be designated by the owner as
405 the person upon whom notices or other documents may be served
406 under this part; and service upon the person so designated
407 constitutes service upon the owner.
408 (d) A notice of commencement must be in substantially the
409 following form:
410
411 Permit No..... Tax Folio No.....
412 NOTICE OF COMMENCEMENT
413 State of....
414 County of....
415
416 The undersigned hereby gives notice that improvement will be
417 made to certain real property, and in accordance with Chapter
418 713, Florida Statutes, the following information is provided in
419 this Notice of Commencement.
420 1. Description of property: ...(legal description of the
421 property, and street address if available)....
422 2. General description of improvement:.....
423 3. Owner information or Lessee information if the Lessee
424 contracted for the improvement:
425 a. Name and address:.....
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426 b. Interest in property:.....
427 c. Name and address of fee simple titleholder (if
428 different from Owner listed above):.....
429 4.a. Contractor: ...(name and address)....
430 b. Contractor's phone number:.....
431 5. Surety (if applicable, a copy of the payment bond is
432 attached):
433 a. Name and address:.....
434 b. Phone number:.....
435 c. Amount of bond: $.....
436 6.a. Lender: ...(name and address)....
437 b. Lender's phone number:.....
438 7. Persons within the State of Florida designated by Owner
439 upon whom notices or other documents may be served as provided
440 by Section 713.13(1)(a)7., Florida Statutes:
441 a. Name and address:.....
442 b. Phone numbers of designated persons:.....
443 8.a. In addition to himself or herself, Owner designates
444 ............ of ............ to receive a copy of the Lienor's
445 Notice as provided in Section 713.13(1)(b), Florida Statutes.
446 b. Phone number of person or entity designated by
447 owner:.....
448 9. Expiration date of notice of commencement (the
449 expiration date will be 1 year after from the date of recording
450 unless a different date is specified).....
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451
452 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
453 EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
454 PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
455 STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
456 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
457 POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
458 INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
459 ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
460 COMMENCEMENT.
461
462 ...(Signature of Owner or Lessee, or Owner's or Lessee's
463 Authorized Officer/Director/Partner/Manager)...
464
465 ...(Signatory's Title/Office)...
466
467 The foregoing instrument was acknowledged before me by means of
468 ☐ physical presence or acknowledged before me by means of ☐
469 online notarization, this .... day of ...., ...(year)..., by
470 ...(name of person)... as ...(type of authority, . . . e.g.
471 officer, trustee, attorney in fact)... for ...(name of party on
472 behalf of whom instrument was executed)....
473
474 ...(Signature of Notary Public - State of Florida)...
475
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476 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
477
478 Personally Known .... OR Produced Identification ....
479
480 Type of Identification Produced............
481 Section 7. Subsections (1), (3), and (4) of section
482 713.132, Florida Statutes, are amended to read:
483 713.132 Notice of termination.—
484 (1) An owner may terminate the period of effectiveness of
485 a notice of commencement by executing, swearing to, and
486 recording a notice of termination that contains all of the
487 following:
488 (a) The same information as the notice of commencement .;
489 (b) The official records' recording office document book
490 and page reference numbers and recording date affixed by the
491 recording office on of the recorded notice of commencement.;
492 (c) A statement of the date as of which the notice of
493 commencement is terminated, which date may not be earlier than
494 30 days after the notice of termination is recorded .;
495 (d) A statement specifying that the notice applies to all
496 the real property subject to the notice of commencement or
497 specifying the portion of such real property to which it
498 applies.;
499 (e) A statement that all lienors have been paid in full .;
500 and
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501 (f) A statement that the owner has, before recording the
502 notice of termination, served a copy of the notice of
503 termination on the contractor and on each lienor who has a
504 direct contract with the owner or who has timely served a notice
505 to owner, and a statement that the owner will serve a copy of
506 the notice of termination on each lienor who timely serves a
507 notice to owner after the notice of termination has been
508 recorded. The owner is not required to serve a copy of the
509 notice of termination on any lienor who has executed a waiver
510 and release of lien upon final payment in accordance with s.
511 713.20.
512 (3) An owner may not record a notice of termination at any
513 time after except after completion of construction, or after
514 construction ceases before completion and all lienors have been
515 paid in full or pro rata in accordance with s. 713.06(4).
516 (4) If an owner or a contractor, by fraud or collusion,
517 knowingly makes any fraudulent statement or affidavit in a
518 notice of termination or any accompanying affidavit, the owner
519 and the contractor, or either of them, as the case may be, is
520 liable to any lienor who suffers damages as a result of the
521 filing of the fraudulent notice of termination,; and any such
522 lienor has a right of action for damages occasioned thereby.
523 (5)(4) A notice of termination must be served before
524 recording on each lienor who has a direct contract with the
525 owner and on each lienor who has timely and properly served a
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526 notice to owner in accordance with this part before the
527 recording of the notice of termination. A notice of termination
528 must be recorded in the official records of the county in which
529 the improvement is located. If properly served before recording
530 in accordance with this subsection, the notice of termination
531 terminates the period of effectiveness of the notice of
532 commencement 30 days after the notice of termination is recorded
533 in the official records is effective to terminate the notice of
534 commencement at the later of 30 days after recording of the
535 notice of termination or a later the date stated in the notice
536 of termination as the date on which the notice of commencement
537 is terminated. However, if a lienor who began work under the
538 notice of commencement before its termination lacks a direct
539 contract with the owner and timely serves his or her notice to
540 owner after the notice of termination has been recorded, the
541 owner must serve a copy of the notice of termination upon such
542 lienor, and the termination of the notice of commencement as to
543 that lienor is effective 30 days after service of the notice of
544 termination if the notice of termination has been served
545 pursuant to paragraph (1)(f) on the contractor and on each
546 lienor who has a direct contract with the owner or who has
547 served a notice to owner.
548 Section 8. Subsections (1) and (3) of section 713.135,
549 Florida Statutes, are amended to read:
550 713.135 Notice of commencement and applicability of lien. —
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551 (1) When a any person applies for a building permit, the
552 authority issuing such permit shall:
553 (a) Print on the face of each permit card in no less than
554 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR
555 FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
556 PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
557 COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE
558 THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
559 WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
560 COMMENCEMENT."
561 (b) Provide the applicant and the owner of the real
562 property upon which improvements are to be constructed with a
563 printed statement stating that the right, title, and interest of
564 the person who has contracted for the improvement may be subject
565 to attachment under the Construction Lien Law. The Department of
566 Business and Professional Regulation shall furnish, for
567 distribution, the statement described in this paragraph, and the
568 statement must be a summary of the Construction Lien Law and
569 must include an explanation of the provisions of the
570 Construction Lien Law relating to the recording, and the posting
571 of copies, of notices of commencement and a statement
572 encouraging the owner to record a notice of commencement and
573 post a copy of the notice of commencement in accordance with s.
574 713.13. The statement must also contain an explanation of the
575 owner's rights if a lienor fails to furnish the owner with a
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576 notice as provided in s. 713.06(2) and an explanation of the
577 owner's rights as provided in s. 713.22. The authority that
578 issues the building permit must obtain from the Department of
579 Business and Professional Regulation the statement required by
580 this paragraph and must mail, deliver by electronic mail or
581 other electronic format or facsimile, or personally deliver that
582 statement to the owner or, in a case in which the owner is
583 required to personally appear to obtain the permit, provide that
584 statement to any owner making improvements to real property
585 consisting of a single or multiple family dwelling up to and
586 including four units. However, the failure by the authorities to
587 provide the summary does not subject the issuing authority to
588 liability.
589 (c) In addition to providing the owner with the statement
590 as required by paragraph (b), inform each applicant who is not
591 the person whose right, title, and interest is subject to
592 attachment that, as a condition to the issuance of a building
593 permit, the applicant must promise in good faith that the
594 statement will be delivered to the person whose property is
595 subject to attachment.
596 (d) Furnish to the applicant two or more copies of a form
597 of notice of commencement conforming with s. 713.13.
598 (e) Require If the direct contract is greater than $2,500,
599 the applicant to shall file with the issuing authority before
600 prior to the first inspection either a certified copy of the
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601 recorded notice of commencement if the direct contract is
602 greater than $2,500. For purposes of this paragraph, the term
603 "copy of the notice of commencement" means a certified copy of
604 the recorded notice of commencement, or a notarized statement
605 that the notice of commencement has been filed for recording ,
606 along with a copy thereof, or the clerk's office official
607 records identifying information that includes the instrument
608 number for the notice of commencement or the number and page of
609 book where the notice of commencement is recorded, as identified
610 by the clerk.
611 1. In the absence of the filing of a certified copy of the
612 recorded notice of commencement, the issuing authority or a
613 private provider performing inspection services may not perform
614 or approve subsequent inspections until the applicant files by
615 mail, facsimile, hand delivery, or any other means such
616 certified copy with the issuing authority.
617 2. The certified copy of the notice of commencement must
618 contain the name and address of the owner, the name and address
619 of the contractor, and the location or address of the property
620 being improved. The issuing authority shall verify that the name
621 and address of the owner, the name of the contractor, and the
622 location or address of the property being improved which is
623 contained in the certified copy of the notice of commencement is
624 consistent with the information in the building permit
625 application.
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626 3. The issuing authority shall provide the recording
627 information on the certified copy of the recorded notice of
628 commencement to any person upon request.
629 4. This subsection does not require the recording of a
630 notice of commencement before prior to the issuance of a
631 building permit. If a local government requires a separate
632 permit or inspection for installation of temporary electrical
633 service or other temporary utility service, land clearing, or
634 other preliminary site work, such permits may be issued and such
635 inspections may be conducted without providing the issuing
636 authority with a certified copy of the a recorded notice of
637 commencement or a notarized statement regarding a recorded
638 notice of commencement. This subsection does not apply to a
639 direct contract to repair or replace an existing heating or air -
640 conditioning system in an amount less than $7,500.
641 (f)(e) Not require that a notice of commencement be
642 recorded as a condition of the application for, or processing or
643 issuance of, a building permit. However, this paragraph does not
644 modify or waive the inspection requirements set forth in this
645 subsection.
646
647 This subsection does not apply to a direct contract to repair or
648 replace an existing heating or air-conditioning system in an
649 amount less than $7,500.
650 (3) An issuing authority under subsection (1) is not
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651 liable in any civil action for the failure to verify that a
652 certified copy of the recorded notice of commencement , a
653 notarized statement that the notice of commencement has been
654 filed for recording along with a copy thereof, or the clerk's
655 office official records identifying information that includes
656 the instrument number for the notice of commencement or the
657 number and page of book where the notice of commencement is
658 recorded, as identified by the clerk, has been filed in
659 accordance with this section.
660 Section 9. Section 713.18, Florida Statutes, is amended to
661 read:
662 713.18 Manner of serving documents notices and other
663 instruments.—
664 (1) Unless otherwise specifically provided by law, service
665 of any document notices, claims of lien, affidavits,
666 assignments, and other instruments permitted or required under
667 this part, s. 255.05, or s. 337.18, or copies thereof when so
668 permitted or required, unless otherwise specifically provided in
669 this part, must be made by one of the following methods:
670 (a) By hand actual delivery to the person to be served; if
671 a partnership, to one of the partners; if a corporation, to an
672 officer, director, managing agent, or business agent; or, if a
673 limited liability company, to a member or manager.
674 (b) By common carrier delivery service or by registered,
675 Global Express Guaranteed, or certified mail to the person to be
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676 served, with postage or shipping paid by the sender and with
677 evidence of delivery, which may be in an electronic format.
678 (c) By posting on the site of the improvement if service
679 as provided by paragraph (a) or paragraph (b) cannot be
680 accomplished.
681 (2) Notwithstanding subsection (1), service of a notice to
682 owner or a preliminary notice to contractor under this part, s.
683 255.05, or s. 337.18, or s. 713.23 is effective as of the date
684 of mailing and the requirements for service under this section
685 have been satisfied if all of the following requirements have
686 been met:
687 (a) The notice is mailed by registered, Global Express
688 Guaranteed, or certified mail, with postage prepaid, to the
689 person to be served and addressed as prescribed at any of the
690 addresses set forth in subsection (3).;
691 (b) The notice is mailed within 40 days after the date the
692 lienor first furnishes labor, services, or materials.; and
693 (c)1. The person who served the notice maintains a
694 registered or certified mail log that shows the registered or
695 certified mail number issued by the United States Postal
696 Service, the name and address of the person served, and the date
697 stamp of the United States Postal Service confirming the date of
698 mailing; or
699 2. The person who served the notice maintains electronic
700 tracking records approved or generated by the United States
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701 Postal Service containing the postal tracking number, the name
702 and address of the person served, and verification of the date
703 of receipt by the United States Postal Service.
704 (3)(a) Notwithstanding subsection (1), service of a
705 document under an instrument pursuant to this section is
706 effective on the date of mailing or shipping, and the
707 requirements for service under this section have been satisfied,
708 the instrument if the document it:
709 1. Is sent to the last address shown in the notice of
710 commencement or any amendment thereto or, in the absence of a
711 notice of commencement, to the last address shown in the
712 building permit application, or to the last known address of the
713 person to be served.; and
714 2. Is returned as being "refused," "moved, not
715 forwardable," or "unclaimed," or is otherwise not delivered or
716 deliverable through no fault of the person serving the document
717 item.
718 (b) If the address shown in the notice of commencement or
719 any amendment thereto to the notice of commencement, or, in the
720 absence of a notice of commencement, in the building permit
721 application, is incomplete for purposes of mailing or delivery,
722 the person serving the document item may complete the address
723 and properly format it according to United States Postal Service
724 addressing standards using information obtained from the
725 property appraiser or another public record without affecting
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726 the validity of service under this section.
727 (4) A document notice served by a lienor on one owner or
728 one partner of a partnership owning the real property is deemed
729 served on notice to all owners and partners.
730 Section 10. Section 713.21, Florida Statutes, is amended
731 to read:
732 713.21 Discharge of lien.—A lien properly perfected under
733 this chapter may be discharged, or released in whole or in part,
734 by any of the following methods:
735 (1) By entering satisfaction of the lien upon the margin
736 of the record thereof in the clerk's office when not otherwise
737 prohibited by law. This satisfaction shall be signed by the
738 lienor, the lienor's agent or attorney and attested by said
739 clerk. Any person who executes a claim of lien has shall have
740 authority to execute a satisfaction in the absence of actual
741 notice of lack of authority to any person relying on the same.
742 (2) By the satisfaction or release of the lienor, duly
743 acknowledged and recorded in the clerk's office. The
744 satisfaction or release must include the lienor's notarized
745 signature and set forth the official records' reference numbers
746 and recording date affixed by the recording office on the
747 subject lien. Any person who executes a claim of lien has shall
748 have authority to execute a satisfaction or release in the
749 absence of actual notice of lack of authority to any person
750 relying on the same.
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751 (3) By failure to begin an action to enforce the lien
752 within the time prescribed in this part.
753 (4) By an order of the circuit court of the county where
754 the property is located, as provided in this subsection. Upon
755 filing a complaint therefor by any interested party the clerk
756 shall issue a summons to the lienor to show cause within 20 days
757 why his or her lien should not be enforced by action or vacated
758 and canceled of record. Upon failure of the lienor to show cause
759 why his or her lien should not be enforced or the lienor's
760 failure to commence such action before the return date of the
761 summons the court shall forthwith order cancellation of the
762 lien.
763 (5) By recording in the clerk's office the original or a
764 certified copy of a judgment or decree of a court of competent
765 jurisdiction showing a final determination of the action.
766 Section 11. Subsection (2) of section 713.22, Florida
767 Statutes, is amended to read:
768 713.22 Duration of lien.—
769 (2) An owner or the owner's attorney may elect to shorten
770 the time prescribed in subsection (1) within which to commence
771 an action to enforce any claim of lien or claim against a bond
772 or other security under s. 713.23 or s. 713.24 by recording in
773 the clerk's office a notice in substantially the following form:
774 NOTICE OF CONTEST OF LIEN
775 To: ...(Name and address of lienor)...
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CS/HB 345 2022
776 You are notified that the undersigned contests the claim of lien
777 filed by you on ...., ...(year)..., and recorded in .... Book
778 ...., Page ...., of the public records of .... County, Florida,
779 and that the time within which you may file suit to enforce your
780 lien is limited to 60 days from the date of service of this
781 notice. This .... day of ...., ...(year)....
782 Signed: ...(Owner or Attorney)...
783 The lien of any lienor upon whom such recorded notice is served
784 and who fails to institute a suit to enforce his or her lien
785 within 60 days after service of such recorded notice shall be
786 extinguished automatically. The clerk shall serve, in accordance
787 with s. 713.18, a copy of the recorded notice of contest to the
788 lien claimant at the address shown in the claim of lien or most
789 recent amendment thereto and shall certify to such service and
790 the date of service on the face of the notice and record the
791 notice.
792 Section 12. Paragraphs (d) and (e) of subsection (1) of
793 section 713.23, Florida Statutes, are amended to read:
794 713.23 Payment bond.—
795 (1)
796 (d) In addition, a lienor who has not received payment for
797 furnishing his or her labor, services, or materials must, as a
798 condition precedent to recovery under the bond, serve a written
799 notice of nonpayment on to the contractor and a copy of the
800 notice on the surety. The notice must be under oath and served
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CS/HB 345 2022
801 during the progress of the work or thereafter, but may not be
802 served later than 90 days after the final furnishing of labor,
803 services, or materials by the lienor, or, with respect t o rental
804 equipment, later than 90 days after the date the rental
805 equipment was on the job site of the improvement and available
806 for use. A notice of nonpayment that includes sums for retainage
807 must specify the portion of the amount claimed for retainage.
808 The required notice satisfies this condition precedent with
809 respect to the payment described in the notice of nonpayment,
810 including unpaid finance charges due under the lienor's
811 contract, and with respect to any other payments which become
812 due to the lienor after the date of the notice of nonpayment.
813 The time period for serving a notice of nonpayment is shall be
814 measured from the last day of furnishing labor, services, or
815 materials by the lienor and may not be measured by other
816 standards, such as the issuance of a certificate of occupancy or
817 the issuance of a certificate of substantial completion. The
818 failure of a lienor to receive retainage sums not in excess of
819 10 percent of the value of labor, services, or materials
820 furnished by the lienor is not considered a nonpayment requiring
821 the service of the notice provided under this paragraph. If the
822 payment bond is not recorded before commencement of
823 construction, the time period for the lienor to serve a notice
824 of nonpayment may, at the option of the lienor, be calculated
825 from the date specified in this section or the date the lienor
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826 is served a copy of the bond. However, the limitation period for
827 commencement of an action on the payment bond as established in
828 paragraph (e) may not be expanded. The negligent inclusion or
829 omission of any information in the notice of nonpayment that has
830 not prejudiced the contractor or surety does not constitute a
831 default that operates to defeat an otherwise valid bond claim. A
832 lienor who serves a fraudulent notice of nonpayment forf eits his
833 or her rights under the bond. A notice of nonpayment is
834 fraudulent if the lienor has willfully exaggerated the amount
835 unpaid, willfully included a claim for work not performed or
836 materials not furnished for the subject improvement, or prepared
837 the notice with such willful and gross negligence as to amount
838 to a willful exaggeration. However, a minor mistake or error in
839 a notice of nonpayment, or a good faith dispute as to the amount
840 unpaid, does not constitute a willful exaggeration that operates
841 to defeat an otherwise valid claim against the bond. The service
842 of a fraudulent notice of nonpayment is a complete defense to
843 the lienor's claim against the bond. The notice under this
844 paragraph must include the following information, current as of
845 the date of the notice, and must be in substantially the
846 following form:
847
848 NOTICE OF NONPAYMENT
849
850 To ...(name of contractor and address)...
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CS/HB 345 2022
851
852 ...(name of surety and address)...
853
854 The undersigned lienor notifies you that:
855 1. The lienor has furnished ...(describe labor, services,
856 or materials)... for the improvement of the real property
857 identified as ...(property description).... The corresponding
858 amount unpaid to date is $...., of which $.... is unpaid
859 retainage.
860 2. The lienor has been paid to date the amount of $....
861 for previously furnishing ...(describe labor, services, or
862 materials)... for this improvement.
863 3. The lienor expects to furnish ...(describe labor,
864 services, or materials)... for this improvement in the future
865 (if known), and the corresponding amount expected to become due
866 is $.... (if known).
867
868 I declare that I have read the foregoing Notice of Nonpayment
869 and that the facts stated in it are true to the best of my
870 knowledge and belief.
871
872 DATED on ............, .........
873
874 ...(signature and address of lienor)...
875
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876 STATE OF FLORIDA
877 COUNTY OF........
878
879 The foregoing instrument was sworn to (or affirmed) and
880 subscribed before me by means of ☐ physical presence or sworn to
881 (or affirmed) by ☐ online notarization, this .... day of ....,
882 ...(year)..., by ...(name of signatory)....
883 ...(Signature of Notary Public - State of Florida)...
884 ...(Print, Type, or Stamp Commissioned Name of Notary
885 Public)...
886
887 Personally Known ........ OR Produced Identification ........
888
889 Type of Identification Produced
890 (e) An action for the labor, or materials, or supplies may
891 not be instituted or prosecuted against the contractor or surety
892 unless both notices have been given, if required by this
893 section. An action may not be instituted or prosecuted against
894 the contractor or against the surety on the bond under this
895 section after 1 year from the performance of the labor or
896 completion of delivery of the materials and supplies. The time
897 period for bringing an action against the contractor or surety
898 on the bond is shall be measured from the last day of furnishing
899 labor, services, or materials by the lienor. The time period may
900 not be measured by other standards, such as the issuance of a
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901 certificate of occupancy or the issuance of a certificate of
902 substantial completion. A contractor or the contractor's
903 attorney may elect to shorten the time within which an action to
904 enforce any claim against a payment bond provided under this
905 section or s. 713.245 must be commenced at any time after a
906 notice of nonpayment, if required, has been served for t he claim
907 by recording in the clerk's office a notice in substantially the
908 following form:
909 NOTICE OF CONTEST OF CLAIM
910 AGAINST PAYMENT BOND
911 To: ...(Name and address of lienor)...
912 You are notified that the undersigned contests your notice
913 of nonpayment, dated ...., ...., and served on the undersigned
914 on ...., ...., and that the time within which you may file suit
915 to enforce your claim is limited to 60 days after from the date
916 of service of this notice.
917 DATED on ...., .....
918 Signed: ...(Contractor or Attorney)...
919 The claim of any lienor upon whom the notice is served and who
920 fails to institute a suit to enforce his or her claim against
921 the payment bond within 60 days after service of the notice
922 shall be extinguished automatically. The contractor or the
923 contractor's attorney shall serve a copy of the notice of
924 contest to the lienor at the address shown in the notice of
925 nonpayment or most recent amendment thereto and shall certify to
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926 such service on the face of the notice and record the notice.
927 Section 13. Subsections (1) and (3) of section 713.24,
928 Florida Statutes, are amended to read:
929 713.24 Transfer of liens to security.—
930 (1) Any lien claimed under this part may be transferred,
931 by any person having an interest in the real property upon which
932 the lien is imposed or the contract under which the lien is
933 claimed, from such real property to other security by either:
934 (a) Depositing in the clerk's office a sum of money, or
935 (b) Filing in the clerk's office a bond executed as surety
936 by a surety insurer licensed to do business in this state,
937
938 either to be in an amount equal to the amount demanded in such
939 claim of lien, plus interest thereon at the legal rate for 3
940 years, plus $5,000 $1,000 or 25 percent of the amount demanded
941 in the claim of lien, whichever is greater, to apply on any
942 attorney attorney's fees and court costs that may be taxed in
943 any proceeding to enforce said lien. Such deposit or bond shall
944 be conditioned to pay any judgment or decree which may be
945 rendered for the satisfaction of the lien for which such claim
946 of lien was recorded. Upon making such deposit or filing such
947 bond, the clerk shall make and record a certificate which must
948 include a copy of the deposit or bond used to transfer, showing
949 the transfer of the lien from the real property to the security
950 and shall mail a copy thereof together with a copy of the
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951 deposit or bond used to transfer by registered or certified mail
952 to the lienor named in the claim of lien so transferred, at the
953 address stated therein. Upon filing the certificate of transfer,
954 the real property shall thereupon be released from the lien
955 claimed, and such lien shall be transferred to said security. In
956 the absence of allegations of privity between the lienor and the
957 owner, and subject to any order of the court increasing the
958 amount required for the lien transfer deposit or bond, no other
959 judgment or decree to pay money may be entered by the court
960 against the owner. The clerk is shall be entitled to a service
961 charge for making and serving the certificate, in the amount of
962 up to $20, from which the clerk shall remit $5 to the Department
963 of Revenue for deposit into the General Revenue Fund. If the
964 transaction involves the transfer of multiple liens, an
965 additional charge of up to $10 for each additional lien shall be
966 charged, from which the clerk shall remit $2.50 to the
967 Department of Revenue for deposit into the General Revenue Fund.
968 For recording the certificate and approving the bond, the clerk
969 shall receive her or his usual statutory service charges as
970 prescribed in s. 28.24. Any number of liens may be transferred
971 to one such security.
972 (3) Any party having an interest in such security or the
973 property from which the lien was transferred may at any time,
974 and any number of times, file a complaint in chancery in the
975 circuit court of the county where such security is deposited, or
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976 file a motion in a pending action to enforce a lien, for an
977 order to require additional security, reduction of security,
978 change or substitution of sureties, payment of discharge
979 thereof, or any other matter affecting said security. If the
980 court finds that the amount of the deposit or bond in excess of
981 the amount claimed in the claim of lien is insufficient to pay
982 the lienor's attorney attorney's fees and court costs incurred
983 in the action to enforce the lien, the court must increase the
984 amount of the cash deposit or lien transfer bond. Nothing in
985 this section shall be construed to vest exclusive jurisdiction
986 in the circuit courts over transfer bond claims for nonpayment
987 of an amount within the monetary jurisdiction of the county
988 courts.
989 Section 14. Section 713.25, Florida Statutes, is repealed.
990 Section 15. Section 713.29, Florida Statutes, is amended
991 to read:
992 713.29 Attorney Attorney's fees.—In any action brought to
993 enforce a lien, including a lien that has been transferred to
994 security, or to enforce a claim against a bond under this part,
995 the prevailing party is entitled to recover a reasonable fee for
996 the services of her or his attorney for trial and appeal or for
997 arbitration, in an amount to be determined by the court, which
998 fee must be taxed as part of the prevailing party's costs, as
999 allowed in equitable actions.
1000 Section 16. Paragraph (b) of subsection (2) and paragraph
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1001 (e) of subsection (5) of section 95.11, Florida Statutes, are
1002 amended to read:
1003 95.11 Limitations other than for the recovery of real
1004 property.—Actions other than for recovery of real property shall
1005 be commenced as follows:
1006 (2) WITHIN FIVE YEARS.—
1007 (b) A legal or equitable action on a contract, obligation,
1008 or liability founded on a written instrument, except for an
1009 action to enforce a claim against a payment bond, which shall be
1010 governed by the applicable provisions of paragraph (5)(e), s.
1011 255.05(9) s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and
1012 except for an action for a deficiency judgment governed by
1013 paragraph (5)(h).
1014 (5) WITHIN ONE YEAR.—
1015 (e) Except for actions governed by s. 255.05(9) s.
1016 255.05(10), s. 337.18(1), or s. 713.23(1)(e), an action to
1017 enforce any claim against a payment bond on which the principal
1018 is a contractor, subcontractor, or sub-subcontractor as defined
1019 in s. 713.01, for private work as well as public work, from the
1020 last furnishing of labor, services, or materials or from the
1021 last furnishing of labor, services, or materials by the
1022 contractor if the contractor is the principal on a bond on the
1023 same construction project, whichever is later.
1024 Section 17. This act shall take effect July 1, 2022.
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REGULATORY REFORM SUBCOMMITTEE
HB 345 by Rep. Overdorf
Liens and Bonds
AMENDMENT SUMMARY
February 3, 2022
Amendment 1 by Rep. Overdorf (strike-all):
The strike-all:
• Maintains current law regarding:
o The timeframe for serving notice of nonpayment.
o Contractors filing alternate forms of security.
• Clarifies that a clerk of court must serve a notice of contest of lien to all relevant parties
after the clerk has recorded the notice.
• Clarifies that the time period to record or file a document under the construction lien law
is tolled if the clerk’s office is closed for a state of emergency.
The remaining parts of the bill are unchanged.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (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 Overdorf offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7
8 Section 1. Subsections (8) through (11) of section 255.05,
9 Florida Statutes, are renumbered as subsections (7) through
10 (10), respectively, paragraph (a) of subsection (2) and present
11 subsections (6) and (7) are amended, and a new subsection (11)
12 is added to that section, to read:
13 255.05 Bond of contractor constructing public buildings;
14 form; action by claimants.—
15 (2)(a)1. If a claimant is no longer furnishing labor,
16 services, or materials on a project, a contractor or the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
17 contractor's agent or attorney may elect to shorten the time
18 within which an action to enforce any claim against a payment
19 bond must be commenced by recording in the clerk's office a
20 notice in substantially the following form:
21
22 NOTICE OF CONTEST OF CLAIM
23 AGAINST PAYMENT BOND
24
25 To: ...(Name and address of claimant)...
26
27 You are notified that the undersigned contests your notice
28 of nonpayment, dated ............, ........, and served on the
29 undersigned on ............, ........, and that the time w ithin
30 which you may file suit to enforce your claim is limited to 60
31 days after the date of service of this notice.
32
33 DATED on ............, .........
34
35 Signed: ...(Contractor or Attorney)...
36
37 The claim of a claimant upon whom such notice is served and who
38 fails to institute a suit to enforce his or her claim against
39 the payment bond within 60 days after service of such notice is
40 extinguished automatically. The contractor or the contractor's
41 attorney shall serve a copy of the notice of contest on to the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
42 claimant at the address shown in the notice of nonpayment or
43 most recent amendment thereto and shall certify to such service
44 on the face of the notice and record the notice.
45 2. A claimant, except a laborer, who is not in privity
46 with the contractor shall, before commencing or not later than
47 45 days after commencing to furnish labor, services, or
48 materials for the prosecution of the work, serve the contractor
49 with a written notice that he or she intends to look to the bond
50 for protection. If the payment bond is not recorded before the
51 commencement of work or before the recommencement of work after
52 a default or abandonment, if applicable, as required by s.
53 255.05(1), then the claimant may serve the contractor with such
54 written notice up to 45 days after the date that the claimant is
55 served with a copy of the bond. A claimant who is not in privity
56 with the contractor and who has not received payment for
57 furnishing his or her labor, services, or materials shall serve
58 a written notice of nonpayment on the contractor and a copy of
59 the notice on the surety. The notice of nonpayment must shall be
60 under oath and served during the progress of the work or
61 thereafter but may not be served earlier than 45 days a fter the
62 first furnishing of labor, services, or materials by the
63 claimant or later than 90 days after the final furnishing of the
64 labor, services, or materials by the claimant or, with respect
65 to rental equipment, later than 90 days after the date that the
66 rental equipment was last on the job site of the improvement
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Amendment No. 1
67 available for use. Any notice of nonpayment served by a claimant
68 who is not in privity with the contractor which includes sums
69 for retainage must specify the portion of the amount claimed for
70 retainage. An action for the labor, services, or materials may
71 not be instituted against the contractor or the surety unless
72 the notice to the contractor and notice of nonpayment have been
73 served, if required by this section. Notices required or
74 permitted under this section must be served in accordance with
75 s. 713.18. A claimant may not waive in advance his or her right
76 to bring an action under the bond against the surety. In any
77 action brought to enforce a claim against a payment bond under
78 this section, the prevailing party is entitled to recover a
79 reasonable fee for the services of his or her attorney for trial
80 and appeal or for arbitration, in an amount to be determined by
81 the court or arbitrator, which fee must be taxed as part of the
82 prevailing party's costs, as allowed in equitable actions. The
83 time periods for service of a notice of nonpayment or for
84 bringing an action against a contractor or a surety are shall be
85 measured from the last day of furnishing labor, services, or
86 materials by the claimant and may not be measured by other
87 standards, such as the issuance of a certificate of occupancy or
88 the issuance of a certificate of substantial completion. The
89 negligent inclusion or omission of any information in the notice
90 of nonpayment that has not prejudiced the contractor or surety
91 does not constitute a default that operates to defeat an
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No. 1
92 otherwise valid bond claim. A claimant who serves a fraudulent
93 notice of nonpayment forfeits his or her rights under the bond.
94 A notice of nonpayment is fraudulent if the claimant has
95 willfully exaggerated the amount unpaid, willfully included a
96 claim for work not performed or materials not furnished for the
97 subject improvement, or prepared the notice with such willful
98 and gross negligence as to amount to a willful exaggeration.
99 However, a minor mistake or error in a notice of nonpayment, or
100 a good faith dispute as to the amount unpaid, does not
101 constitute a willful exaggeration that operates to defeat an
102 otherwise valid claim against the bond. The service of a
103 fraudulent notice of nonpayment is a complete defense to the
104 claimant's claim against the bond. The notice of nonpayment
105 under this subparagraph must include the following information,
106 current as of the date of the notice, and must be in
107 substantially the following form:
108
109 NOTICE OF NONPAYMENT
110
111 To: ...(name of contractor and address)...
112
113 ...(name of surety and address)...
114
115 The undersigned claimant notifies you that:
116 1. Claimant has furnished ...(describe labor, services, or
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Amendment No. 1
117 materials)... for the improvement of the real property
118 identified as ...(property description).... The corresponding
119 amount unpaid to date is $...., of which $.... is unpaid
120 retainage.
121 2. Claimant has been paid to date the amount of $.... for
122 previously furnishing ...(describe labor, services, or
123 materials)... for this improvement.
124 3. Claimant expects to furnish ...(describe labor,
125 services, or materials)... for this improvement in the future
126 (if known), and the corresponding amount expected to become due
127 is $.... (if known).
128
129 I declare that I have read the foregoing Notice of Nonpayment
130 and that the facts stated in it are true to the best of my
131 knowledge and belief.
132
133 DATED on ............, .........
134
135 ...(signature and address of claimant)...
136
137 STATE OF FLORIDA
138 COUNTY OF ........
139
140 The foregoing instrument was sworn to (or affirmed) and
141 subscribed before me by means of ☐ physical presence or sworn to
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Amendment No. 1
142 (or affirmed) by ☐ online notarization this .... day of ....,
143 ...(year)..., by ...(name of signatory)....
144
145 ...(Signature of Notary Public - State of Florida)...
146 ...(Print, Type, or Stamp Commissioned Name of Notary
147 Public)...
148
149 Personally Known ........ OR Produced Identification ........
150
151 Type of Identification Produced
152 (6) All payment bond forms used by a public owner and all
153 payment bonds executed pursuant to this section by a surety
154 shall make reference to this section by number, shall contain
155 reference to the notice and time limitation provisions in
156 subsections (2) and (9)(10), and shall comply with the
157 requirements of paragraph (1)(a).
158 (7) In lieu of the bond required by this section, a
159 contractor may file with the state, county, city, or other
160 political authority an alternative form of security in the form
161 of cash, a money order, a certified check, or a cashier's check,
162 an irrevocable letter of credit, or a security of a type listed
163 in part II of chapter 625. Any such alternative form of security
164 shall be for the same purpose and be subject to the same
165 conditions as those applicable to the bond required by this
166 section. The determination of the value of an alternative form
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Amendment No. 1
167 of security shall be made by the appropriate state, county,
168 city, or other political subdivision.
169 (11) Unless otherwise provided in this section, service of
170 any document must be made in accordance with s. 713 .18.
171 Section 2. Paragraph (c) of subsection (1) of section
172 337.18, Florida Statutes, is amended, and subsection (6) is
173 added to that section, to read:
174 337.18 Surety bonds for construction or maintenance
175 contracts; requirement with respect to contract award; bond
176 requirements; defaults; damage assessments.—
177 (1)
178 (c) A claimant, except a laborer, who is not in privity
179 with the contractor shall, before commencing or not later than
180 90 days after commencing to furnish labor, materials, or
181 supplies for the prosecution of the work, furnish the contractor
182 with a notice that he or she intends to look to the bond for
183 protection. A claimant who is not in privity with the contractor
184 and who has not received payment for his or her labor,
185 materials, or supplies shall deliver to the contractor and to
186 the surety written notice of the performance of the labor or
187 delivery of the materials or supplies and of the nonpayment. The
188 notice of nonpayment may be served at any time during the
189 progress of the work or thereafter but not before 45 days after
190 the first furnishing of labor, services, or materials, and not
191 later than 90 days after the final furnishing of the labor,
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192 services, or materials by the claimant or, with respect to
193 rental equipment, not later than 90 days after the date that the
194 rental equipment was last on the job site of the improvement
195 available for use. An action by a claimant, except a laborer,
196 who is not in privity with the contractor for the labor,
197 materials, or supplies may not be instituted against the
198 contractor or the surety unless both notices have been given.
199 Written notices required or permitted under this section must
200 may be served in accordance with any manner provided in s.
201 713.18.
202 (6) Unless otherwise provided in this section, service of
203 any document must be made in accordance with s. 713.18.
204 Section 3. Subsections (13) through (27) and subsections
205 (28) and (29) of section 713.01, Florida Statutes, are
206 renumbered as subsections (14) through (28) and subsections (30)
207 and (31), respectively, subsections (4), (8), and (12) of that
208 section are amended, and new subsections (13) and (29) are added
209 to that section, to read:
210 713.01 Definitions.—As used in this part, the term:
211 (4) "Clerk's office" means the office of the clerk of the
212 circuit court of the county, or another office serving as the
213 county recorder as provided by law, in which the real property
214 is located.
215 (8) "Contractor" means a person other than a materialman
216 or laborer who enters into a contract with the owner of real
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217 property for improving it, or who takes over from a contractor
218 as so defined the entire remaining work under such contract. The
219 term "contractor" includes an architect, landscape architect, or
220 engineer who improves real property pursuant to a design -build
221 contract authorized by s. 489.103(16). The term also includes a
222 licensed general contractor or building contractor, as those
223 terms are defined in s. 489.105(3)(a) and (b), respectively, who
224 provides construction management services, which include
225 scheduling and coordinating both preconstruction and
226 construction phases for the construction project or who provides
227 program management services, which include schedule control,
228 cost control, and coordination in providing or procuring
229 planning, design, and construction.
230 (12) "Final furnishing" means the last date that the
231 lienor furnishes labor, services, or materials. Such date may
232 not be measured by other standards, such as the issuance of a
233 certificate of occupancy or the issuance of a certificate of
234 final completion, and does not include the correction of
235 deficiencies in the lienor's previously performed work or
236 materials supplied. With respect to rental equipment, the term
237 means the date that the rental equipment was last on the job
238 site of the improvement and available for use. With respect to
239 specially fabricated materials, the term means the date that the
240 last portion of the specially fabricated materials is delivered
241 to the site of the improvement, or if any portion of the
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242 specially fabricated materials is not delivered to the site of
243 the improvement by no fault of the lienor, the term means 90
244 days after the date the lienor completes the fabrication or 90
245 days before the expiration of the notice of commencement,
246 whichever is earlier.
247 (13) "Finance charge" means a contractually specified
248 additional amount to be paid by the obligor on any balance that
249 remains unpaid by the due date set forth in the credit agreement
250 or other contract.
251 (29) "Specially fabricated materials" means materials
252 designed and fabricated for use in a particular improvement that
253 are not generally suited for or readily adaptable for use in a
254 similar improvement.
255 Section 4. Section 713.011, Florida Statutes, is created
256 to read:
257 713.011 Computation of time.—
258 (1) In computing any time period for recording a document
259 or filing an action under this part, if the last day of the time
260 period is a Saturday, Sunday, legal holiday, or any day observed
261 as a holiday by the clerk's office, the time period is extended
262 to the end of the next business day. In computing any other time
263 period under this part, if the last day of the time period is a
264 Saturday, Sunday, or legal holiday, the time period is extended
265 to the end of the next business day.
266 (2) If closure of a clerk’s office is directed by a
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267 federal, state, or local governmental order in response to a
268 state of emergency declared under chapter 252, the time periods
269 for recording a document or filing an action with that clerk’s
270 office under this part are tolled until the first business day
271 after the clerk’s office reopens. For purposes of this
272 subsection, a clerk’s office is considered open if it is
273 recording or filing documents submitted electronically.
274 Section 5. Paragraph (b) of subsection (2) of section
275 713.10, Florida Statutes, is amended, and subsection (4) is
276 added to that section, to read:
277 713.10 Extent of liens.—
278 (2)
279 (b) The interest of the lessor is not subject to liens for
280 improvements made by the lessee when:
281 1. The lease, or a short form or a memorandum of the lease
282 that contains the specific language in the lease prohibiting
283 such liability, is recorded in the official records of the
284 county where the premises are located before the recording of a
285 notice of commencement for improvements to the premises and the
286 terms of the lease expressly prohibit such liability; or
287 2. The terms of the lease expressly prohibit such
288 liability, and a notice advising that leases for the rental of
289 premises on a parcel of land prohibit such liability has been
290 recorded in the official records of the county in which the
291 parcel of land is located before the recording of a notice of
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292 commencement for improvements to the premises, and the notice
293 includes the following:
294 a. The name of the lessor.
295 b. The legal description of the parcel of land to wh ich
296 the notice applies.
297 c. The specific language contained in the various leases
298 prohibiting such liability.
299 d. A statement that all or a majority of the leases
300 entered into for premises on the parcel of land expressly
301 prohibit such liability.
302 3. The lessee is a mobile home owner who is leasing a
303 mobile home lot in a mobile home park from the lessor.
304
305 A notice that is consistent with subparagraph 2. effectively
306 prohibits liens for improvements made by a lessee even if other
307 leases for premises on the parcel do not expressly prohibit
308 liens or if provisions of each lease restricting the application
309 of liens are not identical.
310 (4) The interest of the lessor is not subject to liens for
311 improvements made by the lessee when the lessee is a mobile home
312 owner who is leasing a mobile home lot in a mobile home park
313 from the lessor.
314 Section 6. Paragraphs (a) and (d) of subsection (1) of
315 section 713.13, Florida Statutes, are amended to read:
316 713.13 Notice of commencement.—
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317 (1)(a) Except for an improvement that is exempt under
318 pursuant to s. 713.02(5), an owner or the owner's authorized
319 agent before actually commencing to improve any real property,
320 or recommencing completion of any improvement after default or
321 abandonment, whether or not a project has a payment bond
322 complying with s. 713.23, shall record a notice of commencement
323 in the clerk's office and forthwith post either a certified copy
324 thereof or a notarized statement that the notice of commencement
325 has been filed for recording along with a copy thereof. The
326 notice of commencement shall contain all of the following
327 information:
328 1. A description sufficient for identification of the real
329 property to be improved. The description should include the
330 legal description of the property and also should include the
331 street address and tax folio number of the property if available
332 or, if there is no street address available, such additional
333 information as will describe the physical location of the real
334 property to be improved.
335 2. A general description of the improvement.
336 3. The name and address of the owner, the owner's interest
337 in the site of the improvement, and the name and address of the
338 fee simple titleholder, if other than such owner. A lessee who
339 contracts for the improvements is an owner as defined under s.
340 713.01 s. 713.01(23) and must be listed as the owner together
341 with a statement that the ownership interest is a leasehold
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342 interest.
343 4. The name and address of the contractor.
344 5. The name and address of the surety on the payment bond
345 under s. 713.23, if any, and the amount of such bond.
346 6. The name and address of any person making a loan for
347 the construction of the improvements.
348 7. The name and address within the state of a person other
349 than himself or herself who may be designated by the owner a s
350 the person upon whom notices or other documents may be served
351 under this part; and service upon the person so designated
352 constitutes service upon the owner.
353 (d) A notice of commencement must be in substantially the
354 following form:
355
356 Permit No..... Tax Folio No.....
357 NOTICE OF COMMENCEMENT
358 State of....
359 County of....
360
361 The undersigned hereby gives notice that improvement will be
362 made to certain real property, and in accordance with Chapter
363 713, Florida Statutes, the following information is provided in
364 this Notice of Commencement.
365 1. Description of property: ...(legal description of the
366 property, and street address if available)....
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367 2. General description of improvement:.....
368 3. Owner information or Lessee information if the Lessee
369 contracted for the improvement:
370 a. Name and address:.....
371 b. Interest in property:.....
372 c. Name and address of fee simple titleholder (if
373 different from Owner listed above):.....
374 4.a. Contractor: ...(name and address)....
375 b. Contractor's phone number:.....
376 5. Surety (if applicable, a copy of the payment bond is
377 attached):
378 a. Name and address:.....
379 b. Phone number:.....
380 c. Amount of bond: $.....
381 6.a. Lender: ...(name and address)....
382 b. Lender's phone number:.....
383 7. Persons within the State of Florida designated by Owner
384 upon whom notices or other documents may be served as provided
385 by Section 713.13(1)(a)7., Florida Statutes:
386 a. Name and address:.....
387 b. Phone numbers of designated persons:.....
388 8.a. In addition to himself or herself, Owner design ates
389 ............ of ............ to receive a copy of the Lienor's
390 Notice as provided in Section 713.13(1)(b), Florida Statutes.
391 b. Phone number of person or entity designated by
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392 owner:.....
393 9. Expiration date of notice of commencement (the
394 expiration date will be 1 year after from the date of recording
395 unless a different date is specified).....
396
397 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
398 EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
399 PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
400 STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
401 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
402 POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
403 INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
404 ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
405 COMMENCEMENT.
406
407 ...(Signature of Owner or Lessee, or Owner's or Lessee's
408 Authorized Officer/Director/Partner/Manager)...
409
410 ...(Signatory's Title/Office)...
411
412 The foregoing instrument was acknowledged before me by means of
413 ☐ physical presence or acknowledged before me by means of ☐
414 online notarization, this .... day of ...., ...(year)..., by
415 ...(name of person)... as ...(type of authority, . . . e.g.
416 officer, trustee, attorney in fact)... for ...(name of party on
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417 behalf of whom instrument was executed)....
418
419 ...(Signature of Notary Public - State of Florida)...
420
421 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
422
423 Personally Known .... OR Produced Identification ....
424
425 Type of Identification Produced............
426 Section 7. Subsections (1), (3), and (4) of section
427 713.132, Florida Statutes, are amended to read:
428 713.132 Notice of termination.—
429 (1) An owner may terminate the period of effectiveness of
430 a notice of commencement by executing, swearing to, and
431 recording a notice of termination that contains all of the
432 following:
433 (a) The same information as the notice of commencement .;
434 (b) The official records' recording office document book
435 and page reference numbers and recording date affixed by the
436 recording office on of the recorded notice of commencement.;
437 (c) A statement of the date as of which the notice of
438 commencement is terminated, which date may not be e arlier than
439 30 days after the notice of termination is recorded .;
440 (d) A statement specifying that the notice applies to all
441 the real property subject to the notice of commencement or
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442 specifying the portion of such real property to which it
443 applies.;
444 (e) A statement that all lienors have been paid in full .;
445 and
446 (f) A statement that the owner has, before recording the
447 notice of termination, served a copy of the notice of
448 termination on the contractor and on each lienor who has a
449 direct contract with the owner or who has timely served a notice
450 to owner, and a statement that the owner will serve a copy of
451 the notice of termination on each lienor who timely serves a
452 notice to owner after the notice of termination has been
453 recorded. The owner is not required to serve a copy of the
454 notice of termination on any lienor who has executed a waiver
455 and release of lien upon final payment in accordance with s.
456 713.20.
457 (3) An owner may not record a notice of termination at any
458 time after except after completion of construction, or after
459 construction ceases before completion and all lienors have been
460 paid in full or pro rata in accordance with s. 713.06(4).
461 (4) If an owner or a contractor, by fraud or collusion,
462 knowingly makes any fraudulent statement or affidavit in a
463 notice of termination or any accompanying affidavit, the owner
464 and the contractor, or either of them, as the case may be, is
465 liable to any lienor who suffers damages as a result of the
466 filing of the fraudulent notice of termination,; and any such
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467 lienor has a right of action for damages occasioned thereby.
468 (5)(4) A notice of termination must be served before
469 recording on each lienor who has a direct contract with the
470 owner and on each lienor who has timely and properly served a
471 notice to owner in accordance with this part before the
472 recording of the notice of termination. A notice of termination
473 must be recorded in the official records of the county in which
474 the improvement is located. If properly served before recording
475 in accordance with this subsection, the notice of termination
476 terminates the period of effectiveness of the notice of
477 commencement 30 days after the notice of termination is recorded
478 in the official records is effective to terminate the notice of
479 commencement at the later of 30 days after recording of the
480 notice of termination or a later the date stated in the notice
481 of termination as the date on which the notice of commencement
482 is terminated. However, if a lienor who began work under the
483 notice of commencement before its termination lacks a direct
484 contract with the owner and timely serves his or her notice to
485 owner after the notice of termination has been recorded, the
486 owner must serve a copy of the notice of termination upon such
487 lienor, and the termination of the notice of commencement as to
488 that lienor is effective 30 days after service of the notice of
489 termination if the notice of termination has been served
490 pursuant to paragraph (1)(f) on the contractor and on each
491 lienor who has a direct contract with the owner or who has
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Amendment No. 1
492 served a notice to owner.
493 Section 8. Subsections (1) and (3) of section 713.135,
494 Florida Statutes, are amended to read:
495 713.135 Notice of commencement and applicability of lien.—
496 (1) When a any person applies for a building permit, the
497 authority issuing such permit shall:
498 (a) Print on the face of each permit card in no less than
499 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR
500 FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
501 PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
502 COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE
503 THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
504 WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
505 COMMENCEMENT."
506 (b) Provide the applicant and the owner of the real
507 property upon which improvements are to be constructed with a
508 printed statement stating that the right, title, and interest of
509 the person who has contracted for the improvement may be subject
510 to attachment under the Construction Lien Law. The Department of
511 Business and Professional Regulation shall furnish, for
512 distribution, the statement described in this paragraph, and the
513 statement must be a summary of the Construction Lien Law and
514 must include an explanation of the provisions of the
515 Construction Lien Law relating to the recording, and the posting
516 of copies, of notices of commencement and a statement
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517 encouraging the owner to record a notice of commencement and
518 post a copy of the notice of commencement in accordance with s.
519 713.13. The statement must also contain an explanation of the
520 owner's rights if a lienor fails to furnish the owner with a
521 notice as provided in s. 713.06(2) and an explanation of the
522 owner's rights as provided in s. 713.22. The authority that
523 issues the building permit must obtain from the Department of
524 Business and Professional Regulation the statement required by
525 this paragraph and must mail, deliver by electronic mail or
526 other electronic format or facsimile, or personally deliver that
527 statement to the owner or, in a case in which the owner is
528 required to personally appear to obtain the permit, provide that
529 statement to any owner making improvements to real property
530 consisting of a single or multiple family dwelling up to and
531 including four units. However, the failure by the authorities to
532 provide the summary does not subject the issuing authority to
533 liability.
534 (c) In addition to providing the owner with the statement
535 as required by paragraph (b), inform each applicant who is not
536 the person whose right, title, and interest is subject to
537 attachment that, as a condition to the issuance of a building
538 permit, the applicant must promise in good faith that the
539 statement will be delivered to the person whose property is
540 subject to attachment.
541 (d) Furnish to the applicant two or more copies of a form
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542 of notice of commencement conforming with s. 713.13.
543 (e) Require If the direct contract is greater than $2,500,
544 the applicant to shall file with the issuing authority before
545 prior to the first inspection either a certified copy of the
546 recorded notice of commencement if the direct contract is
547 greater than $2,500. For purposes of this paragraph, the term
548 "copy of the notice of commencement" means a certified copy of
549 the recorded notice of commencement, or a notarized statement
550 that the notice of commencement has been filed for recording ,
551 along with a copy thereof, or the clerk's office official
552 records identifying information that includes the instrument
553 number for the notice of commencement or the number and page of
554 book where the notice of commencement is recorded, as identified
555 by the clerk.
556 1. In the absence of the filing of a certified copy of the
557 recorded notice of commencement, the issuing authority or a
558 private provider performing inspection services may not perform
559 or approve subsequent inspections until the applicant files by
560 mail, facsimile, hand delivery, or any other means such
561 certified copy with the issuing authority.
562 2. The certified copy of the notice of commencement must
563 contain the name and address of the owner, the name and address
564 of the contractor, and the location or address of the property
565 being improved. The issuing authority shall verify that the name
566 and address of the owner, the name of the contractor, and the
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567 location or address of the property being improved which is
568 contained in the certified copy of the notice of commencement is
569 consistent with the information in the building permit
570 application.
571 3. The issuing authority shall provide the recording
572 information on the certified copy of the recorded notice of
573 commencement to any person upon request.
574 4. This subsection does not require the recording of a
575 notice of commencement before prior to the issuance of a
576 building permit. If a local government requires a separate
577 permit or inspection for installation of temporary electrical
578 service or other temporary utility service, land clearing, or
579 other preliminary site work, such permits may be issued and such
580 inspections may be conducted without providing the issuing
581 authority with a certified copy of the a recorded notice of
582 commencement or a notarized statement regarding a recorded
583 notice of commencement. This subsection does not apply to a
584 direct contract to repair or replace an existing heating or air-
585 conditioning system in an amount less than $7,500.
586 (f)(e) Not require that a notice of commencement be
587 recorded as a condition of the application for, or processing or
588 issuance of, a building permit. However, this paragraph does not
589 modify or waive the inspection requirements set forth in this
590 subsection.
591
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592 This subsection does not apply to a direct contract to repair or
593 replace an existing heating or air-conditioning system in an
594 amount less than $7,500.
595 (3) An issuing authority under subsection (1) is not
596 liable in any civil action for the failure to verify that a
597 certified copy of the recorded notice of commencement , a
598 notarized statement that the notice of commencement has been
599 filed for recording along with a copy thereof, or the clerk's
600 office official records identifying information that includes
601 the instrument number for the notice of commencement or the
602 number and page of book where the notice of commencement is
603 recorded, as identified by the clerk, has been filed in
604 accordance with this section.
605 Section 9. Section 713.18, Florida Statutes, is amended to
606 read:
607 713.18 Manner of serving documents notices and other
608 instruments.—
609 (1) Unless otherwise specifically provided by law, service
610 of any document notices, claims of lien, affidavits,
611 assignments, and other instruments permitted or required under
612 this part, s. 255.05, or s. 337.18, or copies thereof when so
613 permitted or required, unless otherwise specifically provided in
614 this part, must be made by one of the following methods:
615 (a) By hand actual delivery to the person to be served; if
616 a partnership, to one of the partners; if a corporation, to an
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617 officer, director, managing agent, or business agent; or, if a
618 limited liability company, to a member or manager.
619 (b) By common carrier delivery service or by registered,
620 Global Express Guaranteed, or certified mail to the person to be
621 served, with postage or shipping paid by the sender and with
622 evidence of delivery, which may be in an electronic format.
623 (c) By posting on the site of the improvement if service
624 as provided by paragraph (a) or paragraph (b) cannot be
625 accomplished.
626 (2) Notwithstanding subsection (1), service of a notice to
627 owner or a preliminary notice to contractor under this part, s.
628 255.05, or s. 337.18, or s. 713.23 is effective as of the date
629 of mailing and the requirements for service under this section
630 have been satisfied if all of the following requirements have
631 been met:
632 (a) The notice is mailed by registered, Global Exp ress
633 Guaranteed, or certified mail, with postage prepaid, to the
634 person to be served and addressed as prescribed at any of the
635 addresses set forth in subsection (3).;
636 (b) The notice is mailed within 40 days after the date the
637 lienor first furnishes labor, services, or materials.; and
638 (c)1. The person who served the notice maintains a
639 registered or certified mail log that shows the registered or
640 certified mail number issued by the United States Postal
641 Service, the name and address of the person served, a nd the date
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642 stamp of the United States Postal Service confirming the date of
643 mailing; or
644 2. The person who served the notice maintains electronic
645 tracking records approved or generated by the United States
646 Postal Service containing the postal tracking number, the name
647 and address of the person served, and verification of the date
648 of receipt by the United States Postal Service.
649 (3)(a) Notwithstanding subsection (1), service of a
650 document under an instrument pursuant to this section is
651 effective on the date of mailing or shipping, and the
652 requirements for service under this section have been satisfied,
653 the instrument if the document it:
654 1. Is sent to the last address shown in the notice of
655 commencement or any amendment thereto or, in the absence of a
656 notice of commencement, to the last address shown in the
657 building permit application, or to the last known address of the
658 person to be served.; and
659 2. Is returned as being "refused," "moved, not
660 forwardable," or "unclaimed," or is otherwise not delivered or
661 deliverable through no fault of the person serving the document
662 item.
663 (b) If the address shown in the notice of commencement or
664 any amendment thereto to the notice of commencement, or, in the
665 absence of a notice of commencement, in the building permit
666 application, is incomplete for purposes of mailing or delivery,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
667 the person serving the document item may complete the address
668 and properly format it according to United States P ostal Service
669 addressing standards using information obtained from the
670 property appraiser or another public record without affecting
671 the validity of service under this section.
672 (4) A document notice served by a lienor on one owner or
673 one partner of a partnership owning the real property is deemed
674 served on notice to all owners and partners.
675 Section 10. Section 713.21, Florida Statutes, is amended
676 to read:
677 713.21 Discharge of lien.—A lien properly perfected under
678 this chapter may be discharged, or released in whole or in part,
679 by any of the following methods:
680 (1) By entering satisfaction of the lien upon the margin
681 of the record thereof in the clerk's office when not otherwise
682 prohibited by law. This satisfaction shall be signed by the
683 lienor, the lienor's agent or attorney and attested by said
684 clerk. Any person who executes a claim of lien has shall have
685 authority to execute a satisfaction in the absence of actual
686 notice of lack of authority to any person relying on the same.
687 (2) By the satisfaction or release of the lienor, duly
688 acknowledged and recorded in the clerk's office. The
689 satisfaction or release must include the lienor's notarized
690 signature and set forth the official records' reference numbers
691 and recording date affixed by the recording office on the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
692 subject lien. Any person who executes a claim of lien has shall
693 have authority to execute a satisfaction or release in the
694 absence of actual notice of lack of authority to any person
695 relying on the same.
696 (3) By failure to begin an action to enforce the lien
697 within the time prescribed in this part.
698 (4) By an order of the circuit court of the county where
699 the property is located, as provided in this subsection. Upon
700 filing a complaint therefor by any interested party the clerk
701 shall issue a summons to the lienor to show cause within 20 days
702 why his or her lien should not be enforced by action or vacated
703 and canceled of record. Upon failure of the lienor to show cause
704 why his or her lien should not be enforced or the lienor's
705 failure to commence such action before the return date of the
706 summons the court shall forthwith order cancellation of the
707 lien.
708 (5) By recording in the clerk's office the original or a
709 certified copy of a judgment or decree of a court of competent
710 jurisdiction showing a final determination of the action.
711 Section 11. Subsection (2) of section 713.22, Florida
712 Statutes, is amended to read:
713 713.22 Duration of lien.—
714 (2) An owner or the owner's attorney may elect to shorten
715 the time prescribed in subsection (1) within which to commence
716 an action to enforce any claim of lien or claim against a bond
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
717 or other security under s. 713.23 or s. 713.24 by recording in
718 the clerk's office a notice in substantially the following form:
719 NOTICE OF CONTEST OF LIEN
720 To: ...(Name and address of lienor)...
721 You are notified that the undersigned contests the claim of lien
722 filed by you on ...., ...(year)..., and recorded in .... Book
723 ...., Page ...., of the public records of .... County, Florida,
724 and that the time within which you may file suit to enforce your
725 lien is limited to 60 days from the date of service of this
726 notice. This .... day of ...., ...(year)....
727 Signed: ...(Owner or Attorney)...
728 The lien of any lienor upon whom such notice is served and who
729 fails to institute a suit to enforce his or her lien within 60
730 days after service of such notice shall be extinguished
731 automatically. The clerk shall serve, in accordance with s.
732 713.18, a copy of the notice of contest to the lien claimant at
733 the address shown in the claim of lien or most recent amendment
734 thereto and shall certify to such service and the date of
735 service on the face of the notice and record the notice. After
736 the clerk records the notice with the certificate of service,
737 the clerk shall serve a copy of such notice to the lienor and to
738 the owner or the owner’s attorney, in accordance with s. 713.18.
739 Section 12. Paragraphs (d) and (e) of subsection (1) of
740 section 713.23, Florida Statutes, are amended to read:
741 713.23 Payment bond.—
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Amendment No. 1
742 (1)
743 (d) In addition, a lienor who has not received payment for
744 furnishing his or her labor, services, or materials must, as a
745 condition precedent to recovery under the bond, serve a written
746 notice of nonpayment on to the contractor and a copy of the
747 notice on the surety. The notice must be under oath and served
748 during the progress of the work or thereafter, but may not be
749 served later than 90 days after the final furnishing of labor,
750 services, or materials by the lienor, or, with respect to rental
751 equipment, later than 90 days after the date the rental
752 equipment was on the job site of the improvement and available
753 for use. A notice of nonpayment that includes sums for retainage
754 must specify the portion of the amount claimed for retainage.
755 The required notice satisfies this condition precedent with
756 respect to the payment described in the notice of nonpayment,
757 including unpaid finance charges due under the lienor's
758 contract, and with respect to any other payments which become
759 due to the lienor after the date of the notice of nonpayment.
760 The time period for serving a notice of nonpayment is shall be
761 measured from the last day of furnishing labor, services, or
762 materials by the lienor and may not be measured by other
763 standards, such as the issuance of a certificate of occupancy or
764 the issuance of a certificate of substantial completion. The
765 failure of a lienor to receive retainage sums not in excess of
766 10 percent of the value of labor, services, or materials
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
767 furnished by the lienor is not considered a nonpayment requiring
768 the service of the notice provided under this paragraph. If the
769 payment bond is not recorded before commencement of
770 construction, the time period for the lienor to serve a notice
771 of nonpayment may, at the option of the lienor, be calculated
772 from the date specified in this section or the date the lienor
773 is served a copy of the bond. However, the limitation period for
774 commencement of an action on the payment bond as established in
775 paragraph (e) may not be expanded. The negligent inclusion or
776 omission of any information in the notice of nonpayment that has
777 not prejudiced the contractor or surety does not constitute a
778 default that operates to defeat an otherwise valid bond claim. A
779 lienor who serves a fraudulent notice of nonpayment forfeits his
780 or her rights under the bond. A notice of nonpayment is
781 fraudulent if the lienor has willfully exaggerated the amount
782 unpaid, willfully included a claim for work not performed or
783 materials not furnished for the subject improvement, or prepared
784 the notice with such willful and gross negligence as to amount
785 to a willful exaggeration. However, a minor mistake or error in
786 a notice of nonpayment, or a good faith dispute as to the amount
787 unpaid, does not constitute a willful exaggeration that operates
788 to defeat an otherwise valid claim against the bond. The service
789 of a fraudulent notice of nonpayment is a complete defense to
790 the lienor's claim against the bond. The notice under this
791 paragraph must include the following information, current as of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
792 the date of the notice, and must be in substantially the
793 following form:
794
795 NOTICE OF NONPAYMENT
796
797 To ...(name of contractor and address)...
798
799 ...(name of surety and address)...
800
801 The undersigned lienor notifies you that:
802 1. The lienor has furnished ...(describe labor, services,
803 or materials)... for the improvement of the real property
804 identified as ...(property description).... The corresponding
805 amount unpaid to date is $...., of which $.... is unpaid
806 retainage.
807 2. The lienor has been paid to date the amount of $....
808 for previously furnishing ...(describe labor, services, or
809 materials)... for this improvement.
810 3. The lienor expects to furnish ...(describe labor,
811 services, or materials)... for this improvement in the future
812 (if known), and the corresponding amount expected to become due
813 is $.... (if known).
814
815 I declare that I have read the foregoing Notice of Nonpayment
816 and that the facts stated in it are true to the best of my
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
817 knowledge and belief.
818
819 DATED on ............, .........
820
821 ...(signature and address of lienor)...
822
823 STATE OF FLORIDA
824 COUNTY OF........
825
826 The foregoing instrument was sworn to (or affirmed) and
827 subscribed before me by means of ☐ physical presence or sworn to
828 (or affirmed) by ☐ online notarization, this .... day of ....,
829 ...(year)..., by ...(name of signatory)....
830 ...(Signature of Notary Public - State of Florida)...
831 ...(Print, Type, or Stamp Commissioned Name of Notary
832 Public)...
833
834 Personally Known ........ OR Produced Identification ........
835
836 Type of Identification Produced
837 (e) An action for the labor, or materials, or supplies may
838 not be instituted or prosecuted against the contractor or surety
839 unless both notices have been given, if required by this
840 section. An action may not be instituted or prosecuted against
841 the contractor or against the surety on the bond under this
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
842 section after 1 year from the performance of the labor or
843 completion of delivery of the materials and supplies. The time
844 period for bringing an action against the contractor or surety
845 on the bond is shall be measured from the last day of furnishing
846 labor, services, or materials by the lienor. The time period may
847 not be measured by other standards, such as the issuance of a
848 certificate of occupancy or the issuance of a certificate of
849 substantial completion. A contractor or the contractor's
850 attorney may elect to shorten the time within which an action to
851 enforce any claim against a payment bond provided under this
852 section or s. 713.245 must be commenced at any time after a
853 notice of nonpayment, if required, has been served for the claim
854 by recording in the clerk's office a notice in substantially the
855 following form:
856 NOTICE OF CONTEST OF CLAIM
857 AGAINST PAYMENT BOND
858 To: ...(Name and address of lienor)...
859 You are notified that the undersigned contests your notice
860 of nonpayment, dated ...., ...., and served on the undersigned
861 on ...., ...., and that the time within which you may file suit
862 to enforce your claim is limited to 60 days after from the date
863 of service of this notice.
864 DATED on ...., .....
865 Signed: ...(Contractor or Attorney)...
866 The claim of any lienor upon whom the notice is served and who
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
867 fails to institute a suit to enforce his or her claim against
868 the payment bond within 60 days after service of the notice
869 shall be extinguished automatically. The contractor or the
870 contractor's attorney shall serve a copy of the notice of
871 contest to the lienor at the address shown in the notice of
872 nonpayment or most recent amendment thereto and shall certify to
873 such service on the face of the notice and record the notice.
874 Section 13. Subsections (1) and (3) of section 713.24,
875 Florida Statutes, are amended to read:
876 713.24 Transfer of liens to security.—
877 (1) Any lien claimed under this part may be transferred,
878 by any person having an interest in the real property upon which
879 the lien is imposed or the contract under which the lien is
880 claimed, from such real property to other security by either:
881 (a) Depositing in the clerk's office a sum of money, or
882 (b) Filing in the clerk's office a bond executed as surety
883 by a surety insurer licensed to do business in this stat e,
884
885 either to be in an amount equal to the amount demanded in such
886 claim of lien, plus interest thereon at the legal rate for 3
887 years, plus $5,000 $1,000 or 25 percent of the amount demanded
888 in the claim of lien, whichever is greater, to apply on any
889 attorney attorney's fees and court costs that may be taxed in
890 any proceeding to enforce said lien. Such deposit or bond shall
891 be conditioned to pay any judgment or decree which may be
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
892 rendered for the satisfaction of the lien for which such claim
893 of lien was recorded. Upon making such deposit or filing such
894 bond, the clerk shall make and record a certificate which must
895 include a copy of the deposit or bond used to transfer, showing
896 the transfer of the lien from the real property to the security
897 and shall mail a copy thereof together with a copy of the
898 deposit or bond used to transfer by registered or certified mail
899 to the lienor named in the claim of lien so transferred, at the
900 address stated therein. Upon filing the certificate of transfer,
901 the real property shall thereupon be released from the lien
902 claimed, and such lien shall be transferred to said security. In
903 the absence of allegations of privity between the lienor and the
904 owner, and subject to any order of the court increasing the
905 amount required for the lien transfer deposit or bond, no other
906 judgment or decree to pay money may be entered by the court
907 against the owner. The clerk is shall be entitled to a service
908 charge for making and serving the certificate, in the amount of
909 up to $20, from which the clerk shall remit $5 to the Department
910 of Revenue for deposit into the General Revenue Fund. If the
911 transaction involves the transfer of multiple liens, an
912 additional charge of up to $10 for each additional lien shall be
913 charged, from which the clerk shall remit $2.50 to the
914 Department of Revenue for deposit into the General Revenue Fund.
915 For recording the certificate and approving the bond, the clerk
916 shall receive her or his usual statutory service charges as
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
917 prescribed in s. 28.24. Any number of liens may be tr ansferred
918 to one such security.
919 (3) Any party having an interest in such security or the
920 property from which the lien was transferred may at any time,
921 and any number of times, file a complaint in chancery in the
922 circuit court of the county where such security is deposited, or
923 file a motion in a pending action to enforce a lien, for an
924 order to require additional security, reduction of security,
925 change or substitution of sureties, payment of discharge
926 thereof, or any other matter affecting said security. I f the
927 court finds that the amount of the deposit or bond in excess of
928 the amount claimed in the claim of lien is insufficient to pay
929 the lienor's attorney attorney's fees and court costs incurred
930 in the action to enforce the lien, the court must increase t he
931 amount of the cash deposit or lien transfer bond. Nothing in
932 this section shall be construed to vest exclusive jurisdiction
933 in the circuit courts over transfer bond claims for nonpayment
934 of an amount within the monetary jurisdiction of the county
935 courts.
936 Section 14. Section 713.25, Florida Statutes, is repealed.
937 Section 15. Section 713.29, Florida Statutes, is amended
938 to read:
939 713.29 Attorney Attorney's fees.—In any action brought to
940 enforce a lien, including a lien that has been transferred to
941 security, or to enforce a claim against a bond under this part,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
942 the prevailing party is entitled to recover a reasonable fee for
943 the services of her or his attorney for trial and appeal or for
944 arbitration, in an amount to be determined by the court, which
945 fee must be taxed as part of the prevailing party's costs, as
946 allowed in equitable actions.
947 Section 16. Paragraph (b) of subsection (2) and paragraph
948 (e) of subsection (5) of section 95.11, Florida Statutes, are
949 amended to read:
950 95.11 Limitations other than for the recovery of real
951 property.—Actions other than for recovery of real property shall
952 be commenced as follows:
953 (2) WITHIN FIVE YEARS.—
954 (b) A legal or equitable action on a contract, obligation,
955 or liability founded on a written instrument, excep t for an
956 action to enforce a claim against a payment bond, which shall be
957 governed by the applicable provisions of paragraph (5)(e), s.
958 255.05(9) s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and
959 except for an action for a deficiency judgment governed by
960 paragraph (5)(h).
961 (5) WITHIN ONE YEAR.—
962 (e) Except for actions governed by s. 255.05(9) s.
963 255.05(10), s. 337.18(1), or s. 713.23(1)(e), an action to
964 enforce any claim against a payment bond on which the principal
965 is a contractor, subcontractor, or sub-subcontractor as defined
966 in s. 713.01, for private work as well as public work, from the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
967 last furnishing of labor, services, or materials or from the
968 last furnishing of labor, services, or materials by the
969 contractor if the contractor is the principal on a bond on the
970 same construction project, whichever is later.
971 Section 17. This act shall take effect July 1, 2022.
972
973 -----------------------------------------------------
974 T I T L E A M E N D M E N T
975 Remove everything before the enacting clause and insert:
976 An act relating to liens and bonds; amending s.
977 255.05, F.S.; revising when a notice of contest of
978 claim against a payment bond must be served; requiring
979 that a copy of a notice of nonpayment be served on the
980 surety; revising the process for notarizing a notice
981 of nonpayment; removing the authority for a contractor
982 to file certain alternative forms of security rather
983 than a bond; requiring service of documents to be made
984 in a specified manner; conforming provisions to
985 changes made by the act; making technical changes;
986 amending s. 337.18, F.S.; requiring service of
987 documents to be made in a specified manner; conforming
988 provisions to changes made by the act; amending s.
989 713.01, F.S.; revising and providing definitions;
990 creating s. 713.011, F.S.; providing for the
991 computation of time for recording a document or filing
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
992 an action when certain time periods fall on specified
993 days or during a declared state of emergency;
994 specifying when a clerk’s office is considered open;
995 amending s. 713.10, F.S.; revising the extent of
996 certain liens; amending s. 713.13, F.S.; conforming a
997 cross-reference; revising the process for notarizing a
998 notice of commencement; amending s. 713.132, F.S.;
999 revising requirements for a notice of termination;
1000 revising when an owner may record a notice of
1001 termination; specifying when a notice of termination
1002 terminates the notice of commencement; amending s.
1003 713.135, F.S.; providing a definition; providing
1004 applicability; making technical changes; providing
1005 that an issuing authority is not liable for failing to
1006 verify that specified information has been filed;
1007 amending s. 713.18, F.S.; requiring service of
1008 documents relating to construction bonds to be made in
1009 a specified manner; making technical changes; amending
1010 s. 713.21, F.S.; authorizing the full or partial
1011 release of a lien under specified conditions; amending
1012 s. 713.22, F.S.; revising the information required in
1013 the notice of contest of lien; amending s. 713.23,
1014 F.S.; requiring that a copy of a notice of nonpayment
1015 be served on the surety; revising the process for
1016 notarizing a notice of nonpayment under a payment
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 345 (2022)
Amendment No. 1
1017 bond; amending s. 713.24, F.S.; revising the amount
1018 required in addition to the deposit or bond that
1019 applies toward attorney fees and costs; requiring the
1020 clerk to make a copy of the deposit or bond used to
1021 transfer a lien to other security and mail it to the
1022 lienor; repealing s. 713.25, F.S., relating to
1023 applicability of ch. 65-456; amending s. 713.29, F.S.;
1024 authorizing attorney fees in actions to enforce a lien
1025 that has been transferred to security; amending s.
1026 95.11, F.S.; conforming a cross-reference; providing
1027 an effective date.
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HB 715
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 715 Seating Requirements for Special Food Service Establishment Licenses
SPONSOR(S): Tomkow and others
TIED BILLS: IDEN./SIM. BILLS: SB 924
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee Wright Anstead
2) 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.
Florida law limits, by county, the number of alcoholic beverage licenses that may be issued for the sale of
distilled spirits, to one license per 7,500 residents within the county. These limited alcoholic beverage licenses
are known as “quota” licenses.
A “special license” is an exception to the quota licensing scheme, which allows certain entities to serve liquor
without a quota license. One such special license is a “special food service license” (SFS license), which
applies to a food service establishment that has 2,500 square feet, is equipped to serve 150 persons at one
time, and derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages.
The bill reduces the minimum service capacity to qualify for an SFS license to 100 persons, from 150 persons.
The bill will have no fiscal impact on local governments and an indeterminate fiscal impact on state
government.
The bill is effective upon becoming law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0715.RRS
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Regulation of Alcoholic Beverages
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
Special Food Service License
Florida law limits, by county, the number of alcoholic beverage licenses that may be issued for the sale
of distilled spirits, to one license per 7,500 residents within the county. These limited alcoholic beverage
licenses are known as “quota” licenses. The quota license is the only alcoholic beverage license that is
limited in number; all other types of alcoholic beverage licenses are available without limitation, if
certain conditions are met.4
A “special license” is an exception to the quota licensing scheme, which allows certain entities to serve
liquor without a quota license. One such special license is a “special food service license” (SFS
license), which applies to a food service establishment that has 2,500 square feet, is equipped to serve
150 persons at one time, and derives at least 51 percent of its gross food and beverage revenue from
the sale of food and nonalcoholic beverages.5
SFS licensees must be audited by the division for compliance with the food and nonalcoholic beverage
sales percentage requirements during the first 120-day operating period, and every one to four years
thereafter, depending on beverage revenue. Failure by an SFS licensee to satisfy the requirements as
to the percentages of food and nonalcoholic beverage sales results in revocation of the SFS license. An
SFS licensee whose license is revoked is ineligible to have an interest in a subsequent application for a
license for 120 days after the revocation.6
SFS licensees may sell or deliver alcoholic beverages in a sealed container for off-premises
consumption, including liquor-based beverages prepared by the licensee and packaged in a container
sealed by the licensee. Such licensees may not sell a bottle of distilled spirits sealed by a
manufacturer. The sale or delivery of such beverages must be accompanied by the sale of food.7
Effect of the Bill
The bill reduces the minimum service capacity to qualify for an SFS license to 100 persons, from 150
persons.
B. SECTION DIRECTORY:
Section 1: Amends s. 561.20, F.S., revising requirements for a special restaurant license.
Section 2: Provides an effective date.
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. 561.20(1), F.S.
5 S. 561.20(2)(a)4., F.S.
6 Id.
7 Id.
STORAGE NAME: h0715.RRS PAGE: 2
DATE: 2/1/2022
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may allow more restaurants to obtain an SFS license, which would increase fees to the
state.
2. Expenditures:
The bill may allow more restaurants to obtain an SFS license, which would require more regulatory
actions, such as inspections and audits, by DBPR.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more restaurants to obtain an SFS license, which may make it less expensive to own
and operate a restaurant that sells alcoholic beverages and could lead to more restaurants opening. It
could also increase beverage service options for consumers.
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:
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h0715.RRS PAGE: 3
DATE: 2/1/2022
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 715 2022
1 A bill to be entitled
2 An act relating to seating requirements for special
3 food service establishment licenses; amending s.
4 561.20, F.S.; revising the requirements for receiving
5 a special food service establishment license;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (a) of subsection (2) of section
11 561.20, Florida Statutes, is amended to read:
12 561.20 Limitation upon number of licenses issued.—
13 (2)(a) The limitation of the number of licenses as
14 provided in this section does not prohibit the issuance of a
15 special license to:
16 1. Any bona fide hotel, motel, or motor court of not fewer
17 than 80 guest rooms in any county having a population of less
18 than 50,000 residents, and of not fewer than 100 guest rooms in
19 any county having a population of 50,000 residents or greater;
20 or any bona fide hotel or motel located in a historic structure ,
21 as defined in s. 561.01(20), with fewer than 100 guest rooms
22 which derives at least 51 percent of its gross revenue from the
23 rental of hotel or motel rooms, which is licensed as a public
24 lodging establishment by the Division of Hotels and Restaurants;
25 provided, however, that a bona fide hotel or motel with no fewer
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26 than 10 and no more than 25 guest rooms which is a historic
27 structure, as defined in s. 561.01(20), in a municipality that
28 on the effective date of this act has a population, according to
29 the University of Florida's Bureau of Economic and Business
30 Research Estimates of Population for 1998, of no fewer than
31 25,000 and no more than 35,000 residents and that is within a
32 constitutionally chartered county may be issued a special
33 license. This special license shall allow the sale and
34 consumption of alcoholic beverages only on the licensed premises
35 of the hotel or motel. In addition, the hotel or motel must
36 derive at least 60 percent of its gross revenue from the rental
37 of hotel or motel rooms and the sale of food and nonalcoholi c
38 beverages; provided that this subparagraph shall supersede local
39 laws requiring a greater number of hotel rooms;
40 2. Any condominium accommodation of which no fewer than
41 100 condominium units are wholly rentable to transients and
42 which is licensed under chapter 509, except that the license
43 shall be issued only to the person or corporation that operates
44 the hotel or motel operation and not to the association of
45 condominium owners;
46 3. Any condominium accommodation of which no fewer than 50
47 condominium units are wholly rentable to transients, which is
48 licensed under chapter 509, and which is located in any county
49 having home rule under s. 10 or s. 11, Art. VIII of the State
50 Constitution of 1885, as amended, and incorporated by reference
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51 in s. 6(e), Art. VIII of the State Constitution, except that the
52 license shall be issued only to the person or corporation that
53 operates the hotel or motel operation and not to the association
54 of condominium owners;
55 4. A food service establishment that has 2,500 square fee t
56 of service area, is equipped to serve meals to 100 150 persons
57 at one time, and derives at least 51 percent of its gross food
58 and beverage revenue from the sale of food and nonalcoholic
59 beverages during the first 120-day operating period and the
60 first 12-month operating period thereafter. Subsequent audit
61 timeframes must be based upon the audit percentage established
62 by the most recent audit and conducted on a staggered scale as
63 follows: level 1, 51 percent to 60 percent, every year; level 2,
64 61 percent to 75 percent, every 2 years; level 3, 76 percent to
65 90 percent, every 3 years; and level 4, 91 percent to 100
66 percent, every 4 years. A licensee under this subparagraph may
67 sell or deliver alcoholic beverages in a sealed container for
68 off-premises consumption if the sale or delivery is accompanied
69 by the sale of food within the same order. Such authorized sale
70 or delivery includes wine-based and liquor-based beverages
71 prepared by the licensee or its employee and packaged in a
72 container sealed by the licensee or its employee. This
73 subparagraph may not be construed to authorize public food
74 service establishments licensed under this subparagraph to sell
75 a bottle of distilled spirits sealed by a manufacturer. Any sale
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76 or delivery of malt beverages must comply with the container
77 size, labeling, and filling requirements imposed under s.
78 563.06. Any delivery of an alcoholic beverage under this
79 subparagraph must comply with s. 561.57. An alcoholic beverage
80 drink prepared by the vendor and sold or delivered for
81 consumption off the premises must be placed in a container
82 securely sealed by the licensee or its employees with an
83 unbroken seal that prevents the beverage from being immediately
84 consumed before removal from the premises. Such alcoholic
85 beverage also must be placed in a bag or other container that is
86 secured in such a manner that it is visibly apparent if the
87 container has been subsequently opened or tampered with, and a
88 dated receipt for the alcoholic beverage and food must be
89 provided by the licensee and attached to the bag or container.
90 If transported in a motor vehicle, an alcoholic beverage that is
91 not in a container sealed by the manufacturer must be placed in
92 a locked compartment, a locked trunk, or the area behind the
93 last upright seat of a motor vehicle. It is a violation of the
94 prohibition in s. 562.11 to allow any person under the age of 21
95 to deliver alcoholic beverages on behalf of a vendor. The vendor
96 or the agent or employee of the vendor must verify the age of
97 the person making the delivery of the alcoholic beverage before
98 allowing any person to take possession of an alcoholic beverage
99 for the purpose of making a delivery on behalf of a vendor under
100 this section. A food service establishment granted a special
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101 license on or after January 1, 1958, pursuant to general or
102 special law may not operate as a package store and may not sell
103 intoxicating beverages under such license after the hours of
104 serving or consumption of food have elapsed. Failure by a
105 licensee to meet the required percentage of food and
106 nonalcoholic beverage gross revenues during the covered
107 operating period shall result in revocation of the license or
108 denial of the pending license application. A licensee whose
109 license is revoked or an applicant whose pending application is
110 denied, or any person required to qualify on the special license
111 application, is ineligible to have any interest in a subsequent
112 application for such a license for a period of 120 days after
113 the date of the final denial or revocation;
114 5. Any caterer, deriving at least 51 percent of its gross
115 food and beverage revenue from the sale of food and nonalcoholic
116 beverages at each catered event, licensed by the Division of
117 Hotels and Restaurants under chapter 509. This subparagraph does
118 not apply to a culinary education program, as defined in s.
119 381.0072(2), which is licensed as a public food service
120 establishment by the Division of Hotels and Restaurants and
121 provides catering services. Notwithstanding any law to the
122 contrary, a licensee under this subparagraph shall sell or se rve
123 alcoholic beverages only for consumption on the premises of a
124 catered event at which the licensee is also providing prepared
125 food, and shall prominently display its license at any catered
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126 event at which the caterer is selling or serving alcoholic
127 beverages. A licensee under this subparagraph shall purchase all
128 alcoholic beverages it sells or serves at a catered event from a
129 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
130 under s. 565.02(1) subject to the limitation imposed in
131 subsection (1), as appropriate. A licensee under this
132 subparagraph may not store any alcoholic beverages to be sold or
133 served at a catered event. Any alcoholic beverages purchased by
134 a licensee under this subparagraph for a catered event that are
135 not used at that event must remain with the customer; provided
136 that if the vendor accepts unopened alcoholic beverages, the
137 licensee may return such alcoholic beverages to the vendor for a
138 credit or reimbursement. Regardless of the county or counties in
139 which the licensee operates, a licensee under this subparagraph
140 shall pay the annual state license tax set forth in s.
141 565.02(1)(b). A licensee under this subparagraph must maintain
142 for a period of 3 years all records and receipts for each
143 catered event, including all contracts, customers' names, event
144 locations, event dates, food purchases and sales, alcoholic
145 beverage purchases and sales, nonalcoholic beverage purchases
146 and sales, and any other records required by the department by
147 rule to demonstrate compliance with the requirements of this
148 subparagraph. Notwithstanding any law to the contrary, any
149 vendor licensed under s. 565.02(1) subject to the limitation
150 imposed in subsection (1), may, without any additional licensure
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151 under this subparagraph, serve or sell alcoholic beverages for
152 consumption on the premises of a catered event at which prepared
153 food is provided by a caterer licensed under chapter 509. If a
154 licensee under this subparagraph also possesses any other
155 license under the Beverage Law, the license issued under this
156 subparagraph may not authorize the holder to conduct activities
157 on the premises to which the other license or licenses apply
158 that would otherwise be prohibited by the terms of that license
159 or the Beverage Law. This section does not permit the licensee
160 to conduct activities that are otherwise prohibited by the
161 Beverage Law or local law. The Division of Alcoholic Beverages
162 and Tobacco is hereby authorized to adopt rules to administer
163 the license created in this subparagraph, to include rules
164 governing licensure, recordkeeping, and enforcement. The first
165 $300,000 in fees collected by the division each fiscal year
166 pursuant to this subparagraph shall be deposited in the
167 Department of Children and Families' Operations and Maintenance
168 Trust Fund to be used only for alcohol and drug abuse education,
169 treatment, and prevention programs. The remainder of the fees
170 collected shall be deposited into the Hotel and Restaurant Trust
171 Fund created pursuant to s. 509.072; or
172 6. A culinary education program as defined in s.
173 381.0072(2) which is licensed as a public food service
174 establishment by the Division of Hotels and Restaurants.
175 a. This special license shall allow the sale and
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176 consumption of alcoholic beverages on the licensed premises of
177 the culinary education program. The culinary education program
178 shall specify designated areas in the facility where the
179 alcoholic beverages may be consumed at the time of application.
180 Alcoholic beverages sold for consumption on the premises may be
181 consumed only in areas designated under s. 561.01(11) and may
182 not be removed from the designated area. Such license shall be
183 applicable only in and for designated areas used by the culinary
184 education program.
185 b. If the culinary education program provides catering
186 services, this special license shall also allow the sale and
187 consumption of alcoholic beverages on the premises of a catered
188 event at which the licensee is also providing prepared food. A
189 culinary education program that provides catering services is
190 not required to derive at least 51 percent of its gross revenue
191 from the sale of food and nonalcoholic beverages.
192 Notwithstanding any law to the contrary, a licensee that
193 provides catering services under this sub-subparagraph shall
194 prominently display its beverage license at any catered event a t
195 which the caterer is selling or serving alcoholic beverages.
196 Regardless of the county or counties in which the licensee
197 operates, a licensee under this sub-subparagraph shall pay the
198 annual state license tax set forth in s. 565.02(1)(b). A
199 licensee under this sub-subparagraph must maintain for a period
200 of 3 years all records required by the department by rule to
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201 demonstrate compliance with the requirements of this sub -
202 subparagraph.
203 c. If a licensee under this subparagraph also possesses
204 any other license under the Beverage Law, the license issued
205 under this subparagraph does not authorize the holder to conduct
206 activities on the premises to which the other license or
207 licenses apply that would otherwise be prohibited by the terms
208 of that license or the Beverage Law. This subparagraph does not
209 permit the licensee to conduct activities that are otherwise
210 prohibited by the Beverage Law or local law. Any culinary
211 education program that holds a license to sell alcoholic
212 beverages shall comply with the age requirements set forth in
213 ss. 562.11(4), 562.111(2), and 562.13.
214 d. The Division of Alcoholic Beverages and Tobacco may
215 adopt rules to administer the license created in this
216 subparagraph, to include rules governing licensure,
217 recordkeeping, and enforcement.
218 e. A license issued pursuant to this subparagraph does not
219 permit the licensee to sell alcoholic beverages by the package
220 for off-premises consumption.
221
222 However, any license heretofore issued to any such hotel, motel,
223 motor court, or restaurant or hereafter issued to any such
224 hotel, motel, or motor court, including a condominium
225 accommodation, under the general law may not be moved to a new
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226 location, such license being valid only on the premises of such
227 hotel, motel, motor court, or restaurant. Licenses is sued to
228 hotels, motels, motor courts, or restaurants under the general
229 law and held by such hotels, motels, motor courts, or
230 restaurants on May 24, 1947, shall be counted in the quota
231 limitation contained in subsection (1). Any license issued for
232 any hotel, motel, or motor court under this law shall be issued
233 only to the owner of the hotel, motel, or motor court or, in the
234 event the hotel, motel, or motor court is leased, to the lessee
235 of the hotel, motel, or motor court; and the license shall
236 remain in the name of the owner or lessee so long as the license
237 is in existence. Any special license now in existence heretofore
238 issued under this law cannot be renewed except in the name of
239 the owner of the hotel, motel, motor court, or restaurant or, in
240 the event the hotel, motel, motor court, or restaurant is
241 leased, in the name of the lessee of the hotel, motel, motor
242 court, or restaurant in which the license is located and must
243 remain in the name of the owner or lessee so long as the license
244 is in existence. Any license issued under this section shall be
245 marked "Special," and nothing herein provided shall limit,
246 restrict, or prevent the issuance of a special license for any
247 restaurant or motel which shall hereafter meet the requirements
248 of the law existing immediately before the effective date of
249 this act, if construction of such restaurant has commenced
250 before the effective date of this act and is completed within 30
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251 days thereafter, or if an application is on file for such
252 special license at the time this act takes effect; and any such
253 licenses issued under this proviso may be annually renewed as
254 now provided by law. Nothing herein prevents an application for
255 transfer of a license to a bona fide purchaser of any hotel,
256 motel, motor court, or restaurant by the purchaser of such
257 facility or the transfer of such license pursuant to law.
258 Section 2. This act shall take effect upon becoming a law.
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REGULATORY REFORM SUBCOMMITTEE
HB 715 by Rep. Tomkow
Seating Requirements for Special Food Service Establishment Licenses
AMENDMENT SUMMARY
February 3, 2022
Amendment 1 by Rep. Tomkow (line 258):
• Moves the effective date of the bill to May 1, 2022.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 715 (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 Tomkow offered the following:
4
5 Amendment
6 Remove line 258 and insert:
7 Section 2. This act shall take effect May 1, 2022.
159049 - h0715-line 258.docx
Published On: 2/2/2022 10:05:23 AM
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HB 719
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 719 Swim-up Bars
SPONSOR(S): Smith, D.
TIED BILLS: IDEN./SIM. BILLS: SB 1044
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee Brackett Anstead
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Department of Health (DOH) is responsible for the oversight and regulation of water quality and safety of
public swimming pools in Florida. In order to operate or continue to operate a public swimming pool, it must
have a valid operating permit from DOH. Currently, DOH prohibits food, beverages, and glass containers
from being in a public swimming pool.
Public swimming pools include those pools located at public lodging establishments and theme parks.
The Florida Building Commission (Commission), located within the Department of Business and Professional
Regulation, implements and adopts the Florida Building Code. The Florida Building Code is the statewide
building code for all construction, including swimming pools in the state. Every local government must
enforce the Florida Building Code and issue building permits. A local government may not issue a certificate of
completion for a public swimming pool until DOH has issued an operating permit for the pool.
A swim-up bar is a version of a traditional bar that is located in a swimming pool. Swim-up bars do not require
a person to leave a pool in order to get a beverage. Typically, swim-up bars have submerged barstools in the
swimming pool and relatively shallow waters so patrons can sit or stand in the pool while they consume
beverages.
Swim-up bars are allowed in private residences. However, swim-up bars are not allowed in public pools
because food and beverages are not allowed in public swimming pools.
The bill provides that before January 1, 2023, the Commission must adopt within the Florida Building Code
requirements and procedures for the approval of swim-up bars at commercial and public swimming pool
locations. The Commission must work with swimming pool industry representatives to develop such
requirements and procedures to “position this state as a national leader on design specifications, safety,
operation, and public health relating to swim-up bars.”
The bill does not appear to have a fiscal impact on local governments. The bill may have a fiscal impact on
state government.
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 .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Public Swimming Pools
A public swimming pool means a watertight structure of concrete, masonry, or other approved materials
which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a
filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in
connection therewith.1
A public swimming pool includes “a conventional pool, spa-type pool, wading pool, special purpose
pool, or water recreation attraction, to which admission may be gained with or without payment of a fee
and includes, but is not limited to, pools operated by or serving camps, churches, cities, counties, day
care centers, group home facilities for eight or more clients, health spas, institutions, parks, state
agencies, schools, subdivisions, or the cooperative living-type projects of five or more living units, such
as apartments, boardinghouses, hotels, mobile home parks, motels, recreational vehicle parks, and
townhouses.”2
Swimming pools in private residences that have less than five living units are not public swimming
pools and are not subject to regulation by DOH.3
DOH is responsible for the oversight and regulation of water quality and safety of public swimming
pools in Florida. In order to operate or continue operating a public swimming pool, an owner must have
a valid operating permit from DOH.4
If DOH determines that the public swimming pool is, or may reasonably be expected to be, operated in
compliance with state laws and rules, DOH will issue a permit. However, if it is determined that the pool
is not in compliance with state laws and rules, the application for a permit will be denied. 5 DOH is
authorized to establish a schedule of fees for plan approval and permitting. 6 Operating permits must be
renewed annually and may be transferred from one name or owner to another. 7
DOH may grant variances from any rule relating to the sanitation and safety standards for public
swimming pools. DOH may also grant variances from the provisions of the Florida Building Code
specifically pertaining to public swimming pools when requested by the pool owner or the pool owner’s
representative to relieve hardship. In order to receive a variance from the provisions of the Florida
Building Code, it must be shown that the hardship was not caused intentionally by the action of the
applicant, no reasonable alternative exists, and the health and safety of the pool patrons is not at risk. 8
DOH may suspend or revoke an operating permit, or impose an administrative fine of up to $500
on any person or public body that fails to comply with the rules and regulations for public swimming
pools. Each day that a violation continues may constitute as a separate violation.9
1 S. 514.011(2), F.S.
2 Id.
3 S. 514.011(3), F.S.
4 S. 514.031(1), F.S.
5 Id.
6 S. 514.033, F.S.
7 Ss. 514.031(2) - (4), F.S.
8 S. 514.0115(9), F.S.
9 S. 514.05, F.S.
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DOH may also impose an administrative fine for any violations of the laws relating to the removal of
sanitary nuisances such as garbage or human waste.10
Safety and Sanitation Features
All public pools must be equipped with the following safety features: 11
Safety drain outlet cover(s)/grate(s) and allowable secondary anti-entrapment devices;12
A shepherd’s hook securely attached to a one piece pole not less than 16 feet in length. Pools
over 50 feet in length shall have a shepherd’s hook on each of the longer sides of the pool;
At least one 18 inch diameter lifesaving ring with sufficient rope attached to reach all parts of the
pool from the pool deck. Pools over 50 feet in length shall have a lifesaving ring on each of the
longer sides of the pool;
Safety equipment shall be mounted in a conspicuous place and be readily available for use; and
Lighting if the pool is used during nighttime.
Spa pools under 200 square feet of surface area, and interactive water features or wading pools with
two feet or less of water depth are exempt from the requirement to have shepherd’s hook and lifesaving
ring requirement.13
If a human fecal accident occurs in a public swimming pool, the pool operator or owner must comply
with all recommendations found in the Centers for Disease Control and Prevention’s (CDC) “Fecal
accident response recommendations for Aquatics Staff.14 A pool operator or owner may also use an
alternative emergency disinfection method developed by industry, by the application of new disinfection
technology, or by the use of chemical disinfectants that are effective, safe and appropriate for public
bathing facilities, and are approved by the CDC.15
The CDC recommends that if a person vomits more than just pool water, such as previously eaten
food, aquatic staff should respond immediately to clean it up and may use the “Fecal accident response
recommendations for Aquatics Staff” to disinfect potentially infectious vomit.16
Common Recreational Water Illnesses
According to the CDC, recreational water illnesses are diseases that people can get from swimming
and playing in bodies of water, including swimming pools, hot tubs/spas, water playgrounds, or oceans,
lakes, and rivers, if the water is contaminated with germs.17
A person can get recreational water illnesses if they swallow, have contact with, or breathe in mists or
aerosols from water contaminated with germs. A person can also get them by having contact with
chemicals that are in the water or that evaporate from the water and turn into gas in the air.18
Diarrhea is the most common recreational water illness. People who are already sick with diarrhea can
spread it to others when they get in recreational water. People typically have about 0.14 grams of poop
(similar to a few grains of sand) on their bodies at any given time. When a person who is sick with
10 Id.
11 R. 64E-9.008(3) and (7), F.A.C.
12 Federal law requirespublic pools and spas to have a drain cover and a secondary anti -entrapment device in order to
avoid suction entrapment. 15 U.S.C. § 106.
13 R. 64E-9.008(2), F.A.C.
14 Dated February 15, 2008.
15 R. 64E-9.004(11), F.A.C.
16 Centers for Disease Control and Prevention, Vomit and Blood in the Pool,
https://www.cdc.gov/healthywater/swimming/aquatics-professionals/ vomit-blood-c ontamination.html (last visited Jan. 28,
2022).
17 Centers for Disease Control and Prevention, Recreational Water Illnesses,
https://www.cdc.gov/healthywater/swimming/swimmers/rwi. html (last visited Jan. 29, 2022).
18 Id.
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diarrhea gets in the water, that tiny amount of poop on their body can wash into the water around them
and contaminate it with germs. If someone else swallows the contaminated water, they can become
infected.19
Other recreational water illnesses—such as skin, ear, respiratory, eye, and other infections—can be
caused by germs that naturally live in the water and soil. If the chemicals used to kill germs (chlorine or
bromine) in pools, hot tubs, and water playgrounds are not kept at the right level, these germs can
multiply and make swimmers sick.20
The most common symptoms caused by recreational water illnesses are diarrhea, skin rashes, ear
pain, cough or congestion, and eye pain. From 2000 to 2014, almost 500 recreational water illness
outbreaks were reported to CDC. The most commonly reported illnesses were:21
Acute gastrointestinal illness (such as diarrhea or vomiting).
Skin illnesses (such as rash).
Acute respiratory illness (such as cough or congestion).
Children, pregnant women, and people who have health problems or take medicines that lower their
body’s ability to fight germs and sickness—such as people whose immune systems are weakened
because of cancer, an organ transplant, or HIV—are most at risk for recreational water illnesses.22
Disinfecting pools with chlorine or bromine and pH is the first defense against the germs that cause
recreational water illnesses in pools, hot tubs/spas, and water playgrounds. At the recommended
levels, chlorine or bromine can kill most germs in the water within minutes.23
However, one CDC study found that more than 10% of routine inspections of public pools, hot
tubs/spas, and water playgrounds (for example, at hotels/motels and waterparks) led to immediate
closure because of serious violations, such as improper chlorine or bromine levels.24
Lifeguards
A “lifeguard” is a person responsible for the safety of the users of a public swimming pool. Lifeguards
are not required at a public pool unless the pool has a water slide plunge pool or the pool is a water
activity pool with climbable structures.25
However, anyone working as a lifeguard at a public swimming pool must be certified in lifeguarding, first
aid, and cardiopulmonary resuscitation by the American Red Cross, the Y.M.C.A., or other nationally
recognized aquatic training programs.26
Food and Beverages
Food, beverages, glass containers, and animals are prohibited from being in a public swimming pool.
Individuals with a disability and service animal trainers may be accompanied by a service animal, but
the service animal is not allowed to enter the pool water or onto the drained area of an interactive water
feature in order to prevent a direct threat to the health of pool patrons.27
19 Id.
20 Id.
21 Id.
22 Id.
23 Id.
24 Id.
25 S. 514.071, F.S.; R. 64E-9.008, F.A.C.
26 Id.
27 R. 64E-9.004(4), F.A.C.
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The Florida Building Code and Florida Building Commission
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.28
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study commission’s
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002. 29 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.30
Part IV of ch. 553, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of
the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and enforcement
of a single, unified state building code. The Building Code must be applied, administered, and enforced
uniformly and consistently from jurisdiction to jurisdiction. 31
The main purpose of the Building Code is to regulate new construction or proposed modifications to
existing structures in order to give the occupants the highest level of safety and the least amount of
defects.32
The Florida Building Commission
The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. 33
The Commission reviews several International Codes published by the International Code Council, the
National Electric Code, and other nationally adopted model codes to determine if the Building Code
needs to be updated and adopts an updated Building Code every three years. 34
The Commission has 11 Technical Advisory Committees (TAC) ranging from the building structural
TAC to the swimming pool TAC.35 TACs are made up of commission members and other parties who
advise the commission on declaratory statements, proposed amendments, and any other areas of
interest of the commission.36
28 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/ fbc/publications/2006_Legislature_Rpt _rev2.pdf (last visited Jan. 28, 2022).
29 Id.; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Jan. 28, 2022).
30 Id.
31 See S. 553.72(1), F.S.
32 Florida Building Commission, Advanced Florida Building Code Principals,
http://www.floridabuilding.org/ Upload/ Courses_trp/421-2-MA TE RIA L-Adv%20FL% 20Bldg%20Code% 20-
%20Course%20PDF%20version%207.0.pdf (last visited Jan. 28, 2022).
33 Ss. 553.73, and 553.74, F.S.
34 Id.
35 Department of Business and Professional regulation, Florida Building Code Online,
https://www.floridabuilding.org/c/c_commission.aspx (last visited Jan. 28, 2022).
36 S. 553.73(3), F.S.; Rule 61G20-2.001, F.A.C.
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DATE: 2/1/2022
Local Enforcement of the Florida Building Code
The Legislature has provided local governments with the power to inspect all buildings, structures, and
facilities within their jurisdiction to protect the public’s health, safety, and welfare.37
Every local government must enforce the Building Code and issue building permits. 38 It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building or
structure, including swimming pools, without first obtaining a permit from the local government
enforcing agency or from such persons as may, by resolution or regulation, be directed to issue such
permit, upon the payment of reasonable fees as set forth in a schedule of fees adopted by the
enforcing agency.39
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity.40 A building official is a local government employee or a person
contracted by a local government who supervises Building Code activities, including plan review,
enforcement, and inspection to ensure work complies with the Building Code.41
A local government may not issue a building permit for a public swimming pool without proof that an
operating permit from DOH has been applied for. A local government may not issue a certificate of
completion or occupancy for a public swimming pool until DOH has issued an operating permit for the
pool.42
Swim-up Bars
A swim-up bar is a version of a traditional bar that is located in a swimming pool. Swim-up bars do not
require a person to leave a pool in order to get a beverage. Typically, swim-up bars have sub-merged
barstools in the swimming pool and relatively shallow waters so patrons can sit or stand in the pool.43
Swim-up bars began in Las Vegas in the 1950s when swimming pools at hotels became popular.
Hotels and casinos wanted to give patrons who preferred to spend their stay in the pool, the opportunity
to play casino games and drink. Since then swim-up bars have been built in vacation spots throughout
the world as well as in private residences.44
Currently, there is at least one swim up bar in Florida, which is located at the Island Resort at Fort
Walton Beach, which was built in 1966.45 However, swim-up bars are currently not allowed in public
swimming pools without a variance from DOH because food and beverages are prohibited from being
in public swimming pools.
Swim-up bars are allowed in private residences and, according to DBPR, the Building Code’s
construction standards are sufficient to construct swim-up bars in pools.46 However, the Building Code
prohibits food and beverages from being in a public swimming pool or on a pool deck near a public
swimming pool.47
37 S. 553.72, F.S.
38 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
39 See Ss. 125.56(4)(a) and 553.79(1), F.S.
40 S. 202 of the Building Code (Building), Seventh Edition.
41 S. 468.603(2), F.S.
42 S. 553.79(13), F.S.
43 Kylie Morrow, Sandals Best Swim Up Bars & How It All Started, Sandals Blog (Jun. 25, 2019)
https://www.sandals.com/blog/story-behind-the-swim-up-bar/ (last visited Jan. 28, 2022).
44 Id.; Sarah Hutchinson, Swim-up Bar Ideas, https://www.landscapingnetwork.com/swimming-pool/swim-up-bar.html (last
visited Jan. 28, 2022).
45 The Island Resort at Fort Walton Beach, Our Story, https://www.theislandfl.com/about-us.htm (last visited Jan. 28,
2022).
46 Email from Conner Mann, Legislative Affairs Coordinator, Department of Business and Professional Regulation, Swim -
up Bars (Jan. 28, 2022).
47 S. 454 of the Building Code (Building), Seventh Edition.
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The Building Code also requires public swimming pools to have a sign stating the rules and regulations
for bathers including a statement that food and beverages are not allowed in the pool or on the wet pool
deck.48
According to DBPR, the Building Code does not contain any operational or treatment requirements that
specifically accommodate the potential for food and drinks to be served near a public swimming pool. If
food and beverages were allowed in public swimming pools, there could be potential changes to the
Building Code including requiring special water recirculation and treatment systems capable of
removing spillage of food and drinks, special travel distances to the swimming pool sanitary facilities,
and changes to required signage.49
Effect of the Bill
The bill provides that before January 1, 2023, the Commission must adopt within the Building Code
requirements and procedures for the approval of swim-up bars at commercial and public swimming
pool locations. The Commission must work with swimming pool industry representatives to develop
such requirements and procedures to “position this state as a national leader on design specifications,
safety, operation, and public health relating to swim-up bars.”
B. SECTION DIRECTORY:
Section 1. Requires the Florida Building Commission to work with certain industry representatives
to develop requirements and procedures for swim-up bars.
Section 2. Provides an effective date of upon becoming law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Unknown. The bill requires the Commission to adopt requirements and procedures for the approval
of swim-up bars at commercial and public swimming pool locations. It is unknown if the Commission
can accomplish this with existing resources, or if they will need additional resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact on the private sector by allowing public swimming pools to have
swim-up bars, which may increase sales of food and beverages for establishments that have such
bars. However, there is potential for an increase in recreational water illnesses because of a potential
48 Id.
49 Email from Conner Mann supra note 46.
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DATE: 2/1/2022
increase in germs in public swimming pools from food or beverages or diarrhea or vomit caused by
consuming food or beverages.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to DBPR, any changes to public swimming pool regulations that specifically relate to food
and drinks being served in a public swimming pool need to be developed in close coordination with
DOH because DOH has jurisdiction over the requirements for the operation of public swimming pools. 50
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
50 Email from Conner Mann supra note 46.
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DATE: 2/1/2022
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 719 2022
1 A bill to be entitled
2 An act relating to swim-up bars; requiring the Florida
3 Building Commission to adopt requirements and
4 procedures within the Florida Building Code for the
5 approval of swim-up bars at commercial and public
6 swimming pool locations; requiring the commission to
7 work with swimming pool industry representatives when
8 developing such requirements and procedures; providing
9 an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Before January 1, 2023, the Florida Building
14 Commission shall adopt within the Florida Building Code
15 requirements and procedures for the approval of swim-up bars at
16 commercial and public swimming pool locations in this state. The
17 commission shall work with swimming pool industry
18 representatives to develop such requirements and procedures to
19 position this state as a national leader on design
20 specifications, safety, operation, and public health relating to
21 swim-up bars.
22 Section 2. This act shall take effect upon becoming a law.
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hb0719-00
REGULATORY REFORM SUBCOMMITTEE
HB 719 by Rep. Smith, D.
Swim-up Bars
AMENDMENT SUMMARY
February 3, 2022
Amendment 1 by Rep. Smith, D. (strike-all):
The strike-all:
• Prohibits the Department of Health (DOH) and local governments from prohibiting swim-
up bars located in hotels, theme parks, or entertainment complexes.
• Defines “swim-up bar.”
• Requires swim-up bars to be separated from other public pools that do not allow
beverages or food.
• Prohibits glass items from being in a swim-up bar or the immediate area around the
pool.
• Requires a lifeguard to be on duty when a swim-up bar is in use.
• Limits the water depth in swim-up bars to less than 5 feet.
• Requires swim-up bars to be in compliance with all relevant regulations for public pools.
• Gives DOH rulemaking authority to ensure that swim-up bars comply with the bill.
• Requires the Florida Building Commission to adopt provisions for swim-up bars in the
Florida Building Code, related to water recirculation systems, pool deck obstructions,
and pool signs.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 719 (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 Smith, D. offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (10) is added to section 514.0115,
8 Florida Statutes, to read:
9 514.0115 Exemptions from supervision or regulation;
10 variances.—
11 (10)(a) As used in this subsection:
12 1. “Swim-up bar” means a public pool used for the
13 consumption of food and beverages by people, that may include a
14 permanent bar or counter from which food and beverages are
15 served to people in the pool.
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 719 (2022)
Amendment No. 1
16 2. “Theme park or entertainment complex” has the same
17 meaning as provided in s. 509.013(9).
18 2. “Transient public lodging establishment” has the same
19 meaning as provided in s. 509.013(4)(a)1.
20 3. “Wet deck area” means the 4-foot-wide unobstructed
21 pool deck area around the outside of the pool water perimeter,
22 curb, ladders, handrails, planters, or lifeguard chairs.
23 (b) The department, county health departments, and local
24 governments may not prohibit swim-up bars located in transient
25 public lodging establishments or theme parks or entertainment
26 complexes if all of the following apply:
27 1. The public pool is designated by the transient public
28 lodging establishment or theme park or entertainment complex as
29 a swim-up bar.
30 2. The transient public lodging establishment or theme
31 park or entertainment complex provides notice to their patrons
32 that food and beverages are being consumed in the swim-up bar.
33 3. The swim-up bar is separated from any other public
34 pools that are not swim-up bars and do not allow the consumption
35 of food and beverages.
36 4. Glass items are not allowed in the swim-up bar or on
37 the pool’s wet deck area.
38 5. A lifeguard is present when the swim-up bar is being
39 used.
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Page 2 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 719 (2022)
Amendment No. 1
40 6. The swim-up bar has a water depth of less than 60
41 inches.
42 7. The swim-up bar is in compliance with this chapter and
43 the rules adopted hereunder.
44 (c) The department may adopt rules to ensure compliance
45 with this subsection.
46 Section 2. Subsection (8) is added to section 553.77,
47 Florida Statutes, to read:
48 553.77 Specific powers of the commission.—
49 (8) By January 1, 2023, the Florida Building Commission
50 must adopt into the Florida Building Code, pursuant to s.
51 553.73(8), provisions for swim-up bars as defined in s.
52 514.0115(10)(a), including at a minimum, signage requirements
53 providing that food and beverages are permitted in the swim-up
54 bar, an allowance for a wet deck obstruction related to a swim-
55 up bar, and enhanced requirements for the swim-up bar‘s
56 recirculation and treatment system above and beyond what is
57 required of a typical public pool.
58 Section 3. This act shall take effect upon becoming law.
59
60 -----------------------------------------------------
61 T I T L E A M E N D M E N T
62 Remove everything before the enacting clause and insert:
63 An act relating to swim-up bars; amending s. 514.0115,
64 F.S.; providing definitions; providing that swim-up
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 719 (2022)
Amendment No. 1
65 bars may not be prohibited in certain public pools in
66 certain establishments; providing requirements for
67 swim-up bars in certain establishments; providing
68 rulemaking authority; amending s. 553.77, F.S.;
69 requiring the Florida Building Commission to adopt
70 within the Florida Building Code requirements for
71 swim-up bars certain public pools by a specified date;
72 providing an effective date.
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Page 4 of 4
HB 927
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 927 Downtown Crystal River Entertainment District, Citrus County
SPONSOR(S): Hage
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 15 Y, 0 N Darden Miller
Subcommittee
2) Regulatory Reform Subcommittee Wright Anstead
3) State Affairs Committee
SUMMARY ANALYSIS
Florida’s Beverage Law places a limit on the number of “quota licenses” that the Department of Business and
Professional Regulation (DBPR) may issue per county. A quota license allows a business to serve any
alcoholic beverage regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law
on the number of licenses it may issue for businesses that serve only malt beverages and wine.
The bill creates an exception to ch. 561, F.S., permitting businesses located within the Downtown Crystal River
Entertainment District that are licensed to sell alcoholic beverages to patrons for consumption on the licensed
premises to receive a special license or modification of an existing license to allow for the sale of alcoholic
beverages in open containers for consumption off the licensed premises but still within the entertainment
district, unless otherwise prohibited or limited in geographic area by the Crystal River City Council.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0927b.RRS
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Beverage Law
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale within the state of alcoholic beverages. Chapters
561-565 and 567-568, F.S., comprise Florida’s Beverage Law.
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses that
sell malt beverages or wine. However, s. 561.20, F.S., limits the number of licenses that may be issued
under s. 565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three
licenses per county that has approved the sale of intoxicating liquors. 1 This license, often referred to as
a “quota license,” allows a business to sell any alcoholic beverage regardless of alcoholic content,
including liquor or distilled spirits.2
There are several exceptions to the quota license limitation, and businesses that meet the
requirements set out in one of the exceptions pursuant to s. 561.20(2), F.S., may be issued a special
license by DBPR that allows the business to serve any alcoholic beverages regardless of alcoholic
content.
Pursuant to s. 561.01(11), F.S., alcoholic beverages sold for consumption on premises must be
consumed inside the licensed premises.3 DBPR may approve a temporary expansion of the licensed
premises to include a sidewalk or other outdoor area for special events. 4 The business must pay an
application fee of $100, stipulate the timeframe for the special event, submit a sketch outlining the
expanded premises, and submit written approval from the county or municipality.
Effect of Proposed Changes
The bill creates an exception to ch. 561, F.S., permitting businesses located within the Downtown
Crystal River Entertainment District that are licensed to sell alcoholic beverages to patrons for
consumption on the licensed premises to receive a special license or modification of an existing license
to allow for the sale of alcoholic beverages in open containers for consumption off the licensed
premises but still within the entertainment district, unless otherwise prohibited or limited in geographic
area by the Crystal River City Council.
B. SECTION DIRECTORY:
Section 1: Creates the Downtown Crystal River Entertainment District in the City of Crystal River
and provides a property description of the district.
Section 2: Creates an exception to general law, allowing businesses within the district authorized to
sell alcoholic beverages for consumption on the licensed premises to sell alcoholic
beverages for consumption off the licensed premises but still within the district.
Section 3: Provides an effective date of upon becoming a law.
1 S. 561.20(1), F.S.
2 S. 565.02, F.S.
3
See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to include a
sidewalk or any other outside area as part of the licensed premise).
4 S. 561.01(11), F.S.
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DATE: 2/1/2022
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? November 11, 2021.
WHERE? The Citrus County Chronicle, a daily newspaper of general circulation published
in Citrus County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [x]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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DATE: 2/1/2022
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 927 2022
1 A bill to be entitled
2 An act relating to the Downtown Crystal River
3 Entertainment District, Citrus County; designating
4 boundaries of an entertainment district within the
5 downtown area of the city; authorizing the Division of
6 Alcoholic Beverages and Tobacco of the Department of
7 Business and Professional Regulation to issue special
8 licenses or modify existing licenses for bona fide
9 licensees operating within such entertainment district
10 for the sale of certain alcoholic beverages for
11 consumption off the premises; providing that special
12 licenses or modifications of existing licenses are in
13 addition to certain other authorized temporary
14 permits; requiring the bona fide licensees to comply
15 with all other statutory requirements; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. There is created a special zone within the City
21 of Crystal River to be known as the "Downtown Crystal River
22 Entertainment District," more particularly described as follows:
23
24 Commencing at the northeast corner of the intersection
25 of US Hwy 19 and NW 1st Ave Crystal River, Florida;
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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 927 2022
26 thence north along the eastern right of way of NW 1st
27 Ave to the northwest corner of lot 26. Sylvan Glen
28 Addition to Crystal River, PB 1 PG 26; thence east
29 along the northern line of lot 26 to the northeast
30 corner of lot 26; thence north along the western
31 boundary of lots 18, 17, 16, 15, 14, and 13 Sylvan
32 Glen Addition to Crystal River, PB 1 PG to the
33 northwest corner of lot 13, Sylvan Glen Addition to
34 Crystal River, PB 1 PG 26; thence east along the north
35 boundary of lot 13 to the northeast corner of lot
36 thence due east across North Citrus Ave to a point
37 along the eastern right of way of North Citrus Ave and
38 western boundary of a parcel further described in OR
39 BK 1172 PG 527, Public Records of Citrus County;
40 thence north along the eastern right of way line of
41 Citrus Ave to the northwest corner of said parcel;
42 thence east along the north boundary of said parcel to
43 the northeast corner of said parcel; thence south
44 along the east boundary of said parcel to the
45 southeast corner of said parcel; thence east along the
46 northern boundary of a parcel further described in OR
47 BK 1132 PG 776, Public Records of Citrus County; to
48 the northeast corner of a said parcel; thence south
49 along the eastern boundary of said parcel to the
50 southeast corner of said parcel; thence south along
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HB 927 2022
51 the eastern boundary of a parcel further described in
52 OR BK 3114 PG 1511, Public Records of Citrus County to
53 the north Right of Way of US Hwy 19; thence due south
54 across US Hwy 19 to the southern edge of pavement of
55 US Hwy 19; thence east along the edge of pavement to
56 the intersection of the eastern extension of the Right
57 of Way of the crosstown trail as described in OR BK
58 555 PG 1789, Public Records of Citrus County; thence
59 south along the eastern boundary of the right of way
60 of the crosstown trail to the southwest corner of lot
61 32 of Boellerts Addition to Crystal River as described
62 in Plat Book 1, Page 28 of the Public Records of
63 Citrus County; thence southwesterly across the
64 crosstown trail to the southeast corner of Lot 17 of
65 Barcos Addition to Crystal River as described in Plat
66 Book 2, Page 2 of the Public Records of Citrus County ;
67 thence west along the southern boundary of 17, 16, 15,
68 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 to
69 the southwest corner of Lot 1 of Barcos Addition to
70 Crystal River as described in Plat Book 2, Page 2 of
71 the Public Records of Citrus County; thence south
72 along the eastern boundary of the right of way of
73 North Citrus Ave to the southeast corner of the
74 intersection of Citrus Ave and NE 3rd street; thence
75 westerly across Citrus Ave to the southwest corner of
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HB 927 2022
76 the intersection of NW 3rd Street and Citrus Ave;
77 thence west along the southern right of way of NW 3rd
78 Street to the northwest (westernmost) corner of Lot 18
79 Springs on Kings Bay as described in Plat Book 15,
80 Page 30 of the Public Records of Citrus County; thence
81 generally westward and northward and meandering along
82 the water's edge of Kings Bay, or the outer edge of
83 the Kings Bay Riverwalk, whichever is more waterward,
84 to the northeast corner of a parcel further described
85 in OR BK 2834 PG 493, Public Records of Citrus County;
86 thence west then north, then west along the northern
87 boundary of said parcel to its intersection with the
88 eastern boundary of right of way of NW 7th Avenue;
89 thence north along the eastern boundary of the right
90 of way of NW 7th Avenue to its intersection with the
91 northern boundary of the right of way line of NW 6th
92 Street; thence east to the southwest corner of the
93 intersection of NW 6th St and US Hwy 19; thence north
94 to the southern edge of pavement of US Hwy 19; thence
95 easterly along the southern edge of pavement of US Hwy
96 19 its intersection with the northern extension of the
97 east Right of Way of NW 1st Ave; thence north across
98 US Hwy 19 to the point of beginning, all located
99 within the City Limits of Crystal River, Florida.
100
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HB 927 2022
101 Section 2. (1) Notwithstanding chapter 561, Florida
102 Statutes, and any other provision of law, the Division of
103 Alcoholic Beverages and Tobacco of the Department of Business
104 and Professional Regulation shall issue, for bona fide licensees
105 operating validly licensed premises within the Downtown Crystal
106 River Entertainment District, at all times and throughout the
107 entirety of the entertainment district unless prohibited or
108 limited in geographical area by the Crystal River City Council
109 or its designee, a special license or modify an existing license
110 to sell alcoholic beverages for consumption on the premises, in
111 open containers, to be removed from the premises by patrons and
112 consumed within the entertainment district.
113 (2) The special licenses or modifications of existing
114 licenses authorized by this act are in addition to any other
115 temporary permits authorized pursuant to chapter 561, Florida
116 Statutes.
117 (3) The bona fide licensees shall comply with all other
118 requirements of chapter 561, Florida Statutes, during the
119 special allowances authorized by this act.
120 Section 3. This act shall take effect upon becoming a law.
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hb0927-00
CS/HB 943
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 943 Preemption of Local Government Wage Mandates
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Harding
TIED BILLS: IDEN./SIM. BILLS: SB 1124
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 10 Y, 7 N, As CS Leshko Miller
Subcommittee
2) Regulatory Reform Subcommittee Wright Anstead
3) State Affairs Committee
SUMMARY ANALYSIS
The Florida Constitution grants local governments broad home rule authority. However, some local
government authority may be preempted by the state, preventing local governments from exercising authority
in certain areas and requiring local ordinances be compliant with state statute or the state constitution. A local
government enactment may be found inconsistent with state law if (1) the Legislature has preempted a
particular subject area to the state or (2) the local regulation conflicts with a state statute.
In 2003, the Legislature preempted the establishment of minimum wage to the state. However, local
governments retained some authority to establish a minimum wage other than a state or federal minimum
wage or to provide employment benefits not otherwise required under state or federal law for a few categories
of employees. The law also contains an exception for situations where compliance with the law would prevent
a political subdivision from receiving federal funds. Additionally, political subdivisions are prohibited from
requiring an employer to provide employment benefits not required by state or federal law.
The bill amends s. 218.077, F.S., addressing local variations in minimum wage mandates that impact
economic stability and growth. The bill renames the section the “Wage Mandate Preemption Act.” The bill
provides new definitions, including the term “wage mandate” which is defined as “any requirement enacted by
a political subdivision which requires an employer to pay any or all of its employees a wage rate not otherwise
required under state or federal law.”
The bill prohibits political subdivisions from enacting, maintaining, or enforcing any wage mandates in an
amount greater than the state minimum wage rate, calculated pursuant to s. 24(c), art. X of the Florida
Constitution, or the federal minimum wage rate, and provides that any wage mandates in conflict with the state
or federal minimum wage are void.
The bill removes the definition for “employer contracting to provide goods or services for the political
subdivision.” The bill further removes the statutory exception allowing local governments to require a different
minimum wage for employees, or the employees of a subcontractor, of an employer who contracts to remove
goods or services of the local government.
The bill is not projected to have a fiscal impact.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0943b.RRS
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Home Rule
The Florida Constitution grants local governments broad home rule authority. Specifically, non-charter
county governments may exercise those powers of self-government that are provided by general law or
special law.1 Counties operating under a county charter have all powers of self-government not
inconsistent with general law or special law approved by the electors.2 Likewise, municipalities have
governmental, corporate, and proprietary powers that enable them to conduct municipal government,
perform municipal functions and provide services, and exercise any power for municipal purposes
except when expressly prohibited by law.3
Preemption
State preemption precludes a local government from exercising authority in a particular area, and
requires consistency with the state constitution or state statute. A local government enactment may be
found inconsistent with state law if (1) the Legislature has preempted a particular subject area to the
state or (2) the local regulation conflicts with a state statute.4
Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred.5 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent.6
Implied preemption is a legal doctrine that addresses situations in which the Legislature has not
expressly preempted an area but, for all intents and purposes, the area is dominated by the state.
Findings of implied preemption are for a very narrow class of areas in which the state has legislated
pervasively.7
In cases determining the validity of ordinances enacted in the face of state preemption, such
ordinances are found null and void.8
Local Wage Ordinances in Florida
In 2003, the Legislature preempted the establishment of minimum wages to the state.9 However, a
political subdivision10 retains the authority to establish a minimum wage other than a state or federal
minimum wage or to provide employment benefits not otherwise required under state or federal law for:
1 Art. VIII, s. 1(f), Fla. Const.
2 Art. VIII, s. 1(g), Fla. Const.; See also s. 125.01, F.S.
3 Art VIII, s. 2(b); See also s. 166.021(1), F.S.
4 James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemption and Conflict Analysis, 83 Fla.
B.J. 92 (June 2009), https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-
conflict-analysis/ (last visited Jan. 18, 2022).
5 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).
6 Mulligan, 934 So. 2d at 1243.
7 Wolf and Bolinder, supra.
8 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
9 S. 218.077(2), F.S.
10 Defined as a county, municipality, department, commission, district, board, or other public body, whether corporate or
otherwise, created by or under state law. S. 218.077(1)(f), F.S.
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Its employees;
The employees of an employer contracting to provide goods or services for the political
subdivision, or the employees of a subcontractor of such an employer; or
The employees of an employer receiving a direct tax abatement or subsidy from the political
subdivision, as a condition of the direct tax abatement or subsidy.11
The law also provides an exception for domestic violence or sexual abuse ordinances, orders, rules, or
policies adopted by a political subdivision.12
The law contains an exception for situations where compliance with the law would prevent a political
subdivision from receiving federal funds. This allows compliance with the Davis-Bacon and related
acts,13 which direct the Department of Labor to determine fair wages for contractors and subcontractors
working on public buildings and public works. Florida law only allows non-compliance with regard to
local minimum wage alterations to the extent necessary to allow receipt of federal funds. 14
Additionally, political subdivisions are prohibited from requiring an employer to provide employment
benefits 15 not required by state or federal law.16
Effect of Proposed Changes
The bill amends s. 218.077, F.S., addressing local variations in minimum wage mandates that impact
economic stability and growth. The bill renames the section the “Wage Mandate Preemption Act.” The
bill provides new definitions, including the term “wage mandate” which is defined as “any requirement
enacted by a political subdivision which requires an employer to pay any or all of its employees a wage
rate not otherwise required under state or federal law.”
The bill prohibits political subdivisions from enacting, maintaining, or enforcing any wage mandates in
an amount greater than the state minimum wage rate, calculated pursuant to s. 24(c), art. X of the
Florida Constitution, or the federal minimum wage rate, and provides that any wage mandates in
conflict with the state or federal minimum wage are void.
The bill removes the definition for “employer contracting to provide goods or services for the political
subdivision.” The bill removes the statutory exception allowing local governments to require a different
minimum wage for employees, or the employees of a subcontractor, of an employer who contracts to
remove goods or services of the local government.
B. SECTION DIRECTORY:
Section 1: Amends s. 218.077, F.S., providing new definitions and further preempting minimum
wage ordinances and requirements for employment benefits.
Section 2: Provides an effective date of upon becoming law.
11 S. 218.077(3)(a), F.S.
12 S. 218.077(3)(b), F.S.
13 See, e.g., 40 U.S.C. 3141 et seq.
14 S. 218.077(4), F.S.
15 Defined as anything of value that an employee may receive from an employer in addition to wages and salary. The term
includes, but is not limited to, health benefits; disability benefits; death benefits; group accidental death and
dismemberment benefits; paid or unpaid days off for holidays, sick leave, vacation, and pers onal necessity; retirement
benefits; and profit-sharing benefits. S. 218.077(1)(d), F.S.
16 S. 218.077(2), F.S.; However, federally authorized and recognized tribal governments are not prohibited from requiring
employment benefits for a person employed within a territory over which the tribe has jurisdiction. S. 218.077(5), F.S.
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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will no longer allow political subdivisions to establish a minimum wage other than a state or
federal minimum wage or to require employment benefits not otherwise required under state or federal
law from private employers that have contracts or subcontracts with a political subdivision. This change
may lower operating costs for these private employers.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2022, the Local Administration & Veterans Affairs Subcommittee adopted a strike-all
amendment and reported the bill favorably as a committee substitute. The amendment amends rather than
substantially rewrites S. 218.077, F.S. The amendment removes the statutory exception allowing local
governments to require a different minimum wage for employees, or the employees of a subcontractor, of
an employer who contracts to provide goods and services to the local government, while leaving the other
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exceptions to state preemption currently in the statute intact. Additionally, the amendment removes the
definition of “employer contracting to provide goods or services for the political subdivision” from the
statute.
This analysis is drafted to the committee substitute as passed by the Local Administration & Veterans
Affairs Subcommittee.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 943 2022
1 A bill to be entitled
2 An act relating to preemption of local government wage
3 mandates; amending s. 218.077, F.S.; providing a short
4 title; revising and providing definitions; prohibiting
5 political subdivisions from enacting, maintaining, or
6 enforcing, directly or indirectly, wage mandates in an
7 amount greater than the state or federal minimum wage
8 rate; specifying that certain wage mandates are void;
9 providing for construction; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 218.077, Florida Statutes, is amended
15 to read:
16 218.077 Wage Mandate Preemption Act and employment
17 benefits requirements by political subdivisions; restrictions .—
18 (1) This section may be cited as the "Wage Mandate
19 Preemption Act."
20 (2)(1) As used in this section, the term:
21 (a) "Employ" has the same meaning as established under the
22 federal Fair Labor Standards Act and its implementing
23 regulations.
24 (b)(a) "Employee" means any natural person who is entitled
25 under state or federal law to receive a state or federal minimum
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26 wage.
27 (c)(b) "Employer" means any person who is required under
28 state or federal law to pay a state or federal minimum wage to
29 the person's employees.
30 (c) "Employer contracting to provide goods or services for
31 the political subdivision" means a person contracting with the
32 political subdivision to provide goods or services to, f or the
33 benefit of, or on behalf of, the political subdivision in
34 exchange for valuable consideration, and includes a person
35 leasing or subleasing real property owned by the political
36 subdivision.
37 (d) "Employment benefits" means anything of value that an
38 employee may receive from an employer in addition to wages and
39 salary. The term includes, but is not limited to, health
40 benefits; disability benefits; death benefits; group accidental
41 death and dismemberment benefits; paid or unpaid days off for
42 holidays, sick leave, vacation, and personal necessity;
43 retirement benefits; and profit-sharing benefits.
44 (e) "Federal minimum wage" means a minimum wage required
45 under federal law, including the federal Fair Labor Standards
46 Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.
47 (f) "Political subdivision" means a county, municipality,
48 department, commission, district, board, or other public body,
49 whether corporate or otherwise, created by or under state law.
50 (g) "Wage" means that compensation for employment to which
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CS/HB 943 2022
51 any state or federal minimum wage applies.
52 (h) "Wage mandate" means any requirement enacted by a
53 political subdivision which requires an employer to pay any or
54 all of its employees a wage rate not otherwise required under
55 state or federal law.
56 (3)(2) Except as otherwise provided in subsection (4) (3),
57 a political subdivision may not enact, maintain establish,
58 mandate, or enforce by charter, ordinance, purchase agreement,
59 contract, regulation, rule, or resolution, either directly or
60 indirectly, a wage mandate in an amount greater than the state
61 minimum wage rate, calculated pursuant to s. 24, Art. X of the
62 State Constitution, or the federal minimum wage rate. Any wage
63 mandate that conflicts with this subsection is void.
64 Additionally, a political subdivision may not otherwise require
65 an employer to pay a minimum wage, other than a state or federal
66 minimum wage, to apply a state or federal minimum wage to wages
67 exempt from a state or federal minimum wage, or require an
68 employer to provide employment benefits not otherwise required
69 by state or federal law.
70 (4)(3) This section does not:
71 (a) Limit the authority of a political subdivision to
72 enact, maintain, or enforce through a collective bargaining
73 agreement or other means establish a minimum wage requirement
74 other than a state or federal minimum wage or to provide
75 employment benefits not otherwise required under state or
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76 federal law:
77 1. For the employees of the political subdivision; or
78 2. For the employees of an employer contracting to provide
79 goods or services for the political subdivision, or for the
80 employees of a subcontractor of such an employer, under the
81 terms of a contract with the political subdivision; or
82 2.3. For the employees of an employer receiving a direct
83 tax abatement or subsidy from the political subdivision, as a
84 condition of the direct tax abatement or subsidy.
85 (b) Apply to a domestic violence or sexual abuse
86 ordinance, order, rule, or policy adopted by a political
87 subdivision.
88 (c) Limit, restrict, or expand a prevailing wage required
89 under state law.
90 (5)(4) If it is determined by the officer or agency
91 responsible for distributing federal funds to a political
92 subdivision that compliance with this act would prevent receipt
93 of those federal funds, or would otherwise be inconsi stent with
94 federal requirements pertaining to such funds, then this act
95 does not apply, but only to the extent necessary to allow
96 receipt of the federal funds or to eliminate the inconsistency
97 with such federal requirements.
98 (6)(5) This section does not prohibit a federally
99 authorized and recognized tribal government from requiring
100 employment benefits for a person employed within a territory
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101 over which the tribe has jurisdiction.
102 Section 2. This act shall take effect upon becoming a law.
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HB 1107
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1107 City of Inverness, Citrus County
SPONSOR(S): McClain
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 15 Y, 0 N Leshko Miller
Subcommittee
2) Regulatory Reform Subcommittee Wright Anstead
3) State Affairs Committee
SUMMARY ANALYSIS
Florida’s Beverage Law places a limit on the number of “quota licenses” that the Department of Business and
Professional Regulation (DBPR) may issue per county. A quota license allows a business to serve any
alcoholic beverage regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law
on the number of licenses it may issue for businesses that serve only malt beverages and wine.
The bill creates an exception to ch. 561, F.S., permitting licensed vendors located within the Downtown
Inverness Entertainment District that are licensed to sell alcoholic beverages to patrons for consumption on the
licensed premises to receive a special permit during special events approved or declared by the City of
Inverness to allow for the sale of alcoholic beverages in open containers for consumption off the licensed
premises but still within the entertainment district. The special permit will only be valid for the duration of each
special event approved by the city manager.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1107b.RRS
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Beverage Law
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. 1
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law.
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses that
sell malt beverages or wine. However, statute limits the number of licenses that may be issued under s.
565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three licenses
per county that has approved the sale of intoxicating liquors. 2 This license, often referred to as a “quota
license,” allows a business to sell any alcoholic beverage regardless of alcoholic content, including
liquor or distilled spirits.3
There are several exceptions to the quota license limitation, 4 and businesses that meet the
requirements set out in one of the exceptions may be issued a special license by DBPR allowing the
business to serve any alcoholic beverages regardless of alcohol content.
Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
premises.5 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
or other outdoor area for special events.6 The business must pay an application fee of $100, stipulate
the timeframe for the special event, submit a sketch outlining the expanded premises, and submit
written approval from the county or municipality.
Effect of Proposed Changes
The bill creates an exception to ch. 561, F.S., permitting licensed vendors located within the Downtown
Inverness Entertainment District that are licensed to sell alcoholic beverages to patrons for
consumption on the licensed premises to receive a special permit during special events approved or
declared by the City of Inverness to allow for the sale of alcoholic beverages in open containers for
consumption off the licensed premises but still within the entertainment district. The special permit will
only be valid for the duration of each special event approved by the city manager.
B. SECTION DIRECTORY:
Section 1: Creates the Downtown Inverness Entertainment District in the City of Inverness and
provides a property description of the district.
Section 2: Creates an exception to general law, allowing licensed vendors within the district
authorized to sell alcoholic beverages for consumption on the licensed premises to sell
alcoholic beverages for consumption off the licensed premises but still within the district
during special events.
1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 565.02, F.S.
4 S. 561.20(2), F.S.
5
See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to include a
sidewalk or any other outside area as part of the licensed premise).
6 S. 561.01(11), F.S.
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Section 3: Provides that any special permit authorized under this act shall be granted in addition to
any other temporary permits authorized pursuant to ch. 561, F.S.
Section 4: Requires that vendors comply with all other requirements of ch. 561, F.S., while
operating pursuant to any special permit.
Section 5: Provides an effective date of upon becoming law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? November 23, 2021
WHERE? The Citrus County Chronicle, a daily newspaper published at Crystal River, in
Citrus County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [x]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1107 2022
1 A bill to be entitled
2 An act relating to City of Inverness, Citrus County;
3 creating a special zone; providing boundaries;
4 providing an exception to general law; providing
5 requirements for the issuance of a special permit for
6 a bona fide licensed vendor operating within the
7 described area for the sale of alcoholic beverages for
8 consumption off the licensed premises and on public
9 rights-of-way and public park property during city-
10 approved special events; providing that special
11 permits are in addition to certain other authorized
12 temporary permits; requiring a bona fide licensed
13 vendor to comply with all other statutory
14 requirements; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. There is created a special zone in the City of
19 Inverness to be known as the "Downtown Inverness Entertainment
20 District," more particularly described as follows:
21
22 Commencing at the corner of the east right-of-way line
23 of North Seminole Avenue and the south right-of-way
24 line of West Dampier Street; thence east along the
25 south right-of-way line of West Dampier Street to the
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26 east right-of-way line of North Pine Avenue; thence
27 north for 250 feet along the east right-of-way line of
28 North Pine Avenue; thence east for 375 feet to the
29 center line of North Apopka Avenue; thence south to
30 the south right-of way line of West Dampier Street;
31 thence east to the east right-of-way line of North
32 Apopka Avenue; thence south to the intersection of the
33 east right-of-way line of North Apopka Avenue and the
34 northeast right-of-way line of Courthouse Square;
35 thence southeast along the northeast right of way line
36 of Courthouse Square to the terminus of such right of
37 way at its intersection with East Main Street; thence
38 southwest to the east corner of "Courthouse Square,"
39 CITY OF INVERNESS, according to the plat thereof as
40 recorded in Plat Book 1, Page 36, Public Records of
41 Citrus County; thence northwest to the north corner of
42 "Courthouse Square," CITY OF INVERNESS, according to
43 the plat thereof as recorded in Plat Book 1, Page 36,
44 Public Records of Citrus County; thence southwest to
45 the west corner of "Courthouse Square," CITY OF
46 INVERNESS, according to the plat thereof as recorded
47 in Plat Book 1, Page 36, Public Records of Citrus
48 County; thence southeast 103 feet along the southwest
49 boundary of "Courthouse Square," CITY OF INVERNESS,
50 according to the plat thereof as recorded in Plat Book
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51 1, Page 36, Public Records of Citrus County; thence
52 southwest to the northeast corner of Lot 23 Block 101;
53 thence northwest to the intersection of the west
54 right-of-way line of Courthouse Square and the south
55 right-of-way line of West Main Street; thence west
56 along the south right-of-way line of West Main Street
57 to the west right-of-way line of North Pine Avenue;
58 thence north for 260 feet along the west right-of-way
59 line of North Pine Avenue; thence west for 331 feet to
60 the east right of way line of North Seminole Avenue;
61 thence north to the point of beginning.
62
63 Section 2. Notwithstanding the Beverage Law or any other
64 provision of law, the Division of Alcoholic Beverages and
65 Tobacco of the Department of Business and Professional
66 Regulation shall issue a permit to a bona fide licensed vendo r
67 operating a licensed premises in the Downtown Inverness
68 Entertainment District described in section 1, during a special
69 event approved or declared by the City of Inverness to
70 temporarily sell alcoholic beverages in open containers for
71 consumption on the premises or in open containers to be removed
72 from the premises by patrons and consumed within the Downtown
73 Inverness Entertainment District. The type and color of the open
74 container may be identified in the resolution approved by the
75 City of Inverness. Such permit is valid only for the duration of
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76 each special event approved by the city manager.
77 Section 3. The special permit authorized by this act shall
78 be granted in addition to any other temporary permits authorized
79 pursuant to the Beverage Law.
80 Section 4. A bona fide licensed vendor shall comply with
81 all other requirements of chapter 561, Florida Statutes, while
82 conducting business pursuant to a special permit authorized by
83 this act.
84 Section 5. This act shall take effect upon becoming a law.
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HB 1423
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1423 City of Edgewood, Orange County
SPONSOR(S): Plasencia
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 14 Y, 0 N Mwakyanjala Miller
Subcommittee
2) Regulatory Reform Subcommittee Thompson Anstead
3) State Affairs Committee
SUMMARY ANALYSIS
Florida’s Beverage Law limits the number of “quota licenses” that the Department of Business and Professional
Regulation (DBPR) may issue per county. A quota license allows a business to serve any alcoholic beverage
regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law on the number of
licenses it may issue for businesses serving only malt beverages and wine.
The bill creates the Edgewood Restaurant Incentive Areas in the City of Edgewood. The bill creates an
exception to the quota license limitation and requires DBPR to issue a special service license to a bona fide
restaurant in the Edgewood Restaurant Incentive Areas that meets the following requirements: occupies at
least 1,800 square feet of contiguous space, is equipped to serve meals to at least 80 persons at one time, and
derives at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic
beverages during the first 60-day operating period and each 12-month operating period thereafter.
The bill provides that failure of a licensee to meet the 51 percentage of food and nonalcoholic beverage gross
revenue during the covered operating period will result in the revocation of the license or denial of the pending
application for a permanent license of a licensee operating with a temporary license. A licensee whose license
is revoked, an applicant whose pending application for a permanent license is denied, or any person required
to qualify for the license application is ineligible to have any interest in a subsequent license application for a
period of 120 days after the date of the final denial of revocation.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1423b.RRS
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Beverage Law
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. 1
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law.
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses selling
malt beverages or wine. However, statute limits the number of licenses that may be issued under s.
565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three licenses
per county that has approved the sale of intoxicating liquors. 2 This license, often referred to as a “quota
license,” allows a business to sell any alcoholic beverage regardless of alcoholic content, including
liquor or distilled spirits.3
There are several exceptions to the quota license limitation, 4 and businesses that meet the
requirements set out in one of the exceptions may be issued a special license by DBPR allowing the
business to serve any alcoholic beverages regardless of alcohol content. A food service establishment
may qualify for an exemption if the building has at least 2,500 square feet of service area, is equipped
to serve meals to 150 persons at one time, and derives at least 51 percent of its gross food and
beverage revenue from the sale of food and nonalcoholic beverages during the first 120-day operating
period and the first 12-month operating period thereafter.5
Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
premises.6 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
or other outdoor area for special events.7 The business must pay an application fee of $100, stipulate
the timeframe for the special event, submit a sketch outlining the expanded premises, and submit
written approval from the county or municipality.
Effect of the Bill
The bill creates the Edgewood Restaurant Incentive Areas in the City of Edgewood.
The bill requires DBPR to issue a special food service license to a bona fide restaurant in the
Edgewood Restaurant Incentive Areas that occupies at least 1,800 square feet of contiguous space, is
equipped to serve meals to at least 80 persons at one time, and derives at least 51 percent of its gross
food and beverage revenue from the sale of food and nonalcoholic beverages during the first 60-day
operating period and each 12-month operating period thereafter. The bill includes a complete legal
description of the area in which the exemption to the quota license will apply.
The bill provides that failure of a licensee who is issued a special license to meet the 51 percentage of
food and nonalcoholic beverage gross revenue requirement during the covered operating period will
result in the revocation of the license or denial of the pending application for a permanent license of a
1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 565.02, F.S.
4 S. 561.20(2), F.S.
5 S. 561.20(2)(a)4.,F.S. See Rule 61A-3.0141, F.A.C.
6 See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to
include a sidewalk or any other outside area as part of the licensed premise).
7 S. 561.01(11), F.S. See Rule 61A-5.0013, F.A.C.
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DATE: 2/1/2022
licensee operating with a temporary license. A licensee whose license is revoked, an applicant whose
pending application for a permanent license is denied, or any person required to qualify for the special
license application is ineligible to have any interest in a subsequent license application for a period of
120 days after the date of the final denial or revocation.
According to the Economic Impact Statement, the bill is revenue positive due to the increase in sales
tax revenue and licensing revenue anticipated if such special licenses are granted under the exception.
B. SECTION DIRECTORY:
Section 1: Creates the Edgewood Restaurant Incentive Areas and provides a property description
of the district.
Section 2: Creates an exception to general law, providing space, seating and minimum gross
revenues requirements for special alcoholic beverage licenses for restaurants in the
Edgewood Restaurant Incentive Areas.
Section 3: Provides an effective date of upon becoming law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? October 5, 2021.
WHERE? The Orlando Sentinel, a daily newspaper published in Orange County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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DATE: 2/1/2022
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 1423 2022
1 A bill to be entitled
2 An act relating to the City of Edgewood, Orange
3 County; creating special zones in the City of
4 Edgewood; providing boundaries; providing an exception
5 to general law; providing space, seating, and minimum
6 gross revenue requirements for special alcoholic
7 beverage licenses for restaurants in described areas;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. There is hereby created special zones in the
13 City of Edgewood, to be known as the Edgewood Restaurant
14 Incentive Areas, more particularly described as follows:
15
16 Commence at the Northwest corner of the Southwest 1/4
17 of Section 12, Township 23 South, Range 29 East,
18 Orange County, Florida, thence run East along the
19 North line of the Southwest 1/4 of said Section 12, a
20 distance of 42.47 feet to the East right of way line
21 of Orange Avenue (State Road 527) for a POINT OF
22 BEGINNING; thence continue East along said North line,
23 to the Northeast corner of Oakwater Professional Park
24 Condo Unit 4; thence run along the Eastern boundary of
25 Units 4, 5 and 6 of the Oakwater Professional Park
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26 Condo; thence continue Southwesterly along the
27 Southerly boundary of Oakwater Professional Park Condo
28 Unit 6; to the Southwest corner of Unit 6 Oakwater
29 Professional Park Condo, thence run S41°56'00"E to the
30 normal high water line of Lake Jennie Jewel; thence
31 Westerly, Southerly and Easterly along said normal
32 high water line of Lake Jennie Jewel to a point of
33 intersection with the East boundary of Lot 1, Waters
34 Edge 26/1; thence run Southerly along the Easterly
35 line of said Lot 1 to the North line of Lot 17
36 Randolphs Plat C/58; thence run 80.7 feet East to the
37 Northeast corner of said Lot 17; thence South 300.59
38 feet to the Southeast corner of Lot 17 Randolphs Plat
39 C/58; continue South across Gatlin Avenue to a point
40 on the North boundary of the West 100 feet of the East
41 200 feet of the South 1/2 of Lot 17 Randolphs Plat
42 C/58; run East to the Northeast corner of property
43 described as follows: the West 100 feet of the East
44 200 feet of the South 1/2 of Lot 17 Randolphs Plat
45 C/58; thence South 270 feet along the East line of the
46 West 100 feet of the East 200 feet of the South 1/2 of
47 Lot 17 Randolphs Plat C/58 to the North right-of-way
48 line of Lake Gatlin Road; thence run West 362.1 feet
49 along the North right-of-way line of Lake Gatlin Road;
50 thence South across Lake Gatlin Road to a point on the
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HB 1423 2022
51 North line of Lot 31 of the Map of Gatlin with Hobbs'
52 Subdivision, as per plat thereof recorded in
53 Miscellaneous Book 4, Page 177; thence run
54 Southeasterly along the Easterly boundary of said Lot
55 31 to the Northeast corner of the Edgewood
56 Professional Center Condo Cb 12/146 Common Area;
57 thence run Southerly along the Easterly line of the
58 Edgewood Professional Center Condo Cb 12/146 Common
59 Area to the Northeast corner of the property described
60 as follows: Gatlin With Hobbs Sub Misc 4/177 Begin
61 269.75 feet West South 16 Degrees East 87.65 feet and
62 Southeasterly 212.35 feet Southeasterly 12.46 feet
63 South 12 Degrees East 117.54 Feet North 78 Degrees
64 East 150 feet North 11 Degrees West 130 feet South 78
65 Degrees West 150 feet to POB; thence run along said
66 property's eastern boundary to the Southeast corner of
67 said property; thence North 77 Degrees East 50.01
68 feet; thence South 11 Degrees East 907.65 feet; thence
69 North 78 Degrees East 19.1 feet; thence South 11
70 Degrees East 160.75 feet; thence South 78 degrees West
71 17.79 feet; thence South 11 Degrees East 130 feet;
72 thence North 78 Degrees East 15.14 feet to the
73 Northeast corner of Lot 1, HANSEL PLAZA 46/4; thence
74 run Southeasterly along the Easterly boundary of Lots
75 1 and 2, HANSEL PLAZA 46/4 to the Northerly right-of-
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HB 1423 2022
76 way line of Harbor Island Road; thence Southerly
77 across Harbor Island Road to the Northeast corner of
78 Tract 2, HANSEL PRESCOTT PROPERTY Q/117; thence South
79 158.69 feet to the Southeast corner of said Tract 2;
80 then East 17.7 feet along the South line of Lot 85,
81 RIVER OAKS 1/147 to the Northeast corner of Lot 38A
82 TROPICAL PINES J/11; thence run Southeasterly along
83 the Easterly boundary of TROPICAL PINES J/11 lots 30-
84 38A to the North right of way line of Lake Conway
85 Drive; thence Southeasterly to the Northeast corner of
86 the West ½ of Vacated Street on East side of TROPICAL
87 PINES J/11 LOTS 20A THROUGH 29 PER ORD #298; thence
88 run Southeasterly 230.7 feet along the Easterly side
89 of said West ½ of vacated street; thence extend in the
90 same direction 4.5 feet more or less to intersect with
91 the northerly boundary of property described as
92 follows: from the Southwest corner of Government Lot 3
93 run West 2 feet; North 161.50 feet; North 11 degrees
94 West 39 feet; North 79 Degrees East 42.83 feet to
95 intersection of East right-of way line of SR 527 and
96 Northerly Right of way line of Mandalay Road, then
97 continue North 79 Degrees East 200 feet for a POB;
98 thence North 10 degrees West 127.75 feet; North 79
99 Degrees E 87.50 feet; South 10 Degrees East 127.14
100 feet; South 79 Degrees West 87.50 feet to POB in
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101 Section 13-23-29; thence run South 79 Degrees West 24
102 feet; thence South 10 Degrees East 127.75 feet to the
103 North right-of-way of Mandalay Road; thence South 79
104 Degrees West 200 feet to the East Right of Way line of
105 Orange Avenue (SR 527); run Southeasterly along the
106 East right-of-way line of said Orange Avenue (SR 527)
107 to the Northwest corner of property described as
108 follows: SUB OF HARNEY HOMESTEAD C/53 Begin 1238.3
109 feet North of Center of Section Run East 99 FT South
110 207 feet West 99 feet North 207 feet to POB (LESS ST
111 RD R/W ON W & LESS FROM A PT 896.3 FT N OF CTR OF SEC
112 RUN N 136.15 FT E 75.87 FT FOR POB E 73 FT N 11.64 FT
113 W 74.02 FT S 11.08 FT TO POB & IN W M HANSEL SECOND
114 REPLAT PB L/74 LOT 7); thence run Easterly 255 feet
115 along the Northerly line of said described property to
116 the Northeast corner of property described as HARNEY
117 HOMESTEAD C/53 15 feet of Lot 1 lying East of Lots 3
118 thru 7 HANSEL W M 2ND REPLAT PB L PG 74 SEE OR BK 142
119 PAGE 522; thence run South to the Southeast corner of
120 Lot 3 OF HANSEL REPLAT J/45,which is also the North
121 right-of-way line of Hoffner Avenue; thence run West
122 along the South lines of LOTS 1, 2, & 3 OF HANSEL
123 REPLAT J/45 and Westerly extension to a point on the
124 East Right-of-way line of Hansel Avenue; thence run
125 Westerly to an intersection with the West Right-of-way
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126 line of Hansel Avenue; thence South 50 Degrees West to
127 an intersection with the Northerly right-of-way line
128 of Hoffner Avenue; thence West along said Northerly
129 right-of-way line to the East right-of-way line of
130 Orange Avenue; thence run Northerly along said Orange
131 Avenue right-of-way to the Southerly right-of-way line
132 of Mary Jess Road; thence run West to the East line of
133 the Florida Department of Transportation Railroad
134 right-of-way; thence North along said railroad right
135 of way to the South right-of-way line of Kelsey
136 Street; thence East along the South Kelsey Street
137 right-of-way extending East to the East line of Orange
138 Avenue (SR 527) right-of-way; thence North along said
139 East right of way line to the Point of Beginning.
140
141 Section 2. Notwithstanding s. 561.20(1), Florida Statutes,
142 in the areas herein described as the Edgewood Restaurant
143 Incentive Areas, the Division of Alcoholic Beverages and Tobacco
144 of the Department of Business and Professional Regulation shall
145 issue a special alcoholic beverage license to a bona fide
146 restaurant in the Edgewood Restaurant Incentive Areas described
147 in section 1 that is licensed by the Division of Hotels and
148 Restaurants of the Department of Business and Professional
149 Regulation, occupies at least 1,800 square feet of contiguous
150 space used as a part of the food service establishment, is
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HB 1423 2022
151 equipped to serve meals to 80 persons at one time, and derives
152 at least 51 percent of its gross food and beverage revenue from
153 the sale of food and nonalcoholic beverages during the first 60-
154 day operating period and each 12-month operating period
155 thereafter. Failure of any licensee issued this special license
156 to meet the required percentage of food and nonalcoholic
157 beverage gross revenues during the covered operating period
158 shall result in the revocation of the license or denial of the
159 pending application for a permanent license of a licensee
160 operating with a temporary license. A licensee whose license is
161 revoked, or an applicant whose pending application for a
162 permanent license is denied, or any person required to qualify
163 on the special alcoholic beverage license application, is
164 ineligible to have any interest in a subsequent application for
165 such license for a period of 120 days after the date of the
166 final denial or revocation.
167 Section 3. This act shall take effect upon becoming a law.
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HB 1431
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1431 City of Apopka, Orange County
SPONSOR(S): Plasencia
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 14 Y, 0 N Mwakyanjala Miller
Subcommittee
2) Regulatory Reform Subcommittee Thompson Anstead
3) State Affairs Committee
SUMMARY ANALYSIS
Florida’s Beverage Law limits the number of “quota licenses” that the Department of Business and Professional
Regulation (DBPR) may issue per county. A quota license allows a business to serve any alcoholic beverage
regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law on the number of
licenses it may issue for businesses that serve only malt beverages and wine.
Within the existing City of Apopka – Community Redevelopment Agency (CRA), the bill designates the City of
Apopka – Community Redevelopment Agency District (CRA District). The bill creates an exception to the quota
limitation and requires DBPR to issue a special food service license to a bona fide restaurant in the CRA
District that meets the following requirements: occupies at least 1,800 square feet of contiguous space, is
equipped to serve meals to at least 80 persons at one time, and derives at least 51 percent of its gross food
and beverage revenue from the sale of food and nonalcoholic beverages during the first 60-day operating
period and each 12-month operating period thereafter.
The bill provides that failure of a licensee to meet the 51 percentage of food and nonalcoholic beverage gross
revenue during the covered operating period will result in the revocation of the license or denial of the pending
application for a permanent license of a licensee operating with a temporary license. A licensee whose license
is revoked, an applicant whose pending application for a permanent license is denied, or any person required
to qualify for the license application is ineligible to have any interest in a subsequent license application for a
period of 120 days after the date of the final denial of revocation.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1431b.RRS
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Beverage Law
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. 1
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law.
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses selling
malt beverages or wine. However, statute limits the number of licenses that may be issued under s.
565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three licenses
per county that has approved the sale of intoxicating liquors. 2 This license, often referred to as a “quota
license,” allows a business to sell any alcoholic beverage regardless of alcoholic content, including
liquor or distilled spirits.3
There are several exceptions to the quota license limitation, 4 and businesses that meet the
requirements set out in one of the exceptions may be issued a special license by DBPR allowing the
business to serve any alcoholic beverages regardless of alcohol content. A food service establishment
may qualify for an exemption if the building has at least 2,500 square feet of service area, is equipped
to serve meals to 150 persons at one time, and derives at least 51 percent of its gross food and
beverage revenue from the sale of food and nonalcoholic beverages during the first 120-day operating
period and the first 12-month operating period thereafter.5
Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
premises.6 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
or other outdoor area for special events.7 The business must pay an application fee of $100, stipulate
the timeframe for the special event, submit a sketch outlining the expanded premises, and submit
written approval from the county or municipality.
Effect of the Bill
Within the existing City of Apopka – Community Redevelopment Agency (CRA), the bill designates the
City of Apopka – Community Redevelopment Agency District (CRA District).
The bill requires DBPR to issue a special food service license to a bona fide restaurant in the CRA
District that occupies at least 1,800 square feet of contiguous space, is equipped to serve meals to at
least 80 persons at one time, and derives at least 51 percent of its gross food and beverage revenue
from the sale of food and nonalcoholic beverages during the first 60-day operating period and each 12-
month operating period thereafter. The bill includes a complete legal description of the area in which
the exemption to the quota license will apply.
The bill provides that failure of a licensee who is issued a special license to meet the 51 percentage of
food and nonalcoholic beverage gross revenue requirement during the covered operating period will
result in the revocation of the license or denial of the pending application for a permanent license of a
1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 565.02, F.S.
4 S. 561.20(2), F.S.
5 S. 561.20(2)(a)4.,F.S. See Rule 61A-3.0141, F.A.C.
6 See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to
include a sidewalk or any other outside area as part of the licensed premise).
7 S. 561.01(11), F.S.
STORAGE NAME: h1431b.RRS PAGE: 2
DATE: 2/1/2022
licensee operating with a temporary license. A licensee whose license is revoked, an applicant whose
pending application for a permanent license is denied, or any person required to qualify for the special
license application is ineligible to have any interest in a subsequent license application for a period of
120 days after the date of the final denial or revocation.
According to the Economic Impact Statement, the bill is revenue positive due to the increase in sales
tax revenue and licensing revenue anticipated if such special licenses are granted under the exception.
B. SECTION DIRECTORY:
Section 1: Designates the CRA District and provides a property description. Creates an exception
to general law, providing space, seating and minimum gross revenues requirements for
special alcoholic beverage licenses for restaurants in the CRA District.
Section 2: Provides an effective date of upon becoming law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? December 3, 2021.
WHERE? The Apopka Chief, a newspaper published at Apopka, Orange County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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DATE: 2/1/2022
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 1431 2022
1 A bill to be entitled
2 An act relating to City of Apopka, Orange County;
3 providing an exception to general law; providing
4 space, seating, and minimum gross revenue requirements
5 for special alcoholic beverage licenses for
6 restaurants in described areas; providing boundaries;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. (1) Notwithstanding s. 561.20(1), Florida
12 Statutes, in the areas herein described as the City of Apopka –
13 Community Redevelopment Agency (CRA) District, the Division of
14 Alcoholic Beverages and Tobacco of the Department of Business
15 and Professional Regulation shall issue a special alcoholic
16 beverage license to a bona fide restaurant in the City of Apopka
17 – CRA District described land in subsection (2) that is licensed
18 by the Division of Hotels and Restaurants of the Department of
19 Business and Professional Regulation, occupies at least 1,800
20 square feet of contiguous space used as a part of the food
21 service establishment, is equipped to serve meals to 80 persons
22 at one time, and derives at least 51 percent of its gross food
23 and beverage revenue from the sale of food and nonalcoholic
24 beverages during the first 60-day operating period and each 12-
25 month operating period thereafter. Failure of any licensee
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26 issued this special license to meet the required percentage of
27 food and nonalcoholic beverage gross revenue during the covered
28 operating period shall result in the revocation of the license
29 or denial of the pending application for a permanent license of
30 a licensee operating with a temporary license. A licensee whose
31 license is revoked, or an applicant whose pending application
32 for a permanent license is denied, or any person required to
33 qualify on the special alcoholic beverage license application,
34 is ineligible to have any interest in a subsequent application
35 for such license for a period of 120 days after the date of the
36 final denial or revocation.
37 (2) For purposes of this act, the City of Apopka – CRA
38 District means the area more particularly described as follows:
39
40 Beginning at the intersection of the Northerly Right-
41 of-Way line of Tenth Street with the Easterly Right-
42 of-Way line of Hawthorne Avenue; Run thence Northerly
43 along said Easterly line to the Northerly Right-of -Way
44 line of Ninth Street; Run thence Westerly at right
45 angles from the Easterly line of Hawthorne Avenue to
46 the Westerly Right-of-Way line of Hawthorne Avenue;
47 Run thence Northerly along said Westerly line to the
48 Southeast corner of lot 16, Block "B" of Bradshaw and
49 Thompson's Addition to Apopka as recorded in Plat Book
50 "B", page 25 of the Public Records of Orange County,
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51 Florida; Run thence Easterly at right angles to the
52 Easterly Right-of-Way line of Hawthorne Avenue; Run
53 thence Northerly along said Easterly line to the
54 Southerly Right-of-Way line of Oak Street; Run thence
55 Easterly along said southerly line to the Easterly
56 Right-of-Way line of Central Avenue; Run thence
57 Northerly along said Easterly line to the Northwest
58 corner of Lot 95 of Lakeside Homes as recorded in Plat
59 Book "B", page 69 of the Public Records of Orange
60 County, Florida; Run thence Easterly along the
61 Northerly line of said Lot 95 and Lot 94 of said Plat
62 and a projection Easterly thereof to the Easterly
63 Right-of-Way line of Park Avenue; Run thence Southerly
64 along said Easterly line to the Northerly Right-of-Way
65 line of Oak Street; Run thence Easterly along said
66 Northerly Line to the West line of the East 1/2 of the
67 Northwest 1/4 of Section 10, Township 21 South, Range
68 28 East, Orange County, Florida; Run thence Southerly
69 along said West line and the Easterly Right-of-Way
70 line of Highland Avenue to the Northerly Right-of-Way
71 line of Monroe Avenue; Run thence Easterly along said
72 Northerly line to the East line of the West 1/2 of the
73 Southeast 1/4 of Section 10; Run thence Southerly
74 along said East line to the Northerly Right-of-Way
75 line of State Road (S.R.) 436; Run thence Westerly
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76 along said northerly line to the Northerly projection
77 of the Westerly line of Lots 2 and 3 Block "B" of L.F.
78 Tilden's Addition to Apopka City as recorded in Plat
79 Book "A", page 140 of the Public Records of Orange
80 County, Florida; Run thence Southerly along said
81 Westerly line and a projection Northerly and Southerly
82 thereof to the Southerly Right-of-Way line of Sixth
83 Street; Run thence Westerly along said Southerly line
84 to the Easterly Right-of-Way line of Alabama Street;
85 Run thence Southerly and Easterly along said Easterly
86 line to the Easterly Right-of-Way line of McGee
87 Street; Run thence Southerly along said Easterly line
88 to the Northerly Right-of-Way line of Tenth Street;
89 Run thence Westerly along said Northerly line and a
90 line 30.00 feet Northerly, measured at right angles,
91 from the South Line of the North 1/2 of the Southwest
92 1/4 of Section 15, Township 21 South, Range 28 East,
93 to the Westerly Right-of-Way line of Robinson Avenue;
94 Run thence Southerly along said Westerly line to the
95 Northerly Right-of-Way line of Eleventh Street; Run
96 thence Westerly along said Northerly line to the
97 Easterly Right-of-Way line of Park Avenue; Run Thence
98 Southerly along said line to the Easterly projection
99 of the Southerly line of lot 12 Block "J" of the Town
100 of Apopka as recorded in Plat Book "A", page 109 of
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101 the Public Records of Orange County, Florida; Run
102 thence Westerly along said projection and the
103 Southerly line of said Lot 12 to the Westerly line of
104 Lot 12; Run thence Northerly along said Westerly line
105 and the Westerly line of Lot 6 Block "J" and a
106 projection Northerly thereof to the Northerly Right-
107 of-Way line of Tenth Street; Run thence Westerly along
108 said Northerly line to the Point of Beginning.
109
110 Containing 633 acres of land more or less.
111 Section 2. This act shall take effect upon becoming a law.
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HB 1433
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1433 Orange County
SPONSOR(S): Plasencia
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 14 Y, 0 N Mwakyanjala Miller
Subcommittee
2) Regulatory Reform Subcommittee Thompson Anstead
3) State Affairs Committee
SUMMARY ANALYSIS
Florida’s Beverage Law limits the number of “quota licenses” that the Department of Business and Professional
Regulation (DBPR) may issue per county. A quota license allows a business to serve any alcoholic beverage
regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law on the number of
licenses it may issue for businesses serving only malt beverages and wine.
The bill creates the SoDo District in Orange County. The bill creates an exception to the quota license
limitation and requires DBPR to issue a special food service license to a bona fide restaurant in the SoDo
District that meets the following requirements: occupies at least 1,800 square feet of contiguous space, is
equipped to serve meals to at least 80 persons at one time, and derives at least 51 percent of its gross food
and beverage revenue from the sale of food and nonalcoholic beverages during the first 60-day operating
period and each 12-month operating period thereafter.
The bill provides that failure of a licensee to meet the 51 percentage of food and nonalcoholic beverage gross
revenue during the covered operating period will result in the revocation of the license or denial of the pending
application for a permanent license of a licensee operating with a temporary license. A licensee whose license
is revoked, an applicant whose pending application for a permanent license is denied, or any person required
to qualify for the license application is ineligible to have any interest in a subsequent license application for a
period of 120 days after the date of the final denial of revocation.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1433b.RRS
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Beverage Law
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. 1
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law.
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses selling
malt beverages or wine. However, statute limits the number of licenses that may be issued under s.
565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three licenses
per county that has approved the sale of intoxicating liquors. 2 This license, often referred to as a “quota
license,” allows a business to sell any alcoholic beverage regardless of alcoholic c ontent, including
liquor or distilled spirits.3 A food service establishment may qualify for an exemption if the building has
at least 2,500 square feet of service area, is equipped to serve meals to 150 persons at one time, and
derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages during the first 120-day operating period and the first 12-month operating
period thereafter.4
There are several exceptions to the quota license limitation, 5 and businesses that meet the
requirements set out in one of the exceptions may be issued a special license by DBPR allowing the
business to serve any alcoholic beverages regardless of alcohol content.
Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
premises.6 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
or other outdoor area for special events.7 The business must pay an application fee of $100, stipulate
the timeframe for the special event, submit a sketch outlining the expanded premises, and submit
written approval from the county or municipality.
Effect of the Bill
The bill creates the “SoDo District” in Orange County and provides a legal description. The bill requires
DBPR to issue a special food service license to a bona fide restaurant in the SoDo District that
occupies at least 1,800 square feet of contiguous space, is equipped to serve meals to at least 80
persons at one time, and derives at least 51 percent of its gross food and beverage revenue from the
sale of food and nonalcoholic beverages during the first 60-day operating period and each 12-month
operating period thereafter. The bill includes a complete legal description of the area in which the
exemption to the quota license will apply.
The bill provides that failure of a licensee who is issued a special license to meet the 51 percentage of
food and nonalcoholic beverage gross revenue requirement during the covered operating period will
result in the revocation of the license or denial of the pending application for a permanent license of a
licensee operating with a temporary license. A licensee whose license is revoked, an applicant whose
1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 565.02, F.S.
4 S. 561.20(2)(a)4., F.S. See Rule 61A-3.0141, F.A.C.
5 S. 561.20(2), F.S.
6 See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to
include a sidewalk or any other outside area as part of the licensed premise).
7 S. 561.01(11), F.S.
STORAGE NAME: h1433b.RRS PAGE: 2
DATE: 2/1/2022
pending application for a permanent license is denied, or any person required to qualify for the special
license application is ineligible to have any interest in a subsequent license application for a period of
120 days after the date of the final denial or revocation.
According to the Economic Impact Statement, the bill is revenue positive due to the increase in sales
tax revenue and licensing revenue anticipated if such special licenses are granted under the exception.
B. SECTION DIRECTORY:
Section 1: Creates the SoDo District in Orange County and provides a property description of the
district.
Section 2: Creates an exception to general law, providing space, seating and minimum gross
revenues requirements for special alcoholic beverage licenses for restaurants in the
SoDo District.
Section 3: Provides an effective date of upon becoming law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? December 8, 2021.
WHERE? The Orlando Sentinel, a daily newspaper published in Orange County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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DATE: 2/1/2022
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 1433 2022
1 A bill to be entitled
2 An act relating to Orange County; creating a special
3 zone in Orange County; providing boundaries; providing
4 an exception to general law; providing space, seating,
5 and minimum gross revenue requirements for special
6 alcoholic beverage licenses for restaurants in
7 described areas; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. There is created a special zone in Orange
12 County, to be known as the "SoDo District," more particularly
13 described as follows:
14
15 BEGINNING AT THE INTERSECTION OF NORTH RIGHT-OF-WAY
16 LINE OF CURRY FORD ROAD AND EAST RIGHT-OF-WAY LINE OF
17 WARWICK PLACE RUN NORTH ALONG THE EAST RIGHT-OF-WAY
18 LINE OF WARWICK PLACE TO THE SOUTHWEST CORNER OF LOT
19 29, BLOCK H, CONWAY PARK, ACCORDING THE PLAT THEREOF
20 AS RECORDED IN PLAT BOOK N, PAGE 41 OF THE PUBLIC
21 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN EAST TO
22 THE SOUTHEAST CORNER OF LOT 14 OF SAID BLOCK H, CONWAY
23 PARK, THENCE CONTINUE EAST ACROSS THE RIGHT-OF-WAY OF
24 FRANCIS AVENUE TO THE SOUTHWEST CORNER OF LOT 24 OF
25 BLOCK G, OF SAID CONWAY PARK; THENCE CONTINUE EAST
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26 ALONG THE PROLONGATION OF THE SOUTH LINE OF SAID LOT
27 24, BLOCK G ACROSS THE RIGHT-OF-WAY OF S BUMBY AVENUE
28 TO THE SOUTHWEST CORNER OF LOT 28, ORANGE VILLA,
29 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
30 K, PAGE 21 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
31 FLORIDA; THENCE RUN ALONG THE SOUTH LINE OF SAID LOT
32 28 AND LOT 7 OF SAID ORANGE VILLA TO THE SOUTHEAST
33 CORNER OF SAID LOT 7, THENCE RUN EASTERLY ACROSS THE
34 RIGHT-OF-WAY OF RUSSELL AVENUE TO THE NORTHWEST CORNER
35 OF LOT 6, BLOCK C, OF HANDSONHURST, ACCORDING TO THE
36 PLAT THEREOF AS RECORDED IN PLAT BOOK K, PAGE 117 OF
37 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
38 RUN EAST ALONG THE NORTH LINE OF LOTS 6-10 OF SAID
39 BLOCK C, HANDSONHURST TO THE NORTHEAST CORNER OF SAID
40 LOT 10, THENCE RUN EAST ACROSS THE RIGHT-OF-WAY OF
41 CLARK STREET TO THE NORTHWEST CORNER OF LOT 6, BLOCK
42 D, OF SAID HANDSONHURST; THENCE CONTINUE EAST ALONG
43 THE NORTH LINE OF LOTS 6-10 OF SAID BLOCK D TO THE
44 NORTHEAST CORNER OF SAID LOT 10, BLOCK D; THENCE
45 CONTINUE EAST ACROSS THE RIGHT-OF-WAY OF WINN AVENUE
46 TO THE NORTHWEST CORNER OF LOT 1, BLOCK A, CONWAY
47 HOMESITES, ACCORDING TO THE PLAT THEREOF AS RECORDED
48 IN PLAT BOOK L, PAGE 129 OF THE PUBLIC RECORDS OF
49 ORANGE COUNTY, FLORIDA; THENCE CONTINUE EAST ALONG THE
50 NORTH LINE OF LOTS 1-3 OF SAID BLOCK A, CONWAY
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51 HOMESITES TO THE NORTHEAST CORNER OF SAID LOT 3;
52 THENCE CONTINUE EAST ACROSS THE RIGHT-OF-WAY OF WISE
53 AVENUE TO THE NORTHWEST CORNER OF LOT 1, BLOCK B OF
54 SAID CONWAY HOMESITES, THENCE CONTINUE RUNNING EAST
55 ALONG THE NORTH LINE OF LOTS 1 AND 2 TO THE NORTHEAST
56 CORNER OF SAID LOT 2, BLOCK B; THENCE CONTINUE EAST
57 ACROSS THE RIGHT-OF-WAY OF PRIMROSE DRIVE TO THE
58 NORTHWEST CORNER OF LOT 5, OF SAID BLOCK B, CONWAY
59 HOMESITES; THENCE CONTINUE RUNNING EAST ALONG THE
60 NORTH LINE OF LOTS 5-6, OF SAID BLOCK B, TO THE
61 NORTHEAST CORNER OF SAID LOT 6; THENCE CONTINUE
62 RUNNING EAST ACROSS THE RIGHT-OF-WAY OF SCOTT AVENUE
63 TO THE NORTHWEST CORNER OF LOT 1, BLOCK C, OF SAID
64 CONWAY HOMESITES; THENCE RUN EAST ALONG THE NORTH LINE
65 OF LOTS 1-3 OF SAID BLOCK C TO THE NORTHEAST CORNER OF
66 SAID LOT 3, BLOCK C; THENCE RUN NORTH ALONG THE EAST
67 LINE OF SAID BLOCK C TO THE NORTHWEST CORNER OF LOT 2,
68 CURRY FORD CENTER, ACCORDING TO THE PLAT THEREOF AS
69 RECORDED IN PLAT BOOK 17, PAGE 79 OF THE PUBLIC
70 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN EAST
71 ALONG THE NORTH LINE OF SAID LOT 2 TO THE NORTHEAST
72 CORNER OF SAID LOT 2; THENCE RUN EAST ACROSS THE
73 RIGHT-OF-WAY OF EL PASO AVENUE TO THE EAST RIGHT-OF-
74 WAY LINE OF SAID EL PASO AVENUE; THENCE RUN SOUTH
75 ALONG THE SAID EAST RIGHT-OF-WAY LINE OF EL PASO
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76 AVENUE TO THE NORTHWEST CORNER OF LOT 1, CAROL LAND,
77 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
78 80, PAGE 60 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
79 FLORIDA; THENCE RUN EAST ALONG THE NORTH LINE OF SAID
80 LOT 1, CAROL LAND TO THE NORTHEAST CORNER OF SAID LOT
81 1; THENCE RUN NORTHEASTERLY TO THE SOUTHWEST CORNER OF
82 LOT 17, BLOCK A, GRANT'S CONWAY SUBDIVISION, ACCORDING
83 TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK J, PAGE
84 21 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
85 THENCE RUN EAST ALONG THE SOUTH LINE OF LOTS17 AND 7
86 TO THE SOUTHEAST CORNER OF SAID LOT 7, BLOCK A; THENCE
87 RUN EAST TO THE CENTERLINE OF S CRYSTAL LAKE DRIVE;
88 THENCE RUN NORTH ALONG THE CENTERLINE OF SAID S
89 CRYSTAL LAKE DRIVE TO THE INTERSECTION WITH THE
90 WESTERLY EXTENSION OF THE NORTH LINE OF LOT 1, BLOCK
91 A, DOVER SHORES COMMERCIAL CENTER, ACCORDING TO THE
92 PLAT THEREOF AS RECORDED IN PLAT BOOK V, PAGE 80, OF
93 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
94 RUN EAST ALONG THE WESTERLY EXTENSION OF SAID NORTH
95 LINE OF LOT 1 AND ALONG THE NORTH LINE OF SAID LOT 1
96 TO THE INTERSECTION OF THE NORTH LINE OF SAID LOT 1
97 AND THE EAST RIGHT-OF-WAY LINE OF SHORES ALLEY; THENCE
98 CONTINUE RUNNING EAST TO THE NORTHWEST CORNER OF LOT
99 2, BLOCK G, DOVER SHORES FIRST ADDITION, ACCORDING TO
100 THE PLAT THEREOF AS RECORDED IN PLAT BOOK U, PAGE 37
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101 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
102 THENCE RUN SOUTH ALONG THE WEST LINE OF SAID LOT 2 TO
103 THE SOUTHWEST CORNER OF SAID LOT 2; THENCE RUN EAST
104 ALONG THE NORTH LINE OF SAID LOT 3 TO THE NORTHEAST
105 CORNER OF SAID LOT 3; THENCE RUN SOUTH ALONG THE EAST
106 LINE OF LOT 3 TO THE SOUTHEAST CORNER OF SAID LOT 3 TO
107 A POINT THAT IS 100 FEET NORTH MORE OR LESS FROM THE
108 NORTH RIGHT-OF-WAY LINE OF CURRY FORD ROAD; THENCE RUN
109 EAST ALONG AND PARALLEL TO A POINT 100 FEET NORTH OF
110 THE NORTH RIGHT-OF-WAY LINE OF CURRY FORD ROAD TO THE
111 EAST RIGHT-OF-WAY LINE OF EDMUNDSHIRE LANE, ALSO BEING
112 THE WEST LINE OF LOT 2, DOVER SHORES AT CURRY FORD,
113 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
114 49, PAGES 88-89 OF THE PUBLIC RECORDS OF ORANGE
115 COUNTY, FLORIDA; SAID POINT IS 100 FEET NORTH OF THE
116 RIGHT-OF-WAY LINE OF CURRY FORD ROAD, THENCE RUN NORTH
117 ALONG THE EAST RIGHT-OF-WAY LINE OF EDMUNDSHIRE LANE
118 TO THE NORTH LINE OF SAID LOT 2; THENCE RUN ALONG THE
119 NORTH LINE OF LOT 2 TO THE INTERSECTION OF SOUTHWEST
120 CORNER OF THE RIGHT-OF-WAY OF CORBETT LANE; THENCE RUN
121 EASTERLY ALONG THE SOUTH LINE OF CORBETT LANE AND THE
122 SOUTH RIGHT-OF-WAY LINE OF CORBETT PLACE TO THE
123 CENTERLINE OF CONWAY ROAD; THENCE RUN SOUTH ALONG THE
124 CENTERLINE OF CONWAY ROAD TO THE INTERSECTION WITH THE
125 WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 1, BLOCK
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126 B, LILAC TERRACE, ACCORDING TO THE PLAT THEREOF AS
127 RECORDED IN PLAT BOOK W, PAGE 30 OF THE PUBLIC RECORDS
128 OF ORANGE COUNTY, FLORIDA; SAID POINT IS 120 FEET
129 NORTH OF THE NORTH RIGHT-OF-WAY LINE OF CURRY FORD
130 ROAD, THENCE RUN EAST 120 FEET NORTH OF AND PARALLEL
131 TO THE NORTH RIGHT- OF-WAY LINE OF CURRY FORD ROAD TO
132 THE INTERSECTION OF NORTHERLY EXTENSION OF THE EAST
133 LINE OF LOT 1, IRIS SHOPPING CENTER, ACCORDING THE
134 PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 114 OF
135 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
136 RUN SOUTH ALONG SAID NORTHERLY EXTENSION OF THE EAST
137 LINE OF SAID LOT 1 ACROSS CURRY FORD ROAD TO THE
138 NORTHEAST CORNER OF SAID LOT 1; THENCE CONTINUE
139 RUNNING SOUTH TO THE SOUTHEAST CORNER OF SAID LOT 1;
140 THENCE RUN WEST TO THE SOUTHWEST CORNER OF SAID LOT 1;
141 THENCE RUN NORTH ALONG THE WEST LINE OF SAID LOT 1 TO
142 A POINT THAT IS 175 FEET SOUTH OF THE SOUTH RIGHT-OF-
143 WAY LINE OF CURRY FORD ROAD; THENCE RUN WEST 175 FEET
144 SOUTH OF AND PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE
145 OF CURRY FORD ROAD TO THE WEST RIGHT-OF-WAY LINE OF
146 CONWAY ROAD; THENCE RUN WEST ACROSS THE RIGHT-OF-WAY
147 LINE OF CONWAY ROAD TO THE SOUTHEAST CORNER OF LOT 5,
148 BLOCK B, EDMUNDS SHIRE, ACCORDING TO THE PLAT THEREOF
149 AS RECORDED IN PLAT BOOK V, PAGE 148 OF THE PUBLIC
150 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN WEST
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151 ALONG THE SOUTH LINE OF LOTS 4 AND EXTENDED TO THE
152 SOUTHEAST CORNER OF LOT 1, BLOCK A OF SAID EDMUNDS
153 SHIRE; THENCE RUN WEST TO THE SOUTHWEST CORNER OF SAID
154 LOT 1, BLOCK A; ALSO BEING ON THE EAST LINE OF BLOCK
155 A, ATLANTIC BANK PLACE; THENCE RUN SOUTH ALONG THE
156 EAST LINE OF SAID BLOCK A TO THE SOUTHEAST CORNER OF
157 SAID BLOCK A; THENCE RUN WEST ALONG THE SOUTH LINE OF
158 SAID BLOCK A TO THE SOUTHWEST CORNER OF SAID BLOCK A;
159 POINT ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF
160 WATAUGA AVENUE, THENCE RUN SOUTH ALONG THE EAST RIGHT -
161 OF-WAY LINE OF WATAUGA AVENUE TO THE INTERSECTION OF
162 THE EASTERLY EXTENSION OF THE NORTH LINE OF BLOCK A,
163 AGNES HEIGHTS FIRST ADDITION, ACCORDING TO THE PLAT
164 THEREOF AS RECORDED IN PLAT BOOK X, PAGE 59 OF THE
165 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
166 WEST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE
167 AND ALONG SAID NORTH LINE OF BLOCK A TO THE
168 INTERSECTION WITH THE CENTERLINE OF CONWAY GARDENS
169 ROAD; THENCE RUN NORTH ALONG THE CENTERLINE OF CONWAY
170 GARDENS ROAD TO THE INTERSECTION WITH THE EASTERLY
171 EXTENSION OF THE SOUTH LINE OF LOT 1, BLOCK A, CROCKER
172 HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
173 PLAT BOOK N, PAGE 58 OF THE PUBLIC RECORDS OF ORANGE
174 COUNTY, FLORIDA; THENCE RUN WEST ALONG THE EASTERLY
175 EXTENSION OF SAID SOUTH LINE OF LOT 1 AND BEING 145
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176 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF CURRY
177 FORD ROAD AND PARALLEL TO SAID RIGHT-OF-WAY LINE AND
178 WESTERLY EXTENSION THEREOF TO THE EASTERLY RIGHT-OF-
179 WAY LINE OF S CRYSTAL LAKE DRIVE; THENCE RUN SOUTH
180 ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF S CRYSTAL
181 LAKE DRIVE TO THE INTERSECTION WITH THE EASTERLY
182 EXTENSION OF THE SOUTH LINE OF LOT 1, CHIRA ADDITION,
183 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
184 17, PAGE 45; THENCE RUN WEST ALONG THE EASTERLY
185 EXTENSION OF THE SOUTH LINE OF SAID LOT 1 TO THE
186 SOUTHEAST CORNER OF SAID LOT 1, CHIRA ADDITION; THENCE
187 RUN WEST TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
188 RUN SOUTH TO THE SOUTHEAST CORNER OF LOT 2, WALGREENS
189 @ CURRY FORD ROAD, ACCORDING TO THE PLAT THEREOF AS
190 RECORDED IN PLAT BOOK 46, PAGES 67 AND 68; THENCE RUN
191 WEST ALONG THE SOUTH LINE OF LOTS 2 AND 1 OF SAID
192 WALGREENS @ CURRY FORD TO THE SOUTHWEST CORNER OF SAID
193 LOT 1; THENCE RUN NORTH ALONG THE WEST LINE OF SAID
194 LOT 1 TO A POINT 180 FEET SOUTH OF THE SOUTH RIGHT -OF-
195 WAY LINE OF CURRY FORD ROAD; THENCE RUN WEST ALONG A
196 LINE THAT IS 180 FEET SOUTH OF AND PARALLEL TO THE
197 SOUTH RIGHT-OF-WAY LINE OF CURRY FORD ROAD TO THE
198 SOUTHWEST CORNER OF LOT 5, BLOCK A, CLOVERLAWN,
199 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
200 H, PAGE 87 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
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201 FLORIDA; THENCE RUN NORTH ALONG THE WEST LINE OF SAID
202 LOT 5 TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE
203 RUN NORTHEASTERLY TO THE INTERSECTION OF NORTH RIGHT-
204 OF-WAY LINE OF CURRY FORD ROAD AND EAST RIGHT-OF-WAY
205 LINE OF WARWICK PLACE, SAID POINT ALSO BEING THE POINT
206 OF BEGINNING.
207
208 AND
209
210 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF S
211 DIVISION AVENUE AND THE CENTERLINE OF W GORE STREET,
212 THENCE RUN EAST ALONG THE CENTERLINE OF W GORE STREET
213 TO THE INTERSECTION WITH THE CENTERLINE OF MAIN LANE;
214 THENCE RUN NORTH ALONG THE CENTERLINE OF MAIN LANE TO
215 THE INTERSECTION WITH THE CENTERLINE OF S LUCERNE
216 CIRCLE W; THENCE RUN EAST ALONG THE CENTERLINE OF S
217 LUCERNE CIRCLE W TO THE INTERSECTION WITH THE
218 CENTERLINE OF S ORANGE AVENUE; THENCE RUN NORTHEAST
219 ALONG THE CENTERLINE S LUCERNE CIRCLE E, AND
220 REFERENCED AS LUCERNE AVENUE, R.F. STARKEY'S ADDITION
221 TO ORLANDO, ACCORDING THE PLAT THEREOF AS RECORDED IN
222 PLAT BOOK A, PAGE 11 OF THE PUBLIC RECORDS OF ORANGE
223 COUNTY, FLORIDA; TO THE INTERSECTION OF THE NORTHERLY
224 EXTENSION OF THE WEST LINE OF LOT 24, OF SAID R.F.
225 STARKEY'S ADDITION TO ORLANDO; THENCE RUN SOUTH ALONG
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226 THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LO T
227 24, AND THE WEST LINE OF SAID LOT 24 TO THE SOUTHWEST
228 CORNER OF SAID LOT 24, ALSO BEING THE NORTHWEST CORNER
229 OF WOODRUFF STREET, AS SHOWN ON THE PLAT WOODRUFF'S
230 ADDITION TO ORLANDO, ACCORDING TO THE PLAT THEREOF AS
231 RECORDED IN PLAT BOOK F, PAGE 130 OF THE PUBLIC
232 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH
233 ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WOODRUFF
234 STREET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY
235 LINE OF BAY STREET; THENCE RUN SOUTHEAST TO THE
236 INTERSECTION OF THE CENTERLINE OF E GORE STREET WITH
237 THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 9,
238 J.N. BRADSHAW'S SUBDIVISION, ACCORDING TO THE PLAT
239 THEREOF AS RECORDED IN PLAT BOOK G, PAGE 8, OF THE
240 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
241 SOUTH ALONG THE WEST LINE OF LOTS 9-16, AND LOT 18, OF
242 SAID J.N. BRADSHAW'S SUBDIVISION, TO THE SOUTHWEST
243 CORNER OF SAID LOT 18; THENCE CONTINUE SOUTH TO THE
244 CENTERLINE OF ANNIE STREET; THENCE RUN SOUTHWEST ALONG
245 THE CENTERLINE OF ANNIE STREET TO THE INTERSECTION
246 WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT
247 3, BLOCK B, COPELAND TERRACE, ACCORDING TO THE PLAT
248 THEREOF AS RECORDED IN PLAT BOOK M, PAGE 62, OF THE
249 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
250 SOUTHEAST ALONG THE NORTHERLY EXTENSION OF THE WEST
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251 LINE OF SAID LOT 3, AND THE WEST LINE ITSELF TO THE
252 SOUTHWEST CORNER OF SAID LOT 3; THENCE RUN SOUTHWEST
253 ACROSS THE RIGHT-OF-WAY WAVERLY PLACE TO THE NORTHWEST
254 CORNER OF LOT 4, BLOCK A, OF SAID COPELAND TERRACE;
255 THENCE RUN SOUTHEAST ALONG THE WEST LINE OF SAID LOT 4
256 TO THE EDGE OF WATER OF LAKE COPELAND; THENCE RUN
257 SOUTH ALONG THE WESTERLY EDGE OF LAKE COPELAND TO THE
258 INTERSECTION WITH THE EASTERNMOST CORNER OF LOT 1,
259 BLOCK A, COPELAND PARK, ACCORDING TO THE PLAT THEREOF
260 AS RECORDED IN PLAT BOOK K, PAGE 46 OF THE PUBLIC
261 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN ALONG
262 THE SOUTHEASTERLY LINE OF SAID LOT 1, BLOCK A, TO THE
263 SOUTHERNMOST CORNER OF SAID LOT 1, ALSO BEING ON THE
264 NORTHERLY RIGHT-OF-WAY LINE OF E COPELAND DRIVE;
265 THENCE RUN SOUTH TO THE NORTHERNMOST OF LOT 3, BLOCK
266 B, OF SAID COPELAND PARK; THENCE RUN SOUTH TO THE
267 SOUTHWEST CORNER OF LOT 11, OF SAID BLOCK B; THENCE
268 RUN SOUTHEAST ACROSS THE RIGHT-OF-WAY OF FERNWOOD
269 STREET TO THE NORTHEAST CORNER OF LOT 2, BLOCK C, OF
270 SAID COPELAND PARK; THENCE RUN SOUTH ALONG THE EAST
271 LINE OF SAID LOT 2, BLOCK C, TO THE SOUTHEAST CORNER
272 OF SAID LOT 2; THENCE RUN NORTHWEST ALONG THE SOUTH
273 LINE OF SAID LOT 2 TO THE EASTERNMOST CORNER OF LOT
274 14, OF SAID BLOCK C; THENCE RUN SOUTH ALONG THE EAST
275 LINE OF LOT 14 AND LOT 13, OF SAID BLOCK C, TO THE
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276 SOUTHEAST CORNER OF SAID LOT 13; THENCE RUN SOUTHEAST
277 ALONG THE NORTHEAST LINE OF LOT 12, OF SAID BLOCK C;
278 THENCE RUN SOUTHEAST ACROSS THE RIGHT-OF-WAY OF
279 WISTERIA AVENUE TO THE NORTHERNMOST CORNER OF LOT 1,
280 BLOCK D, OF SAID COPELAND PARK; THENCE RUN SOUTHEAST
281 TO THE EAST CORNER OF SAID LOT 1, BEING THE
282 SOUTHERNMOST CORNER OF LOT 2, AND THE NORTHWEST CORNER
283 OF LOT 15, ALL OF SAID BLOCK D; THENCE RUN SOUTH TO
284 THE SOUTHEAST CORNER OF SAID LOT 1; THENCE RUN SOUTH
285 ACROSS THE RIGHT-OF-WAY OF E MILLER STREET TO THE
286 NORTHEAST CORNER OF LOT 1, J.C. HOWELL'S ADDITION TO
287 ORLANDO, PLAT BOOK F, PAGE 104 OF THE PUBLIC RECORDS
288 OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE
289 EAST LINE OF LOTS 1-4 OF SAID J.C. HOWELL'S ADDITION
290 TO ORLANDO, TO THE SOUTHEAST CORNER OF SAID LOT 4,
291 ALSO BEING THE NORTHEAST CORNER OF LOT 1, PIZZA HUT
292 NO. 26, ACCORDING TO THE PLAT THERE OF AS RECORDED IN
293 PLAT BOOK 18, PAGE 96, OF THE PUBLIC RECORDS OF ORANGE
294 COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE EAST LINE
295 OF SAID LOT 1, A DISTANCE OF 55 FEET; THENCE RUN WEST
296 A ALONG THE PERIMETER OF SAID LOT 1, A DISTANCE OF 10
297 FEET; THENCE RUN SOUTH ALONG THE EAST LINE OF SAID LOT
298 1 A DISTANCE OF 64.50 FEET TO THE SOUTHEAST CORNER OF
299 SAID LOT 1; THENCE RUN SOUTH ALONG THE SOUTHERLY
300 EXTENSION OF THE EAST LINE OF SAID LOT 1 TO THE
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301 INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF E
302 HOLLENBECK STREET; THENCE RUN SOUTH ACROSS THE RIGHT-
303 OF-WAY OF E HOLLENBECK STREET TO THE NORTHEAST CORNER
304 OF LOT 1, SOUTH ORANGE RETAIL, ACCORDING TO THE PLAT
305 THEREOF AS RECORDED IN PLAT BOOK 95, PAGE 14, OF THE
306 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
307 SOUTH ALONG THE EAST LINE OF SAID LOT 1 TO THE
308 SOUTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO BEING
309 THE NORTHEAST CORNER OF LOT 15, BLOCK B, OF SAID JACOB
310 A. HOLLENBECK'S SUBDIVISION, ACCORDING TO THE PLAT
311 THEREOF AS RECORDED IN PLAT BOOK G, PAGE 12, OF THE
312 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
313 SOUTH ALONG THE EAST LINE OF LOTS 15-24, OF SAID BLOCK
314 B, TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY
315 LINE OF E KALEY STREET; THENCE RUN SOUTH ACROSS THE
316 RIGHT-OF-WAY OF E KALEY STREET TO THE NORTHEAST CORNER
317 OF LOT 1, ORANGE & KALEY COMMERCIAL, ACCORDING TO THE
318 PLAT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 40, OF
319 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
320 RUN SOUTH ALONG THE EAST LINE OF SAID LOT 1, A
321 DISTANCE OF 53.80 FEET, THENCE RUN WEST 10 FEET TO THE
322 EAST LINE OF SAID LOT 1; THENCE RUN SOUTH ALONG THE
323 EAST LINE OF SAID LOT 1, A DISTANCE OF 71.20 FEET TO
324 THE SOUTHEAST CORNER OF SAID LOT 1; THENCE RUN SOUTH
325 ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID
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326 LOT 1 TO THE INTERSECTION OF THE CENTERLINE OF E
327 ESTHER STREET; THENCE RUN WEST ALONG THE CENTERLINE OF
328 E ESTHER STREET TO THE INTERSECTION WITH THE
329 CENTERLINE OF DIX ALLEY; THENCE RUN SOUTH ALONG THE
330 CENTERLINE OF DIX ALLEY TO THE INTERSECTION OF THE
331 CENTERLINE OF E HARDING STREET; THENCE RUN EAST ALONG
332 THE CENTERLINE OF E HARDING STREET TO A POINT 130 FEET
333 EAST OF THE EAST RIGHT-OF-WAY LINE OF S ORANGE AVENUE;
334 THENCE RUN SOUTH ALONG A LINE 130 FEET EAST OF AND
335 PARALLEL TO THE EAST RIGHT-OF-WAY LINE OF S ORANGE
336 AVENUE TO THE INTERSECTION OF THE CENTERLINE OF E
337 GRANT STREET; THENCE RUN EAST ALONG THE CENTERLINE OF
338 E GRAN STREET TO THE INTERSECTION OF THE NORTHERLY
339 EXTENSION OF THE EAST LINE OF LOT 1, BLOCK A, PAGE
340 SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED
341 IN PLAT BOOK J, PAGE 19, OF THE PUBLIC RECORDS OF
342 ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE
343 SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1,
344 BLOCK A TO THE INTERSECTION WITH THE CENTERLINE OF E
345 CRYSTAL LAKE STREET; THENCE RUN SOUTH TO THE NORTHEAST
346 CORNER OF LOT 1, SHOPPES OF ORANGE, ACCORDING TO THE
347 PLAT THEREOF AS RECORDED IN PLAT BOOK 79, PAGE 103, OF
348 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
349 RUN SOUTH ALONG THE EAST LINE OF SAID LOT 1 AND THE
350 SOUTHERLY EXTENSION THEREOF TO THE SOUTH LINE OF SAID
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351 SHOPPES OF ORANGE; THENCE RUN EAST ALONG THE SOUTH
352 LINE OF SAID LOT 1 AND THE EASTERLY EXTENSION THEREOF,
353 RUN TO THE INTERSECTION OF THE CENTERLINE OF CENTER
354 AVENUE; THENCE RUN TO THE NORTHWEST CORNER OF LOT 13,
355 BLOCK B, PICKETT TERRACE, ACCORDING THE PLAT THEREOF
356 AS RECORDED IN PLAT BOOK N, PAGE 77, OF THE PUBLIC
357 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN EAST
358 ALONG THE NORTH LINE OF LOTS 13-24, OF SAID BLOCK B,
359 TO THE NORTHEAST CORNER OF SAID LOT 24; THENCE RUN
360 EAST ACROSS THE RIGHT-OF-WAY OF DELANEY AVENUE TO THE
361 NORTHWEST CORNER OF LOT 51, DELANEY HIGHLANDS,
362 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
363 O, PAGE 114, OF THE PUBLIC RECORDS OF ORANGE COUNT Y,
364 FLORIDA; THENCE RUN EAST ALONG THE NORTH LINE OF LOTS
365 51-53 OF SAID DELANEY HIGHLANDS TO THE NORTHEAST
366 CORNER OF SAID LOT 53, ALSO BEING ON THE WEST LINE OF
367 LOT 54, OF SAID DELANEY HIGHLANDS; THENCE RUN NORTH
368 ALONG THE WEST LINE OF SAID LOT 54 TO THE NORTHWEST
369 CORNER OF SAID LOT 54; THENCE RUN EAST ALONG THE NORTH
370 LINE OF LOTS 54-67 OF SAID DELANEY HIGHLANDS TO THE
371 NORTHEAST CORNER OF LOT 67 OF SAID DELANEY HIGHLANDS;
372 THENCE RUN EAST ALONG THE EASTERLY EXTENSION OF THE
373 NORTH LINE OF SAID LOT 67 TO THE INTERSECTION OF THE
374 EAST LINE OF COPLEY SQUARE, A REPLAT, ACCORDING TO THE
375 PLAT THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 92 OF
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376 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
377 RUN SOUTH ALONG THE EAST LINE OF SAID COPLEY SQUARE, A
378 REPLAT TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY
379 LINE OF E MICHIGAN STREET; THENCE RUN EAST 250 FEET
380 ALONG THE NORTH RIGHT-OF-WAY LINE OF E MICHIGAN
381 STREET; THENCE RUN SOUTH 230 FEET; THENCE RUN WEST 247
382 FEET; THENCE RUN NORTH 135 FEET TO THE SOUTH RIGHT -OF-
383 WAY LINE OF E MICHIGAN STREET; THENCE RUN WEST ALONG
384 THE SOUTH RIGHT-OF-WAY LINE OF E MICHIGAN STREET TO
385 THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF S
386 OSCEOLA AVENUE; THENCE RUN SOUTH ALONG THE EAST RIGHT -
387 OF-WAY LINE OF S OSCEOLA AVENUE TO THE INTERSECTION
388 WITH THE EAST RIGHT-OF-WAY LINE DELANEY AVENUE, SAID
389 POINT ALONG BEING THE CENTERLINE OF E PINELOCH AVENUE;
390 THENCE RUN WEST ALONG THE CENTERLINE OF E PINELOCH
391 AVENUE TO THE INTERSECTION WITH THE NORTHERLY
392 EXTENSION OF THE EAST LINE OF LOT 24, BLOCK A, FOREST
393 PINES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
394 PLAT BOOK O, PAGE 67 OF THE PUBLIC RECORDS OF ORANGE
395 COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE NORTHERLY
396 EXTENSION OF SAID LOT 24 AND THE EAST LINE OF SAID LOT
397 24 AND LOT 23, OF SAID BLOCK A, TO THE SOUTHEAST
398 CORNER OF SAID LOT 23; THENCE RUN WEST ALONG THE SOUTH
399 LINE OF SAID LOT 23 TO THE SOUTHWEST CORNER OF SAID
400 LOT 23; THENCE RUN NORTH ALONG THE WEST LINE OF LOTS
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401 23-24 AND THE NORTHERLY EXTENSION THEREOF TO THE NORTH
402 RIGHT-OF-WAY LINE OF E PINELOCH AVENUE; THENCE RUN
403 WEST ALONG THE NORTH LINE OF E PINELOCH AVENUE TO A
404 POINT 181 FEET EAST OF THE EAST RIGHT-OF-WAY LINE OF S
405 ORANGE AVENUE; THENCE RUN SOUTH 181 FEET EAST OF AND
406 PARALLEL TO THE EAST RIGHT-OF-WAY LINE OF S ORANGE
407 AVENUE TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY
408 LINE OF HIGHWAY PLACE; THENCE RUN WEST ALONG THE NORTH
409 RIGHT-OF-WAY LINE OF HIGHWAY PLACE TO THE EAST RIGHT-
410 OF-WAY LINE OF S ORANGE AVENUE; THENCE RUN SOUTH TO
411 THE INTERSECTION OF THE EASTERLY EXTENSION OF THE
412 NORTH RIGHT-OF-WAY LINE OF DRENNEN ROAD; THENCE RUN
413 WEST ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT-
414 OF-WAY LINE OF DRENNEN ROAD ACROSS ORANGE AVENUE AND
415 ALONG SAID NORTH RIGHT-OF-WAY LINE OF DRENNEN ROAD TO
416 THE EAST LINE OF THE WEST 30 FEET OF LOT 9, BLOCK B,
417 SUDDATH INDUSTRIAL PROPERTIES, ACCORDING TO THE PLAT
418 THEREOF AS RECORDED IN PLAT BOOK T, PAGE 133 OF THE
419 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
420 NORTH ALONG THE EAST LINE OF THE WEST 30 FEET OF SAID
421 LOT 9 AND THE EXTENSION THERE OF TO THE CENTERLINE OF
422 W PINELOCH AVENUE; THENCE RUN WEST TO THE SOUTHERLY
423 EXTENSION OF THE CENTERLINE OF TAYLOR AVENUE; THENCE
424 RUN NORTH ALONG THE SOUTHERLY EXTENSION OF THE
425 CENTERLINE OF TAYLOR AVENUE AND THE CENTERLINE OF
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426 TAYLOR AVENUE TO A POINT 165 FEET SOUTH OF THE SOUTH
427 RIGHT-OF-WAY LINE OF W MICHIGAN STREET; THENCE RUN
428 WEST 165 FEET SOUTH OF AND PARALLEL TO THE SOUTH
429 RIGHT-OF-WAY LINE OF W MICHIGAN STREET TO THE
430 INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF LAKE
431 HOLDEN TERRACE; THENCE RUN NORTH TO THE SOUTH RIGHT -
432 OF-WAY LINE OF W MICHIGAN STREET; THENCE RUN WEST
433 ALONG THE SOUTH RIGHT-OF-WAY LINE OF W MICHIGAN STREET
434 TO THE INTERSECTION WITH THE EAST LINE OF LOT 6, BLOCK
435 55, ANGEBILT ADDITION, ACCORDING TO THE PLAT THEREOF
436 AS RECORDED IN PLAT BOOK H, PAGE 79, OF THE PUBLIC
437 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN NORTH TO
438 A POINT ON THE SOUTH LINE OF LOT 1, BLOCK A, LAKE
439 HOLDEN INDUSTRIAL PARK 1ST ADDITION, ACCORDING TO THE
440 PLAT THEREOF AS RECORDED IN PLAY BOOK Y, PAGE 15, OF
441 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; SAID
442 POINT BEING 161 FEET WEST OF THE SOUTHEAST CORNER OF
443 SAID LOT 1; THENCE RUN NORTH 161 FEET WEST OF AND
444 PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF DIVISION
445 AVENUE TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY
446 LINE OF COLUMBIA STREET; THENCE RUN EAST ALONG THE
447 SOUTH RIGHT-OF-WAY LINE OF COLUMBIA STREET TO THE
448 INTERSECTION WITH THE CENTERLINE OF S DIVISION AVENUE;
449 THENCE RUN NORTH ALONG THE CENTERLINE OF S DIVISION
450 AVENUE TO THE INTERSECTION OF THE CENTERLINE OF W GORE
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451 STREET; ALSO BEING THE POINT OF BEGINNING.
452
453 AND
454
455 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF
456 STATE ROAD 408 AND THE CENTERLINE OF N JOHN YOUNG
457 PARKWAY, THENCE RUN NORTH ALONG THE CENTERLINE OF N
458 JOHN YOUNG PARKWAY TO THE INTERSECTION OF A POINT 375
459 FEET NORTH OF THE CENTERLINE OF STATE ROAD 50,
460 COLONIAL DRIVE, AND BEING THE SOUTH LINE OF SECTION
461 21, TOWNSHIP 22 SOUTH RANGE 29 EAST, THENCE RUN EAST
462 375 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF
463 STATE ROAD 50, COLONIAL DRIVE, THENCE RUN EAST TO THE
464 INTERSECTION OF THE CENTERLINE OF COUNTRY LANE; THENCE
465 RUN SOUTH ALONG THE CENTERLINE OF COUNTRY LINE TO THE
466 INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH
467 LINE OF THE PLAT COLONIAL-TAMPA OFFICE CENTER,
468 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
469 13, PAGE 14, IN THE PUBLIC RECORDS OF ORANGE COUNTY,
470 FLORIDA; THENCE RUN EAST ALONG THE NORTH LINE OF SAID
471 PLAT COLONIAL-TAMPA OFFICE CENTER AND THE EXTENSION
472 THEREOF TO THE WEST RIGHT-OF-WAY LINE OF VALENCIA
473 AVENUE, THENCE CONTINUE EAST ACROSS THE RIGHT-OF-WAY
474 OF VALENCIA AVENUE TO THE EAST RIGHT-OF-WAY LINE OF
475 VALENCIA AVENUE AND THE NORTHWEST CORNER OF LOT 1,
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476 BLOCK 4, COUNTRY CLUB ESTATES REPLAT, ACCORDING TO THE
477 PLAT THEREOF AS RECORDED IN PLAT BOOK Q, PAGE 70 OF
478 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
479 RUN EAST ALONG THE NORTH LINE OF LOTS 1-4, OF SAID
480 BLOCK 4 AND THE EXTENSION THEREOF AND ALONG THE NORTH
481 LINE OF LOT 1, BLOCK 2 OF SAID COUNTRY CLUB ESTATES
482 REPLAT TO THE INTERSECTION WITH THE CENTERLINE OF
483 RAMONA LANE; THENCE RUN NORTHEAST TO THE SOUTHWEST
484 CORNER OF LOT 21, BLOCK 6, SPRING LAKE TERRACE,
485 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
486 N, PAGE 6, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
487 FLORIDA; THENCE ALONG THE SOUTH LINE OF LOTS 21, 20,
488 19, 18, 17, 16, 15, 14, 13, 12, 11, 10, 9, AND 8,
489 THENCE FROM THE SOUTHERNMOST EAST POINT OF SAID LOT 8
490 RUN SOUTHEASTERLY ALONG SOUTHWESTERN LINE OF LOTS 4,
491 3, AND 2 OF SAID BLOCK 6 TO THE SOUTHERNMOST POINT OF
492 SAID LOT 2, THENCE RUN NORTHEASTERLY ALONG THE SOUTH
493 LINE OF SAID LOT 2 AND THE EXTENSION THEREOF TO THE
494 NORTHWEST CORNER OF LOT 1, I SAW, ACCORDING TO THE
495 PLAT THEREOF AS RECORDED IN PLAT BOOK 87, PAGE 90 OF
496 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; SAID
497 POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 1, BLOCK
498 5, OF AFORESAID SPRING LAKE TERRACE; THENCE RUN
499 EASTERLY ALONG THE SOUTH LINE OF LOTS 1-8 OF SAID
500 BLOCK 5 TO THE SOUTHEAST CORNER OF SAID LOT 8; THENCE
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501 RUN EAST ACROSS THE RIGHT-OF-WAY OF CLIFFORD DRIVE TO
502 THE SOUTH LINE OF THE NORTH 20 FEET OF LOT 16, BLOCK 4
503 OF SAID SPRING LAKE TERRACE; THENCE RUN EAST ALONG THE
504 SOUTH LINE OF SAID NORTH 20 FEET OF LOT 16 AND THE
505 EXTENSION THEREOF TO THE INTERSECTION OF THE
506 CENTERLINE OF U.S. HIGHWAY 441, N ORANGE BLOSSOM
507 TRAIL; THENCE RUN SOUTHEASTERLY TO THE NORTHWEST
508 CORNER OF LOT 4, L.A. WILLIS' SUBDIVISION, ACCORDING
509 TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK J, PAGE
510 91 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
511 THENCE RUN EAST ALONG THE NORTH LINE OF SAID LOT 4 AND
512 LOT 5, OF SAID L.A. WILLIS' SUBDIVISION TO THE
513 NORTHEAST CORNER OF SAID LOT 5; THENCE CONTINUE
514 RUNNING EAST TO THE CENTERLINE OF ELLWOOD AVENUE;
515 THENCE RUN NORTH ALONG THE CENTERLINE OF SAID ELLWOOD
516 AVENUE TO THE INTERSECTION OF THE WESTERLY EXTENSION
517 OF THE NORTH LINE OF LOT 51, ORANGE PARK, ACCORDING TO
518 THE PLAT THEREOF AS RECORDED IN PLAT BOOK E, PAGE 31
519 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
520 THENCE RUN EAST ALONG THE NORTH LINE OF SAID LOT 51 TO
521 THE NORTHEAST CORNER OF SAID LOT 51; THENCE RUN SOUTH
522 ALONG THE EAST LINE OF LOT 51 AND 52 AND THE WEST LINE
523 OF LOT 4 OF SAID ORANGE PARK TO THE SOUTHWEST CORNER
524 OF SAID LOT 4; THENCE RUN EAST ALONG THE SOUTH LINE OF
525 SAID LOT 4, ORANGE PARK AND THE EASTERLY EXTENSION
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526 THEREOF TO THE INTERSECTION WITH THE CENTERLINE OF N
527 WESTMORELAND DRIVE; THENCE RUN SOUTH ALONG THE
528 CENTERLINE OF N WESTERMORELAND DRIVE PAST THE RIGHT-
529 OF-WAY OF W AMELIA STREET AND TO THE INTERSECTION OF
530 THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 43,
531 BELTON LONG'S 2ND ADDITION TO ORLANDO, ACCORDING TO
532 THE PLAT THEREOF AS RECORDED IN PLAT BOOK H, PAGE 89
533 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; WITH
534 THE CENTERLINE OF S WESTMORELAND DRIVE; THENCE RUN
535 WEST ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF
536 SAID LOT 43 TO THE SOUTHEAST CORNER OF SAID LOT 43;
537 THENCE CONTINUE RUNNING WEST ALONG THE SOUTH LINE OF
538 LOTS 43 AND 42 OF SAID BELTON LONG'S 2ND ADDITION TO
539 ORLANDO TO THE SOUTHWEST CORNER OF SAID LOT 42; THENCE
540 RUN NORTH ALONG THE WEST LINE OF SAID LOT 42 TO THE
541 NORTHWEST CORNER OF SAID LOT 42, ALSO BEING THE
542 SOUTHEAST CORNER OF LOT 27, OF SAID BELTON LONG'S 2ND
543 ADDITION TO ORLANDO; THENCE RUN WEST ALONG THE SOUTH
544 LINE OF LOT 27 AND THE EXTENSION THEREOF THE
545 CENTERLINE OF CSX RAILROAD RIGHT-OF-WAY AS REFERENCED
546 AS FC &P RR IN THE PLAN OF VAN M MORGAN'S ADDITION TO
547 ORLANDO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
548 PLAT BOOK C, PAGE 82 OF THE PUBLIC RECORDS OF ORANGE
549 COUNTY, FLORIDA; THENCE RUN SOUTHEASTERLY ALONG SAID
550 CENTERLINE OF RAILROAD RIGHT-OF-WAY TO THE
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551 INTERSECTION OF THE CENTERLINE OF SAID RAILROAD RIGHT -
552 OF-WAY TO THE CENTERLINE OF N WESTMORELAND DRIVE;
553 THENCE RUN SOUTH ALONG THE CENTERLINE OF SAID N
554 WESTMORELAND DRIVE TO THE INTERSECTION OF THE EASTERLY
555 EXTENSION OF THE SOUTH LINE OF LOT 1, BLOCK 1, VAN. M.
556 MORGAN'S 2'D ADDITION TO ORLANDO., ACCORDING TO THE
557 PLAT THEREOF AS RECORDED IN PLAT BOOK D, PAGE 87;
558 THENCE RUN WEST ALONG THE EASTERLY EXTENSION OF THE
559 SOUTH LINE AND THE SOUTH LINE OF SAID LOT 1 TO THE
560 EAST LINE OF LOT 5, BLOCK1, OF SAID VAN. M. MORGAN'S
561 2'D ADDITION TO ORLANDO.; THENCE RUN SOUTH ALONG THE
562 EAST LINE OF SAID LOT 5 TO THE SOUTHEAST CORNER OF
563 SAID LOT 5; THENCE RUN WEST ALONG THE SOUTH LINE OF
564 LOTS 5-16, BLOCK 1 OF SAID VAN. M. MORGAN'S 2'D
565 ADDITION TO ORLANDO. TO THE SOUTHWEST CORNER OF SAID
566 LOT 16, BLOCK 1; THENCE RUN SOUTHWEST ACROSS THE
567 RIGHT-OF-WAY OF BENSON AVENUE TO THE SOUTHEAST CORNER
568 OF LOT 1, BELTON LONG'S 3RD ADDITION, ACCORDING TO THE
569 PLAT THEREOF AS RECORDED IN PLAT BOOK H, PAGE 78 OF
570 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
571 RUN WEST ALONG THE SOUTH LINE OF LOTS 1-4 OF SAID
572 BELTON LONG'S 3RD ADDITION TO THE SOUTHWEST CORNER OF
573 SAID LOT 4, ALSO BEING THE NORTHEAST CORNER OF LOT 14,
574 OF SAID BELTON LONG'S 3RD ADDITION; THENCE RUN SOUTH
575 ALONG THE EAST LINE OF SAID LOT 14 AND THE EXTENSION
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576 THEREOF TO THE INTERSECTION WITH THE CENTERLINE OF W
577 JEFFERSON STREET; THENCE RUN WEST ALONG THE CENTERLINE
578 OF W JEFFERSON STREET TO THE INTERSECTION WITH THE
579 NORTHERLY EXTENSION OF THE WEST LINE OF LOT 2, BLOCK
580 5, OF AFORESAID VAN. M. MORGAN'S 2'D ADDITION TO
581 ORLANDO; THENCE RUN SOUTH ALONG THE NORTHERLY
582 EXTENSION OF THE WEST LINE OF SAID LOT 2, BLOCK 5 TO
583 THE NORTHWEST CORNER OF SAID LOT 2, BLOCK 5; THENCE
584 RUN SOUTH TO THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK
585 5; THENCE CONTINUE RUNNING SOUTH TO THE INTERSECTION
586 OF THE CENTERLINE OF POLK STREET; THENCE RUN WEST
587 ALONG THE CENTERLINE OF POLK STREET TO THE
588 INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST
589 LINE OF LOT 4, BLOCK 6, OF SAID VAN. M. MORGAN'S 2'D
590 ADDITION TO ORLANDO.; THENCE RUN SOUTH ALONG THE
591 NORTHERLY EXTENSION OF THE EAST LINE AND THE EAST LINE
592 THEREOF, OF SAID LOT 4, BLOCK 6 TO THE INTERSECTION
593 OF THE CENTERLINE OF W WASHINGTON STREET; THENCE RUN
594 EAST ALONG THE CENTERLINE OF W WASHINGTON STREET TO
595 THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE
596 EAST LINE OF THE PLAT, J.E. MCNEIL SUBDIVISION,
597 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
598 H, PAGE 47 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
599 FLORIDA; THENCE RUN SOUTH ALONG THE EAST LINE OF SAID
600 PLAT TO THE SOUTHEAST CORNER OF SAID PLAT; POINT ALSO
Page 24 of 45
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601 BEING THE NORTHEAST CORNER OF THE PLAT H.H. DICKSON'S
602 SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED
603 IN PLAT BOOK E, PAGE 80 OF THE PUBLIC RECORDS OF
604 ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH TO THE
605 SOUTHEAST CORNER OF SAID PLAT; THENCE CONTINUE SOUTH
606 TO THE CENTERLINE OF W CENTRAL BOULEVARD; THENCE RUN
607 EAST ALONG THE CENTERLINE OF W CENTRAL BOULEVARD TO
608 THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE
609 EAST LINE OF THE PLAT L.W. REED'S SUBDIVISION,
610 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
611 K, PAGE 98 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
612 FLORIDA; THENCE RUN SOUTH ALONG THE NORTHERLY
613 EXTENSION OF THE EAST LINE OF THE PLAT AND CONTINUING
614 RUNNING ALONG THE EAST LINE OF THE PLAT ITSELF TO THE
615 INTERSECTION WITH THE CENTERLINE OF W CHURCH STREET;
616 THENCE RUN WEST ALONG THE CENTERLINE OF W CHURCH
617 STREET TO THE INTERSECTION WITH THE NORTHERLY
618 EXTENSION OF THE EAST LINE OF LOT 8, METZINGER &
619 BEARDALL ADDITION TO ORLANDO, ACCORDING TO THE PLAT
620 THEREOF AS RECORDED IN PLAT BOOK H, PAGE 107, OF THE
621 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
622 SOUTH ALONG THE NORTHERLY EXTENSION OF THE EAST LINE
623 OF SAID LOT 8 AND THE EAST LINE OF LOT 21 OF SAID
624 METZINGER & BEARDALL ADDITION TO ORLANDO AND THE
625 SOUTHERLY EXTENSION THEREOF THE EAST LINE OF SAID LOT
Page 25 of 45
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626 21 TO THE INTERSECTION WITH THE CENTERLINE OF W
627 JACKSON STREET; THENCE RUN EAST ALONG THE CENTERLINE
628 OF SAID W JACKSON STREET TO THE INTERSECTION WITH THE
629 CENTERLINE OF CLEAR LAKE WAY; THENCE RUN SOUTHWESTERLY
630 ALONG THE CENTERLINE OF CLEAR LAKE WAY TO THE
631 INTERSECTION WITH THE CENTERLINE OF W SOUTH STREET;
632 THENCE RUN EAST ALONG THE CENTERLINE OF W SOUTH STREET
633 TO THE INTERSECTION WITH THE CENTERLINE WOODS AVENUE;
634 THENCE RUN SOUTH ALONG THE CENTERLINE OF WOODS AVENUE
635 TO THE INTERSECTION WITH THE CENTERLINE OF W ANDERSON
636 STREET; THENCE RUN WEST ALONG THE CENTERLINE OF W
637 ANDERSON STREET TO THE INTERSECTION WITH THE
638 CENTERLINE OF EASY AVENUE; THENCE RUN SOUTH ALONG THE
639 CENTERLINE OF EASY AVENUE TO THE INTERSECTION WITH THE
640 CENTERLINE OF CONLEY STREET; THENCE RUN WEST ALONG THE
641 CENTERLINE OF CONLEY STREET TO THE INTERSECTION WITH
642 THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 11,
643 BLOCK E, JAMES A. WOOD'S SUBDIVISION, ACCORDING TO THE
644 PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 48, OF
645 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
646 RUN SOUTH ALONG THE NORTHERLY EXTENSION OF THE EAST
647 LINE AND ALONG THE EAST LINE OF SAID LOT 11 AND THE
648 EAST LINE OF LOT 14 OF SAID BLOCK E AND THE EXTENSION
649 OF SAID EAST LINE TO THE INTERSECTION WITH THE
650 CENTERLINE OF W CYPRESS STREET; THENCE RUN EAST ALONG
Page 26 of 45
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651 THE CENTERLINE OF W CYPRESS STREET TO THE INTERSECTION
652 WITH THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT
653 10, BLOCK F, OF SAID JAMES A. WOOD'S SUBDIVISION;
654 THENCE RUN SOUTH ALONG THE NORTHERLY EXTENSION OF THE
655 EAST LINE OF SAID LOT 10 TO THE SOUTHEAST CORNER OF
656 SAID LOT 10, BLOCK F, ALSO BEING THE NORTHEAST CORNER
657 OF LOT 15, BLOCK F; THENCE RUN EAST ALONG THE NORTH
658 LINE OF LOTS 16-24 OF SAID BLOCK F AND ALONG THE
659 EXTENSION THEREOF TO THE INTERSECTION WITH THE
660 CENTERLINE OF WOODS AVENUE; THENCE RUN SOUTH ALONG THE
661 CENTERLINE OF WOODS AVENUE TO THE INTERSECTION WITH
662 THE CENTERLINE OF W GORE STREET; THENCE RUN WEST ALONG
663 THE CENTERLINE OF W GORE STREET TO THE INTERSECTION
664 WITH THE CENTERLINE OF U.S. HIGHWAY 441, SOUTH ORANGE
665 BLOSSOM TRAIL; THENCE RUN SOUTH ALONG THE CENTERLINE
666 OF U.S. HIGHWAY 441, SOUTH ORANGE BLOSSOM TRAIL TO THE
667 INTERSECTION WITH THE CENTERLINE OF GRAND STREET;
668 THENCE RUN WEST ALONG THE CENTERLINE OF GRAND STREET
669 TO THE INTERSECTION WITH EAST RIGHT-OF-WAY LINE OF S
670 RIO GRANDE AVENUE; THENCE RUN NORTH ALONG THE EAST
671 RIGHT-OF-WAY LINE OF S RIO GRANDE AVENUE A DISTANCE OF
672 675 FEET, THENCE DEPARTING THE EAST RIGHT-OF-WAY LINE
673 OF S RIO GRANDE AVENUE, RUN WEST TO THE SOUTH EAST
674 CORNER OF LOT 1, BARKER PARK, ACCORDING TO THE PLAT
675 THEREOF AS RECORDED IN PLAT BOOK 36, PAGES 38-39 OF
Page 27 of 45
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676 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID
677 POINT BEING A RECOVERED AXLE AS DENOTED ON SAID PLAT;
678 THENCE RUN WEST ALONG THE SOUTH LINE AND EXTENSION
679 THEREOF TO THE WEST LINE OF THE NORTHER POINT OF SAID
680 LOT 1, ALSO BEING THE EAST LINE OF LOT 12, BLOCK F,
681 BUNCHE MANOR, ACCORDING TO THE PLAT THEREOF AS
682 RECORDED IN PLAT BOOK U, PAGE 32 OF THE PUBLIC RECORDS
683 OF ORANGE COUNTY, FLORIDA; THENCE RUN NORTH ALONG THE
684 WESTERN PERIMETER OF THE PLAT OF SAID BARKER PARK TO
685 THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF
686 GORE STREET AS DENOTED ON SAID PLAT; THENCE RUN
687 NORTHWEST TO THE SOUTHEAST CORNER OF LOT 15, BLOCK B
688 OF SAID BUNCHE MANOR; THENCE RUN NORTH ALONG THE EAST
689 LINE OF SAID LOT 15 TO THE NORTHEAST CORNER OF SAID
690 LOT 15; THENCE RUN WEST ALONG THE NORTH LINE OF SAID
691 LOT 15 TO THE NORTHWEST CORNER OF SAID LOT 15, ALSO
692 BEING THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK B;
693 THENCE RUN NORTH ALONG THE WEST LINE OF SAID LOT 7 TO
694 THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF
695 ORANGE CENTER BOULEVARD; THENCE RUN WEST ALONG THE
696 SOUTH RIGHT-OF-WAY LINE OF ORANGE CENTER BOULEVARD TO
697 THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE
698 CENTERLINE OF S OHIO AVENUE LYING NORTH OF ORANGE
699 CENTER BOULEVARD; THENCE RUN NORTH ALONG THE SOUTHERLY
700 EXTENSION OF THE CENTERLINE OF S OHIO AVENUE TO THE
Page 28 of 45
CODING: Words stricken are deletions; words underlined are additions.
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701 INTERSECTION WITH THE CENTERLINE OF JACOBS PLACE;
702 THENCE RUN EAST ALONG THE CENTERLINE OF JACOBS PLACE
703 TO THE INTERSECTION OF THE CENTERLINE OF S TEXAS
704 AVENUE, ALSO BEING ; THENCE RUN NORTH ALONG THE
705 CENTERLINE OF S TEXAS AVENUE AND THE EXTENSION
706 THEREOF TO THE POINT WHERE IT INTERSECTS WITH THE
707 WESTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF
708 LONG STREET; THENCE RUN EAST ALONG THE WESTERLY
709 EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF LONG
710 STREET AND THE SOUTH RIGHT-OF-WAY LINE THEREOF TO THE
711 NORTHWEST CORNER OF LOT 1, WEST LAKE EARLY LEARNING
712 CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
713 PLAT BOOK 99, PAGE 75 OF THE PUBLIC RECORDS OF ORANGE
714 COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE WEST LINE
715 OF SAID LOT 1, ALSO BEING ON THE NORTH LINE OF LOT 1,
716 BLOCK A, TAMORANGE, ACCORDING TO THE PLAT THEREOF AS
717 RECORDED IN PLAT BOOK 1, PAGE 19, OF THE PUBLIC
718 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN EAST
719 ALONG THE NORTH LINE OF SAID LOT 1, BLOCK A, TO THE
720 NORTHEAST CORNER OF SAID LOT 1, BLOCK A; THENCE RUN
721 EAST ACROSS THE RIGHT-OF-WAY OF S LAKELAND AVENUE TO
722 THE SOUTHWEST CORNER OF LOT 7, BLOCK A, AVON HEIGHTS,
723 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
724 H, PAGE 125 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
725 FLORIDA; THENCE RUN EAST ALONG THE SOUTH LINE OF SAID
Page 29 of 45
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726 LOT 7 TO THE SOUTHEAST CORNER OF SAID LOT 7, BLOCK A;
727 THENCE RUN NORTH ALONG THE EAST LINE OF LOTS 7-12 OF
728 SAID BLOCK A AND THE EXTENSION THEREOF TO THE
729 INTERSECTION WITH THE CENTERLINE OF LONG STREET;
730 THENCE RUN EAST ALONG THE CENTERLINE OF LONG STREET TO
731 THE INTERSECTION WITH THE CENTERLINE OF S TAMPA
732 AVENUE; THENCE RUN NORTH ALONG THE CENTERLINE OF S
733 TAMPA AVENUE TO THE INTERSECTION WITH THE CENTERLINE
734 OF STATE ROAD 408; THENCE RUN NORTHWESTERLY ALONG THE
735 CENTERLINE OF STATE ROAD 408 TO THE INTERSECTION WITH
736 THE SOUTHERLY EXTENSION OF THE WESTERNMOST LINE OF LOT
737 1, JUPITER LODGE, ACCORDING TO THE PLAT THEREOF AS
738 RECORDED IN PLAT BOOK 50, PAGE 102 OF THE PUBLIC
739 RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN NORTH
740 ALONG THE SOUTHERLY EXTENSION OF THE WESTERNMOST LINE
741 OF SAID LOT 1, JUPITER LODGE, ALSO BEING ON THE EAST
742 RIGHT-OF-WAY LINE OF S LAKELAND AVENUE; THENCE RUN
743 NORTH TO THE SOUTHWEST CORNER OF LOT 29, BLOCK AA,
744 FARRADALE, ACCORDING TO THE PLAT THEREOF AS RECORDED
745 IN PLAT BOOK K, PAGE 7 OF THE PUBLIC RECORDS OF ORANGE
746 COUNTY, FLORIDA; THENCE RUN EAST ALONG THE SOUTH LINE
747 OF SAID LOT 29 TO THE SOUTHEAST CORNER; THENCE RUN
748 NORTH ALONG THE EAST LINE OF LOTS 29-32 OF SAID BLOCK
749 AA TO THE NORTHERNMOST LINE OF SAID LOT 1, JUPITER
750 LODGE; THENCE RUN EAST ALONG THE NORTHERNMOST LINE OF
Page 30 of 45
CODING: Words stricken are deletions; words underlined are additions.
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HB 1433 2022
751 SAID LOT 1 TO THE WEST RIGHT-OF-WAY LINE OF S TAMPA
752 AVENUE; THENCE RUN NORTH ALONG THE WEST RIGHT-OF-WAY
753 LINE OF S TAMPA AVENUE TO THE SOUTHEAST CORNER OF LOT
754 1, BLOCK 5, L.J. DOLLINS' SUBDIVISION, ACCORDING TO
755 THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 102
756 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
757 THENCE RUN WEST ALONG THE SOUTH LINE OF LOTS 1-2 OF
758 SAID BLOCK 5 TO THE SOUTHWEST CORNER OF SAID LOT 2;
759 THENCE RUN NORTH ALONG THE WEST LINE OF SAID LOT 2 AND
760 THE NORTHERLY EXTENSION THEREOF TO THE SOUTH RIGHT -OF-
761 WAY LINE OF W PINE STREET; THE RUN WEST ALONG THE
762 SOUTH RIGHT-OF-WAY LINE OF W PINE STREET TO THE WEST
763 RIGHT-OF-WAY LINE OF S DOLLINS AVENUE; THENCE RUN
764 SOUTH ALONG THE WEST RIGHT-OF-WAY LINE OF S DOLLINS
765 AVENUE TO THE INTERSECTION WITH THE CENTERLINE OF W
766 JACKSON STREET; THENCE RUN WEST ALONG THE CENTERLINE
767 OF W JACKSON STREET TO THE INTERSECTION WITH THE
768 SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 13, BLOCK
769 6, OF AFORESAID L.J. DOLLINS' SUBDIVISION; THENCE RUN
770 NORTH ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE
771 OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 13;
772 THENCE RUN WEST ALONG THE NORTH LINE OF LOTS 13, 12,
773 11, OF SAID BLOCK 6 AND THE EXTENSION THEREOF TO THE
774 CENTERLINE OF STATE ROAD 408; THENCE RUN NORTHWESTERLY
775 TO THE SOUTHEAST CORNER OF LOT 5, BLOCK 6, WESTFIELD,
Page 31 of 45
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776 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
777 M, PAGE 80, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
778 FLORIDA; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID
779 BLOCK 6 TO THE SOUTHWEST CORNER OF LOT 1, OF SAID
780 BLOCK 6, WESTFIELD; THENCE RUN WEST ACROSS THE RIGHT-
781 OF-WAY OF S OHIO AVENUE TO THE SOUTHEAST CORNER OF LOT
782 18, BLOCK 5; THENCE RUN WEST ALONG THE SOUTH LINE OF
783 LOTS 18 AND THE WESTERLY EXTENSION THEREOF TO THE
784 INTERSECTION WITH THE EAST LINE OF LOT 1, INDUS OFFICE
785 CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
786 PLAT BOOK 30, PAGE 56, AS RECORDED IN THE PUBLIC
787 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH
788 ALONG THE EAST LINE OF SAID LOT 1 AND LOT 2 OF SAID
789 INDUS OFFICE CENTER, ALSO BEING THE WEST RIGHT-OF-WAY
790 LINE OF SUN COURT; THENCE RUN WEST ALONG THE SOUTH
791 LINE OF SAID LOT 2 AND THE WESTERLY EXTENSION THEREOF
792 TO THE INTERSECTION OF THE CENTERLINE OF N JOHN YOUNG
793 PARKWAY; THENCE RUN NORTH ALONG THE CENTERLINE OF N
794 JOHN YOUNG PARKWAY TO THE INTERSECTION OF THE EASTERLY
795 EXTENSION OF THE SOUTH LINE OF LOT 2, GUARDIAN CARE
796 REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
797 PLAT BOOK 93, PAGE 142, OF THE PUBLIC RECORDS OF
798 ORANGE COUNTY, FLORIDA; THENCE RUN ALONG THE EASTERLY
799 EXTENSION OF THE SOUTH LINE OF SAID LOT 2 TO THE
800 SOUTHEAST CORNER OF SAID LOT 2; THENCE RUN WEST 100
Page 32 of 45
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HB 1433 2022
801 FEET ALONG THE SOUTH LINE OF SAID LOT 2; THENCE RUN
802 NORTH 100 FEET WEST OF AN PARALLEL TO THE EAST LINE OF
803 SAID GUARDIAN CARE REPLAT TO THE INTERSECTION WITH THE
804 SOUTH RIGHT OF WAY LINE OF W CHURCH STREET; THENCE RUN
805 NORTH ACROSS THE RIGHT-OF-WAY OF W CHURCH STREET TO
806 THE NORTH RIGHT-OF-WAY LINE OF W CHURCH STREET; THENCE
807 RUN WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF W CHURCH
808 STREET A DISTANCE OF 130 FEET; THENCE RUN NORTH 170
809 FEET; THENCE RUN EAST 250 FEET TO THE WEST RIGHT-OF-
810 WAY LINE OF N JOHN YOUNG PARKWAY; THENCE RUN
811 SOUTHEASTERLY ACROSS THE RIGHT-OF-WAY OF N JOHN YOUNG
812 PARKWAY TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 4,
813 AFORESAID WESTFIELD; THENCE RUN EAST ALONG THE SOUTH
814 LINE OF LOTS 2-7, BLOCK 4 AND THE EASTERLY EXTENSION
815 THEREOF TO THE SOUTHEAST CORNER OF LOT 8, BLOCK 3, OF
816 SAID WESTFIELD; THENCE RUN NORTH ALONG THE EAST LINE
817 OF SAID LOT 8, BLOCK 3 AND THE EXTENSION THEREOF TO
818 THE INTERSECTION WITH THE CENTERLINE OF W PINE STREET;
819 THENCE RUN EAST ALONG THE CENTERLINE OF W PINE STREET
820 TO THE INTERSECTION WITH THE CENTERLINE OF S TEXAS
821 AVENUE; THENCE RUN NORTH ALONG THE CENTERLINE OF S
822 TEXAS AVENUE TO THE INTERSECTION OF THE CENTERLINE OF
823 W CENTRAL BOULEVARD; THENCE RUN WEST ALONG THE
824 CENTERLINE OF W CENTRAL BOULEVARD TO THE INTERSECTION
825 WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT
Page 33 of 45
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826 24, WASHINGTON MANOR, ACCORDING TO THE PLAT THEREOF AS
827 RECORDED IN PLAT BOOK L, PAGE 147, AS RECORDED IN THE
828 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
829 NORTH ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE
830 OF SAID LOT 24 AND THE WEST LINE ITSELF TO THE
831 NORTHWEST CORNER OF SAID LOT 24; THENCE RUN EAST ALONG
832 THE NORTH LINE OF SAID LOT 24 AND LOTS 22 AND 22 OF
833 SAID WASHINGTON MANOR TO THE NORTHEAST CORNER OF SAID
834 LOT 22; THENCE RUN EAST ACROSS THE RIGHT-OF-WAY OF
835 BARLOW STREET TO THE SOUTHWEST CORNER OF LOT 18, OF
836 SAID WASHINGTON MANOR, ALSO BEING THE EAST RIGHT-OF-
837 WAY LINE OF BARLOW STREET; THENCE RUN NORTH ALONG THE
838 EAST RIGHT-OF-WAY LINE OF BARLOW STREET TO THE
839 NORTHWEST CORNER OF LOT 11, OF SAID WASHINGTON MANOR;
840 THENCE RUN WEST ACROSS THE RIGHT-OF-WAY OF BARLOW
841 STREET TO THE NORTHEAST CORNER OF LOT 32, OF SAID
842 WASHINGTON MANOR; THENCE RUN WEST ALONG THE NORTH LINE
843 OF SAID LOT 32 TO THE NORTHWEST CORNER OF SAID LOT 32;
844 SAID POINT ALSO BEING ON THE EAST LINE OF LOT 21,
845 NICHOLAS WAGNER'S SUB-DIVISION, ACCORDING TO THE PLAT
846 THEREOF AS RECORDED IN PLAT BOOK F, PAGE 60 OF THE
847 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
848 SOUTH ALONG THE EAST LINE OF LOTS 21-23, OF SAID
849 NICHOLAS WAGNER'S SUB-DIVISION TO THE SOUTHEAST CORNER
850 OF SAID LOT 23; THENCE RUN WEST ALONG THE SOUTH LINE
Page 34 of 45
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851 OF SAID LOT 23 TO THE SOUTHWEST CORNER OF SAID LOT 23;
852 THENCE RUN SOUTH ALONG THE WEST RIGHT-OF-WAY LINE OF S
853 OHIO STREET TO THE SOUTHWEST CORNER OF LOT 24 OF SAID
854 WASHINGTON MANOR; THENCE RUN WEST ACROSS THE RIGHT -OF-
855 WAY OF S OHIO STREET TO THE SOUTHEAST CORNER OF LOT
856 43, OF SAID NICHOLAS WAGNER'S SUB-DIVISION; THENCE RUN
857 WEST ALONG THE SOUTH LINE OF SAID LOT 43 TO THE
858 SOUTHWEST CORNER OF SAID LOT 43, ALSO BEING ON THE
859 WEST LINE OF THE PLAT; THENCE RUN NORTH ALONG THE WEST
860 LINE OF THE SAID NICHOLAS WAGNER'S SUB-DIVISION TO THE
861 SOUTHWEST CORNER OF LOT 34 OF SAID NICHOLAS WAGNER'S
862 SUB-DIVISION; THENCE RUN WEST 170 FEET; THENCE RUN
863 SOUTH TO THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD
864 408; THENCE RUN WEST TO THE INTERSECTION OF THE
865 CENTERLINE OF STATE ROAD 408 AND THE CENTERLINE OF N
866 JOHN YOUNG PARKWAY, ALSO BEING THE POINT OF BEGINNING.
867 LESS THE FOLLOWING:
868 BEGINNING AT THE NORTHWEST CORNER OF LOT 19, BLOCK 7,
869 SPRING LAKE TERRACE, ACCORDING TO THE PLAT THEREOF AS
870 RECORDED IN PLAT BOOK N, PAGE 6 OF THE PUBLIC RECORDS
871 OF ORANGE COUNTY, FLORIDA; THENCE RUN EAST ALONG THE
872 NORTH LINE OF LOTS 19-25 OF SAID BLOCK 7, TO THE
873 NORTHEAST CORNER OF SAID LOT 25; THENCE RUN SOUTH
874 ALONG THE EAST LINE OF SAID LOT 25 AND THE EXTENSION
875 THEREOF TO THE CENTERLINE OF ARLINGTON STREET; THENCE
Page 35 of 45
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HB 1433 2022
876 RUN EAST ALONG THE CENTERLINE OF ARLINGTON STREET TO
877 THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE
878 WEST LINE OF THE EAST ½ OF LOT 11, BLOCK A, ARLINGTON
879 TERRACE REPLAT, ACCORDING TO THE PLAT THEREOF AS
880 RECORDED IN PLAT BOOK R, PAGE 14 OF THE PUBLIC RECORDS
881 OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE
882 NORTHERLY EXTENSION OF THE WEST LINE AND ALONG THE
883 WEST LINE OF SAID EAST HALF OF LOT 11 TO THE SOUTH
884 LINE OF SAID LOT 11; THENCE RUN EAST ALONG THE SOUTH
885 LINE OF SAID LOT 11 AND THE SOUTH LINE OF LOT 12, OF
886 SAID BLOCK A TO THE SOUTHEAST CORNER OF SAID LOT 12;
887 THENCE RUN EAST TO THE CENTERLINE OF SPRINGDALE ROAD;
888 THENCE RUN SOUTH ALONG THE CENTERLINE OF SPRINGDALE
889 ROAD TO THE INTERSECTION OF THE CENTERLINE OF W
890 CONCORD STREET; THENCE RUN WEST ALONG THE CENTERLINE
891 OF W CONCORD STREET TO THE INTERSECTION WITH THE
892 NORTHERLY EXTENSION OF THE WEST LINE OF LOT 12, BLOCK
893 B, OF SAID ARLINGTON TERRACE REPLAT; THENCE RUN SOUTH
894 ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID
895 LOT 12 TO THE SOUTHWEST CORNER OF SAID LOT 12, THENCE
896 RUN EAST TO THE SOUTHEAST CORNER OF SAID LOT 12, SAID
897 POINT IS ALSO ON THE WEST RIGHT-OF-WAY LINE OF U.S.
898 HIGHWAY 441, N ORANGE BLOSSOM TRAIL; THENCE RUN SOUTH
899 ALONG THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 441,
900 N ORANGE BLOSSOM TRAIL TO THE NORTH LINE OF THE
Page 36 of 45
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HB 1433 2022
901 SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 27, 22
902 SOUTH, RANGE 29 EAST; THENCE RUN WEST ALONG THE NORTH
903 LINE OF SAID SOUTHWEST ¼ OF THE NORTHEAST 1/4 TO THE
904 EDGE OF WATER OF ROCK LAKE; THENCE RUN SOUTHERLY ALONG
905 THE EDGE OF WATER OF ROCK LAKE TO THE NORTHEAST CORNER
906 OF LOT 9, BLOCK A, KING GROVE SUBDIVISION, ACCORDING
907 TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK R, PAGE
908 40, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
909 THENCE RUN SOUTH ALONG THE EAST LINE OF SAID LOT 9 TO
910 THE SOUTHEAST CORNER OF SAID LOT 9; THENCE RUN SOUT H
911 ACROSS THE RIGHT-OF-WAY OF W ROBINSON STREET TO THE
912 NORTHEAST CORNER OF BLOCK B, SAID KING GROVE
913 SUBDIVISION; THENCE RUN SOUTH ALONG THE EAST LINE OF
914 SAID BLOCK B TO THE NORTH THE NORTH RIGHT-OF-WAY LINE
915 OF W WASHINGTON STREET; THENCE RUN WEST ALONG THE
916 NORTH RIGHT-OF-WAY LINE OF W WASHINGTON STREET TO THE
917 SOUTHEAST CORNER OF LOT 1, ORLANDO UNION RESCUE
918 MISSION ON ROCK LAKE, ACCORDING TO THE PLAT THEREOF AS
919 RECORDED IN PLAT BOOK 76, PAGE 48, OF THE PUBLIC
920 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN NORT H
921 ALONG THE EAST LINE OF SAID LOT 1 TO THE EDGE OF WATER
922 OF ROCK LAKE; THENCE RUN WESTERLY ALONG THE EDGE OF
923 WATER OF ROCK LAKE TO THE NORTH LINE OF SAID LOT 1,
924 ORLANDO RESCUE MISSION ON ROCK LAKE; THENCE RUN WEST
925 ALONG THE NORTH LINE AND THE EXTENSION THEREOF TO THE
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926 INTERSECTION OF THE CENTERLINE OF N TAMPA AVENUE;
927 THENCE RUN SOUTH ALONG THE CENTERLINE OF N TAMPA
928 AVENUE TO THE INTERSECTION WITH A POINT THAT IS 123
929 FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF W
930 WASHINGTON STREET; THENCE RUN WEST 123 FEET NORTH OF
931 AN PARALLEL TO THE NORTH RIGHT-OF-WAY OF W WASHINGTON
932 STREET TO THE EAST LINE OF HIBBS SUBDIVISION,
933 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
934 P, PAGE 77, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
935 FLORIDA; THENCE RUN SOUTH ALONG THE EAST LINE OF SAID
936 HIBBS SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 6, OF
937 SAID HIBBS SUBDIVISION; THENCE RUN WEST ALONG THE
938 SOUTH LINE OF SAID LOT 6 TO THE SOUTHWEST CORNER OF
939 SAID LOT 6; THENCE RUN NORTHWEST ACROSS THE RIGHT-OF-
940 WAY OF N LAKELAND AVENUE TO THE SOUTHEAST CORNER OF
941 LOT 7 OF SAID HIBBS SUBDIVISION; THENCE RUN ALONG THE
942 NORTH LINE OF LOTS 7 AND 8 OF SAID HIBBS SUBDIVISION
943 TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE RUN
944 SOUTH ALONG THE WEST LINE OF SAID LOT 8 TO THE
945 NORTHEAST CORNER OF LOT 13 OF SAID HIBBS SUBDIVISION;
946 THENCE RUN WEST ALONG THE NORTH LINE OF LOTS 13-21 OF
947 SAID HIBBS SUBDIVISION TO THE NORTHWEST CORNER OF SAID
948 LOT 21; THENCE RUN NORTH ALONG THE WEST LINE OF SAID
949 HIBBS SUBDIVISION AND THE EXTENSION THERE OF TO THE
950 INTERSECTION WITH THE CENTERLINE OF W ROBINSON STREET;
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951 THENCE RUN WEST ALONG THE CENTERLINE OF W ROBINSON
952 STREET TO THE INTERSECTION WITH THE SOUTHERLY
953 EXTENSION OF THE WEST LINE OF THE PLAT TAMPA TERRACE
954 FIRST ADDITION, ACCORDING TO THE PLAT THEREOF AS
955 RECORDED IN PLAT BOOK V, PAGE 7, OF THE PUBLIC RECORDS
956 OF ORANGE COUNTY, FLORIDA; THENCE RUN NORTH ALONG THE
957 SOUTHERLY EXTENSION OF THE WEST LINE OF SAID PLAT AND
958 THE WEST LINE THEREOF TO THE NORTHWEST CORNER OF SAID
959 PLAT TAMPA TERRACE FIRST ADDITION; THENCE RUN EAST
960 ALONG THE NORTH LINE OF SAID TAMPA TERRACE AND THE
961 EXTENSION THEREOF TO THE INTERSECTION WITH THE
962 CENTERLINE OF N TAMPA AVENUE; THENCE RUN NORTH ALONG
963 THE CENTERLINE OF N TAMPA AVENUE TO THE INTERSECTION
964 WITH THE CENTERLINE OF W AMELIA STREET; THENCE RUN
965 WEST ALONG THE SOUTH LINE AND EXTENSION THEREOF
966 WESTCHESTER MANOR, ACCORDING TO THE PLAT THEREOF AS
967 RECORDED IN PLAT BOOK T, PAGE 62 OF THE PUBLIC RECORDS
968 OF ORANGE COUNTY, FLORIDA, A DISTANCE 1320 FEET;
969 THENCE RUN NORTH ALONG THE EAST LINE OF JOHN YOUNG
970 COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS
971 RECORDED IN PLAT BOOK 17, PAGE 39 OF THE PUBLIC
972 RECORDS OF ORANGE COUNTY, FLORIDA, A DISTANCE OF 530
973 FEET TO THE NORTHWEST CORNER OF LOT 4 OF SAID JOHN
974 YOUNG COMMERCE CENTER; THENCE RUN WEST 186 FEET ALONG
975 THE NORTH LINE OF SAID LOT 4; THENCE RUN NORTH 400
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976 FEET TO THE INTERSECTION WITH THE WESTERLY EXTENSION
977 OF THE NORTH LINE OF AFORESAID WESTCHESTER MANOR,
978 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
979 T, PAGE 62; THENCE RUN EAST ALONG THE WESTERLY
980 EXTENSION OF THE NORTH LINE OF SAID WESTCHESTER MANOR
981 AND THE NORTH LINE ITSELF AND THE EASTERLY EXTENSION
982 THEREOF TO THE INTERSECTION WITH THE CENTERLINE OF N
983 TAMPA AVENUE; THENCE RUN NORTH ALONG THE CENTERLINE OF
984 SAID N TAMPA AVENUE TO THE INTERSECTION OF THE
985 WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 18, BLOCK
986 A, GURNEYS ADDITION TO SPRING LAKE MANOR, ACCORDING TO
987 THE PLAT THEREOF AS RECORDED IN PLAT BOOK T, PAGE 34
988 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
989 THENCE RUN EAST ALONG THE WESTERLY EXTENSION OF THE
990 SOUTH LINE OF SAID LOT 18, BLOCK A, AND THE SOUTH LINE
991 THEREOF TO THE SOUTHEAST CORNER OF SAID LOT 18, BLOCK
992 A; THENCE RUN NORTH ALONG THE EAST LINE OF SAID LOT
993 18, BLOCK A, TO THE INTERSECTION WITH THE SOUTH LINE
994 OF LOT 2, OF SAID BLOCK A; THENCE RUN EAST ALONG THE
995 SOUTH LINE OF LOTS 2-7, OF SAID BLOCK A, TO THE
996 INTERSECTION WITH THE WEST LINE OF LOT 9, SAID BLOCK
997 A; THENCE RUN SOUTH ALONG SAID WEST LINE TO THE
998 SOUTHWEST CORNER OF SAID LOT 9; THENCE RUN EAST ALONG
999 THE SOUTH LINE OF SAID LOT 9 TO THE SOUTHEAST CORNER
1000 OF SAID LOT 9; THENCE RUN EAST ACROSS THE RIGHT-OF-WAY
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1001 OF VERN DRIVE TO THE NORTHWEST CORNER OF LOT 8, BLOCK
1002 A, SPRING LAKE MANOR, ACCORDING TO THE PLAT THEREOF AS
1003 RECORDED IN PLAT BOOK S, PAGE 11, OF THE PUBLIC
1004 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN EAST
1005 ALONG THE NORTH LINE OF LOTS 8, 7, 6, AND 5 OF SAID
1006 BLOCK A, TO THE NORTHEAST CORNER OF SAID LOT 5, BLOCK
1007 A; THENCE RUN EAST ACROSS THE RIGHT-OF-WAY OF
1008 KITTREDGE DRIVE TO THE NORTHWEST CORNER OF LOT 6,
1009 BLOCK B, OAKDALE PARK SUBDIVISION, ACCORDING TO THE
1010 PLAT THEREOF AS RECORDED IN PLAT BOOK R, PAGE 6, OF
1011 THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE
1012 RUN EAST ALONG THE NORTH LINE OF LOTS 6, 5, 4, AND 3,
1013 OF SAID BLOCK B, TO THE NORTHEAST CORNER OF SAID LOT
1014 3; THENCE RUN SOUTHEAST ACROSS THE RIGHT-OF-WAY OF N
1015 RIO GRANDE AVENUE TO A POINT ON THE EAST RIGHT-OF-WAY
1016 LINE OF N RIO GRANDE AVENUE AND THE INTERSECTION WITH
1017 THE NORTH LINE OF THE SOUTH 75 FEET OF LOT 1, COUNTRY
1018 CLUB ESTATES REPLAT, ACCORDING TO THE PLAT THEREOF AS
1019 RECORDED IN PLAT BOOK Q, PAGE 70 OF THE PUBLIC RECORDS
1020 OF ORANGE COUNTY, FLORIDA; THENCE RUN EAST ALONG THE
1021 NORTH LINE OF SAID SOUTH 75 FEET OF LOT 1 TO THE WEST
1022 RIGHT-OF-WAY LINE OF RAMONA LANE; THENCE RUN NORTHEAST
1023 TO THE NORTHWEST CORNER OF LOT 19, BLOCK 7, AFORESAID
1024 SPRING LAKE TERRACE; SAID POINT ALSO BEING THE POINT
1025 OF BEGINNING.
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1026 ALSO LESS THE FOLLOWING:
1027 LOTS 3-11, BLOCK A, LORNA DOONE PARK REPLAT, ACCORDING
1028 TO THE PLAT THERE OF AS RECORDED IN PLAT BOOK Q, PAGE
1029 110, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
1030 LOTS 1-15, BLOCK B, OF SAID LORNA DOONE PARK REPLAT;
1031 LOTS 1-16, BLOCK C, OF SAID LORNA DOONE PARK REPLAT;
1032 LOTS 17-24, BLOCK D, OF SAID LORNA DOONE PARK REPLAT
1033 TOGETHER WITH THE RIGHT-OF-WAY OF HALBE AVENUE, WILBE
1034 AVENUE, JAMIL AVENUE LYING BETWEEN THE LOTS DEFINED
1035 HEREWITHIN OF SAID PLAT.
1036 ALSO LESS THE FOLLOWING:
1037 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF
1038 MONTE CARLO TRAIL AND THE EAST RIGHT-OF-WAY LINE OF S
1039 RIO GRANDE AVENUE, THENCE RUN NORTH ALONG THE EAST
1040 RIGHT-OF-WAY LINE OF S RIO GRANDE AVENUE AND THE WEST
1041 LINE OF BLOCK A, PANSY ADDITION, ACCORDING TO THE PLAT
1042 THEREOF AS RECORDED IN PLAT BOOK H, PAGE 91, OF THE
1043 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; TO THE NORTH
1044 LINE OF THE SOUTH 20 FEET OF LOT 6, BLOCK A, OF SAID
1045 PANSY PARK; THENCE RUN EAST ALONG THE NORTH LINE OF
1046 THE SAID SOUTH 20 FEET OF LOT 6, BLOCK A TO THE EAST
1047 LINE OF SAID LOT 6, THENCE RUN NORTH ALONG THE EAST
1048 LINE OF SAID LOT 6 AND THE EXTENSION THEREOF A
1049 DISTANCE OF 60 FEET; THENCE RUN EAST TO THE
1050 INTERSECTION WITH THE EAST LINE OF BLOCK C, OF SAID
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1051 PANSY PARK; THENCE RUN SOUTH ALONG THE EAST LINE OF
1052 SAID BLOCK C, TO THE SOUTHEAST CORNER OF LOT 8, OF
1053 SAID BLOCK C, SAID POINT ALSO BEING THE NORTHWEST
1054 CORNER OF LOT 1, NOLEN'S ADDITION TO ORLANDO; THENCE
1055 RUN EAST ALONG THE NORTH LINE OF LOTS 1-6, OF SAID
1056 NOLEN'S ADDITION TO ORLANDO, TO THE NORTHEAST CORNER
1057 OF SAID LOT 6, THENCE RUN SOUTH ALONG THE EAST LINE OF
1058 SAID LOT 6 AND THE EXTENSION THEREOF TO THE CENTERLINE
1059 OF WINNIFRED STREET; THENCE RUN EAST ALONG THE
1060 CENTERLINE OF WINNIFRED STREET TO THE INTERSECTION
1061 WITH THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT
1062 17 OF SAID NOLEN'S ADDITION TO ORLANDO; THENCE RUN
1063 SOUTH ALONG THE NORTHERLY EXTENSION OF THE EAST LINE
1064 OF LOT 17 AND ALONG SAID EAST LINE AND THE SOUTHERLY
1065 EXTENSION THEREOF TO THE INTERSECTION OF THE
1066 CENTERLINE OF MONTE CARLO TRAIL; THENCE RUN WEST ALONG
1067 THE CENTERLINE OF MONTE CARLO TRAIL A DISTANCE OF 350
1068 FEET; THENCE RUN SOUTH TO THE NORTH LINE OF LOT 1,
1069 GRAND STREET SUBDIVISION, ACCORDING TO THE PLAT
1070 THEREOF AS RECORDED IN PLAT BOOK 101, PAGES 122-125,
1071 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
1072 THENCE RUN WEST ALONG THE NORTH LINE OF SAID LOT 1,
1073 ALSO REFERRED TO AS THE NORTH BOUNDARY LINE OF SAID
1074 OFFICIAL RECORD BOOK 1665, PAGE 253 OF THE PUBLIC
1075 RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN NORTH
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1076 ALONG THE NORTHERLY JOG OF SAID LOT 1 AND REFERENCED
1077 ON PLAT AS EAST BOUNDARY LINE OF SAID OFFICIAL RECORD
1078 BOOK 1665, PAGE 253 OF THE PUBLIC RECORDS OF ORANGE
1079 COUNTY, FLORIDA; TO THE SOUTHEAST CORNER OF LOT 3, OF
1080 AFORESAID PANSY PARK; THENCE RUN WEST ALONG THE SOUTH
1081 LINE OF LOT 3, 2, AND 1 OF SAID PANSY PARK; THENCE RUN
1082 SOUTH ALONG LOT 1, SAID GRAND STREET SUBDIVISION AND
1083 LABELED AS THE WEST BOUNDARY LINE PER SAID OFFICIAL
1084 RECORD BOOK 1665, PAGE 253, TO THE NORTH LINE OF LOT
1085 1, 1225 SOUTH RIO GRANDE AVENUE, ACCORDING THE PLAT
1086 THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 65 OF THE
1087 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
1088 WEST ALONG SAID LINE OF LOT 1 TO THE INTERSECTION WITH
1089 THE EAST RIGHT-OF-WAY LINE OF S RIO GRANDE AVENUE;
1090 THENCE RUN NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF S
1091 RIO GRANDE AVENUE TO THE INTERSECTION WITH THE
1092 CENTERLINE OF MONTE CARLO TRAIL, ALSO BEING THE POINT
1093 OF BEGINNING.
1094
1095 Section 2. Notwithstanding s. 561.20(1), Florida Statutes,
1096 the Division of Alcoholic Beverages and Tobacco of the
1097 Department of Business and Professional Regulation shall issue a
1098 special alcoholic beverage license to a bona fide restaurant in
1099 the SoDo District described in section 1 that is licensed by the
1100 Division of Hotels and Restaurants of the Department of Business
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1101 and Professional Regulation, occupies at least 1,800 square feet
1102 of contiguous space used as a part of the food service
1103 establishment, is equipped to serve meals to at least 80 persons
1104 at one time, and derives at least 51 percent of its gross food
1105 and beverage revenue from the sale of food and nonalcoholic
1106 beverages during the first 60-day operating period and each 12-
1107 month operating period thereafter. Failure of any licensee
1108 issued this special license to meet the required percentage of
1109 food and nonalcoholic beverage gross revenues during the covered
1110 operating period shall result in the revocation of the license
1111 or denial of the pending application for a permanent license of
1112 a licensee operating with a temporary license. A licensee whose
1113 license is revoked, an applicant whose pending application for a
1114 permanent license is denied, or any person required to qualify
1115 on the special alcoholic beverage license application is
1116 ineligible to have any interest in a subsequent application for
1117 such license for a period of 120 days after the date of the
1118 final denial or revocation.
1119 Section 3. This act shall take effect upon becoming a law.
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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 brewpub.
Provides guidelines for contract brewing and alternating proprietorship brewing.
The bill will have a 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 .
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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 Brewery 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:
The Revenue Estimating Conference (REC) estimates that the bill will cause a reduction to
licensing fees to the division by $800,000 in FY 22-23, and $900,000 for each subsequent fiscal
year through FY 26-27.26
26 Office of Economic & Demographic Research, Revenue Estimating Conference, 01/28/2022 Revenue Impact Results, p. 253,
Impact0128.pdf (state.fl.us) (last visited Jan. 29, 2022).
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The REC estimates that the bill will cause a reduction to excise taxes collected by the division by
between $48.4 million and $58 million in FY 22-23, $58.5 million in FY 23-24, and $59.9 million for
each subsequent fiscal year through FY 26-27.27
2. Expenditures:
The bill may cause an indeterminate increase in workload to the division for implementing new
procedures and overseeing contract and alternating proprietor arrangements.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact on 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
27 Id.
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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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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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REGULATORY REFORM SUBCOMMITTEE
HB 1451 by Rep. DiCeglie
Malt Beverages
AMENDMENT SUMMARY
February 3, 2022
Amendment 1 by Rep. DiCeglie (strike-all):
The strike-all removes the provisions which:
• Allowed brewpubs to serve their malt beverages on any of their licensed premises,
• Reduced excise taxes in certain circumstances, and
• Reduced license fees for certain craft breweries.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1451 (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 DiCeglie offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7
8 Section 1. Subsection (22) is added to section 561.01,
9 Florida Statutes, to read:
10 561.01 Definitions.—As used in the Beverage Law:
11 (22) "Barrel" means a quantity of 31 gallons.
12 Section 2. Paragraph (a) of subsection (3) of section
13 561.221, Florida Statutes, is amended to read:
14 561.221 Licensing of manufacturers and distributors as
15 vendors and of vendors as manufacturers; conditions and
16 limitations.—
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Amendment No. 1
17 (3)(a) Notwithstanding other provisions of the Beverage
18 Law, any vendor licensed in this state may be licensed as a
19 manufacturer of malt beverages upon a finding by the division
20 that:
21 1. The vendor will be engaged in brewing malt beverages at
22 a single location and in an amount which will not exceed 5,000
23 barrels of beer 10,000 kegs per year. For purposes of this
24 subsection, the term "keg" means 15.5 gallons.
25 2. The malt beverages so brewed will be sold to consumers
26 for consumption on the vendor's licensed premises or on
27 contiguous licensed premises owned by the vendor.
28 Section 3. Section 563.042, Florida Statutes, is created
29 to read:
30 563.042 Contract and Alternating Proprietorship Brewing.—
31 (1) As used in this section the term:
32 (a) "Alternating proprietorship brewing" means an
33 agreement between a guest brewer and host brewer wherein the
34 guest brewer manufactures malt beverages on the host brewer's
35 licensed premises.
36 (b) "Contract brewer" means a licensed manufacturer of
37 malt beverages who brews malt beverages on its licensed premises
38 for a contracting brewer.
39 (c) "Contract brewing" means an agreement wherein a
40 contracting brewer pays a contract brewer to produce malt
41 beverages.
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Amendment No. 1
42 (d) "Contracting brewer" means a licensed manufacturer of
43 malt beverages who contracts for the services of a co ntract
44 brewer.
45 (e) "Guest brewer" means a licensed manufacturer of malt
46 beverages who brews malt beverages at a host brewer's licensed
47 premises.
48 (f) "Host brewer" means a licensed manufacturer of malt
49 beverages who allows a guest brewer to brew malt be verages on
50 the manufacturer's licensed premises.
51 (2) The contract brewer:
52 (a) May enter into multiple contract brewing agreements
53 for the purpose of manufacturing malt beverages.
54 (b) Shall comply with all applicable federal and state
55 laws, including labeling laws.
56 (c) Shall pay all federal and state taxes on malt
57 beverages manufactured pursuant to this section upon removal of
58 the malt beverages from its licensed premises.
59 (d) Retains title to malt beverages produced under a
60 contract brewing agreement until such beverages are removed from
61 its licensed premises.
62 (e) Shall ensure that the contracting brewer's malt
63 beverages remain separate and identifiable from all other malt
64 beverages at all times.
65 (f) Notwithstanding any other provision of the Beverage
66 Law, may transfer malt beverages to the contracting brewer in an
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Amendment No. 1
67 amount up to the yearly production amount of the contracting
68 brewer's facility.
69 (g) Shall report to the division by the 10th day of each
70 month the volume of each label of malt beverages manufactured on
71 its licensed premises under the contract brewing agreement.
72 (3) The contracting brewer:
73 (a) May only engage in the manufacture of malt beverages
74 on its duly licensed premises and on the licensed premises of a
75 contract brewer disclosed under paragraph (4)(a).
76 (b) Shall report to the division by the 10th day of each
77 month the volume of each label of malt beverages manufactured on
78 the licensed premises of the contract brewer under the contract
79 brewing agreement.
80 (4) The contract brewer and contracting brewer:
81 (a) Must, before engaging in contract brewing, notify the
82 division, on forms provided by the division, of their intent to
83 operate as a contract brewer or contracting brewer and disclose
84 the location of the licensed premises where brewing will occur.
85 (b) Shall maintain all records required to be kept by
86 manufacturers of malt beverages under the Beverage Law.
87 (c) Notwithstanding any other provision of the Beverage
88 Law, shall comply with s. 561.221(2)(c).
89 (5) The host brewer shall report to the division by the
90 10th day of each month the volume of each label of malt
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Amendment No. 1
91 beverages manufactured on its licensed premises under the
92 alternating proprietorship brewing agreement.
93 (6) The guest brewer:
94 (a) Shall comply with all applicable federal and state
95 laws, including labeling laws.
96 (b) Shall pay all federal and state taxes on malt
97 beverages manufactured pursuant to this section upon removal of
98 the malt beverages from the host brewer's licensed premises.
99 (c) Retains title to malt beverages manufactured under an
100 alternating proprietorship brewing agreement.
101 (d) Shall report to the division by the 10th day of each
102 month the volume of each label of malt beverages manufactured at
103 each licensed premises under each alternating proprietorship
104 brewing agreement.
105 (7) Before engaging in alternating proprietorship brewing,
106 the host brewer and guest brewer:
107 (a) Must each qualify as a brewer with the Alcohol and
108 Tobacco Tax and Trade Bureau under the U.S. Department o f the
109 Treasury.
110 (b) Shall submit to the division, on forms provided by the
111 division, information identifying:
112 1. The host brewer.
113 2. The guest brewer.
114 3. The location where the alternating proprietorship
115 brewing will take place.
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116 4. The location where any product brewed pursuant to the
117 alternating proprietorship brewing agreement will be stored.
118 5. The amount of malt beverages to be produced under the
119 alternating proprietorship brewing agreement.
120 6. The timeframe in which the guest brewer will be
121 manufacturing malt beverages on the host brewer's licensed
122 premises.
123 7. Proof of occupancy rights to the host brewer's licensed
124 premises for the duration of the alternating proprietorship
125 brewing agreement.
126 8. Any other information reasonably deemed necessary by
127 the division to ensure the health, safety, and welfare of the
128 public or to ensure that all applicable taxes on the malt
129 beverages produced pursuant to an alternating proprietorship
130 brewing agreement are remitted to the state.
131 (8) Each entity engaged in the activities described in
132 this section shall maintain records including:
133 (a) Any agreement authorizing the manufacturing and
134 transfer of malt beverages.
135 (b) Records of the total volume, in gallons, manufactured
136 as part of the agreement.
137 (c) Any other records required by the Division to ensure
138 compliance with the provisions of the Beverage Law.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1451 (2022)
Amendment No. 1
139 (9) Manufacturers or vendors licensed pursuant to the s.
140 561.221(3)(a) may not engage in contract brewing or alternating
141 proprietorship brewing.
142 Section 4. Subsection (2) of section 563.045, Florida
143 Statutes, is amended to read:
144 563.045 Brands or labels to be registered; qualification
145 to do business; fee; revocation.—
146 (2) The each registrant shall pay an annual registration
147 fee for a brand or label sold to a distributor is of $30 for a
148 brand or label. No other annual registration fee for a brand or
149 label is authorized under this section. Any registration may be
150 suspended or revoked in the same manner as a beverage license
151 for any violation of the Beverage Law.
152 Section 5. Subsection (2) of section 563.02, Florida
153 Statutes, is amended to read:
154 563.02 License fees; vendors; manufacturers and
155 distributors.—
156 (2) Each manufacturer engaged in the business of brewing
157 only malt beverages shall pay an annual state license tax of
158 $3,000 for each plant or branch he or she may operate. However,
159 each manufacturer engaged in the business of brewing less than
160 5,000 barrels 10,000 kegs of malt beverages annually for
161 consumption on the premises pursuant to s. 561.221(3) shall pay
162 an annual state license tax of $500 for each plant or branch.
163 Section 8. This act shall take effect July 1, 2022.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1451 (2022)
Amendment No. 1
164
165 -----------------------------------------------------
166 T I T L E A M E N D M E N T
167 Remove everything before the enacting clause and insert:
168 An act relating to malt beverages; amending s. 561.01, F.S.;
169 defining the term "barrel"; amending s. 561.221, F.S.; revising
170 the unit of measurement used for certain licensing purposes;
171 creating s. 563.042, F.S.; providing definitions; authorizing
172 certain manufacturers to enter into contract brewing and
173 alternating proprietorship brewing agreements; providing
174 responsibilities and requirements of parties under such
175 agreements; prohibiting specified parties from participating in
176 such agreements; authorizing the Division of Alcoholic Beverages
177 and Tobacco to adopt rules; amending s. 563.045, F.S.; providing
178 that the annual registration fee is required only if labels or
179 brands are sold to a distributor; specifying that no other
180 registration fee is authorized; amending s. 563.02, F.S.;
181 revising the unit of measurement used for certain fee purposes;
182 providing an effective date.
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HB 1497
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1497 City of Jacksonville, Duval County
SPONSOR(S): Duggan
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 16 Y, 0 N Mwakyanjala Miller
Subcommittee
2) Regulatory Reform Subcommittee Thompson Anstead
3) State Affairs Committee
SUMMARY ANALYSIS
Florida’s Beverage Law limits the number of “quota licenses” that the Department of Business and Professional
Regulation (DBPR) may issue per county. A quota license allows a business to serve any alcoholic beverage
regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law on the number of
licenses it may issue for businesses that serve only malt beverages and wine.
The bill creates and adds the Kings Avenue Commercial Corridor into the special zones created by special
laws located in downtown Jacksonville. The bill creates an exception to the quota limitation and requires DBPR
to issue a special food service license to a bona fide restaurant within Northside West, Northside East, and
Kings Avenue Commercial Corridor in Jacksonville that meets the following requirements: occupies at least
1,000 square feet of contiguous space, is equipped to serve meals to at least 50 persons at one time, and
derives at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic
beverages. Such licenses shall be subject to local zoning requirements and to any provision of the alcoholic
beverage laws of the state and rules of the division not inconsistent within the bill.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1497b.RRS
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Beverage Law
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. 1
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law.
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses s elling
malt beverages or wine. However, statute limits the number of licenses that may be issued under s.
565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three licenses
per county that has approved the sale of intoxicating liquors.2 This license, often referred to as a “quota
license,” allows a business to sell any alcoholic beverage regardless of alcoholic content, including
liquor or distilled spirits.3
There are several exceptions to the quota license limitation, 4 and businesses that meet the
requirements set out in one of the exceptions may be issued a special license by DBPR allowing the
business to serve any alcoholic beverages regardless of alcohol content. A food service establishment
may qualify for an exemption if the building has at least 2,500 square feet of service area, is equipped
to serve meals to 150 persons at one time, and derives at least 51 percent of its gross food and
beverage revenue from the sale of food and nonalcoholic beverages during the first 120-day operating
period and the first 12-month operating period thereafter.5
Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
premises.6 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
or other outdoor area for special events.7 The business must pay an application fee of $100, stipulate
the timeframe for the special event, submit a sketch outlining the expanded premises, and submit
written approval from the county or municipality.
Effect of the Bill
The bill amends ch. 87-471, Laws of Florida,8 and creates and adds the Kings Avenue Commercial
Corridor into the special zones located in downtown Jacksonville. The bill permits DBPR to issue a
special food service license to a bona fide restaurant within Northside West, Northside East, and Kings
Avenue Commercial Corridor in Jacksonville that occupies at least 1,000 square feet of contiguous
space, is equipped to serve meals to at least 50 persons at one time, and derives at least 51 percent of
its gross food and beverage revenue from the sale of food and nonalcoholic beverages. The bill
includes a complete legal description of the Kings Avenue Commercial Corridor and the area in which
the exemption to the quota license will apply. Licenses issued by DBPR shall be subject to local zoning
requirements and to any provision of the alcoholic beverage laws of the state and rules of the division
not inconsistent within the bill.
1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 565.02, F.S.
4 S. 561.20(2), F.S.
5 S. 561.20(2)(a)4.,F.S. See Rule 61A-3.0141, F.A.C.
6 See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to
include a sidewalk or any other outside area as part of the licensed premise).
7 S. 561.01(11), F.S.
8 As amended by chs. 2011-255, 2016-248, and 2017-213, Laws of Fla.
STORAGE NAME: h1497b.RRS PAGE: 2
DATE: 2/1/2022
According to the Economic Impact Statement, the bill is revenue positive due to the increase in sales
tax revenue and licensing revenue if such special licenses are granted under the exception.
B. SECTION DIRECTORY:
Section 1: Amends ch. 87-471, Laws of Fla., as amended, creating and adding the Kings Avenue
Commercial Corridor to the special zones located in downtown Jacksonville; provides a
property description. Creates an exception to general law, providing space, seating and
minimum gross revenues requirements for special alcoholic beverage licenses for
restaurants within Northside West, Northside East, and Kings Avenue Commercial
Corridor in Jacksonville.
Section 2: Provides an effective date of upon becoming law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? November 10, 2021.
WHERE? The Jacksonville Daily Record, a weekly newspaper published in Duval County,
Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
STORAGE NAME: h1497b.RRS PAGE: 3
DATE: 2/1/2022
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 1497 2022
1 A bill to be entitled
2 An act relating to the City of Jacksonville, Duval
3 County; amending ch. 87-471, Laws of Florida, as
4 amended; creating a special zone in downtown
5 Jacksonville; providing boundaries; providing an
6 exception to general law; providing space, seating,
7 and minimum gross revenue requirements for special
8 alcoholic beverage licenses for public food service
9 establishments in described areas; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Chapter 87-471, Laws of Florida, as amended by
15 chapters 2011-255, 2016-248, and 2017-213, Laws of Florida, is
16 amended to read:
17 Section 1. There are created special zones in downtown
18 Jacksonville covering the following described areas , known as
19 Northside West, Northside East, Southbank, Riverside Avondale
20 Urban Transition Area, and Riverside Avondale Commercial
21 Character Areas, Murray Hill Commercial Area, Springfield
22 Commercial Area, and San Marco Transportation Corridor, and
23 Kings Avenue Commercial Corridor for the purposes of this act.
24 The areas are described as:
25
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26 (1) The Northside West area is that part of the City
27 of Jacksonville, Duval County, Florida described as:
28
29 Begin at the point of intersection of the West right-
30 of-way line of Main Street, State Road No. 5, with the
31 South right-of-way line of West Bay Street; thence,
32 Westerly along said South right-of-way line of West
33 Bay Street to a line being a Southerly prolongation of
34 the West right-of-way line of Julia Street; thence
35 Northerly along said line and said West right-of-way
36 line of Julia Street to the South right-of-way line of
37 Forsyth Street; thence Westerly along said South
38 right-of-way line of Forsyth Street to the West right-
39 of-way line of Pearl Street; thence Northerly along
40 said West right-of-way line of Pearl Street to the
41 North right-of-way line of State Street; thence
42 Westerly and Northwesterly along said North right-of-
43 way line of State Street to the Northwesterly right -
44 of-way of Interstate 95 and State Road No. 9; thence
45 Southwesterly along said Northwesterly and Westerly
46 right-of-way line to an intersection with a line being
47 a Westerly prolongation of the Northeasterly right -of-
48 way line of that portion of Interstate 95 leading to
49 and from the Fuller Warren Bridge over the St. Johns
50 River; thence Southeasterly along said line and
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51 Northeasterly right-of-way line to the center line of
52 the St. Johns River; thence Northeasterly and Easterly
53 along said center line to the West right-of-way line
54 of the John T. Alsop (Main Street) Bridge; thence
55 Northerly along said West right-of-way line of the
56 John T. Alsop (Main Street) Bridge to the Point of
57 Beginning.
58
59 (2) The Northside East area is that part of the City
60 of Jacksonville, Duval County, Florida described as:
61
62 Begin on the west, Pearl Street extending from State
63 on the north to Forsyth Street on the south and Julia
64 Street from Forsyth on the north to Bay Street on the
65 south, and Main Street beginning at Bay Street on the
66 north and extending south to the St. Johns River. The
67 northern boundary is State Street, beginning at Pearl
68 Street, and extends eastward to Liberty Street at
69 which point the boundary extends eastward along the
70 Jacksonville Expressway to a point where the
71 Jacksonville Expressway intersects with the Haines
72 Street Expressway. Then north along the Haines Street
73 Expressway to Marshall Street, and then eastward along
74 Marshall Street to Talleyrand Avenue. North along
75 Talleyrand Avenue to Fairway Street, and then eastward
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76 along Fairway Street to the St. Johns River. The
77 eastern and southern boundaries are the St. Johns
78 River, beginning at Fairway Street and extending
79 southward to a point beyond the Hart Bridge, then
80 westward to Main Street at a point running north to
81 Bay Street and then west along Bay Street to Julia
82 Street, then north along Julia Street to Forsyth
83 Street, then extending west to Pearl Street.
84
85 (3) The Southbank area is that part of the City of
86 Jacksonville, Duval County, Florida described as:
87
88 Begin at the point of intersection of the North right -
89 of-way line of Gulf Life Drive with the West right-of-
90 way line of South Main Street, State Road No. 5;
91 thence westerly along said North right-of-way line of
92 Gulf Life Drive to the Northeasterly right-of-way line
93 of that portion of the Jacksonville Expressway leading
94 to and from the Acosta Bridge over the St. Johns
95 River; thence Southeasterly along said Northeasterly
96 right-of-way line to an intersection with a
97 Northeasterly prolongation of a line lying 60 feet
98 Southeasterly from, when measured at right angles to,
99 the Southeasterly face of the Prudential Building;
100 thence Southwesterly along said line and a
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101 Southwesterly prolongation thereof to an intersection
102 with the South right-of-way line of Prudential Drive;
103 then Easterly along said South right-of-way line of
104 Prudential Drive to an intersection with a
105 Northeasterly prolongation of the Westerly edge of the
106 Easternmost Baptist Medical Center driveway; thence
107 Southwesterly along said line and Westerly edge of
108 driveway and Southwesterly prolongation thereof to an
109 intersection with the Northerly right-of-way line of
110 Interstate 95, State Road No. 9; thence Easterly along
111 said Northerly right-of-way line to a point of
112 intersection with the Southwesterly edge of the
113 Southbound roadway of South Main Street; thence
114 Northeasterly along a line drawn straight from the
115 last described point to the Northwesterly corner of
116 Lot 18, Block 1, Bostwick's Subdivision of Block 46 in
117 South Jacksonville, as shown on plat recorded in Plat
118 Book 3, Page 68 of the Current Public Records of said
119 County, said Northwest corner being located in the
120 Northeasterly right-of-way line of the Northbound
121 approach to said South Main Street from said
122 Interstate 95; thence Southeasterly and Easterly along
123 said Northeasterly right-of-way line and Northerly
124 right-of-way line of Interstate 95 to an intersection
125 with the Southeasterly right-of-way line of Vine
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126 Street; thence Northeasterly along said Southeasterly
127 right-of-way line of Vine Street to the Northeasterly
128 line of that certain alley running Southeasterly
129 through Block 17, Reeds Fourth Subdivision of South
130 Jacksonville, as shown on plat recorded in Plat Book
131 1, Page 46 of the former public records of said
132 County; thence Southeasterly along said Northeasterly
133 alley line to an intersection with the Northwesterly
134 right-of-way line of Alamo Street; thence
135 Northeasterly along said Northwesterly right-of-way
136 line of Alamo Street and a Northeasterly prolongation
137 thereof to an intersection with the mean high water
138 line of the St. Johns River; thence Northwesterly
139 along said mean high water line to an intersection
140 with a line being a Northerly prolongation of the W est
141 face of the Gulf Life Insurance Company's parking
142 garage; thence Southerly along said line, said West
143 garage face, and a Southerly prolongation thereof to
144 an intersection with the North right-of-way line of
145 Gulf Life Drive; thence Westerly along said North
146 right-of-way line to the Northerly prolongation of the
147 Easterly right-of-way line of Flagler Avenue; thence
148 Northerly along said prolongation of the Easterly
149 right-of-way line of Flagler Avenue to an intersection
150 with a line being the Easterly prolongation of the
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151 South face of the multistory Hilton Hotel building;
152 thence Westerly along said line, the said South face
153 of the Hilton Hotel to the Westerly right-of-way line
154 of South Main Street; thence Southerly along said
155 Westerly right-of-way line of South Main Street to the
156 Point of Beginning.
157
158 (4) The Riverside Avondale Urban Transition Area is
159 that part of the Riverside Avondale Historic District
160 of the City of Jacksonville, Duval County, Florida
161 described as:
162
163 The area bound by Margaret Street to the west,
164 Dellwood Avenue and Interstate 95 to the north and
165 northeast, and the St. Johns River to the east and
166 south.
167
168 (5) The Riverside Avondale Commercial Character Areas
169 are those parts of the Riverside/Avondale Historic
170 District of the City of Jacksonville, Duval County,
171 Florida described as:
172
173 Riverside Avondale Commercial Character Area #1: Lot
174 22, Arden, according to the plat thereof as recorded
175 in Plat Book 5 Page 89 of the Current Public Records
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176 of Duval County, Florida. Block 22, Lots 3, 4, 5, and
177 6 Block 16, Fishweir Park, according to the plat there
178 of as recorded in Plat Book 3 Page 84 of the Current
179 Public Records of Duval County, Florida. A part of the
180 George Atkinson Grant, Section 58, Township 2 South,
181 Range 26 East Duval County, Florida as recorded in
182 Official Records: Book 10027 Page 872, Book 8723 Page
183 91, Book 14566 Page 1943, Book 8234 Page 171, Book
184 17088 Page 1988, Book 3153 Page 846, and Book 8558
185 Page 222
186
187 Riverside Avondale Commercial Character Area #2: Lots
188 10, 11, and 12 Block 104, Lots 7, 8, and 9 Block 121,
189 Riverside Heights, according to the plat thereof as
190 recorded in Plat Book 2 Page 61 of the Current Public
191 Records of Duval County, Florida. Lots 1, 2, 3, and 4
192 of BJ Skinner's Subdivision of Block 3 of Diterich's
193 Subdivision of part of the Hutchinson Grant according
194 to the plat thereof as recorded in Plat Book 8 Page 14
195 of the Current Public Records of Duval County,
196 Florida. Lots 7, 8 ,9, 10, 11, and 12 Block 2, Lots 6,
197 7, 8, 9, and 10 Block 1, St Johns Heights, according
198 to the plat thereof as recorded in Plat Book 3 Page 22
199 of the Current Public Records of Duval County,
200 Florida. Lots 1, 2, 3, 10, 11, and 12 Block 1
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201 Diterich's Subdivision of Lot 4 of the Hutchinson
202 Grant, Northwestern 65 feet of Lots 1 and 2, all of
203 Lot 3 Diterich's Replat of Lot 1 Block 8, Edgewood,
204 according to the plat thereof as recorded in Plat Book
205 2 Page 86 of the Current Public records of Duval
206 County, Florida. Lots 130, 131, and 132, Avondale,
207 according to the plat thereof as recorded in Plat Book
208 7 Page 31 of the Current Public Records of Duval
209 County, Florida.
210
211 Riverside Avondale Commercial Character Area #3: Lot 1
212 (Except any portion taken by the City of Jacksonville
213 for right of way purposes) Block A, North Riverside
214 Heights, according to the plat thereof as recorded in
215 Plat Book 2 Page 99 of the Current Public Records of
216 Duval County, Florida. Lots 4 and 5 Block 13, Lots 1,
217 2, 3, 4, 5, the North 1/2 of a closed alley lying
218 Southeasterly of said lots, and Lot 6 Block 14, Lots 1
219 and 2 Block 15, Lots 1, 36, 37, and 38 Block 16, St
220 Johns Heights, according to the plat thereof as
221 recorded in Plat Book 3 Page 22 of the Current Public
222 Records of Duval County, Florida. Lots 7, 8, and 9
223 Block 49, Riverside Heights, according to the plat
224 thereof as recorded in Plat Book 2 Page 61 of the
225 Current Public Records of Duval County, Florida. A
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226 portion of Eloise St closed and vacated by Ordinance
227 No. BB-153 of the City of Jacksonville, Florida.
228
229 Riverside Avondale Commercial Character Area #4: Lots
230 2, 3, 6, and part of Lot 7 recorded in Official Record
231 Book 9501 Page 290 Block 16. Lots 1, 4, 5, and part of
232 Lot 8 recorded in Official Record Book 9501 Page 292
233 Block 17, Ingleside Park, according to the plat
234 thereof as recorded in Plat Book 2 Page 77 of the
235 current Public Records of Duval County, Florida. Lots
236 9, 10, 11, 12, 13, 14, and 15 Block 3. Lots 6, 7
237 (except part in right of way), 8, 9, 10, 11, 12, 13,
238 14, and 15 Block 6. Lots 1, 2, and 3 Block 7, Willow
239 Brook Terrace, according to the plat thereof as
240 recorded in Plat Book 8 Page 36 of the Current Public
241 records of Duval County, Florida.
242
243 Riverside Avondale Commercial Character Area #5: Lot
244 7, Lots 8, 9, 10, and 11 (except parts in right of
245 way) Block 18, Central Addition to Riverside,
246 according to the plat thereof as recorded in Plat Book
247 6 Page 6 of the Current Public Records of Duval
248 County, Florida. Part of Lot 7 recorded in Official
249 Record Book 14809 Page 692, Lots 8, 9, and 10, Lot 11
250 and 12 (except parts in right of way), and Lot 13
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251 Block 1. Lot 8 (except part in right of way), Lots 9,
252 10, 11, 12, 13, 14, 15, and part of Lots 16, 17, and
253 18 recorded in Official Record Book 15097 Page1955
254 Block 2, Riverside Extension, according to the plat
255 thereof as recorded in Plat Book 6 Page 11 of the
256 Current Public Records of Duval County, Florida. Part
257 of Lot 6 recorded in Official Records Book 6934 Page
258 1451, Lots 7, 8, 9, and 10, Riverside Pines, according
259 to the plat thereof as recorded in Plat Book 17 Page
260 13 of the Current Public Records of Duval County,
261 Florida.
262
263 Riverside Avondale Commercial Character Area #6: Lots
264 7, 8, 9, 10, 11, and 12 of re-plat of Block 2,
265 Lightbody's Subdivision, according to the plat thereof
266 as recorded in Plat Book 6 Page 1 of the Current
267 Public records of Duval County, Florida. Lots 1, 2, 3,
268 and 4 Block 3, Lightbody's Subdivision, according to
269 the plat thereof as recorded in Plat Book 3 Page 95 of
270 the Current Public records of Duval County, Florida.
271 Lots 12 and 13, Re-plat of Lots 12 & 13 Block 8
272 Riverside Annex, according to the plat thereof as
273 recorded in Plat Book 9 Page 8 of the Current Public
274 records of Duval County, Florida. Lots 1, 2, 3, 4, 5,
275 6, 7, 8, 9, 10, 11, and 25, Shackelton's Subdivision
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276 of Block 8 Riverside Annex, according to the plat
277 thereof as recorded in Plat Book 2 Page 67 of the
278 Current Public records of Duval County, Florida. Lots
279 1, 2, 3, 4, 5, 6, 7, 8, 9, East 15FT Lot 10, West 35FT
280 Lot 11 Block 5. Lots 1, 2, 3, 4, 5, and 6 Block 6,
281 Riverside Annex, according to the plat thereof as
282 recorded in Plat Book 1 Page 106 of the Current Public
283 records of Duval County, Florida. Lots 1, 2, 3, 4, 5,
284 6, 7, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
285 28, and 29, Duval Company's Re-plat of Block 7
286 Riverside Annex, according to the plat thereof as
287 recorded in Plat Book 2 Page 90 of the Current Public
288 records of Duval County, Florida. That fractional part
289 of Park St located Southeasterly of lots 16 and 17
290 Duval Company's Re-plat of Block 7 Riverside Annex
291 known as Parcel C recorded in Official Record Book
292 16195 Page 2011. Closed alley within Plat Book 2 Page
293 90 closed by City of Jacksonville Ordinance No. 82 -
294 314-147. Tracts D and E. Lots 1, 2, 3, 4, 5, and 6
295 Block 6. Lots 1, 2, 3, and 4 Block 7. Lots 1, 2, 3, 4,
296 5, 6, 7, and 8 Block 8. Lots 2, 3, 4, 5, 6, 7, 8, 9,
297 10, 11, 12, 13, 14, 15, and closed alley recorded in
298 Official Record Book 11597-1171 Block 9. Lots 18, 19,
299 20, 21, 22, and 23 Block 12. Lots 14 and part closed
300 street lying South thereof, 15, 16, 17, 18, and 19
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301 Block 13, New Riverside, according to the plat thereof
302 as recorded in Plat Book 3 Page 54 of the Current
303 Public records of Duval County, Florida. Lots 1, 2,
304 and 3, Valz & Yerkes Subdivision, according to the
305 plat thereof as recorded in Plat Book 7 Page 32 of the
306 Current Public records of Duval County, Florida.
307 Parcels of land being part of Government Lot 4 in
308 Section 22, Township 2 South, Range 26 East, Duval
309 County Florida as described in Deed Book 127 Page177,
310 Deed Book 127 Page 178, Official record Book 754
311 Page176, Official Record Book 1140 Page 279, Official
312 Record Book 2314 Page 133, and Official Record Book
313 4024 Page 200.
314
315 Riverside Avondale Commercial Character Area #7: Lot 6
316 Block 83, Riverside, according to the plat thereof as
317 recorded in Plat Book 4 Page 6 of the Current Public
318 records of Duval County, Florida. The West 60FT and
319 the North 25FT of the East 10FT of Lot 7 and the North
320 25FT of the West 1/2 of Lot 6, Block 83, Riverside,
321 according to the plat thereof as recorded in Plat Book
322 2 Page 24 of the Current Public records of Duval
323 County, Florida. The East 50FT of the common area
324 parcel of the John Gorrie Condominium described in
325 Official record Book 15698 Page 444 of the Current
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326 Public Records of Duval County, Florida.
327
328 Riverside Avondale Commercial Character Area #8: All
329 of Lots 2 through 8, together with that portion of a
330 15FT alley (closed by ordinance 2002-393) lying
331 Southerly of said lots 7 and 8. Lots 1, 2, 3, 4, 5, 6,
332 7, 20, 21, 22 and part of a closed alley lying
333 southerly to Lots 6 and 7 and Easterly to Lots 6, 7,
334 and 22 Block 9. Fractional Lot 1 Block 11. Lots 1, 2,
335 3, 4, 5 and closed alley lying Easterly of Lots 6 & 26
336 Block 12 (except any part in right of way), R I CO's
337 addition to Riverside, according to the plat thereof
338 as recorded in Plat Book 5 Page 47 of the Current
339 Public Records of Duval County, Florida. Part of Lot
340 4, Riverside, according to the plat thereof as
341 recorded in Plat Book 1 Page 109 of the Current Public
342 Records of Duval County, Florida. West 1/2 Lot 5,
343 fractional Lot 6, and the West 1/2 of Lot 7 Block 102,
344 Riverside, according to the plat thereof as recorded
345 in Plat Book 4 Page 6 of the Current Public Records of
346 Duval County, Florida.
347
348 Riverside Avondale Commercial Character Area #9: Lots
349 1 through 10 Block 51. Lots 1, 2, 3, and part of Lot 4
350 recorded in Official Record Book 11528 Page 2345 Block
Page 14 of 125
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351 52, Riverside, according to the plat thereof as
352 recorded in Plat Book 1 Page 109 of the Current Public
353 Records of Duval County, Florida. A part of Oak Street
354 North of Block 51, plat of Riverside, as recorded in
355 Official record Book 9853 Page 1080 of the Public
356 Records of Duval County, Florida.
357
358 (6) The Murray Hill Commercial Area includes the
359 following properties in the City of Jacksonville,
360 Duval County, Florida:
361
362 Lots 9, 11 and 12, RIVERSIDE GARDENS, according to the
363 plat thereof as recorded in Plat Book 3, Page 67,
364 Public Records of Duval County, Florida.
365
366 Lots 13 and 14, Block 12, RIVERSIDE GARDENS, according
367 to the plat thereof as recorded in Plat Book 3, Page
368 67, Public Records of Duval County, Florida.
369
370 Lots 3, 4, 15, 16, 17 and 18, Block 12, RIVERSIDE
371 GARDENS, according to the plat thereof as recorded in
372 Plat Book 3, Page 67, Public Records of Duval County,
373 Florida; also that certain parcel abutting said lots
374 on the north and being formerly part of Gilmore Street
375 more particularly described in Deed Book 16304, Page
Page 15 of 125
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376 981, Public Records of Duval County, Florida; and A
377 parcel of land being a part of Lots 5 and 6, Block 12,
378 RIVERSIDE GARDENS, according to the plat thereof as
379 recorded in Plat Book 3, Page 67, Public Records of
380 Duval County, Florida, together with a part of Gilmore
381 Street as presently closed, said parcel being more
382 particularly described in Deed Book 16304, Page 981,
383 Public Records of Duval County, Florida.
384
385 Lot 19 and 20, Block 12, RIVERSIDE GARDENS, according
386 to the plat thereof as recorded in Plat Book 3, Page
387 67, Public Records of Duval County, Florida.
388
389 Part of Section 20, Township 2 South, Range 26 East,
390 Duval County, Florida, being more particularly
391 described as follows: commence at the intersection of
392 the northerly line of Lenox Avenue with the westerly
393 line of Edgewood Avenue; thence north 38 degrees, 44
394 minutes west, along said westerly line of Edgewood
395 Avenue 150 feet to the point of beginning; thence
396 continue north 38 degrees 44 minutes west, along said
397 westerly line of Edgewood Avenue 41.3 feet; thence
398 continue along said westerly line of Edgewood Avenue,
399 north 32 degrees 58 minutes west 165.1 feet to the
400 southerly line of the Jacksonville Expressway; thence
Page 16 of 125
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401 south 58 degrees 45 minutes 23 seconds west, along
402 said southerly line of the Jacksonville Expressway
403 452.11 feet; thence south 9 degrees 00 minutes east,
404 193.7 feet; thence north 61 degrees 30 minutes east,
405 537.42 feet to the point of beginning.
406
407 Part of Section 20, Township 2 South, Range 26 East,
408 Duval County, Florida, being more particularly
409 described as follows: commence at the intersection of
410 the Westerly line of Edgewood Avenue with the
411 Northerly line of Lenox Avenue; thence South 61
412 degrees, 30 minutes West, along said Northerly line of
413 Lenox Avenue, 272.5 feet to the point of beginning;
414 thence continue along said Northerly line of Lenox
415 Avenue, South 61 degrees, 30 minutes West, 281.33
416 feet, more or less, to the Northerly line of Dellwood
417 Avenue; thence South 87 degrees, 44 minutes West,
418 along said Northerly line of Dellwood Avenue, 59.16
419 feet; thence North 9 degrees, 00 minutes West, along
420 the Easterly line of the lands shown on Plat Book 7,
421 Page 4, of the Public Records of Duval County,
422 Florida, 128.45 feet; thence North 61 degrees, 30
423 minutes East, 264.92 feet; thence South 38 degrees, 44
424 minutes East, 150 feet to the point of beginning.
425
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426 Part of Section 20, Township 2 South, Range 26 East,
427 Duval County, Florida, described as follows: beginning
428 at the northwest corner of Edgewood Avenue and Lenox
429 Avenue and running westerly a distance of 150 feet
430 along the northerly line of Lenox Avenue for a point
431 of beginning, thence run northerly a distance of 150
432 feet parallel with Edgewood Avenue to a point; thence
433 run westerly a distance of 80 feet parallel with Lenox
434 Avenue; thence run southerly a distance of 150 feet
435 parallel with Edgewood Avenue to the northerly line of
436 Lenox Avenue, thence run easterly a distance of 80
437 feet along the northerly line of Lenox Avenue to the
438 point of beginning.
439
440 Part of Section 20, Township 2 South, Range 26 East,
441 Duval County, Florida, being more particularly
442 described as: for a point of beginning, commence at
443 the intersection of the southwest right-of-way line of
444 Edgewood Avenue (a 100 foot right-of-way as now
445 established) with the northwest right-of-way line of
446 Lenox Avenue (a 60 foot right-of-way as now
447 established) thence south 61 degrees 30 minutes 00
448 seconds west, along the Northwest right of way line of
449 said Lenox Avenue, a distance of 150.00 feet; thence
450 North 38 degrees 44 minutes 00 seconds west departing
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451 said northwest right-of-way line, a distance of 150.00
452 feet; thence north 61 degrees 30 minutes 00 seconds
453 east, parallel with said northwest right-of-way line,
454 a distance of 150.00 feet to an intersection with the
455 aforesaid southwest right-of-way of Edgewood Avenue;
456 thence south 38 degrees 44 minutes 00 seconds east,
457 along said southwest right-of-way line, a distance of
458 150.00 feet to the point of beginning.
459
460 The North 1/2 of Lot 8, Block 13, RIVERSIDE GARDENS,
461 according to plat thereof as recorded in Plat Book 3,
462 Page 67, Public Records of Duval County, Florida.
463
464 The North 105 feet of Lot 7, Block 13, RIVERSIDE
465 GARDENS, according to plat thereof as recorded in Plat
466 Book 3, Page 67, Public Records of Duval County,
467 Florida.
468
469 Lot 6, Block 13, RIVERSIDE GARDENS, according to plat
470 thereof as recorded in Plat Book 3, Page 67, Public
471 Records of Duval County, Florida.
472
473 Lots 1, 2, 3 and 4, Block 13, RIVERSIDE GARDENS,
474 according to plat thereof as recorded in Plat Book 3,
475 Page 67, Public Records of Duval County, Florida,
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476 except part in Official Records Volume 2425, Page 709.
477
478 Lot 8, Block 13, RIVERSIDE GARDENS, according to plat
479 thereof as recorded in Plat Book 3, Page 67, Public
480 Records of Duval County, Florida.
481
482 Lot 7, except the North 105 feet thereof, Block 13,
483 RIVERSIDE GARDENS, according to plat thereof as
484 recorded in Plat Book 3, Page 67, Public Records of
485 Duval County, Florida.
486
487 Lots 131, 132 and 133 of Block 79, Replat of Block 80
488 and part of Blocks 79, 81 and 82, MURRAY HILL HEIGHTS ,
489 according to plat thereof as recorded in Plat Book 5,
490 Pages 67, Public Records of Duval County, Florida.
491
492 Section 20, Township 25, Range 26E, Lots 129 and 130,
493 Block 79, Replat of Block 79, MURRAY HILL HEIGHTS,
494 according to plat thereof as recorded in Plat Book 5,
495 Pages 67, Public Records of Duval County, Florida,
496 except part conveyed to Duval County in Deed Book
497 1255, Page 47 of said public records.
498
499 Lot 128, Block 79, Replat of Block 80 and part of
500 Blocks 79, 81 and 82, MURRAY HILL HEIGHTS, according
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501 to plat thereof as recorded in Plat Book 5, Pages 67,
502 Public Records of Duval County, Florida.
503
504 Lots 168 and 169, Block 79, MURRAY HILL HEIGHTS,
505 according to plat thereof as recorded in Plat Book 5,
506 Pages 86 and 86A, Public Records of Duval County,
507 Florida.
508
509 Lot 167, Block 79, MURRAY HILL HEIGHTS, according to
510 plat thereof as recorded in Plat Book 5, Pages 86 and
511 86A, Public Records of Duval County, Florida.
512
513 Lots 165 and 166, Block 79, MURRAY HILL HEIGHTS,
514 according to plat thereof as recorded in Plat Book 5,
515 Pages 86 and 86A, Public Records of Duval County,
516 Florida.
517
518 Lots 141, 163, 164, Block 79, MURRAY HILL HEIGHTS,
519 according to plat thereof as recorded in Plat Book 5,
520 Pages 86 and 86A, Public Records of Duval County,
521 Florida.
522
523 Lot 161 and 162, Block 78, MURRAY HILL HEIGHTS,
524 according to plat thereof as recorded in Plat Book 5,
525 Pages 86 and 86A, Public Records of Duval County,
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526 Florida.
527
528 Lots 159 and 160, Block 78, MURRAY HILL HEIGHTS,
529 according to plat thereof as recorded in Plat Book 5,
530 Pages 86 and 86A, Public Records of Duval County,
531 Florida.
532
533 Lots 157 and 158, Block 78, MURRAY HILL HEIGHTS,
534 according to plat thereof as recorded in Plat Book 5,
535 Pages 86 and 86A, Public Records of Duval County,
536 Florida.
537
538 Lot 156, Block 78, MURRAY HILL HEIGHTS, according to
539 plat thereof as recorded in Plat Book 5, Pages 86 and
540 86A, Public Records of Duval County, Florida.
541
542 Lots 153, 154 and 155, Block 78, MURRAY HILL HEIGHTS,
543 according to plat thereof as recorded in Plat Book 5,
544 Pages 86 and 86A, Public Records of Duval County,
545 Florida.
546
547 Lot 164, Block 78, MURRAY HILL HEIGHTS, according to
548 plat thereof as recorded in Plat Book 5, Pages 86 and
549 86A, Public Records of Duval County, Florida, except
550 the portion described as: beginning at the most
Page 22 of 125
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551 Southerly corner of said Lot 164; thence Northerly
552 along the Easterly line of said Lot 164, 24 feet;
553 thence Northwesterly 50.07 feet to a point in the
554 Southwesterly line of said Lot 164, said point being
555 50 feet as measured along the Southwesterly line of
556 Lot 164, said point being 50 feet as measured along
557 the Southwesterly line of said Lot 164 from the most
558 Westerly corner thereof; thence Southeasterly along
559 the Southwesterly line of said Lot 164, 64.55 feet to
560 the point of beginning and further excepting those
561 lands described in Official Records Book 14963, page
562 1973, Public Records of Duval County, Florida.
563
564 Lot 1, Block 70, MURRAY HILL HEIGHTS, according to
565 plat thereof as recorded in Plat Book 5, Pages 86 and
566 86A, Public Records of Duval County, Florida.
567
568 Lot 9, except the Southwesterly 50 feet thereof, and
569 the Northeast 16 feet of the Southwest 110 feet of
570 Lots 10 and 11, and the Southeast 8 feet of the
571 Northeast 34 feet of the Southwest 94 feet of Lot 10,
572 all in Block 67, MURRAY HILL HEIGHTS, according to
573 plat thereof as recorded in Plat Book 5, Pages 86 and
574 86A, Public Records of Duval County, Florida.
575
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576 Lots 1-8, 12-22 and the Southwest 110 feet of Lots 9,
577 10 and 11, less and except that part described in
578 Official Records Book 2497, Page 87, all of Block 67,
579 MURRAY HILL HEIGHTS, according to plat thereof as
580 recorded in Plat Book 5, Pages 86 and 86A, Public
581 Records of Duval County, Florida.
582
583 Lot 1, Block 66, MURRAY HILL HEIGHTS, according to
584 plat thereof as recorded in Plat Book 5, Pages 86 and
585 86A, Public Records of Duval County, Florida.
586
587 Lots 5, 6, 7, 8 and a portion of Lot 9, Block 66 as
588 reflected in Deed Book 8169, Page 2307, MURRAY HILL
589 HEIGHTS, according to plat thereof as recorded in Plat
590 Book 2, Pages 87, Public Records of Duval County,
591 Florida.
592
593 A portion of Lots 9, 10 and 11, Block 66, MURRAY HILL
594 HEIGHTS, according to plat thereof as recorded in Plat
595 Book 2, Pages 87, Public Records of Duval County,
596 Florida, and being more particularly described as
597 follows: begin at the intersection of the
598 Northwesterly right-of-way line of Post Street
599 (formerly Eighteenth Street, a 60 foot right-of-way as
600 now established) with the Southwesterly right-of-way
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601 line of Edgewood Avenue (a 100 foot right-of-way as
602 now established); thence north 45 degrees 00 minutes,
603 00 seconds west, along said Southwesterly right-of-way
604 line, 133.60 feet; thence south 45 degrees 10 minutes
605 52 seconds west, 85.00 feet to the Northwesterly
606 prolongation of the Northeasterly boundary of those
607 lands described and recorded in Official Records
608 Volume 6952, Page 502 and Official Records Volume
609 5917, Page 755, all of said current Public Records;
610 thence south 45 degrees, 00 minutes, 00 seconds east,
611 along last said line and along said Northeasterly
612 boundary of those lands described and recorded in said
613 Official Records Volume 6952, Page 502 and said
614 Official Records Volume 5917, Page 755, a distance of
615 133.89 feet to the aforesaid Northwesterly right-of-
616 way line of Post Street, thence north 44 degrees, 58
617 minutes 57 seconds East, along last said line, 85 feet
618 to the point of beginning.
619
620 The Southwesterly 75 feet of Lots 10 and 11, and the
621 Southwesterly 75 feet of the Southeasterly 34.3 feet
622 of Lot 9, all of Lots 12, 13, 14 and 15, except the
623 Northwest 5 feet of the Southwest 135 feet, Block 66,
624 MURRAY HILL HEIGHTS, according to plat thereof as
625 recorded in Plat Book 5, Pages 86 and 86A, Public
Page 25 of 125
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626 Records of Duval County, Florida.
627
628 All of Lots 1, 4 and the North 3 feet of Lot 2, Block
629 57, REPLAT OF MURRAY HILL HEIGHTS, according to plat
630 thereof as recorded in Plat Book 5, Pages 86 and 8 6A,
631 Public Records of Duval County, Florida.
632
633 The South 47 feet of Lot 2 and all of Lot 3, Block 57,
634 MURRAY HILL HEIGHTS, a subdivision according to the
635 plat thereof recorded at Plat Book 2, Page 87, Public
636 Records of Duval County, Florida, and the
637 Northwesterly 2 inches of Lot 5, Block 57, MURRAY HILL
638 HEIGHTS, according to plat thereof as recorded in Plat
639 Book 5, Pages 86 and 86A, Public Records of Duval
640 County, Florida.
641
642 Lot 5, except part recorded in Deed 1328, Page 404,
643 and Lot 6, Block 57, MURRAY HILL HEIGHTS, according to
644 plat thereof as recorded in Plat Book 5, Pages 86 and
645 86A, Public Records of Duval County, Florida.
646
647 Lots 7, 8 and 9, Block 57, MURRAY HILL HEIGHTS,
648 according to plat thereof as recorded in Plat Book 5,
649 Pages 86 and 86A, Public Records of Duval County,
650 Florida.
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651
652 Lots 5 and 6, Block 56, MURRAY HILL HEIGHTS, according
653 to plat thereof recorded in the Public Records of
654 Duval County, FL, less the Southwesterly 20 feet of
655 said lots conveyed to the City of Jacksonville. Also
656 Lots 8 and 9, Block 56, MURRAY HILL HEIGHTS, according
657 to plat thereof recorded in the Public Records of
658 Duval County, Florida.
659
660 Lot 7, Block 56, MURRAY HILL HEIGHTS, excepting the
661 southwesterly 20 feet thereof, recorded in Plat Book
662 2, Page 87 and Plat Book 5, Page 86 and 86A, Public
663 Records of Duval County, Florida.
664
665 Lots 5 and 6, Block 56, MURRAY HILL HEIGHTS, according
666 to plat thereof recorded in the Public Records of
667 Duval County, FL, less the Southwesterly 20 feet of
668 said lots conveyed to the City of Jacksonville. Als o
669 Lots 8 and 9, Block 56, MURRAY HILL HEIGHTS, according
670 to plat thereof recorded in the Public Records of
671 Duval County, Florida, less the part conveyed to the
672 State of Florida as reflected in Deed Book 9840, Page
673 198, Public Records of Duval County, Florida.
674
675 The Northwest 35 feet of the Northeast 140 feet of Lot
Page 27 of 125
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676 1, Block 56, MURRAY HILL HEIGHTS, according to plat
677 thereof recorded in Plat Book 5, Pages 86 and 86A,
678 Public Records of Duval County, Florida; and
679
680 Lots 2 and 3, Block 56, MURRAY HILL HEIGHTS, according
681 to plat thereof recorded in Plat Book 5, Pages 86 and
682 86A, Public Records of Duval County, Florida, except
683 the Southwesterly 20 feet thereof as conveyed to the
684 City of Jacksonville by Deed Book 1338, Page 493; and
685 all of Lot 4, Block 56, MURRAY HILL HEIGHTS, according
686 to plat thereof recorded in Plat Book 5, Page 86 and
687 86A, Public Records of Duval County, Florida, except
688 the Soutwesterly 20 feet of said Lot 4 conveyed to the
689 City of Jacksonville by deed recorded in Book 382,
690 Page 109.
691
692 The Southeasterly 100 feet of the Northeasterly 140
693 feet of Lot 1, Block 56, MURRAY HILL HEIGHTS,
694 according to the plat thereof recorded in Plat Book 5,
695 Pages 86 and 86A, Public Records of Duval County,
696 Florida.
697
698 Lot 14, Block 47, MURRAY HILL HEIGHTS, according to
699 plat thereof recorded in Plat Book 5, Pages 86 and
700 86A, Public Records of Duval County, Florida.
Page 28 of 125
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701
702 Lots 12 and 13, Block 47, MURRAY HILL HEIGHTS,
703 according to plat thereof recorded in Plat Book 5,
704 Pages 86 and 86A, Public Records of Duval County,
705 Florida.
706
707 Lots 9, 10 and 11, Block 47, MURRAY HILL HEIGHTS,
708 according to plat thereof recorded in Plat Book 2,
709 Page 87 and Plat Book 5, Pages 86 and 86A, Public
710 Records of Duval County, Florida.
711
712 Lots 9, 10 and 11, Block 47, MURRAY HILL HEIGHTS,
713 according to plat thereof recorded in Plat Book 2,
714 Page 87 and Plat Book 5, Pages 86 and 86A, Public
715 Records of Duval County, Florida.
716
717 Lot 5, Block 47, MURRAY HILL HEIGHTS, according to
718 plat thereof recorded in Plat Book 5, Pages 86 and
719 86A, Public Records of Duval County, Florida.
720
721 Lot 4, Block 47, MURRAY HILL HEIGHTS, according to
722 plat thereof recorded in Plat Book 5, Pages 86 and
723 86A, Public Records of Duval County, Florida.
724
725 The Northeasterly 90 feet of Lots 1, 2 and 3, Block
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726 47, MURRAY HILL HEIGHTS, according to plat thereof as
727 recorded in Plat Book 5, Pages 86 and 86A, Public
728 Records of Duval County, Florida.
729
730 The Southwest 70 feet of Lots 1, 2 and 3, Block 47,
731 MURRAY HILL HEIGHTS, according to plat thereof as
732 recorded in Plat Book 5, Pages 86 and 86A, Public
733 Records of Duval County, Florida.
734
735 Lots 5 and 6, Block 46, MURRAY HILL HEIGHTS, according
736 to plat thereof as recorded in Plat Book 5, Pages 86,
737 Public Records of Duval County, Florida.
738
739 Lot 4, Block 46, MURRAY HILL HEIGHTS, according to
740 plat thereof as recorded in Plat Book 5, Pages 86 and
741 86A, Public Records of Duval County, Florida.
742
743 Lot 3, Block 46, MURRAY HILL HEIGHTS, according to
744 plat thereof as recorded in Plat Book 5, Pages 86 and
745 86A, Public Records of Duval County, Florida.
746
747 Lots 1 and 2, MURRAY HILL HEIGHTS, according to plat
748 thereof as recorded in Plat Book 5, Pages 86 and 86A,
749 Public Records of Duval County, Florida.
750
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751 Lots 3, 4, 8, 9 and 10, Block 42, MURRAY HILL HEIGHTS,
752 according to plat thereof as recorded in Plat Book 5,
753 Pages 86 and 86A, Public Records of Duval County,
754 Florida.
755
756 Lots 1, 2 and 6, except for the Northwest 1.3 feet of
757 Lots 2 and 6, Block 42, MURRAY HILL HEIGHTS, according
758 to plat thereof as recorded in Plat Book 5, Pages 86
759 and 86A, Public Records of Duval County, Florida.
760
761 The Northwest 80 feet of Lot 1, Block 45, MURRAY HILL
762 HEIGHTS, according to plat thereof as recorded in Plat
763 Book 5, Pages 86 and 86A, Public Records of Duval
764 County, Florida.
765
766 The Southeast 50 feet of Lot 8, Block 45, REPLAT OF
767 MURRAY HILL HEIGHTS, according to plat thereof as
768 recorded in Plat Book 5, Pages 86 and 86A, Public
769 Records of Duval County, Florida.
770
771 The Northwest 110 feet of Lot 8, Block 45, REPLAT OF
772 MURRAY HILL HEIGHTS, according to plat thereof as
773 recorded in Plat Book 5, Pages 86 and 86A, Public
774 Records of Duval County, Florida.
775
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776 The Northwest 43 feet of the Southeast 83 feet of Lot
777 1, Block 44, and the Southeasterly 1/2 of the
778 Southeasterly 1/2 of Lot 1, Block 44, REPLAT OF MURRAY
779 HILL HEIGHTS, according to plat thereof as recorded in
780 Plat Book 5, Pages 86 and 86A, Public Records of Duval
781 County, Florida.
782
783 Northerly 77 feet of Lot 1, and the Southeasterly
784 493/4 feet of Lot 8, Block 44, MURRAY HILL HEIGHTS,
785 according to plat thereof as recorded in Plat Book 5,
786 Pages 86 and 86A, Public Records of Duval County,
787 Florida.
788
789 Southeast 60.25 feet of the northwest 110 feet of Lot
790 8, block 44, MURRAY HILL HEIGHTS, according to plat
791 thereof as recorded in Plat Book 5, Pages 86 and 86A,
792 Public Records of Duval County, Florida.
793
794 The Northerly 50 feet of Lot 8, Block 44, less and
795 except the Westerly 49 feet thereof, REPLAT OF MURRAY
796 HILL HEIGHTS, according to plat thereof as recorded in
797 Plat Book 5, Pages 86 and 86A, Public Records of Duval
798 County, Florida.
799
800 The Westerly 49 feet of the Northerly 50 feet of Lot
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801 8, Block 44, MURRAY HILL HEIGHTS, according to plat
802 thereof as recorded in Plat Book 5, Pages 86 and 86A,
803 Public Records of Duval County, Florida.
804
805 The Northwest half of Lot 3 and all of Lots 4 and 5,
806 Block 40, MURRAY HILL HEIGHTS, according to plat
807 thereof as recorded in Plat Book 5, Pages 86 and 86A,
808 Public Records of Duval County, Florida.
809
810 Lots 6, 7 and 8, Block 40, MURRAY HILL HEIGHTS,
811 according to plat thereof as recorded in Plat Book 5,
812 Pages 86 and 86A, Public Records of Duval County,
813 Florida.
814
815 Lot 88, Block 36, MURRAY HILL HEIGHTS, according to
816 plat thereof as recorded in Plat Book 5, Pages 86 and
817 86A, Public Records of Duval County, Florida; and that
818 certain triangular lot lying Westerly of Lot 88 in
819 said Block and sometimes designated Lot "W", and being
820 more particularly described as follows: begin at the
821 intersection of the southerly right-of-way line of
822 Post Street (as now established) with the Northerly
823 right-of-way line of Cypress Street (a 60 foot right-
824 of-way as now established); thence Easterly along said
825 Northerly right-of-way line 101.12 feet to the
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826 Westerly line of said Lot 88; thence through an
827 interior angle to the right of 90°84′58″ along said
828 Westerly line, 97.93 feet to the aforesaid right-of-
829 way line of Post Street; thence through an interior
830 angle to the right of 45°52′30″ along said right-of-
831 way line, 140.87 feet to the point of beginning having
832 a closing interior angle to the right of 44°02′32″.
833
834 Lot 85, 86 and 87 except that part in Post Street,
835 Block 36, REPLAT MURRAY HILL HEIGHTS, according to
836 plat thereof as recorded in Plat Book 5, Pages 86 and
837 86A, Public Records of Duval County, Florida.
838
839 Lots 15, 16, 17 and 18, Block 39, MURRAY HILL HEIGHTS,
840 according to plat thereof as recorded in Plat Book 5,
841 Pages 86 and 86A, Public Records of Duval County,
842 Florida.
843
844 Lots 15, 16, 17 and 18, Block 39, MURRAY HILL HEIGHTS,
845 according to plat thereof as recorded in Plat Book 5,
846 Pages 86 and 86A, Public Records of Duval County,
847 Florida.
848
849 Lots S and T, JASMINE PLACE, according to the plat
850 thereof as recorded in Plat Book 9, Page 45, Public
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851 Records of Duval County, Florida.
852
853 Lot C, JASMINE PLACE, according to the plat thereof as
854 recorded in Plat Book 9, Page 45, Public Records of
855 Duval County, Florida.
856
857 Lot B, JASMINE PLACE, according to the plat thereof as
858 recorded in Plat Book 9, Page 45, Public Records of
859 Duval County, Florida.
860
861 Lot A, JASMINE PLACE, according to the plat thereof as
862 recorded in Plat Book 9, Page 45, Public Records of
863 Duval County, Florida.
864
865 The Southeasterly 125 feet of Lots 6 and 7, Block 39,
866 and the Southwest 100 feet of Lot 8, Block 39, REPLAT
867 OF MURRAY HILL HEIGHTS, according to plat thereof as
868 recorded in Plat Book 5, Pages 86 and 86A, Public
869 Records of Duval County, Florida.
870
871 Lots 4 and 5, Block 39, REPLAT OF MURRAY HILL HEIGHTS,
872 according to plat thereof as recorded in Plat Book 5,
873 Pages 86 and 86A, Public Records of Duval County,
874 Florida.
875
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876 Lot 31, Block 39, REPLAT OF MURRAY HILL HEIGHTS,
877 according to plat thereof as recorded in Plat Book 5,
878 Pages 86 and 86A, Public Records of Duval County,
879 Florida.
880
881 The Northerly 20 feet of Lot 2, Block 39, and Lot 3,
882 Block 39, REPLAT OF MURRAY HILL HEIGHTS, according to
883 plat thereof as recorded in Plat Book 5, Pages 86 and
884 86A, Public Records of Duval County, Florida.
885
886 Lots 1 and 2, Block 39, REPLAT OF MURRAY HILL HEIGHTS,
887 except for the Northeasterly 20 feet of Lot 2,
888 according to plat thereof as recorded in Plat Book 5,
889 Pages 86 and 86A, Public Records of Duval County,
890 Florida.
891
892 Lots 4, 5 and 6, Block 71, MURRAY HILL HEIGHTS,
893 according to plat thereof as recorded in Plat Book 5,
894 Pages 86 and 86A, Public Records of Duval County,
895 Florida.
896
897 Lots 1, 2 and 3, Block 71, REPLAT OF MURRAY HILL
898 HEIGHTS, except the Northerly 55.7 feet thereof,
899 according to plat thereof as recorded in Plat Book 5,
900 Pages 86 and 86A, Public Records of Duval County,
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901 Florida.
902
903 The Southeast 25 feet of Lot 28 and all of Lots 29 and
904 30, Block 72, MURRAY HILL HEIGHTS, according to plat
905 thereof as recorded in Plat Book 5, Pages 86 and 86A,
906 Public Records of Duval County, Florida.
907
908 The Northeast 10 feet of Lots 20, 21 and 22 and all of
909 Lots 23 to 27 and the Northwest 25 feet of Lot 28,
910 Block 72, MURRAY HILL HEIGHTS, according to plat
911 thereof as recorded in Plat Book 5, Pages 86 and 86A,
912 Public Records of Duval County, Florida.
913
914 Lots 18 and 19, Block 77, MURRAY HILL HEIGHTS,
915 according to plat thereof as recorded in Plat Book 5,
916 Pages 86 and 86A, Public Records of Duval County,
917 Florida.
918
919 Lot 17, Block 77, MURRAY HILL HEIGHTS, according to
920 plat thereof as recorded in Plat Book 5, Pages 86 and
921 86A, Public Records of Duval County, Florida.
922
923 Lots 13, 14 and 15, Block 77, MURRAY HILL HEIGHTS,
924 according to plat thereof as recorded in Plat Book 5,
925 Pages 86 and 86A, Public Records of Duval County,
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926 Florida.
927
928 Lots 10, 11 and 12, Block 77, MURRAY HILL HEIGHTS,
929 according to plat thereof as recorded in Plat Book 5,
930 Pages 86 and 86A, Public Records of Duval County,
931 Florida.
932
933 Part of Section 20, Township 2 South, Range 26 East,
934 Duval County, Florida, together with a part of McIver
935 Street (a 20′ +/- right-of-way), closed by City
936 Ordinance 72-28-5, more particularly described as
937 follows: commence at the intersection of the Northerly
938 line of Lenox Avenue (a 60.0 foot right-of-way) with
939 the Easterly line of Edgewood Avenue (as shown on
940 D.O.T. right-of-way Map Section 72500-2601 dated
941 February 26, 1960); Thence North 44 degrees 05 minutes
942 31 seconds West, 121.46 feet, along the Easterly line
943 of said Edgewood Avenue; Thence North 54 degrees 33
944 minutes 26 seconds East, 49.02 feet, to the point of
945 beginning; Thence continue North 54 degrees 33 minutes
946 26 seconds East, 120.0 feet; Thence South 35 degrees
947 26 minutes 34 seconds East, 92.80 feet; Thence South
948 31 degrees 27 minutes 13 seconds East, 71.87 feet, to
949 the Northerly line of said Lenox Avenue, being in a
950 curve concave to the Northwest and having a radius of
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951 924.93 feet; Thence around and along said curve and
952 the Northerly line of said Lenox Avenue, through a
953 central angle of 07 degrees 07 minutes 43 seconds, an
954 arc distance of 115.08 feet (chord bearing and
955 distance of South 54 degrees 56 minutes 55 seconds
956 West, 115.00 feet); Thence North 35 degrees 26 minutes
957 34 seconds West, 163.71 feet, to the point of
958 beginning.
959
960 That certain tract or parcel of land being a part of
961 Section 20, Township 2 South, Range 26 East, Duval
962 County, Florida, being more particularly described as
963 beginning at the intersection of the Easterly right of
964 way of Edgewood Avenue and the Southerly limited
965 access right of way line of Interstate Highway No. 10
966 (both as now established); thence South 32 degrees 58
967 minutes East, along said Easterly right of way line of
968 Edgewood Avenue 155.79 feet; thence South 45 degrees
969 20 minutes 54 seconds East, continuing along said
970 Easterly right of way line of Edgewood Avenue 81.85
971 feet; thence North 8 degrees 04 minutes 55 seconds
972 West, 255.71 feet to a point in said southerly limited
973 access right of way line of Interstate Highway No. 10;
974 thence South 58 degrees 45 minutes 23 seconds West
975 along said Southerly limited access right of way of
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976 Interstate Highway No. 10, 125.21 feet to the Point of
977 Beginning.
978
979 (7) The Springfield Commercial Area includes the
980 following properties in the City of Jacksonville,
981 Duval County, Florida:
982
983 The West 80 feet of Lots 3 and 4, Block 62, NEW
984 SPRINGFIELD, according to the plat thereof recorded in
985 Plat Book 3, Page 12, Public Records of Duval County,
986 Florida.
987
988 The West 80 feet of Lot 1, Block 61, NEW SPRINGFIELD,
989 and the 5 foot strip adjoining the Western boundary of
990 Lot 1, Block 61, NEW SPRINGFIELD, according to the
991 plat thereof recorded in Plat Book 3, Page 12, Public
992 Records of Duval County, Florida.
993
994 The West 80 feet of Lot 1, together with the East one -
995 half of the closed alley lying Westerly thereof, in
996 Block 61, NEW SPRINGFIELD, according to the plat
997 thereof recorded in Plat Book 3, Page 12, Public
998 Records of Duval County, Florida.
999
1000 The West 80 feet of Lots 3 and 4, Block 61, NEW
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1001 SPRINGFIELD, according to the plat thereof recorded in
1002 Plat Book 3, Page 12, Public Records of Duval Count y,
1003 Florida, together with the Easterly 241/2 feet of Lot
1004 14, Block 7, according to plat recorded in Plat Book
1005 2, Page 98, Public Records of Duval County, Florida,
1006 and the 141/2 feet next adjoining said Lot 14 on the
1007 East as more particularly described in Deed Book 1377,
1008 Page 3, Public Records of Duval County, Florida.
1009
1010 Lots 1 and 2, except the East 20 feet thereof, in
1011 Block 60, NEW SPRINGFIELD, according to the plat
1012 thereof recorded in Plat Book 3, Page 12, Public
1013 Records of Duval County, Florida, and a portion of
1014 Block 12 of LINDSLEY'S SUBDIVISION, of Lot 3 of
1015 Section 1 in Township 2 South Range 26 East, according
1016 to plat thereof at Page 98, Plat Book 2, and land
1017 hereby conveyed being more particularly described as
1018 follows: Beginning at the intersection of the South
1019 line of West 18th Street and the West line of Main
1020 Street, as now existing; running thence Westerly along
1021 the South line of said West 18th Street 108 feet;
1022 running thence South parallel with the West line of
1023 Main Street 105 feet; running thence Easterly parallel
1024 with the South line of West 18th Street 108 feet to
1025 the West line of Main Street as now existing; running
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1026 thence Northerly along the said West line of Main
1027 Street 105 feet to the point of beginning.
1028
1029 All of Lots 3 and 4, Block 60, NEW SPRINGFIELD,
1030 according to the plat thereof recorded in Plat Book 3,
1031 Page 12, Public Records of Duval County, Florida. Also
1032 beginning at a point of the North line of 17th Street,
1033 said point being located 300 feet East of Northeast
1034 corner of Laura and 17th Street; thence Easterly along
1035 said North line of 17th Street for a distance of 27
1036 feet 9 inches to the West line of said Lot 4, Block
1037 60, NEW SPRINGFIELD; thence Northerly along the West
1038 line of said Lots 3 and 4, Block 60, NEW SPRINGFIELD,
1039 for a distance of 105 feet; thence Westerly on a line
1040 parallel to 17th Street for a distance of 27 feet 9
1041 inches to a point that is 300 feet East of the East
1042 line of Laura Street; thence Southerly on a line
1043 parallel to Laura Street for a distance of 105 feet to
1044 a place of beginning, being a part of Block 12 of
1045 LINDSLEY'S SUBDIVISION of Lot 3, Section 1, Township 2
1046 South, Range 26 East, according to plat recorded in
1047 Plat Book 2, Page 98 of the current public records of
1048 Duval County, Florida.
1049
1050 Lots 12, 13, and 14 of Block 13, Lindley's
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1051 Subdivision, as recorded in Plat Book 2, page 98, of
1052 the Public Records of Duval County, Florida, together
1053 with Lots 1, 2, 3, and 4, except the east 20 feet
1054 conveyed to City of Jacksonville, Block 59 of New
1055 Springfield Subdivision as recorded in Plat Book 3,
1056 page 12, of said Public Records, and Lots 17, 18, and
1057 19 of Block 13, G. S. Young's Subdivision, recorded in
1058 Plat Book 5, page 23, said Public Records, and all of
1059 the 10 foot alley lying easterly of the southerly
1060 extension of the west line of said Lot 19, Block 13,
1061 of G.S. Young's Subdivision, as closed by Ordinance
1062 2008-167-E and recorded in Official Records Book
1063 14462, page 488, said Public Records, and together
1064 with a part of Section 1, Township 2 South, Range 26
1065 East, Duval County, Florida, and being more
1066 particularly described as follows: For a Point of
1067 Beginning commence at a 5/8″ rebar (Cap LB6110) at the
1068 northwest corner of said Lot 19, Block 13, G.S.
1069 Young's Subdivision; thence North 89 degrees 42
1070 minutes 55 seconds East, along the south right of way
1071 line of Seventeenth Street West (a 50 foot right of
1072 way), a distance of 202.99 feet to a 1/2″ iron pipe
1073 (Cap LB3672) on the current west right of way line of
1074 Main Street (U.S. Highway No. 17, a 100 foot right of
1075 way); thence South 01 degrees 45 minutes 05 seconds
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1076 East, along said west right of way line, a distance of
1077 210.00 feet to an "X" cut on the north right of way
1078 line of Sixteenth Street West (a 50 foot right of
1079 way); thence South 89 degrees 42 minutes 55 seconds
1080 West, along said north right way line, a distance of
1081 251.24 feet to a 5/8″ rebar (Cap LB6110) on said west
1082 line of said Lot 12, Block 13, Lindley's Subdivision;
1083 thence North 01 degrees 45 minutes 05 seconds West,
1084 along the west line of said Lot 12, a distance of 100
1085 feet to a 1/2″ iron pipe (Cap LB3672) on the south
1086 line of the 10 foot alley in said Block 13; thence
1087 North 89 degrees 42 minutes 55 seconds East, along
1088 said south line of alley, a distance of 48.19 feet to
1089 a 1/2″ iron pipe (Cap LB3672) at its intersection with
1090 a southerly projection of the west line of said Lot
1091 19, Block 13, G. S. Young's Subdivision; thence North
1092 01 degrees 45 minutes 05 seconds West, along said west
1093 line of Lot 19 and its southerly projection, a
1094 distance of 110.00 feet to the Point of Beginning.
1095
1096 Lots 1 and 2 and fractional part of Lot West thereof,
1097 Block 58, NEW SPRINGFIELD, according to plat thereof
1098 recorded in Plat Book 3, Page 12, Public Records of
1099 Duval County, Florida.
1100
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1101 Lots 3 and 4 and the North 36/100 feet of Lot 5,
1102 excepting therefrom the East 20 feet of each Lot, and
1103 together with the unnumbered Lots lying West of and
1104 adjacent to said Lots 3, 4 and 5, Block 58, NEW
1105 SPRINGFIELD, according to plat thereof recorded in
1106 Plat Book 3, Page 12, Public Records of Duval County,
1107 Florida.
1108
1109 Part of Lot 6, Block 58, NEW SPRINGFIELD, and
1110 fractional lot to the West thereof, according to plat
1111 thereof recorded in Plat Book 3, Page 12, Public
1112 Records of Duval County, Florida, described as:
1113 beginning at the southeast corner of Lot 6, Block 58,
1114 NEW SPRINGFIELD, and run thence north along the west
1115 line of Main Street a distance of 25 feet to a point;
1116 run thence West along a line parallel to the north
1117 line of Lemain Court Road, a distance of 123 feet to
1118 the east line of Charlevoix Street, run thence
1119 Southwesterly along the east line of Charlevoix Street
1120 to the point of intersection of the east line of
1121 Charlevoix Street with the north line of Lemain Court
1122 Road; thence run east along the North line of Lemain
1123 Court Road, a distance of 124 feet to the point of
1124 beginning, less the easterly 20 feet thereof conveyed
1125 to the City of Jacksonville by Deed recorded in Deed
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1126 Book 327, Page 18, Public Records of Duval County,
1127 Florida.
1128
1129 Lots 1, 2 and 3 (except the East 20.0 feet thereof)
1130 and the unnumbered lots lying Westerly thereof, Block
1131 57, NEW SPRINGFIELD, according to plat thereof
1132 recorded in Plat Book 3, Page 12, Public Records of
1133 Duval County, Florida, together with that part of
1134 Charlevoix Street lying Westerly of and adjacent to
1135 the above described lands and closed by Jacksonville
1136 City Ordinance S-77.
1137
1138 Part of the Flora A Clark property described in Deed
1139 Book AF, Page 735, former public records of Duval
1140 County, Florida, being a part of Lot 3, Section 1,
1141 Township 2 South, Range 26 East, and more particularly
1142 described as beginning at an iron monument at the
1143 intersection of the East line of Laura Street, and the
1144 North line of the right of way of St. Johns River
1145 Terminal Company, running thence Northerly along the
1146 east line of Laura Street 144.01 feet to an iron
1147 monument; thence running south 89 degrees, 14 minutes
1148 east 290.1 feet to an iron monument along the westerly
1149 line of the Old Panama Mill Road; running thence South
1150 2 degrees, 31 minutes west along the Westerly boundary
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1151 of said Old Panama Mill Road 217 feet to an iron
1152 monument in the Northerly boundary line of said St.
1153 Johns River Terminal Company right of way; thence
1154 running Northwesterly along the northern boundary of
1155 said right of way to the point of beginning.
1156
1157 East 100 feet lying North of 12th Street, Block 14, 2 -
1158 4 Springfield, Lot 6, Block 140, Warren, according to
1159 plat recorded in Plat Book AO, Page 240, Public
1160 Records of Duval County, Florida, as reflected in Deed
1161 Book 05765, Page 0558.
1162
1163 A part of Lots 2 and 3, Block 14, Warren's
1164 Subdivision, as recorded in Deed Book AO, Page 240 of
1165 the former public records of Duval County, Florida,
1166 being more particularly described as follows: For a
1167 point of beginning, commence at the intersection of
1168 the southerly right of way line of 12th Street as now
1169 established as a 60 foot right of way with the
1170 westerly right of way line of Main Street; thence
1171 South 01 degrees 35 minutes 30 seconds East, along
1172 said westerly right of way line, a distance of 106.00
1173 feet; thence South 89 degrees 17 minutes 28 seconds
1174 West, a distance of 100.10 feet; thence North 01
1175 degrees 33 minutes 46 seconds West, along the line
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1176 dividing the aforementioned Warren's Subdivision from
1177 Springfield as recorded in Plat Book 2, page 40, of
1178 said current public records, a distance of 106.00 feet
1179 to the aforementioned southerly right of way line of
1180 12th Street; thence North 89 degrees 17 minutes 28
1181 seconds East, along said southerly right of way line,
1182 a distance of 100.04 feet to the point of beginning
1183 according to survey prepared by Charles Bassett &
1184 Associates, Inc., dated August 7, 1981.
1185
1186 The East 100 feet of the South 1/2 of Block 14, Warren
1187 Subdivision, lying north of 11th Street and south of
1188 12th Street, as recorded in Deed Book AO, Page 240,
1189 former Public Records of Duval County, Florida.
1190
1191 Part of Blocks 1 and 14, Warren, as recorded in Deed
1192 Book AO, Page 240, former Public Records of Duval
1193 County, Florida, and a part of the west 11th Street
1194 closed by Ordinance R 102 - Deed Book 276, Page 433,
1195 current Public Records of said county, more
1196 particularly described as: Begin at the intersection
1197 of the westerly line of Main Street (a 100 foot right
1198 of way) and the southerly line of West 11th (a 60 foot
1199 right of way) both as now established; thence
1200 southerly along the westerly line of said Main Street,
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1201 212.02 feet to the northerly line of Cottage Avenue as
1202 now established for a width of 60 feet; thence
1203 Westerly along the northerly line of said Cottage
1204 Avenue, 100; thence northerly 211.77 feet to a point
1205 in the southerly line of said West 11th Street that is
1206 100 feet westerly of the point of beginning; thence
1207 easterly along the southerly line of said West 11th
1208 Street, 100 feet to the point of beginning; excepting
1209 the property described in Deed Book 903, Page 452,
1210 Public Records of Duval County, Florida.
1211
1212 The East 100′ of the South 9.7′ of Lot 2, Block 1
1213 Warren and the East 100′ of the North 89′ Lot 3, Block
1214 1 Warren, according to plat recorded in Plat Book AO,
1215 Page 240, Public Records of Duval County, Florida.
1216
1217 East 100 Feet of North 44.5 feet Lot 4, South 11 feet
1218 of East 100 feet Lot 3, Block 1, Warren, according to
1219 plat recorded in Plat Book AO, Page 240, Public
1220 Records of Duval County, Florida, as reflected in Deed
1221 Book 05699, Page 01926.
1222
1223 North 1/2 of the South 551/2 feet of the East 100 feet
1224 of Lot 4, Block 1, Warren, according to plat thereof
1225 recorded in Deed Book AO, Page 240, former Public
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1226 Records of Duval County, Florida.
1227
1228 South 1/2 of the South 551/2 feet of the East 100 feet
1229 of Lot 4, Block 1, Warren, according to plat thereof
1230 recorded in Deed Book AO, Page 240, former Public
1231 Records of Duval County, Florida.
1232
1233 Part of an unnumbered block sometimes referred to as
1234 Block 114, Springfield, according to the plat thereof
1235 recorded in Plat Book 2, Page 5, current public
1236 records of Duval County, Florida, described as: being
1237 at the intersection of Westerly line of Main Street
1238 and Northerly line of West 10th Street; thence North 5
1239 degrees 17 minutes East 54.64 feet along the Westerly
1240 line of said Main Street to the North line of Hogan
1241 Donation; thence South 89 degrees 21 minutes West
1242 102.4 feet along the North line of Hogan Donation to
1243 an iron in the Easterly line of Lot 7, Block 122,
1244 Springfield Northern Portion recorded in Plat Book 2,
1245 Page 40, thence South 1 degree 14 minutes West 44.16
1246 feet along the Easterly line of said Lot 7 of the
1247 Northerly line of West 10th Street; thence South 84
1248 degrees 44 minutes East, 98.73 feet, along West 10th
1249 Street to the point of beginning.
1250
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1251 Lot 9 and the North 1/2 of Lot 10, Block 58, WEST
1252 SPRINGFIELD, according to plat thereof recorded in
1253 Plat Book 2, Page 5, Public Records of Duval County,
1254 Florida.
1255
1256 Southern 1/2 of Lot 10, and Lot 11, Block 58,
1257 SPRINGFIELD, according to plat thereof recorded in
1258 Plat Book 2, Page 4, Public Records of Duval County,
1259 Florida.
1260
1261 Lot 12 except the Southern 1/2, Block 58, SPRINGFIELD,
1262 according to plat thereof recorded in Plat Book 2,
1263 Page 4, Public Records of Duval County, Florida.
1264
1265 Southern 1/2 of Lot 12, Block 58, SPRINGFIELD,
1266 according to plat thereof recorded in Plat Book 2,
1267 Page 4, Public Records of Duval County, Florida.
1268
1269 Lots 13 and 14, Block 58, SPRINGFIELD, according to
1270 plat thereof recorded in Plat Book 2, Page 4, Public
1271 Records of Duval County, Florida.
1272
1273 The East 85 feet of the South 29 feet, 8 inches of Lot
1274 13, and the East 85 feet of Lot 14, all in Block 50,
1275 SPRINGFIELD, according to plat thereof recorded in
Page 51 of 125
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HB 1497 2022
1276 Plat Book 2, Page 4-5, Public Records of Duval County,
1277 Florida.
1278
1279 The South 29 feet 8 inches of the West 40 feet of Lot
1280 13 and the West 40 feet of Lot 14, Block 50,
1281 SPRINGFIELD, according to plat thereof recorded in
1282 Plat Book 2, Page 5, Public Records of Duval County,
1283 Florida.
1284
1285 Lot 15, Block 50, EAST SPRINGFIELD, according to plat
1286 thereof recorded in Plat Book 2, Page 4, Public
1287 Records of Duval County, Florida.
1288
1289 Lot 16, Block 50, EAST SPRINGFIELD, according to plat
1290 thereof recorded in Plat Book 2, Page 4, Public
1291 Records of Duval County, Florida.
1292
1293 The East 1/2 of Lot 1, and the South 1/2 of Lot 2,
1294 Block 50, SPRINGFIELD, according to plat thereof
1295 recorded in Plat Book 2, Page 5, Public Records of
1296 Duval County, Florida.
1297
1298 The West 1/2 of Lot 1, Block 50, SPRINGFIELD,
1299 according to plat thereof recorded in Plat Book 2,
1300 Pages 4-5, Public Records of Duval County, Florida.
Page 52 of 125
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HB 1497 2022
1301
1302 The East 1/2 of Lot 14 and the South 18 feet of the
1303 East 1/2 of Lot 13, Block 49, SPRINGFIELD, according
1304 to plat thereof recorded in Plat Book 2, Page 4,
1305 Public Records of Duval County, Florida.
1306
1307 West 1/2 of Lot 14 and the South 18 feet of the West
1308 1/2 of Lot 13, Block 49, SPRINGFIELD, according to
1309 plat thereof recorded in Plat Book 2, Page 5, Public
1310 Records of Duval County, Florida.
1311
1312 Lot 15, Block 49, WEST SPRINGFIELD, according to plat
1313 thereof recorded in Plat Book 2, Page 5, Public
1314 Records of Duval County, Florida, except part recorded
1315 in Official Records 2537, Page 395.
1316
1317 East 1/2 of Lot 16, Block 49, SPRINGFIELD, according
1318 to plat thereof recorded in Plat Book 2, Page 5,
1319 Public Records of Duval County, Florida.
1320
1321 West 1/2 of Lot 16, Block 49, SPRINGFIELD, according
1322 to plat thereof recorded in Plat Book 2, Page 5,
1323 Public Records of Duval County, Florida.
1324
1325 Lot 1, Block 49, SPRINGFIELD, according to plat
Page 53 of 125
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HB 1497 2022
1326 thereof recorded in Plat Book 2, Page 5, Public
1327 Records of Duval County, Florida.
1328
1329 Lot 6 and North 1/2 Lot 5, Block 41, SPRINGFIELD,
1330 according to plat thereof recorded in Plat Book 2,
1331 Page 4-5, Public Records of Duval County, Florida.
1332
1333 West 1/2 of Lot 7, Block 41, SPRINGFIELD, according to
1334 plat thereof recorded in Plat Book 2, Page 5, Public
1335 Records of Duval County, Florida.
1336
1337 East 1/2 of Lot 7, Block 41, SPRINGFIELD, according to
1338 plat thereof recorded in Plat Book 2, Page 5, Public
1339 Records of Duval County, Florida.
1340
1341 East 60 feet of Lot 8, Block 41, SPRINGFIELD,
1342 according to plat thereof recorded in Plat Book 2,
1343 Page 5, Public Records of Duval County, Florida.
1344
1345 West 42 1/2 feet Lot 9, Block 41, SPRINGFIELD,
1346 according to plat thereof recorded in Plat Book 2,
1347 Page 5, Public Records of Duval County, Florida.
1348
1349 North 34.83 feet of the East 82.5 feet of Lot 9, Block
1350 41, SPRINGFIELD, according to plat thereof recorded in
Page 54 of 125
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HB 1497 2022
1351 Plat Book 2, Page 5, Public Records of Duval County,
1352 Florida.
1353
1354 South 34.83 feet of the East 82.5 feet of Lot 9, Block
1355 41, SPRINGFIELD, according to plat thereof recorded in
1356 Plat Book 2, Page 5, Public Records of Duval County,
1357 Florida.
1358
1359 Northeast 1/2 of Lot 10, Block 41, WEST SPRINGFIELD,
1360 according to plat thereof recorded in Plat Book 2,
1361 Page 5, Public Records of Duval County, Florida.
1362
1363 South 34.83 feet of Lot 10, Block 41, SPRINGFIELD,
1364 according to plat thereof recorded in Plat Book 2,
1365 Page 5, Public Records of Duval County, Florida.
1366
1367 North 1/2 of Lot 5 and Lot 6, Block 42, SPRINGFIELD,
1368 according to plat thereof recorded in Plat Book 2,
1369 Page 5, Public Records of Duval County, Florida.
1370
1371 Lot 9, Block 42, SPRINGFIELD, according to plat
1372 thereof recorded in Plat Book 2, Page 5, Public
1373 Records of Duval County, Florida.
1374
1375 North 32 feet of Lot 10, Block 42, SPRINGFIELD,
Page 55 of 125
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HB 1497 2022
1376 according to plat thereof recorded in Plat Book 2,
1377 Page 5, Public Records of Duval County, Florida.
1378
1379 Lot 6, Block 43, SPRINGFIELD, according to plat
1380 thereof recorded in Plat Book 2, Page 5, Public
1381 Records of Duval County, Florida.
1382
1383 North 28 feet of Lot 5, Block 43, SPRINGFIELD,
1384 according to plat thereof recorded in Plat Book 2,
1385 Page 5, Public Records of Duval County, Florida.
1386
1387 Lot 9, Block 43, SPRINGFIELD, according to plat
1388 thereof recorded in Plat Book 2, Page 5, Public
1389 Records of Duval County, Florida.
1390
1391 Lot 10, Block 43, SPRINGFIELD, according to plat
1392 thereof recorded in Plat Book 2, Page 5, Public
1393 Records of Duval County, Florida.
1394
1395 Lot 11, Block 43, SPRINGFIELD, according to plat
1396 thereof recorded in Plat Book 2, Page 4-5, Public
1397 Records of Duval County, Florida.
1398
1399 Lot 12, Block 43, SPRINGFIELD, according to plat
1400 thereof recorded in Plat Book 2, Page 5, Public
Page 56 of 125
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HB 1497 2022
1401 Records of Duval County, Florida.
1402
1403 Lot 13, Block 43, SPRINGFIELD, according to plat
1404 thereof recorded in Plat Book 2, Page 5, Public
1405 Records of Duval County, Florida.
1406
1407 Lot 14, Block 43, SPRINGFIELD, according to plat
1408 thereof recorded in Plat Book 2, Page 5, Public
1409 Records of Duval County, Florida.
1410
1411 East 41 feet of Lot 15 (except North 103 feet), Block
1412 43, SPRINGFIELD, according to plat thereof recorded in
1413 Plat Book 2, Page 5, Public Records of Duval County,
1414 Florida.
1415
1416 West 31 feet of Lot 15 except the North 103.3 feet,
1417 Block 43, SPRINGFIELD, according to plat thereof
1418 recorded in Plat Book 2, Page 5, Public Records of
1419 Duval County, Florida.
1420
1421 North 103 feet of Lot 15, Block 43, SPRINGFIELD,
1422 according to plat thereof recorded in Plat Book 2,
1423 Page 5, Public Records of Duval County, Florida.
1424
1425 Lot 16, Block 43, SPRINGFIELD, according to plat
Page 57 of 125
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HB 1497 2022
1426 thereof recorded in Plat Book 2, Page 5, Public
1427 Records of Duval County, Florida.
1428
1429 Lot 9, Block 34, SPRINGFIELD, according to plat
1430 thereof recorded in Plat Book 2, Page 5, Public
1431 Records of Duval County, Florida.
1432
1433 North 1/2 of Lot 10, Block 34, SPRINGFIELD, accord ing
1434 to plat thereof recorded in Plat Book 2, Page 5,
1435 Public Records of Duval County, Florida.
1436
1437 South 1/2 of Lot 10, Block 34, SPRINGFIELD, according
1438 to plat thereof recorded in Plat Book 2, Page 5,
1439 Public Records of Duval County, Florida.
1440
1441 North 1/2 of Lot 11, Block 34, SPRINGFIELD, according
1442 to plat thereof recorded in Plat Book 2, Page 5,
1443 Public Records of Duval County, Florida.
1444
1445 South 1/2 of Lot 11, Block 34, SPRINGFIELD, according
1446 to plat thereof recorded in Plat Book 2, Page 5,
1447 Public Records of Duval County, Florida.
1448
1449 Lot 12 and North 1/2 of Lot 13, Block 34, SPRINGFIELD,
1450 according to plat thereof recorded in Plat Book 2,
Page 58 of 125
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HB 1497 2022
1451 Page 5, Public Records of Duval County, Florida.
1452
1453 South 1/2 of Lot 13, Block 34, SPRINGFIELD, according
1454 to plat thereof recorded in Plat Book 2, Page 5,
1455 Public Records of Duval County, Florida.
1456
1457 East 75 feet of Lot 14, Block 34, SPRINGFIELD,
1458 according to plat thereof recorded in Plat Book 2,
1459 Page 5, Public Records of Duval County, Florida.
1460
1461 West 35 feet of the East 92 feet of Lot 14, Block 34,
1462 SPRINGFIELD, according to plat thereof recorded in
1463 Plat Book 2, Page 4, Public Records of Duval County,
1464 Florida.
1465
1466 West 34 feet of Lot 14, Block 34, except 60.80 feet,
1467 SPRINGFIELD, according to plat thereof recorded in
1468 Plat Book 2, Page 4, Public Records of Duval County,
1469 Florida.
1470
1471 South 60.80 feet of the West 17.33 feet of Lot 14,
1472 Block 34, SPRINGFIELD, according to plat thereof
1473 recorded in Plat Book 2, Page 4, Public Records of
1474 Duval County, Florida.
1475
Page 59 of 125
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HB 1497 2022
1476 Northeast 1/4 of the Northeast 1/4 of Block 27,
1477 SPRINGFIELD, according to plat thereof recorded in
1478 Plat Book 2, Page 5, Public Records of Duval County,
1479 Florida.
1480
1481 North 1/2 of Lots 7 and 8, and a strip off the West
1482 end of Lot 7, 10 feet by 105 feet, Block 27,
1483 SPRINGFIELD, Map Book 2, Page 878, Public Records of
1484 Duval County, Florida.
1485
1486 South 511/2 feet of the East 199 feet of the North 209
1487 feet of Block 27, SPRINGFIELD, according to plat
1488 thereof as recorded in Deed Book Q, Page 878, former
1489 Public Records of Duval County, Florida.
1490
1491 Lot 12, Block 27, SPRINGFIELD, according to plat
1492 thereof recorded in Plat Book 2, Page 4, Public
1493 Records of Duval County, Florida.
1494
1495 Lot 14, together with the South 47.7 feet of Lot 13,
1496 Block 27, SPRINGFIELD, according to plat thereof
1497 recorded in Plat Book 2, Page 5, Public Records of
1498 Duval County, Florida.
1499
1500 Lot 1 and the South 5 feet of Lot 2, Hoyt's
Page 60 of 125
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HB 1497 2022
1501 subdivision of Lots 15 and 16, Block 27, SPRINGFIELD,
1502 according to plat thereof recorded in Plat Book 7,
1503 Page 20, Public Records of Duval County, Florida.
1504
1505 Lot 2, less the South 5 feet of Lot 2, Hoyt's
1506 subdivision of Lots 15 and 16, Block 27, SPRINGFIELD,
1507 according to plat thereof recorded in Plat Book 7,
1508 Page 20, Public Records of Duval County, Florida.
1509
1510 North 34 feet of Lot 2, and South 34.5 feet of Lot 3,
1511 Hoyt's subdivision of Lots 15 and 16, Block 27,
1512 SPRINGFIELD, according to plat thereof recorded in
1513 Plat Book 7, Page 20, Public Records of Duval County,
1514 Florida.
1515
1516 South 34.5 feet of Lot 3, Hoyt's subdivision of Lots
1517 15 and 16, Block 27, SPRINGFIELD, according to plat
1518 thereof recorded in Plat Book 7, Page 20, Public
1519 Records of Duval County, Florida.
1520
1521 North 5.5 feet of Lot 3 and all of Lot 4 of the Hoyt's
1522 subdivision of Block 27, SPRINGFIELD, according to
1523 plat thereof recorded in Plat Book 7, Page 20, Public
1524 Records of Duval County, Florida.
1525
Page 61 of 125
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HB 1497 2022
1526 Lot 9 and the South 4 feet of Lot 8, Hoyt's
1527 subdivision of Lots 15 and 16, Block 27, SPRINGFIELD,
1528 according to plat thereof recorded in Plat Book 7,
1529 Page 20, Public Records of Duval County, Florida.
1530
1531 North 36 feet of Lot 8, Hoyt's subdivision of Lots 15
1532 and 16, Block 27, SPRINGFIELD, according to plat
1533 thereof recorded in Plat Book 7, Page 20, Public
1534 Records of Duval County, Florida.
1535
1536 North 36 feet of Lot 8 and all of Lot 7, and the South
1537 2 feet of Lot 6, Hoyt's subdivision of Lots 15 and 16,
1538 Block 27, SPRINGFIELD, according to plat thereof
1539 recorded in Plat Book 7, Page 20, Public Records of
1540 Duval County, Florida.
1541
1542 North 39 feet of Lot 6, Hoyt's subdivision of Lots 15
1543 and 16, Block 27, SPRINGFIELD, according to plat
1544 thereof recorded in Plat Book 7, Page 20, Public
1545 Records of Duval County, Florida.
1546
1547 Lot 5 and the North 39 feet of Lot 6, Hoyt's
1548 subdivision of Lots 15 and 16, Block 27, SPRINGFIELD,
1549 according to plat thereof recorded in Plat Book 7,
1550 Page 20, Public Records of Duval County, Florida.
Page 62 of 125
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HB 1497 2022
1551
1552 Lot 7, Block 27, SPRINGFIELD, according to plat
1553 thereof recorded in Plat Book 2, Page 4-5, Public
1554 Records of Duval County, Florida.
1555
1556 Lot 9, Block 18, SPRINGFIELD, according to plat
1557 thereof recorded in Plat Book 2, Page 5, Public
1558 Records of Duval County, Florida, together with the
1559 East 1/2 of the closed alley adjoining said lots to
1560 the West, closed by Ordinance FF-261.
1561
1562 Lots 12, 13, 14, Block 18, SPRINGFIELD, according to
1563 plat thereof recorded in Plat Book 2, Page 5, Public
1564 Records of Duval County, Florida, together with the
1565 East 1/2 of the closed alley adjoining said lots to
1566 the West, closed by Ordinance FF-261.
1567
1568 Lot 15, Block 18, SPRINGFIELD, according to plat
1569 thereof recorded in Plat Book 2, Page 5, Public
1570 Records of Duval County, Florida, together with the
1571 South 1/2 of the closed alley closed by Ordinance FF-
1572 261 lying Northerly of and adjacent to the Northerly
1573 line of the lands described in O.R. Book 2456, Page
1574 1083, Public Records of Duval County, Florida.
1575
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HB 1497 2022
1576 Lot 16, Block 18, SPRINGFIELD, according to plat
1577 thereof recorded in Plat Book 2, Page 4-5, Public
1578 Records of Duval County, Florida.
1579
1580 Lots 7, 8 and 16, Block 18, SPRINGFIELD, according to
1581 plat thereof recorded in Plat Book 2, Page 4-5, Public
1582 Records of Duval County, Florida, together with the
1583 North 1/2 and West 1/2 of the closed alley adjoining
1584 said Lot 7 to the South and 8 to the East, and the
1585 South 1/2 of the closed alley adjoining said Lot 16 to
1586 the North, all closed by Ordinance FF-261.
1587
1588 Lots 9 and 10, Block 11, SPRINGFIELD, according to
1589 plat thereof recorded in Plat Book 2, Page 5, Public
1590 Records of Duval County, Florida.
1591
1592 North 39.66 feet of Lot 11, Block 11, SPRINGFIELD,
1593 according to plat thereof recorded in Plat Book 2,
1594 Page 5, Public Records of Duval County, Florida.
1595
1596 South 30 feet of Lot 11, Block 11, SPRINGFIELD,
1597 according to plat thereof recorded in Plat Book 2,
1598 Page 5, Public Records of Duval County, Florida.
1599
1600 North 36 feet of Lot 12, Block 11, SPRINGFIELD,
Page 64 of 125
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HB 1497 2022
1601 according to plat thereof recorded in Plat Book 2,
1602 Page 5, Public Records of Duval County, Florida.
1603
1604 South 33 feet, 8 inches of Lot 12, Block 11,
1605 SPRINGFIELD, according to plat thereof recorded in
1606 Deed Book Q, Page 878, former Public Records of Duval
1607 County, Florida; and Part of Lot 13, Block 11,
1608 SPRINGFIELD, according to the Springfield Company's
1609 plat of Hogan's Donation, Plat Book 1, Page 14, former
1610 Public Records of Duval County, Florida, described as:
1611 beginning at the Northeast corner of said Lot 13, on
1612 the Western line of Main Street; running thence
1613 Westerly along the North line of said Lot 13, 125 feet
1614 to an alley, being the Northwest corner of said lot,
1615 thence South on line parallel with Main Street 40 feet
1616 7 inches; thence East on line parallel with the first
1617 mentioned line 42 feet; thence South on line parallel
1618 with Main Street, 9.3 feet; thence East on a line
1619 parallel with first line 83 feet to Main Street;
1620 thence North along West side of Main Street 50 feet
1621 more or less to point of beginning.
1622
1623 Part of Lot 13, recorded in Deed Book 697, Page 170,
1624 and West 50 feet of Lot 14, recorded in Deed Book 105,
1625 Page 153, Block 11, SPRINGFIELD, according to plat
Page 65 of 125
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HB 1497 2022
1626 thereof as recorded in Plat Book 2, Page 5, Public
1627 Records of Duval County, Florida; and part of Lots 13
1628 and 14, Block 11, SPRINGFIELD, beginning at the
1629 Southeast corner of said Lot 14, being the Northwest
1630 corner of Third and Main Streets, running thence
1631 Northerly along West line of Main Street, 89.45 feet
1632 to the North side of brick wall, thence Westerly along
1633 the Northerly side of said brick wall and parallel to
1634 Third Street 75 feet, thence Southerly parallel to
1635 Main Street 89.45 feet to the Northerly line of Third
1636 Street, thence Easterly along the Northerly line of
1637 Third Street, 75 feet to the point of beginning.
1638
1639 Lot 9, Block 3, SPRINGFIELD, according to plat thereof
1640 recorded in Plat Book 2, Page 4-5, Public Records of
1641 Duval County, Florida.
1642
1643 Lot 10, Block 3, SPRINGFIELD, according to plat
1644 thereof recorded in Plat Book 2, Page 4-5, Public
1645 Records of Duval County, Florida.
1646
1647 Lot 11, Block 3, SPRINGFIELD, according to plat
1648 thereof recorded in Plat Book 2, Page 4-5, Public
1649 Records of Duval County, Florida.
1650
Page 66 of 125
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HB 1497 2022
1651 Lot 12, Block 3, SPRINGFIELD, according to plat
1652 thereof recorded in Plat Book 2, Page 5, Public
1653 Records of Duval County, Florida.
1654
1655 North 28 feet of Lot 13, Block 3, SPRINGFIELD,
1656 according to plat thereof recorded in Plat Book 2,
1657 Page 4-5, Public Records of Duval County, Florida.
1658
1659 South 41.66 feet of Lot 13, Block 3, SPRINGFIELD,
1660 according to plat thereof recorded in Plat Book 2,
1661 Page 4, Public Records of Duval County, Florida.
1662
1663 Lot 14, Block 3, SPRINGFIELD, according to plat
1664 thereof recorded in Plat Book 2, Page 4-5, Public
1665 Records of Duval County, Florida.
1666
1667 Lots 15 and 16, Block 3, SPRINGFIELD, according to
1668 plat thereof recorded in Plat Book 2, Page 4-5, Public
1669 Records of Duval County, Florida, together with the
1670 South 1/2 of closed alley lying North of Lots 15 and
1671 16, Block 3, SPRINGFIELD, closed by Ordinance 84-950-
1672 584.
1673
1674 All of Lots 8, 9, 10 and 11, together with that part
1675 of Lot 15 lying west of Lot 8 and North of the
Page 67 of 125
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HB 1497 2022
1676 Westerly projection of the Southerly line of Lot 8,
1677 together with the North 1/2 of the closed alley lying
1678 south of Lot 9 and all of the closed alley lying east
1679 of Lot 9, all within Block 2, SPRINGFIELD, recorded in
1680 Plat Book 1, Page 144, former public records of Duval
1681 County, Florida.
1682
1683 All of Lots 12, 13 and 16; part of that certain
1684 unnumbered lot sometimes referred to as Lot 15 lying
1685 Westerly and adjacent to said Lots 12 and 16; part of
1686 a 12 foot alley closed by Ordinance FF-350 lying
1687 Westerly of and adjacent to said unnumbered lot and
1688 Southerly of a Westerly projection of the Northerly
1689 line of said Lot 12; and that part of the South 1/2 of
1690 that certain 12 foot alley closed by Ordinance DD-130
1691 lying Northerly of and adjacent to said Lot 13; all
1692 being part of Block 2, SPRINGFIELD, according to plat
1693 thereof recorded in Plat Book 2, Page 4-5, Public
1694 Records of Duval County, Florida.
1695
1696 Lots 7 and 14, Block 2, SPRINGFIELD, according to plat
1697 thereof recorded in Plat Book 2, Page 5, Public
1698 Records of Duval County, Florida.
1699
1700 All of Block 137 of Hart's Map of Jacksonville bounded
Page 68 of 125
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HB 1497 2022
1701 North by Orange Street, East by Ocean Street, South by
1702 State Street and West by Main Street, excepting part
1703 of Lot 1, acquired by Duval County and Florida State
1704 Improvement Commission by Order of Taking recorded in
1705 Official Records Book 165, Page 465.
1706
1707 Lots 1, 2 and 3, Hart's Map of Jacksonville, Duval
1708 County, Florida.
1709
1710 The North 302/3 feet of the South 105 feet of the West
1711 105 feet of Lot 4, Block 97, SPRINGFIELD, according to
1712 plat thereof as recorded in Plat Book 2, page 4, of
1713 the current public records of Duval County, Florida.
1714
1715 The West 52 feet of the East 104 feet of the South 1/2
1716 of Lot 4, Block 97, SPRINGFIELD, according to plat
1717 thereof as recorded in Plat Book 2, page 4, of the
1718 current public records of Duval County, Florida.
1719
1720 Lot 1 and the South 2.83 feet of Lot 2, Block 111,
1721 EAST SPRINGFIELD, according to the plat thereof
1722 recorded in Plat Book 2, Page 4, Public Records of
1723 Duval County, Florida.
1724
1725 The Northerly 67.00 feet of Lot 2, Lot 3 and the South
Page 69 of 125
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HB 1497 2022
1726 1/2 of Lot 4, Block 111, EAST SPRINGFIELD, according
1727 to the plat thereof recorded in Plat Book 2, Page 4,
1728 Public Records of Duval County, Florida.
1729
1730 The North 1/2 of Lot 4, Block 111, SPRINGFIELD,
1731 according to the plat thereof recorded at Plat Book 2,
1732 Page 4, Public Records of Duval County, Florida.
1733
1734 Lots 5 and 6, Block 111, SPRINGFIELD, according to the
1735 plat thereof recorded at Plat Book 2, Page 4, Public
1736 Records of Duval County, Florida.
1737
1738 Lot 8, Block 111, SPRINGFIELD, according to the plat
1739 thereof as recorded in Plat Book 2, Pages 4 and 5,
1740 Public Records of Duval County, Florida, together with
1741 the Northerly 1/2 of the closed alley lying southerly
1742 of and adjacent to said Lot 8 (said alley closed by
1743 Ordinance No. DD-429).
1744
1745 Lot 7, Block 111, SPRINGFIELD, according to plat
1746 thereof recorded in plat Book 2, page 4 of the current
1747 public records of Duval County, Florida.
1748
1749 Lots 1 and 2, Block 109, SPRINGFIELD, according to the
1750 plat thereof recorded at Plat Book 2, Page 4, Public
Page 70 of 125
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HB 1497 2022
1751 Records of Duval County, Florida, and a portion of the
1752 alley closed pursuant to Ordinance 96-86-31.
1753
1754 Lots 3, 4, 7, 8 and the West 60.00 feet of the North
1755 35.00 feet of Lot 16, together with the following
1756 described part of the 12 foot alley closed by the City
1757 of Jacksonville, ordinance 96-86-31, recorded in
1758 Official Records Book 8301, Page 1128, Public Records
1759 of Duval County, Florida, the Easterly 6 feet of the
1760 12 foot alley lying West of and adjacent to the North
1761 139.34 feet of Lot 7; all of the 12 foot alley lying
1762 east of and adjacent to Lot 4 and the Northerly 48.99
1763 feet of Lot 3; the Westerly 6 feet of the 12 foot
1764 alley lying Easterly of and adjacent to the South
1765 28.68 feet of Lot 3; all of the 12 foot alley lying
1766 North of and adjacent to the West 60 feet of Lot 16;
1767 the Northerly 6 feet of the 12 foot alley lying South
1768 of and Adjacent to Lot 8 and the East 12 feet of Lot
1769 7, All in Block 109, EAST SPRINGFIELD, as recorded in
1770 Plat Book 2, Page 4, Public Records of Duval County,
1771 Florida.
1772
1773 Lots 5 and 6, Block 109, SPRINGFIELD, according to
1774 plat thereof recorded in Deed Book AJ, Page 765,
1775 former Public Records of Duval County, Florida, and
Page 71 of 125
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1776 Plat Book 2, Page 4, Public Records of Duval County,
1777 Florida, together with the West 1/2 of a closed alley
1778 by ordinance 96-86-31 recorded in Official Records
1779 Book 8301, Page 1128, Public Records of Duval County,
1780 Florida.
1781
1782 The East 36 feet of the South 110 feet of Lot 16,
1783 Block 109, SPRINGFIELD, County of Duval, State of
1784 Florida, as recorded in Plat Book 2 Page 4, of the
1785 current public records of Duval County, Florida.
1786
1787 Lots 1, 2, 15 and 16, Block 12, SPRINGFIELD, according
1788 to the plat thereof as recorded in Plat Book 2, Page
1789 4, Public Records of Duval County, Florida, together
1790 with that portion of that 12 foot alley adjacent to
1791 Lots 1, 2 and 16 as shown on the plat of Springfield
1792 and closed and abandoned by ordinance 2006-96-E
1793 recorded in Official Records Book 13138, Page 340,
1794 Public Records of Duval County, Florida.
1795
1796 Lot 3, Block 12, SPRINGFIELD, according to the plat
1797 thereof recorded at Plat Book 2, Page 4, Public
1798 Records of Duval County, Florida.
1799
1800 Lots 4 and 5, Block 12, SPRINGFIELD, according to the
Page 72 of 125
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1801 plat thereof recorded at Plat Book 2, Page 4, Public
1802 Records of Duval County, Florida.
1803
1804 Lot 1 Block 17, SPRINGFIELD, according to the plat
1805 thereof, as recorded in Plat Book 2, at Page 4, of the
1806 Public Records of Duval County, Florida.
1807
1808 South 1/2 of Lot 2, Block 17, SPRINGFIELD, according
1809 to plat recorded in Plat Book 2, Page 4, of the
1810 current public records of Duval County, Florida.
1811
1812 North 1/2 of Lot 2, Block 17, SPRINGFIELD, according
1813 to plat recorded in Plat Book 2, Page 4, of the
1814 current public records of Duval County, Florida.
1815
1816 Part of Lot 4, Block 17, SPRINGFIELD, according to
1817 plat recorded in Plat Book 2, Page 4, of the current
1818 public records of Duval County, Florida, more
1819 particularly described as: Beginning at a point on the
1820 Easterly side of Main Street 139.32 feet South of the
1821 Easterly line of 5th Street and running then Southerly
1822 along Main Street 69.99 feet to the Southerly line of
1823 said Lot 4; thence Easterly along the Southerly line
1824 of said Lot 4, 125.00 feet to an alley; thence
1825 Northerly along said alley 69.66 feet, to a point
Page 73 of 125
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1826 139.32 feet South of the Southerly line of 5th Street;
1827 thence Westerly parallel with the Southerly line of
1828 5th Street 125.00 feet to the place of beginning;
1829 together with Lot 3, Block 17, SPRINGFIELD, according
1830 to plat recorded in Plat Book 2, Page 4, of the
1831 current public records of Duval County, Florida.
1832
1833 Lot 5, Block 17, SPRINGFIELD, according to plat
1834 thereof recorded in Plat Book 2, page 5, of the
1835 current public records of Duval County, Florida.
1836
1837 Lot 6, Block 17, SPRINGFIELD, according to plat
1838 recorded in Plat Book 2, page 4 of the public records
1839 of Duval County, Florida.
1840
1841 Lot 1, J.C. Greeley's Subdivision of West 1/2 of Block
1842 28, SPRINGFIELD, a subdivision according to the plat
1843 thereof recorded at Plat Book 1, Page 154, in the
1844 Public Records of Duval County, Florida.
1845
1846 Lots 2 and 3 (except the portion included in Official
1847 Records Book 15561, Page 1925), Block 28, SPRINGFIELD,
1848 according to plat recorded in Plat Book 2, page 4 of
1849 the public records of Duval County, Florida.
1850
Page 74 of 125
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1851 West 1/2 of Lot 7, Block 28, SPRINGFIELD, a part of
1852 the City of Jacksonville, according to plat recorded
1853 in Plat Book 2, page 4 of the public records of Duval
1854 County, Florida.
1855
1856 West 35 feet of the East 36 feet of Lot 7, Block 28,
1857 SPRINGFIELD, according to plat thereof as recorded in
1858 Plat Book 1, Page 154, Public Records of Duval County,
1859 Florida.
1860
1861 All of Lots 1, 2, 3, 7, 9, 10, 11, 14, 15 and 16,
1862 together with Lots 12 and 13, except that part
1863 recorded in Official Records Volume 3264, Page 142,
1864 together with that certain 12 foot alley (closed by
1865 ordinance GG-11) lying between said Lots 7 and 16 and
1866 the South 1/2 of said alley lying North and adjacent
1867 to said Lot 15; together with that certain 12 foot
1868 alley (closed by ordinance 71-709-303), lying between
1869 said Lots 13, 14 and 15, all within Block 33,
1870 SPRINGFIELD, according to plat recorded in Plat Book
1871 2, Page 4, of the current public records of Duval
1872 County, Florida, as more particularly described in
1873 Deed Book 17244, Page 1565.
1874
1875 Lots 4 and 5, Block 33, SPRINGFIELD, according to plat
Page 75 of 125
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1876 recorded in Plat Book 2, Page 4, of the current public
1877 records of Duval County, Florida.
1878
1879 Lot 6, Block 33, SPRINGFIELD, according to plat
1880 recorded in Plat Book 2, Page 4, of the current public
1881 records of Duval County, Florida.
1882
1883 Lot 8, Block 33, SPRINGFIELD, according to plat
1884 recorded in Plat Book 2, Page 4, of the current public
1885 records of Duval County, Florida.
1886
1887 All of Lots 1, 2, 3, 7, 9, 10, 11, 14, 15 and 16,
1888 together with Lots 12 and 13, except that part
1889 recorded in Official Records Volume 3264, Page 142,
1890 together with that certain 12 foot alley (closed by
1891 ordinance GG-11) lying between said Lots 7 and 16 and
1892 the South 1/2 of said alley lying North and adjacent
1893 to said Lot 15; together with that certain 12 foot
1894 alley (closed by ordinance 71-709-303) lying between
1895 said lots 13, 14 and 15, all within Block 33,
1896 SPRINGFIELD, as recorded in Plat Book 2, Page 4,
1897 Public Records of Duval County, Florida, as more
1898 particularly described in Deed Book 17244, Page 1565.
1899
1900 Part of Lots 12 and 13 as recorded in Official Records
Page 76 of 125
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1901 Volume 3264, Page 142, Public Records of Duval County,
1902 Florida.
1903
1904 Lot 1, Block 44, SPRINGFIELD, according to plat
1905 thereof as recorded in Plat Book 1, Page 145, former
1906 Public Records of Duval County, Florida.
1907
1908 Lot 2, Block 44, SPRINGFIELD, according to the plat
1909 thereof as recorded in Plat Book 2, page 4, Public
1910 Records of Duval County, Florida.
1911
1912 The South 1/2 of Lot 3, Block 44, SPRINGFIELD,
1913 according to the plat thereof as recorded in Plat Book
1914 2, page 4-5, Public Records of Duval County, Florida.
1915
1916 The South 1/2 of Lot 4, and the North 1/2 of Lot 3,
1917 Block 44 of SPRINGFIELD, according to the plat thereof
1918 as recorded in Plat Book 2, page 4-5, Public Records
1919 of Duval County, Florida.
1920
1921 North 1/2 of Lot 4, Block 44, SPRINGFIELD, according
1922 to the plat thereof as recorded in Plat Book 2, page
1923 4, Public Records of Duval County, Florida.
1924
1925 South 49.69 feet of Lot 5, Block 44, SPRINGFIELD,
Page 77 of 125
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1926 according to the plat thereof as recorded in Plat Book
1927 2, page 4, Public Records of Duval County, Florida.
1928
1929 North 20 feet of Lot 5 and all of Lot 6, Block 44,
1930 SPRINGFIELD, according to the plat thereof as recorded
1931 in Plat Book 2, page 4, Public Records of Duval
1932 County, Florida.
1933
1934 Lots 7-16, including alley east of said lots, Block
1935 44, SPRINGFIELD, according to the plat thereof as
1936 recorded in Plat Book 2, page 4, Public Records of
1937 Duval County, Florida.
1938
1939 Lot 2 (except the south 34.67 feet), Block 45,
1940 SPRINGFIELD, according to the plat thereof as recorded
1941 in Plat Book 2, page 4, Public Records of Duval
1942 County, Florida.
1943
1944 South 34.67 feet of Lot 2, Block 45, SPRINGFIELD,
1945 according to the plat thereof as recorded in Plat Book
1946 2, page 4, Public Records of Duval County, Florida.
1947
1948 The West 45 feet of Lot 1, Block 45, EAST SPRINGFIELD,
1949 according to the plat thereof as recorded in Plat Book
1950 2, page 4, Public Records of Duval County, Florida.
Page 78 of 125
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1951
1952 West 38 feet, 5 inches of the East 80 feet of Lot 1,
1953 Block 45, EAST SPRINGFIELD, according to the plat
1954 thereof as recorded in Plat Book 2, page 4, Public
1955 Records of Duval County, Florida.
1956
1957 East 41 feet, 7 inches of Lot 1, Block 45,
1958 SPRINGFIELD, according to the plat thereof as recorded
1959 in Plat Book 2, page 4, Public Records of Duval
1960 County, Florida.
1961
1962 West 1/2 of Lot 16, Block 45, SPRINGFIELD, according
1963 to the plat thereof as recorded in Plat Book 2, page
1964 4, Public Records of Duval County, Florida.
1965
1966 Lot 15 and East 1/2 of Lot 16, Block 45 SPRINGFIELD,
1967 according to the plat thereof as recorded in Plat Book
1968 2, page 4, Public Records of Duval County, Florida.
1969
1970 Lots 9, 10 and 11, Block 45, SPRINGFIELD, according to
1971 the plat thereof as recorded in Plat Book 2, page 4,
1972 Public Records of Duval County, Florida.
1973
1974 North 1/2 of Lot 12, Block 45, SPRINGFIELD, according
1975 to the plat thereof as recorded in Plat Book 2, page
Page 79 of 125
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1976 4, Public Records of Duval County, Florida.
1977
1978 The North 1/2 of Lot 13, Block 45, East SPRINGFIELD,
1979 according to the plat thereof as recorded in Plat Book
1980 2, page 4, Public Records of Duval County, Florida.
1981
1982 The South 1/2 of Lot 13, Block 45, SPRINGFIELD,
1983 according to the plat thereof as recorded in Plat Book
1984 2, page 4-5, Public Records of Duval County, Florida.
1985
1986 Lot 14, except the Easterly 71.28 feet thereof Block
1987 45, SPRINGFIELD, according to the plat thereof as
1988 recorded in Plat Book 2, page 4-5, Public Records of
1989 Duval County, Florida.
1990
1991 The Easterly 71.28 of Lot 14, Block 45, SPRINGFIELD,
1992 according to the plat thereof as recorded in Plat Book
1993 2, page 4, Public Records of Duval County, Florida.
1994
1995 NE 1/4 of the SW 1/4 of Section 24, Township 2 South,
1996 Range 23 East, lying North of Old Plank Road, recorded
1997 in OR Book 5218, Page 25, Duval County, Florida.
1998
1999 Lot 6 and the North 1/2 of Lot 5, Block 46,
2000 SPRINGFIELD, according to the plat thereof as recorded
Page 80 of 125
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HB 1497 2022
2001 in Plat Book 2, page 4, Public Records of Duval
2002 County, Florida.
2003
2004 East 1/2 of Lot 9, Block 46, SPRINGFIELD, according to
2005 the plat thereof as recorded in Plat Book 2, page 4 -5,
2006 Public Records of Duval County, Florida.
2007
2008 West 89 feet of Lot 6, Block 75, SPRINGFIELD,
2009 according to the plat thereof as recorded in Plat Book
2010 2, page 4-5, Public Records of Duval County, Florida.
2011
2012 East 36 feet of Lot 6, Block 75, SPRINGFIELD,
2013 according to the plat thereof as recorded in Plat Book
2014 2, page 4-5, Public Records of Duval County, Florida.
2015
2016 Lot 7, Block 75, SPRINGFIELD, according to the plat
2017 thereof as recorded in Plat Book 2, page 4-5, Public
2018 Records of Duval County, Florida.
2019
2020 West 341/2 feet of Lot 8, Block 75, SPRINGFIELD,
2021 according to the plat thereof as recorded in Plat Book
2022 2, page 4, Public Records of Duval County, Florida.
2023
2024 The East 37.5 feet of Lot 8, Block 75, SPRINGFIELD,
2025 according to the plat thereof as recorded in Plat Book
Page 81 of 125
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HB 1497 2022
2026 2, page 4, Public Records of Duval County, Florida.
2027
2028 Lot 9 and the north 1/2 of Lot 10, Block 75,
2029 SPRINGFIELD, according to the plat thereof as recorded
2030 in Plat Book 2, page 4, Public Records of Duval
2031 County, Florida.
2032
2033 North 1/2 of Lot 10, Block 75, of SPRINGFIELD,
2034 according to the map or plat as recorded in Plat Book
2035 2, Page 4, Public Records of Duval County, Florida.
2036
2037 Lots 1, 2, SIMMON'S DIVISION of part of Block 74,
2038 SPRINGFIELD, according to the plat thereof, as
2039 recorded in deed Book 41, Pages 262, 263, and 264,
2040 former Public Records of Duval County, Florida.
2041
2042 Lots 3, SIMMON'S DIVISION of part of Block 74,
2043 SPRINGFIELD, according to the plat thereof, as
2044 recorded in deed Book 41, Pages 262, 263, and 264, of
2045 the former Public Records of Duval County, Florida.
2046
2047 East 100 feet of Lot 1, Block 71, SPRINGFIELD,
2048 according to the plat thereof as recorded in Plat Book
2049 2, page 46, Public Records of Duval County, Florida.
2050
Page 82 of 125
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2051 The West 25 feet of Lot 1, Block 71, SPRINGFIELD
2052 COMPANY'S REVISED plat of the Eastern portion of
2053 Hogan's Donation according to the plat thereof, as
2054 recorded in Plat Book 2, Page 46, Public Records of
2055 Duval County, Florida.
2056
2057 Lots 13 and 14, Block 70, SPRINGFIELD, according to
2058 the plat thereof recorded at Plat Book 2, Page 6,
2059 Public Records of Duval County, Florida.
2060
2061 South 78 feet of Lot 8, Block 70, SPRINGFIELD,
2062 according to plat thereof recorded in Plat Book 2,
2063 Page 46, Public Records of Duval County, Florida,
2064 together with the North 1/2 of closed alley lying
2065 South of and adjacent to said South 78 feet of Lot 8,
2066 Block 70, as closed, vacated and abandoned by
2067 Ordinance 76-162-85.
2068
2069 Lot 1 and the South 1/2 of Lot 2, Block 70,
2070 SPRINGFIELD, according to plat thereof recorded in
2071 Plat Book 2, page 46, Public Records of Duval County,
2072 Florida.
2073
2074 Lot 14, Block 54, SPRINGFIELD, according to map or
2075 plat thereof as recorded in Plat Book 2, page 46,
Page 83 of 125
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HB 1497 2022
2076 Public Records of Duval County, Florida.
2077
2078 The East 40 feet of Lot 1 and the East 40 feet of the
2079 South half of Lot 2, Block 54, SPRINGFIELD, according
2080 thereof recorded in Plat Book 2, page 46 of the
2081 Current Public Records of Duval County, Florida; and
2082 the West 85 feet of Lot 1 and the West 85 feet of the
2083 South 34.67 feet of Lot 2, Block 54, SPRINGFIELD,
2084 according thereof recorded in Plat Book 2, Page 46 of
2085 the current Public Records of Duval County, Florida.
2086
2087 North 46 feet and 10 inches of Lot 13, Block 53,
2088 SPRINGFIELD, according to the plat thereof, recorded
2089 in Plat Book 2, Page 4, Public Records of Duval
2090 County, Florida.
2091
2092 Lot 15 and 16, Block 53, SPRINGFIELD, according to
2093 plat thereof as recorded in Plat Book 2, Pages 4-5,
2094 Public Records of Duval County, Florida.
2095
2096 The East 42 feet of Lot 1, Block 53, SPRINGFIELD,
2097 according to the plat thereof as recorded in Plat Book
2098 2, Page 4-5, Public Records of Duval County, Florida.
2099
2100 The East 43 feet of the West 83 feed of Lot 1, Block
Page 84 of 125
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2101 53, EAST SPRINGFIELD, according to the plat thereof as
2102 recorded in Plat Book 2, Page 4-5, Public Records of
2103 Duval County, Florida.
2104
2105 Lot 2, Block 44, SPRINGFIELD, according to the plat
2106 thereof as recorded in Plat Book 2, Page 4-5, Public
2107 Records of Duval County, Florida.
2108
2109 The South 35 feet 10 inches of Lot 2, Block 53, EAST
2110 SPRINGFIELD, according to the plat thereof as recorded
2111 in Plat Book 2, Page 4-5, Public Records of Duval
2112 County, Florida.
2113
2114 The North 33 feet 10 inches of Lot 2, Block 53,
2115 SPRINGFIELD, according to the plat thereof as recorded
2116 in Plat Book 2, Page 4- 5, Public Records of Duval
2117 County, Florida.
2118
2119 The South 1/2 of Lot 3, Block 53, SPRINGFIELD,
2120 according to the plat thereof as recorded in Plat Book
2121 2, Page 4-5, Public Records of Duval County, Florida.
2122
2123 North half of Lot 3 and the Westerly 32 feet of Lot 7,
2124 Block 53, SPRINGFIELD, according to the plat thereof
2125 as recorded in Plat Book 2, Page 4, Public Records of
Page 85 of 125
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HB 1497 2022
2126 Duval County, Florida.
2127
2128 The Easterly 63 feet of Lot 14, FLORIDA FINANCE
2129 COMPANY'S Replat of the Southeasterly Quarter of Block
2130 52, SPRINGFIELD, according the plat thereof recorded
2131 in Plat Book 1, page 154, former Public Records of
2132 Duval County, Florida.
2133
2134 The East 31.5 feet of the West 62 feet of Lot 14,
2135 FLORIDA FINANCE COMPANY'S SUBDIVISION of SE 1/4 of
2136 Block 52, SPRINGFIELD, according to the plat thereof
2137 recorded in Plat Book 1, Page 154, former Public
2138 Records of Duval County, Florida.
2139
2140 The West 30.5 feet of Lot 14, FLORIDA FINANCE
2141 COMPANY'S SUBDIVISION OF SE 1/4 of Block 52,
2142 SPRINGFIELD, according to the plat thereof recorded in
2143 Plat Book 1, Page 154, former Public Records of Duval
2144 County, Florida.
2145
2146 Lot 15, Block 52, SPRINGFIELD, according to plat
2147 thereof recorded in Plat Book 1, Page 154, of the
2148 former Public Records of Duval County, Florida. Also,
2149 South 60 feet of West 84 feet of Lot 2, Block 52,
2150 SPRINGFIELD, according to plat thereof recorded in
Page 86 of 125
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2151 Deed Book Q, page 878, Public Records of Duval County,
2152 Florida.
2153
2154 The South 1/2 of Lot 13, Block 52, of SPRINGFIELD,
2155 according to the plat thereof, as recorded in Plat
2156 Book 2, at Pages 4-5, Public Records of Duval County,
2157 Florida.
2158
2159 The North 1/2 of Lot 13, Block 52, of SPRINGFIELD,
2160 according to the plat thereof, as recorded in Plat
2161 Book 2, at Pages 4-5, Public Records of Duval County,
2162 Florida.
2163
2164 The South 1/2 of Lot 12, Block 52, SPRINGFIELD,
2165 according to the plat thereof, as recorded in Plat
2166 Book 2, at Pages 4-5, Public Records of Duval County,
2167 Florida.
2168
2169 The North 1/2 of Lot 12, Block 52, SPRINGFIELD,
2170 according to the plat thereof, as recorded in Plat
2171 Book 2, at Pages 4-5, Public Records of Duval County,
2172 Florida.
2173
2174 South 34 feet of the East 125 feet of the Northeast
2175 1/4 of Block 52, SPRINGFIELD, according to the plat
Page 87 of 125
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2176 thereof, as recorded in Plat Book 2, at Pages 4-5,
2177 Public Records of Duval County, Florida.
2178
2179 North 45 feet of South 79 feet of East 125 feet of Lot
2180 2, Block 52, SPRINGFIELD, according to plat thereof,
2181 as recorded in Deed Book Q, Page 878, former Public
2182 Records of Duval County, Florida.
2183
2184 The North 40 feet of the South 119 feet of the East
2185 125 feet of Lot 2, Block 52, SPRINGFIELD, according to
2186 the plat thereof, as recorded in Deed Book Q, Page
2187 878, Public Records of Duval County, Florida.
2188
2189 The East 621/2 feet of the North 90 feet of the East
2190 125 feet of tine Northeast 1/4 of Block 52,
2191 SPRINGFIELD, according to the plat thereof, as
2192 recorded in Plat Book 2, at Pages 4-5, Public Records
2193 of Duval County, Florida.
2194
2195 The West 62.5 feet of the North 90 feet of the East
2196 125 feet of Lot 2, Block 52, SPRINGFIELD, according to
2197 the plat thereof, as recorded in Plat Book 2, at P ages
2198 4, Public Records of Duval County, Florida.
2199
2200 North 149 feet of West 84 feet of Lot 2, Block 52,
Page 88 of 125
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2201 SPRINGFIELD, according to the plat thereof, as
2202 recorded in Plat Book 2, at Pages 4-5, Public Records
2203 of Duval County, Florida.
2204
2205 The South 70 feet of the West 125 feet of Lot 4, Block
2206 52, SPRINGFIELD, as per plat thereof, recorded in Deed
2207 Book Q, Page 878, former Public Records of Duval
2208 County, Florida, and in Plat Book 2, Page 5, Public
2209 Records of Duval County, Florida.
2210
2211 The Southwest 1/4 of Block 52, being sometimes
2212 referred to as Lot 4, Block 52, SPRINGFIELD, according
2213 to the plat thereof, as recorded in Deed Book Q, at
2214 Page 878, former Public Records of Duval County,
2215 Florida, excepting therefrom the South 70 feet of the
2216 West of the West 130 feet of said Southwest 1/4 (also
2217 known as Lot 4).
2218
2219 South 50 feet of North 150 feet of West 100 feet of
2220 Lot 1 and South 60 feet of Lot 2, Block 52,
2221 SPRINGFIELD, according to the plat thereof, as
2222 recorded in Plat Book 2, at Pages 4-5, Public Records
2223 of Duval County, Florida.
2224
2225 The West 101 feet of the North 100 feet of Lot 1,
Page 89 of 125
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2226 Block 52, SPRINGFIELD, according to the plat thereof
2227 as recorded in Deed Book Q, pages 878 and 879, former
2228 Public Records of Duval County, Florida, and as
2229 recorded in Plat Book 2, at Pages 4-5, current Public
2230 Records of Duval County, Florida.
2231
2232 The East 39 feet of the North 149 feet of Lot 1, Block
2233 52, EAST SPRINGFIELD, according to the plat thereof as
2234 recorded in Plat Book 2, Page 4, Public Records of
2235 Duval County, Florida.
2236
2237 A portion of Lot 1, Block 52 of SPRINGFIELD, according
2238 to the plat recorded in Deed Book Q, Pages 878 and 879
2239 of the former Public Records of Duval County, Florida,
2240 described as follows: Beginning at a point 39 feet
2241 West of the Northeast corner of Lot 1, Block 52,
2242 SPRINGFIELD aforesaid, thence continue running West
2243 along the Southerly side of East 9th Street, 69 feet
2244 to a point; thence South and perpendicular to said 9th
2245 Street a distance 100 feet to a point; thence West and
2246 parallel to 9th Street a distance of 1 foot to a
2247 point; thence South 49 feet to a point; thence East
2248 and parallel to 9th Street a distance of 70 feet to a
2249 point; thence North and perpendicular to said 9th
2250 Street a distance of 149 feet to the point of
Page 90 of 125
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2251 beginning.
2252
2253 Lot 1 and the South 36 feet, 8 inches of Lot 2, Block
2254 57, SPRINGFIELD, according to the plat thereof as
2255 recorded in Plat Book 2, Page 4-5, Public Records of
2256 Duval County, Florida.
2257
2258 The North 33 feet of Lot 2, block 57, SPRINGFIELD,
2259 according to the plat thereof as recorded in Plat Book
2260 2, Page 4-5, Public Records of Duval County, Florida.
2261
2262 The South 1/2 of Lot 3, Block 57, SPRINGFIELD,
2263 according to plat thereof as recorded in Plat Book 2,
2264 Page 4, Public Records of Duval County, Florida.
2265
2266 The North 1/2 of Lot 3 and all of Lots 4, 5, and 6,
2267 Block 57, SPRINGFIELD, according to plat thereof as
2268 recorded in Plat Book 2, Pages 4-5, Public Records of
2269 Duval County, Florida.
2270
2271 Lots 8 and 9, Block 48, NEW SPRINGFIELD, according to
2272 plat thereof recorded in Plat Book 2, Pages 69-70,
2273 Public Records of Duval County, Florida.
2274
2275 Lots 10, 11 and 12, Block 48, NEW SPRINGFIELD,
Page 91 of 125
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hb1497-00
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 1497 2022
2276 according to plat thereof recorded in Plat Book 2,
2277 Pages 69-70, Public Records of Duval County, Florida.
2278
2279 Lots 9, Block 37, NEW SPRINGFIELD, according to plat
2280 thereof recorded in Plat Book 2, Pages 69-70, Public
2281 Records of Duval County, Florida.
2282
2283 Lot 10 and the South 20 feet of Lot 11, Block 37, NEW
2284 SPRINGFIELD, according to plat thereof recorded in
2285 Plat Book 2, Pages 69-70, Public Records of Duval
2286 County, Florida.
2287
2288 North 30 feet of Lot 11 and the South 4 feet of Lot
2289 12, Block 37, NEW SPRINGFIELD, according to plat
2290 thereof recorded in Plat Book 2, Pages 69-70, Public
2291 Records of Duval County, Florida.
2292
2293 North 46 feet of Lot 12, Block 37, NEW SPRINGFIELD,
2294 according to plat thereof recorded in Plat Book 2,
2295 Pages 69-70, Public Records of Duval County, Florida.
2296
2297 Lot 9, Block 34, NEW SPRINGFIELD, according to plat
2298 thereof recorded in Plat Book 2, Pages 69-70, Public
2299 Records of Duval County, Florida.
2300
Page 92 of 125
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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 1497 2022
2301 Lots 10 and 11, Block 34, NEW SPRINGFIELD, according
2302 to plat thereof recorded in Plat Book 2, Pages 69-70,
2303 Public Records of Duval County, Florida.
2304
2305 Lot 12, Block 34, NEW SPRINGFIELD, according to plat
2306 thereof recorded in Plat Book 2, Pages 69-70, Public
2307 Records of Duval County, Florida.
2308
2309 Lot 9, Block 23, and part of closed alley received
2310 pursuant to ordinance 77-578-252, NEW SPRINGFIELD,
2311 according to plat thereof recorded in Plat Book 2,
2312 Pages 69-70, Public Records of Duval County, Florida.
2313
2314 Lot 8, Block 23, and part of the closed alley received
2315 pursuant to ordinance 77-578-252, NEW SPRINGFIELD,
2316 according to plat thereof recorded in Plat Book 2,
2317 Pages 69-70, Public Records of Duval County, Florida.
2318
2319 Lot 13, Block 23, and part of the closed alley
2320 received pursuant to ordinance 77-578-252, NEW
2321 SPRINGFIELD, according to plat thereof recorded in
2322 Plat Book 2, Pages 69-70, Public Records of Duval
2323 County, Florida.
2324
2325 Lots 10, 11 and 12, Block 23, NEW SPRINGFIELD,
Page 93 of 125
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HB 1497 2022
2326 according to plat thereof recorded in Plat Book 2,
2327 Pages 69-70, Public Records of Duval County, Florida.
2328
2329 Lot 9, Block 20, NEW SPRINGFIELD, according to plat
2330 thereof recorded in Plat Book 2, Pages 69-70, Public
2331 Records of Duval County, Florida.
2332
2333 Lot 8, Block 20, NEW SPRINGFIELD, according to plat
2334 thereof recorded in Plat Book 2, Pages 69-70, Public
2335 Records of Duval County, Florida.
2336
2337 Lot 13, Block 20, NEW SPRINGFIELD, according to plat
2338 thereof recorded in Plat Book 2, Pages 69-70, Public
2339 Records of Duval County, Florida.
2340
2341 Lots 10, 11 and 12, Block 20, NEW SPRINGFIELD,
2342 according to plat thereof recorded in Plat Book 2,
2343 Pages 69-70, Public Records of Duval County, Florida.
2344
2345 Lot 8, Block 9, NEW SPRINGFIELD, according to plat
2346 thereof recorded in Plat Book 2, Pages 69-70, Public
2347 Records of Duval County, Florida, together with the
2348 East 1/2 of the vacated alley lying immediately West
2349 of the adjoining said Lot 8; and Lots 9 and 10, Block
2350 9, NEW SPRINGFIELD, according to plat thereof recorded
Page 94 of 125
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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 1497 2022
2351 in Plat Book 2, Pages 69-70, Public Records of Duval
2352 County, Florida, together with the West 1/2 of the
2353 vacated alley lying immediately east of the adjoining
2354 said Lots 9 and 10.
2355
2356 (8) The San Marco Transportation Corridor is that
2357 part of the San Marco Overlay of the City of
2358 Jacksonville, Duval County, Florida, described as:
2359
2360 Lot 1, Block 2, ALFORD PARK, according to the map
2361 thereof as recorded in Plat Book 16, Page 25, Public
2362 Records of Duval County, Florida.
2363
2364 Lot 2, Block 2, ALFORD PARK, according to the map
2365 thereof as recorded in Plat Book 16, Page 25, Public
2366 Records of Duval County, Florida.
2367
2368 Lots 1 and 2, Block 17, FLETCHER PARK, according to
2369 plat thereof recorded in Plat Book 7, Page 14, Public
2370 Records of Duval County, Florida.
2371
2372 Lot 4, Block 17, FLETCHER PARK, according to plat
2373 thereof recorded in Plat Book 7, Page 14, Public
2374 Records of Duval County, Florida.
2375
Page 95 of 125
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HB 1497 2022
2376 Lot 3, Block 17, FLETCHER PARK, according to plat
2377 thereof recorded in Plat Book 7, Page 14, Public
2378 Records of Duval County, Florida.
2379
2380 Lot 6, Block 17, FLETCHER PARK, according to plat
2381 thereof recorded in Plat Book 7, Page 14, Public
2382 Records of Duval County, Florida.
2383
2384 Lot 5, Block 17, FLETCHER PARK, according to plat
2385 thereof recorded in Plat Book 7, Page 14, Public
2386 Records of Duval County, Florida.
2387
2388 Lot 8, Block 17, FLETCHER PARK, according to plat
2389 thereof recorded in Plat Book 7, Page 14, Public
2390 Records of Duval County, Florida.
2391
2392 Lot 7, Block 17, FLETCHER PARK, according to plat
2393 thereof recorded in Plat Book 7, Page 14, Public
2394 Records of Duval County, Florida.
2395
2396 Lot 10, Block 17, FLETCHER PARK, according to plat
2397 thereof recorded in Plat Book 7, Page 14, Public
2398 Records of Duval County, Florida.
2399
2400 Lot 9, Block 17, FLETCHER PARK, according to plat
Page 96 of 125
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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 1497 2022
2401 thereof recorded in Plat Book 7, Page 14, Public
2402 Records of Duval County, Florida.
2403
2404 Lots 1, 2, 3, 4, 5 and 6, Block 16, FLETCHER PARK,
2405 according to plat thereof recorded in Plat Book 7,
2406 Page 14, Public Records of Duval County, Florida.
2407
2408 Lot 8, Block 16, FLETCHER PARK, according to plat
2409 thereof recorded in Plat Book 7, Page 14, Public
2410 Records of Duval County, Florida.
2411
2412 Lot 7, Block 16, FLETCHER PARK, according to plat
2413 thereof recorded in Plat Book 7, Page 14, Public
2414 Records of Duval County, Florida.
2415
2416 Lots 9 and 10, Block 16, FLETCHER PARK, according to
2417 plat thereof recorded in Plat Book 7, Page 14, Public
2418 Records of Duval County, Florida.
2419
2420 Lot 1, Block 14, FLETCHER PARK, according to plat
2421 thereof recorded in Plat Book 7, Page 14, Public
2422 Records of Duval County, Florida.
2423
2424 Lot 2, Block 14, FLETCHER PARK, according to plat
2425 thereof recorded in Plat Book 7, Page 14, Public
Page 97 of 125
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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 1497 2022
2426 Records of Duval County, Florida, together with that
2427 portion of Thacker Avenue vacated by Ordinance No.
2428 2006-831-E, as recorded in Official Records Book
2429 13494, Page 144, Public Records of Duval County,
2430 Florida.
2431
2432 Lots 3 through 10, Block 14, and Lots 5, 6, 8, 9, 10,
2433 Block 15, FLETCHER PARK, according to plat thereof
2434 recorded in Plat Book 7, Page 14, Public Records of
2435 Duval County, Florida, together with that portion of
2436 Thacker Avenue vacated by Ordinance No. 2006-831-E, as
2437 recorded in Official Records Book 13494, Page 144,
2438 Public Records of Duval County, Florida.
2439
2440 Lots 1 and 2, Block 15, FLETCHER PARK, according to
2441 plat thereof recorded in Plat Book 7, Page 14, Public
2442 Records of Duval County, Florida, together with that
2443 portion of Thacker Avenue vacated by Ordinance No.
2444 2006-831-E, as recorded in Official Records Book
2445 13494, Page 144, Public Records of Duval County,
2446 Florida.
2447
2448 Lot 3, Block 15, FLETCHER PARK, according to plat
2449 thereof recorded in Plat Book 7, Page 14, Public
2450 Records of Duval County, Florida, together with that
Page 98 of 125
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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 1497 2022
2451 portion of Thacker Avenue vacated by Ordinance No.
2452 2006-831-E, as recorded in Official Records Book
2453 13494, Page 144, Public Records of Duval County,
2454 Florida.
2455
2456 Lots 4, Block 15, FLETCHER PARK, according to plat
2457 thereof recorded in Plat Book 7, Page 14, Public
2458 Records of Duval County, Florida.
2459
2460 Lot 7, Block 15, FLETCHER PARK, according to plat
2461 thereof recorded in Plat Book 7, Page 14, Public
2462 Records of Duval County, Florida, together with that
2463 portion of Thacker Avenue vacated by Ordinance No.
2464 2006-831-E, as recorded in Official Records Book
2465 13494, Page 144, Public Records of Duval County,
2466 Florida.
2467
2468 Lots 10, 11, Avondale Company's Replat of Block 10,
2469 SAN MARCO, according to plat thereof recorded in Plat
2470 Book 15, Page 99, Public Records of Duval County,
2471 Florida.
2472
2473 A portion of Lot 9, Block 10, San Marco Avondale
2474 Company's Replat of Block 10, SAN MARCO, according to
2475 Plat Book 15, Page 99, Public Records of Duval County,
Page 99 of 125
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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 1497 2022
2476 Florida.
2477
2478 Lot 1, Block 10, FLETCHER PARK, according to plat
2479 thereof recorded in Book 7, Page 14, Public Records of
2480 Duval County, Florida.
2481
2482 Lot 2, Block 10, FLETCHER PARK, according to plat
2483 thereof recorded in Book 7, Page 14, Public Records of
2484 Duval County, Florida.
2485
2486 Lot 3 and 4 and north 15 feet of Lot 5, Block 10,
2487 FLETCHER PARK, according to plat thereof recorded in
2488 Book 7, Page 14, Public Records of Duval County,
2489 Florida.
2490
2491 Lot 5, Block 10, FLETCHER PARK, according to plat
2492 thereof recorded in Book 7, Page 14, Public Records of
2493 Duval County, Florida.
2494
2495 Lot 1, Block 11, FLETCHER PARK, according to plat
2496 thereof recorded in Book 7, Page 14, Public Records of
2497 Duval County, Florida.
2498
2499 Lot 2, Block 11, FLETCHER PARK, according to plat
2500 thereof recorded in Book 7, Page 14, Public Records of
Page 100 of 125
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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 1497 2022
2501 Duval County, Florida.
2502
2503 Lot 3, Block 11, FLETCHER PARK, according to plat
2504 thereof recorded in Book 7, Page 14, Public Records of
2505 Duval County, Florida.
2506
2507 Lots 1 through 4, Block 12, FLETCHER PARK, according
2508 to plat thereof recorded in Book 7, Page 14, Public
2509 Records of Duval County, Florida.
2510
2511 Lots 1, 2 and a portion of Lot 3, Block 13, FLETCHER
2512 PARK, according to plat thereof recorded in Plat Book
2513 7, Page 14, Public Records of Duval County, Florida,
2514 and Lot 30, Block 11, SHADYSIDE, as recorded in Plat
2515 Book 2, Page 91, Public Records of Duval County,
2516 Florida, as more particularly described in Deed
2517 recorded at Official Records Book 17206, Page 1384,
2518 Public Records of Duval County, Florida.
2519
2520 Lot 6 and the Westerly 4 feet of Lot 7, Block 11, SAN
2521 MARCO, according to plat thereof recorded in Plat Book
2522 15, Page 64, Public Records of Duval County, Florida.
2523
2524 Lot 5, Block 11, SAN MARCO, according to plat thereof
2525 recorded in Plat Book 15, Page 64, Public Records of
Page 101 of 125
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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 1497 2022
2526 Duval County, Florida.
2527
2528 Lots 2, 3 and 4, Block 11, SAN MARCO, according to
2529 plat thereof recorded in Plat Book 15, Page 64, Public
2530 Records of Duval County, Florida.
2531
2532 Lot 1, Block 11, Avondale Company's Replat of SAN
2533 MARCO, according to plat thereof recorded in Plat Book
2534 15, Page 64 Public Records of Duval County, Florida.
2535
2536 Lots 10 and 11, Block 9, SAN MARCO, according to plat
2537 thereof recorded in Plat Book 11, Page 5, Public
2538 Records of Duval County, Florida.
2539
2540 Lot 9, Block 9, SAN MARCO, according to plat thereof
2541 recorded in Plat Book 11, Page 5, Public Records of
2542 Duval County, Florida.
2543
2544 Lots 6, 7 and 8, Block 9, SAN MARCO, according to plat
2545 thereof recorded in Plat Book 11, Page 5, Public
2546 Records of Duval County, Florida.
2547
2548 Lots 5 and 6, Block 9, SAN MARCO, according to plat
2549 thereof recorded in Plat Book 11, Page 5, Public
2550 Records of Duval County, Florida.
Page 102 of 125
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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 1497 2022
2551
2552 Lot 13, Block 7, Avondale Company's Replat of SAN
2553 MARCO, according to plat thereof recorded in Plat Book
2554 15, Page 64 Public Records of Duval County, Florida.
2555
2556 A portion of Lot 11 and Lot 12, Block 7, SAN MARCO,
2557 according to plat thereof recorded in Plat Book 11,
2558 Page 5, Public Records of Duval County, Florida.
2559
2560 Easterly 26.0 feet of Lot 9, all of Lot 10 and the
2561 Westerly 25.35 feet of Lot 11, Block 7, SAN MARCO,
2562 according to plat thereof recorded in Plat Book 11,
2563 Page 5, Public Records of Duval County, Florida,
2564 together with that part of San Marco Boulevard more
2565 particularly described as follows: Begin at the
2566 Northeast corner of Lot 10, Block 7, Avondale
2567 Company's Replat of Lots 7 to 11, Block 7 and all of
2568 Block 11, San Marco (Plat Book 11, Page 5) according
2569 to the plat recorded in Plat Book 15, Page 64, Public
2570 Records of Duval County, Florida; thence Northwesterly
2571 along the Northeasterly line of said Lot 10 a distance
2572 of 50 feet to the Northwesterly corner of said Lot 10;
2573 thence Northeasterly, perpendicular to last mentioned
2574 line, a distance of 9 feet; thence Southeasterly,
2575 parallel to and distant 9 feet from said Northeasterly
Page 103 of 125
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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 1497 2022
2576 line of said Lot 10, a distance of 50 feet; thence
2577 Southwesterly a distance of 9 feet to the point of
2578 beginning.
2579
2580 Lots 8 and 9, Block 7, SAN MARCO, according to plat
2581 thereof recorded in Plat Book 11, Page 5, Public
2582 Records of Duval County, Florida.
2583
2584 Lot 7, Block 7, Avondale Company's Replat of SAN
2585 MARCO, according to plat thereof recorded in Plat Book
2586 15, Page 64 Public Records of Duval County, Florida.
2587
2588 Lot 15, Block 6, SAN MARCO, according to plat thereof
2589 recorded in Plat Book 11, Page 5, Public Records of
2590 Duval County, Florida.
2591
2592 Lot 13, Lot 14 and Lot 15, and a portion of Lot 16,
2593 Block 5, RIVIERA, according to plat thereof recorded
2594 in Plat Book 7, Page 37, Public Records of Duval
2595 County, Florida.
2596
2597 Lot 1, Block 3, RIVIERA, according to plat thereof
2598 recorded in Plat Book 7, Page 37, Public Records of
2599 Duval County, Florida.
2600
Page 104 of 125
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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 1497 2022
2601 Lot 38, RIVIERA PLACE, according to plat thereof
2602 recorded in Plat Book 8, Page 35, Public Records of
2603 Duval County, Florida.
2604
2605 Lots 28 and 29, RIVIERA PLACE, according to plat
2606 thereof recorded in Plat Book 8, Page 35, Public
2607 Records of Duval County, Florida.
2608
2609 Lots 10, 11, 12, and 13, Replat of Block 7,
2610 SCHNEIDER'S Replat of Blocks 6 and 7, OKLAHOMA,
2611 according to plat thereof recorded in Plat Book 7,
2612 Page 22, Public Records of Duval County, Florida.
2613
2614 Lot 1 of a replat of Block 7, SCHNEIDER'S Replat of
2615 Blocks 6 and 7, OKLAHOMA, as recorded in Plat Book 7,
2616 pages 22 Public Records of Duval County, Florida.
2617
2618 Lot 2, Replat of Block 7, SCHNEIDER'S Replat of Blocks
2619 6 and 7, OKLAHOMA, according to plat thereof recorded
2620 in Plat Book 7, Page 22, Public Records of Duval
2621 County, Florida.
2622
2623 Lot 17, Block C of CLARKES'S replat of Block 16,
2624 OKLAHOMA, according to the plat thereof as recorded in
2625 Plat Book 7, Page 32, Public Records of Duval County,
Page 105 of 125
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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 1497 2022
2626 Florida.
2627
2628 Lot 18, Block C, CLARKE'S replat of Block 16,
2629 OKLAHOMA, according to the plat thereof, recorded in
2630 Plat Book 7, page 32, Public Records of Duval County,
2631 Florida.
2632
2633 Lot 2, Block C, CLARKE'S replat of Block 16, OKLAHOMA,
2634 according to plat thereof recorded in Plat Book 7,
2635 Page 32, Public Records of Duval County, Florida.
2636
2637 Lot 1, Block C, CLARKE'S replat of Block 16, OKLAHOMA,
2638 according to the map or plat thereof as recorded in
2639 Plat Book 7, page 32, Public Records of Duval County,
2640 Florida.
2641
2642 Lots 17 and 18, Block D, Clark's replat of Block 16,
2643 OKLAHOMA, according to plat thereof recorded in Plat
2644 Book 7, page 32 Public Records of Duval County,
2645 Florida.
2646
2647 The Easterly 76 feet of Lot 1, Block D, Clarke's
2648 replat of Block 16, OKLAHOMA, according to the plat
2649 thereof recorded in Plat Book 7, Page 32, Public
2650 Records of Duval County, Florida.
Page 106 of 125
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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 1497 2022
2651
2652 Lots 17 and 18, Block 4, PHILLIPS ADDITION TO PALM
2653 PARK, according to plat thereof as recorded in Plat
2654 Book 8 Page 11, of Public Records of Duval County,
2655 Florida.
2656
2657 Lot 5, Block 4, PHILLIPS ADDITION TO PALM PARK,
2658 according to plat thereof as recorded In Plat Book 8,
2659 page 11 Public Records of Duval County, Florida.
2660
2661 Lots 17 and 18 of Block 3, PHILLIPS ADDITION TO PALM
2662 PARK according to plat thereof recorded in Plat Book
2663 8, page 11, Public Records of Duval County, Florida.
2664
2665 Lot 2 and the East 30 feet of Lot 3, Block 3, PHILLIPS
2666 ADDITION TO PALM PARK, according to plat there of as
2667 recorded in Plat Book 8, Page 11, Public Records of
2668 Duval County, Florida.
2669
2670 Lot 1, Block 3 of PHILLIPS ADDITION TO PALM PARK,
2671 according to the plat thereof as recorded in Plat Book
2672 8, Page 11, Public Records of DUVAL County, Florida.
2673
2674 Lot 4, IDEAL INVESTMENT COMPANY'S replat of Block 23,
2675 OKLAHOMA SUBDIVISION, according to the plat thereof
Page 107 of 125
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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 1497 2022
2676 recorded in Plat Book 7, Page 30, Public Records of
2677 Duval County, Florida.
2678
2679 Lot 5, IDEAL INVESTMENT COMPANY'S replat of Block 23,
2680 OKLAHOMA SUBDIVISION, according to the plat thereof
2681 recorded in Plat Book 7, Page 30, Public Records of
2682 Duval County, Florida.
2683
2684 Lot 6, IDEAL INVESTMENT COMPANY'S replat of Block 23,
2685 OKLAHOMA SUBDIVISION, according to the plat thereof
2686 recorded in Plat Book 7, Page 30, Public Records of
2687 Duval County, Florida.
2688
2689 Lots 7 and 8, IDEAL INVESTMENT COMPANY'S replat of
2690 Block 23, OKLAHOMA SUBDIVISION, according to the plat
2691 thereof recorded in Plat Book 7, Page 30, Public
2692 Records of Duval County, Florida.
2693
2694 Lot 9, IDEAL INVESTMENT COMPANY'S replat of Block 23,
2695 OKLAHOMA SUBDIVISION, according to the plat thereof
2696 recorded in Plat Book 7, Page 30, Public Records of
2697 Duval County, Florida.
2698
2699 Lots 10 and 11, Ideal Investment Company's replat of
2700 Block 23, OKLAHOMA Subdivision, according to the plat
Page 108 of 125
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HB 1497 2022
2701 thereof recorded in Plat Book 7, Page 30, Public
2702 Records of Duval County, Florida.
2703
2704 A part of Lots 10 and 11, Block 15, OKLAHOMA,
2705 according to plat recorded in Plat Book 2, Page 7,
2706 Public Records of Duval County, Florida, particularly
2707 described as follows:
2708
2709 Beginning at a point on the Southerly side of Cedar
2710 Street, South Jacksonville, Florida, which point is
2711 109 feet Easterly of the Northwest corner of said Lot
2712 10; thence Easterly along the Southerly side of Cedar
2713 Street 50 feet to the Northeast corner of said Lot 10;
2714 thence Southerly and parallel with Forest Avenue, 100
2715 feet; thence Westerly and parallel with Cedar Street
2716 50 feet; thence Northerly and parallel with Forest
2717 Avenue, 100 feet to point of beginning.
2718
2719 South 20 feet of Lot 11 and the North 30 feet of Lot
2720 12, Block 15, OKLAHOMA, according to the Plat thereof
2721 as recorded in Plat Book 2, Page 7, Public Records of
2722 Duval County, Florida.
2723
2724 South 30 feet of Lot 12 and the North 20 feet of Lot
2725 13, Block 15, OKLAHOMA, according to the Plat thereof
Page 109 of 125
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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 1497 2022
2726 as recorded in Plat Book 2, Page 7, Public Records of
2727 Duval County, Florida.
2728
2729 Lot 13, EXCEPT the Easterly 60 feet thereof and also,
2730 EXCEPTING the Northerly 20 feet thereof, and all of
2731 Lots 14, and 15, Block 15, OKLAHOMA, according to the
2732 Plat thereof as recorded in Plat Book 2, Page 7,
2733 Public Records of Duval County, Florida.
2734
2735 Lot 16, Block 15, OKLAHOMA, according to plat thereof
2736 recorded in Plat Book 2, Page 7, Public Records of
2737 Duval County, Florida.
2738
2739 Lot 18, Block 15, OKLAHOMA, as recorded in Plat Book
2740 2, Page 7, Public Records of Duval County, Florida.
2741
2742 Lots 17 & 18, Block 15, OKLAHOMA, according to the
2743 plat thereof recorded in Plat Book 2, Page 7, Public
2744 Records of Duval County, Florida.
2745
2746 The West 105 feet of Lot 12, Block 6, SCHNEIDER'S
2747 REPLAT, according to the plat thereof recorded in Plat
2748 Book 4, page 37, Public Records of Duval County,
2749 Florida.
2750
Page 110 of 125
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HB 1497 2022
2751 The East 441/4 feet of Lots 11 and 12, Block 6,
2752 SCHNEIDER'S REPLAT of Block 6 and 7, OKLAHOMA,
2753 according to the map or plat thereof, as recorded in
2754 Plat Book 4, Page 37, Public Records of Duval County,
2755 Florida.
2756
2757 West 105 feet of Lot 11, Block 6, SCHNEIDER'S REPLAT
2758 of Blocks 6 and 7 OKLAHOMA, according to the Plat
2759 thereof as recorded in Plat Book 4, Page 37, Public
2760 Records of DUVAL County, Florida.
2761
2762 Lot 10, Block 6, SCHNEIDER'S REPLAT of Blocks 6 and 7
2763 OKLAHOMA, according to the Plat thereof as recorded in
2764 Plat Book 4, Page 37, Public Records of DUVAL County,
2765 Florida.
2766
2767 Lot 9, Block 6, SCHNEIDER'S REPLAT of Blocks 6 and 7,
2768 OKLAHOMA, according to plat thereof recorded in Plat
2769 Book 4, Page 37, Public Records of Duval County,
2770 Florida.
2771
2772 Lots 7 and 8, Block 6, SCHNEIDER'S REPLAT of Blocks 6
2773 and 7, OKLAHOMA, according to plat thereof recorded in
2774 Plat Book 4, Page 37, Public Records of Duval County,
2775 Florida.
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HB 1497 2022
2776
2777 Lot 6, Block 6, SCHNEIDER'S REPLAT of Block 6 and 7
2778 OKLAHOMA, as recorded in Plat Book 4, Page 37, Public
2779 Records of Duval County, Florida.
2780
2781 Lot 7, Block 2, RIVIERA, as recorded in Plat Book 7,
2782 Page 37, all as recorded in the Public Records of
2783 Duval County, Florida.
2784
2785 Lot 10 and the Easterly portion of Lot 11, in Block 5,
2786 RIVIERA, according to the plat recorded in Plat Book
2787 7, Page 37, Public Records of Duval County, Florida.
2788
2789 Lots 1 through 18, Block 28, OKLAHOMA, according to
2790 plat thereof recorded in Plat Book 2, Page 7, Public
2791 Records of Duval County, Florida, together with that
2792 certain 18′ alley lying between the westerly line of
2793 Lots 1 through 9 and the easterly line of Lots 10
2794 through 18, Block 28, OKLAHOMA, according to Plat Book
2795 2, Page 7, Public Records of Duval County, Florida.
2796
2797 Lot 1, Block Eleven 11, OKLAHOMA according to Plat
2798 thereof recorded in Plat Book 2, at Page 7, Public
2799 Records of Duval County, Florida.
2800
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HB 1497 2022
2801 North 1/2 of Lot 2, Block 11, OKLAHOMA, according to
2802 Plat thereof as recorded in Plat Book 2, Page 7,
2803 Public Records of Duval County, Florida.
2804
2805 South 1/2 of Lot 2, Block 11, OKLAHOMA, according to
2806 plat thereof as recorded in Plat Book 2, Page 7,
2807 Public Records of Duval County, Florida.
2808
2809 Lot 3 and the Northerly 6 inches, more or less, Lot 4,
2810 Block 11, OKLAHOMA, according to plat recorded in Plat
2811 Book 2, page 7 Public Records of Duval County,
2812 Florida.
2813
2814 The South 59.5 feet of Lot 4, Block 11, OKLAHOMA,
2815 according to plat thereof as recorded in Plat Book 2,
2816 page 7, Public Records of Duval County, Florida.
2817
2818 Lots 5 & 6, Block 11, OKLAHOMA, as recorded in Plat
2819 Book 2, Page 7, Public Records of Duval County,
2820 Florida.
2821
2822 The South 30 feet of Lot 6 and all of Lot 7, Block 11,
2823 of OKLAHOMA, according to plat thereof as recorded in
2824 Plat Book 2, Page 7, Public Records of Duval County,
2825 Florida.
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HB 1497 2022
2826
2827 Lot 9, Block 11, OKLAHOMA, as recorded in Plat Book 2,
2828 Page 7, Public Records of Duval County, Florida.
2829
2830 Lot 1, Block 2, OKLAHOMA, as recorded in Plat Book 2,
2831 Page 7, Public Records of Duval County, Florida.
2832
2833 Lot 1, Block 6, SHADYSIDE, according to plat thereof
2834 recorded in Plat Book 2, Page 91, Public Records of
2835 Duval County, Florida.
2836
2837 Lots 2 and 3, Block 6, SHADYSIDE, according to plat
2838 thereof recorded in Plat Book 2, Page 91, Public
2839 Records of Duval County, Florida.
2840
2841 Lot 4, Block 6, SHADYSIDE, according to plat thereof
2842 recorded in Plat Book 2, Page 91, Public Records of
2843 Duval County, Florida.
2844
2845 Lots 5 and 6, Block 6, SHADYSIDE, according to plat
2846 thereof recorded in Plat Book 2, Page 91, Public
2847 Records of Duval County, Florida.
2848
2849 Lot 7, Block 6, SHADYSIDE, according to plat thereof
2850 recorded in Plat Book 2, Page 91, Public Records of
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HB 1497 2022
2851 Duval County, Florida.
2852
2853 Lots 8, 9 and 10, Block 6, SHADYSIDE, according to
2854 plat thereof recorded in Plat Book 2, Page 91, Public
2855 Records of Duval County, Florida.
2856
2857 That part of those lands conveyed by Harley Wiles, as
2858 trustee for John A. Wiles and said John A. Wiles to
2859 Joseph E. Sallas and Marie H. Sallas, his wife, by
2860 deed dated May 30, 1921, recorded in deed book 211,
2861 page 195, Public records of Duval County, Florida, and
2862 that part of those lands conveyed by Villa Alexandria
2863 Homes Company to Joseph E. Sallas and Marie H. Sallas,
2864 his wife, by that deed dated October 25, 1934,
2865 recorded in deed book 680, page 471, Public records of
2866 Duval County, Florida, more particularly described as
2867 follows: beginning at a point on Landon Avenue, which
2868 point is on the south side of said Landon Avenue 153
2869 feet westerly of the west side of Hendricks Avenue,
2870 thence southerly and parallel with said Hendricks
2871 Avenue 102.4 feet to the north line of San Marco
2872 Place, according to plat thereof recorded in plat book
2873 15, page 22, Public records of Duval County, Florida,
2874 thence westerly along the north line of said San Marco
2875 Place, 50.82 feet, thence northerly along the line
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2876 parallel with Hendricks Avenue 101.75 feet to the
2877 southerly line of Landon Avenue, thence easterly along
2878 the southerly line of Landon Avenue 51 feet to the
2879 point of beginning. Said tract being the lot described
2880 in deed recorded in deed book 923, page 53, Public
2881 Records of Duval County, Florida.
2882
2883 Parcel D - part of the William Craig grant, section
2884 46, township 2 south, range 26 east, described as the
2885 easterly half of that property conveyed to Joseph E.
2886 Sallas and Marie H. Sallas by Harley Wiles as trustee
2887 for John A. Wiles, by deed dated May 30, 1921 recorded
2888 in deed book 211, page 196 Public records of said
2889 county, said easterly half being more particularly
2890 described as follows, to wit: commencing at a point in
2891 the southerly line of Landon Avenue 102 feet westerly
2892 of the westerly line of Hendricks Avenue; thence
2893 southerly and parallel to Hendricks Avenue 103.88 feet
2894 to a point; thence westerly along the northerly line
2895 of San Marco Place according to plat recorded in plat
2896 book 15, page 22 of said public records, a distance of
2897 approximately 51 feet to the property heretofore
2898 conveyed by Joseph E. Sallas and Marie H. Sallas to
2899 Frank F. Roberts and Madeline Roberts, his wife;
2900 thence northerly and parallel to the westerly line of
Page 116 of 125
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HB 1497 2022
2901 said Hendricks Avenue, a distance of 102.4 feet to a
2902 point in the southerly line of Landon Avenue; thence
2903 easterly along the southerly line of Landon Avenue 51
2904 feet to the point of beginning. Also any portion of
2905 that property described in deed from San Marco Place
2906 company to Joseph E. Sallas and Marie H. Sallas, dated
2907 December 25, 1941, recorded in deed book 923, page 55
2908 lying between the side lines of the above described
2909 property, if extended in a southerly direction, to the
2910 north line of San Marco Place, not covered by the
2911 first description above.
2912
2913 Parcel E - that part of the tract of land recorded in
2914 deed book 112, page 196, shown on the plat of
2915 Shadyside in the William Craig grant, section 46,
2916 township 2, south, range 26 east, recorded in plat
2917 book 2, page 91 marked "john a. Wiles" public records
2918 of Duval County, Florida, described as follows:
2919 beginning near the northeast corner of said tract at
2920 the intersection of the westside of Hendricks Avenue
2921 and the southside of Landon Avenue as shown on said
2922 plat; running thence southerly along the western side
2923 of Hendricks Avenue one hundred twenty three feet
2924 (123) to a point; thence running westerly at right
2925 angles to Hendricks Avenue one hundred feet (100) to a
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2926 point; running thence northerly and parallel to
2927 Hendricks Avenue one hundred three and 88/100 feet
2928 (103.88′) to a point on the southside of Landon
2929 Avenue; running thence easterly along the southside of
2930 Landon Avenue one hundred two feet (102′) to the point
2931 of beginning.
2932
2933 Lot 13, SAN MARCO PLACE, according to plat thereof
2934 recorded in Plat Book 15, Page 22, Public Records of
2935 Duval County, Florida.
2936
2937 A portion of Lot 11, Block 10, San Marco Avondale
2938 Company's Replat of Block 10, SAN MARCO, according to
2939 Plat Book 15, Page 99, Public Records of Duval County,
2940 Florida, also known as Unit 2000-2 and more
2941 particularly described in Deed recorded in Official
2942 Records Book 8922, Page 1974, Public Records of Duval
2943 County, Florida.
2944
2945 Lot 8 and a portion of Lot 9, Block 10, San Marco
2946 Avondale Company's Replat of Block 10, SAN MARCO,
2947 according to Plat Book 15, Page 99, Public Records of
2948 Duval County, Florida, also described as Unit 2016.
2949
2950 A portion of Lot 9 and Lot 8, Block 10, San Marco
Page 118 of 125
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2951 Avondale Company's Replat of Block 10, SAN MARCO,
2952 according to Plat Book 15, Page 99, Public Records of
2953 Duval County, Florida.
2954
2955 Lots 5, 6 and 7, Block 10, San Marco Avondale
2956 Company's Replat of Block 10, SAN MARCO, according to
2957 Plat Book 15, Page 99, Public Records of Duval County,
2958 Florida.
2959
2960 Lots 1, Block 21, FLETCHER PARK, according to the plat
2961 thereof recorded in Plat Book 7, page 14, of the
2962 current public record of Duval County, Florida.
2963
2964 The North 50 feet of the South 150 feet of Lot 3,
2965 Block 13, FLETCHER PARK, according to plat thereof
2966 recorded in Plat Book 7, Page 14, Public Records of
2967 Duval County, Florida.
2968
2969 Lots 16, 28, 29, Block 11, SHADYSIDE, according to
2970 plat thereof recorded in Plat Book 2, Page 91, Public
2971 Records of Duval County, Florida.
2972
2973 Lots 26 and 27, Block 11, SHADYSIDE, according to plat
2974 thereof recorded in Plat Book 2, Page 91, Public
2975 Records of Duval County, Florida.
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2976
2977 Lots 26 and 27, Block 11, SHADYSIDE, according to plat
2978 thereof recorded in Plat Book 2, Page 91, Public
2979 Records of Duval County, Florida.
2980
2981 Lot 25, Block 11, SHADYSIDE, according to plat thereof
2982 recorded in Plat Book 2, Page 91, Public Records of
2983 Duval County, Florida.
2984
2985 Lots 23 and 24, Block 11, SHADYSIDE, according to plat
2986 thereof recorded in Plat Book 2, Page 91, Public
2987 Records of Duval County, Florida.
2988
2989 Lots 20, 21, 22, Block 11, SHADYSIDE, according to
2990 plat thereof recorded in Plat Book 2, Page 91, Public
2991 Records of Duval County, Florida.
2992
2993 Lots 4 and 18, Block 11, SHADYSIDE, according to plat
2994 thereof recorded in Plat Book 2, Page 91, Public
2995 Records of Duval County, Florida.
2996
2997 Lot 5, Block 11, SHADYSIDE, according to plat thereof
2998 recorded in Plat Book 2, Page 91, Public Records of
2999 Duval County, Florida.
3000
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HB 1497 2022
3001 Lot 10 and parts of Lots 11 and 12, Block 5,
3002 SHADYSIDE, according plat thereof recorded in Plat
3003 Book 2, Page 91, of the current public record of Duval
3004 County, Florida, as more particularly described in
3005 Deed recorded at Official Records Book 11556, Page
3006 873, Public Records of Duval County, Florida.
3007
3008 Lot 12 and 13, Block 5, SHADYSIDE, according to plat
3009 thereof recorded in Plat Book 2, Page 91, Public
3010 Records of Duval County, Florida.
3011
3012 Lots 1, 2,3,16 and 17, Block 5, SHADYSIDE, according
3013 to plat thereof recorded in Plat Book 2, Page 91,
3014 Public Records of Duval County, Florida.
3015
3016 Fractional Block 1, OKLAHOMA, according to the plat
3017 thereof recorded in Plat Book 2, Page 7, Public
3018 Records of Duval County, Florida, said Fractional part
3019 of said Block being bounded by North LaSalle Street,
3020 formerly Pine Street, East by Thacker Avenue, formerly
3021 Myrtle Avenue, West by Hendricks Avenue, and South by
3022 Block 5, according to the plat of SHADYSIDE, Plat Book
3023 2, Page 91, Public Records of Duval County, Florida.
3024
3025 All of Block A, SAN MARCO, according to plat thereof
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HB 1497 2022
3026 recorded in Plat Book 11, Page 5, Public Records of
3027 Duval County, Florida.
3028
3029 Lots 1, 2, 3, 4, 12, 13 and 14, Block 10, San Marco
3030 Avondale Company's Replat of Block 10, SAN MARCO,
3031 according to Plat Book 15, Page 99, Public Records of
3032 Duval County, Florida.
3033
3034 Lot 13, Block 6, SAN MARCO, according to plat thereof
3035 recorded in Plat Book 11, Page 5, Public Records of
3036 Duval County, Florida.
3037
3038 Lot 12, Block 6, SAN MARCO, according to plat thereof
3039 recorded in Plat Book 11, Page 5, Public Records of
3040 Duval County, Florida.
3041
3042 Lot 1 and the Northerly 30 feet of Lot 2, Block 20,
3043 OKLAHOMA, according to plat thereof recorded in Plat
3044 Book 2, Page 7, Public Records of Duval County,
3045 Florida.
3046
3047 Southerly 30 feet of Lot 2 and fractional Lot 3, Block
3048 20, OKLAHOMA, according to plat thereof recorded in
3049 Plat Book 2, Page 7, Public Records of Duval County,
3050 Florida.
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HB 1497 2022
3051
3052 Portion of Lots 3 and 4, Block 20, OKLAHOMA, according
3053 to plat thereof recorded in Plat Book 2, Page 7,
3054 Public Records of Duval County, Florida, as more
3055 particularly described in Deed Book 5814, Page 867,
3056 Public Records of Duval County, Florida.
3057
3058 Lots 5, 6, 7, 8, Block 20, OKLAHOMA, according to plat
3059 thereof recorded in Plat Book 2, Page 7, Public
3060 Records of Duval County, Florida, together with the
3061 westerly one-half of ally closed by Ordinance No. AA-
3062 307.
3063
3064 Lot 9, Block 20, OKLAHOMA, according to plat thereof
3065 recorded in Plat Book 2, Page 7, Public Records of
3066 Duval County, Florida, together with the westerly one -
3067 half of alley closed by Ordinance No. AA-307.
3068
3069 (9) The Kings Avenue Commercial Corridor is all lands
3070 fronting on Kings Avenue between Prudential Drive and
3071 Atlantic Boulevard.
3072
3073 Section 2. Notwithstanding s. 561.20(1), Florida Statutes,
3074 in the areas herein described as Northside West, Northside East,
3075 Southbank, Riverside Avondale Urban Transition Area, Riverside
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3076 Avondale Commercial Character Areas, Murray Hill Commercial
3077 Area, Springfield Commercial Area, and San Marco Transportation
3078 Corridor, the Division of Alcoholic Beverages and Tobacco of the
3079 Department of Business Regulation may issue a special alcoholic
3080 beverage license to any bona fide restaurant containing all
3081 necessary equipment and supplies for and serving full course
3082 meals regularly and having accommodations at all times for
3083 service of 100 or more patrons at tables and occupying not less
3084 than 1,800 square feet of floor space which derive no less than
3085 51 percent of gross income per annum from the sale of food
3086 consumed on the premises; provided that such licenses shall be
3087 subject to local zoning requirements and to any provision of the
3088 alcoholic beverage laws of the state and rules of the division
3089 not inconsistent herewith.
3090 Section 3. Notwithstanding s. 561.20(1), Florida Statutes,
3091 in the areas herein described as Northside West, Northside East,
3092 and Kings Avenue Commercial Corridor, the Division of Alcoholic
3093 Beverages and Tobacco of the Department of Business Regulation
3094 may issue a special alcoholic beverage license to any public
3095 food service establishment that is equipped to serve 50 or more
3096 persons at one time and occupying not less than 1,000 square
3097 feet of service area which derives at least 51 percent of its
3098 gross food and beverage revenue from the sale of food and
3099 nonalcoholic beverages; provided that such licenses shall be
3100 subject to local zoning requirements and to any provision of the
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3101 alcoholic beverage laws of the state and rules of the division
3102 not inconsistent herewith.
3103 Section 2. This act shall take effect upon becoming a law.
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PCS for HB 575
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 575 Vacation and Timeshare Plans
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Regulatory Reform Subcommittee Thompson Anstead
SUMMARY ANALYSIS
A timeshare interest is a form of ownership of real and personal property where multiple parties hold the right
to use a condominium unit or a cooperative unit, and each owner of a timeshare interest is allotted a period of
time (typically one week) during which the owner has the exclusive right to use the property. The Florida
Vacation Plan and Timesharing Act establishes requirements for the creation, sale, exchange, promotion, and
operation of timeshare plans, including requirements for full and fair disclosure to purchasers and prospective
purchasers. The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of
Business and Professional Regulation (DBPR) administers the Act.
The bill:
Allows timeshare developers to electronically deliver certain documents.
Eliminates certain requirements for the offering of incidental benefits in the sale of a timeshare plan.
Allows a purchaser to assign or transfer incidental benefits without the approval of the provider.
Revises the requirements for the cancellation of a timeshare plan by clarifying that the term “execution
date” refers to the execution date of the contract.
Extends the period for voiding a contract for which the closing occurred before the expiration of the
required cancellation period from one year to five years. Under the bill, the period for voiding a contract
for which a prohibited attempt has been made to obtain the waiver of the cancellation right remains one
year.
Expands the definition for the term “advertising material” to include any message, text, picture, video, or
other content made available, delivered, or shared electronically through the Internet or any other
Internet-based access.
Exempts electronic advertising materials from required disclosures if such disclosures are given before
a purchaser takes any affirmative action pursuant to a promotion.
Revises the provisions for the resolution of owner disputes related to the allocation of the share of the
net proceeds from the disposition of the timeshare property in a termination.
Allows the board of administration or the members of an owners’ association to conduct board
meetings or owners’ meetings electronically.
Authorizes the managing entity of a timeshare plan and the board of an owners’ association to exercise
specified emergency powers.
Allows timeshare estates and timeshare licenses to be offered in a nonspecific multisite timeshare plan.
Allows electronic delivery of required notices in the foreclosure of a mortgage interest or assessment
lien.
Revises certain foreclosure procedures.
The bill does not appear to have an impact on state or local government.
The effective date of the bill is upon becoming law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0575.RRS
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida Vacation Plan and Timesharing Act
A timeshare interest is a form of ownership of real and personal property.1 In a timeshare, multiple
parties hold the right to use a condominium unit or a cooperative unit. Each owner of a timeshare
interest is allotted a period of time (typically one week) during which the owner has the exclusive right
to use the property.
Chapter 721, F.S., the Florida Vacation Plan and Timesharing Act (Act), administered by the Division of
Florida Condominiums, Timeshares, and Mobile Homes (Division) within the Department of Business
and Professional Regulation (DBPR), establishes requirements for the creation, sale, exchange,
promotion, and operation of timeshare plans, including requirements for full and fair disclosure to
purchasers and prospective purchasers.2 The Act applies to all timeshare plans consisting of more than
seven timeshare periods over a period of at least three years when the accommodations and facilities
are located or offered within this state.3 The Act governs vacation plans and timesharing,4 and multisite
vacation and timeshare plans that are also known as vacation clubs.5
The term “timeshare plan” means any arrangement, plan, scheme, or similar device, other than an
exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental
agreement, license, or right-to-use agreement or by any other means, where a purchaser, for
consideration, receives ownership rights in or a right to use accommodations and facilities, if any, for a
period of time less than a full year during any given year, but not necessarily for consecutive years.6
The term includes both personal property timeshare and real property timeshare plans. 7
Each timeshare plan must have a managing entity that must be the developer, a separate manager or
management firm, or an owners’ association. The managing entity operates or maintains the timeshare
plan.8
A timeshare unit is an accommodation of a timeshare plan which is divided into timeshare periods or a
condominium unit in which timeshare estates have been created. 9
A “timeshare estate” is a right to occupy a timeshare unit, coupled with a freehold estate or an estate
for years with a future interest in a timeshare property or a specified portion thereof. 10 The term also
includes an interest in a condominium unit, a cooperative unit, or a trust. Whether the term includes
both direct and indirect interests in trusts is not specified. An example of an indirect interest in a trust is
the interest of a trust beneficiary’s spouse or other dependent.
1 See s. 721.05(36), F.S.
2 S. 721.02(2) and (3), F.S.
3 S. 721.03, F.S.
4 Ch. 721, part I, F.S.
5 Ch. 721, part II, F.S.
6 S. 721.05(39), F.S.
7 A “personal property timeshare plan,” is a timeshare plan in which the accommodations are comprised of personal property that is
not permanently affixed to real property. s. 721.05(39)(a) F.S. A “real property timeshare plan,” is a timeshare plan in whic h the
accommodations of the timeshare plan are comprised of or permanently affixed to real property. Section 721.05(39)(b ), F.S.
8 S. 721.13(1)(a), F.S. The duties of a managing entity are provided in s. 721.13(3), F.S.
9 See ss. 721.05(41) and 718.103(26), F.S.
10 S. 721.05(34), F.S.
STORAGE NAME: pcs0575.RRS PAGE: 2
DATE: 2/1/2022
A “timeshare license” is the right to occupy a timeshare unit, which right is not a personal property
timeshare interest or a timeshare estate.11 A “timeshare interest” is a timeshare estate, a personal
property timeshare interest, or a timeshare license.12
Exemptions from Condominium and Cooperative Associations
A timeshare plan is subject to chs. 718 and 719, F.S., relating to condominium and cooperative
associations, respectively. However, if the plan is compliant with the Act it is exempt from certain
provisions of chs. 718 or 719, F.S., including provisions relating to sales or reservation deposits prior to
closing, disclosures prior to sale, and conversions to condominiums or cooperatives. 13
A declaration of condominium, which is the instrument that creates a condominium, 14 must provide, if
timeshare estates will or may be created with respect to any unit in the condominium, a statement in
conspicuous type declaring that timeshare estates will or may be created with respect to units in the
condominium. The declaration of condominium must also define and describe in detail the degree,
quantity, nature, and extent of the timeshare estates that will or may be created. 15
Timeshare estates may not be created with respect to any condominium unit except pursuant to
provisions in the declaration expressly permitting the creation of such estates.16
Current law relating to amending the declaration of condominium, prohibits, unless otherwise provided
in the declaration as originally recorded, an amendment to the declaration to create timeshare estates
in any unit of the condominium, unless the record owner of each unit of the condominium and the
record owners of liens on each unit of the condominium join in the execution of the amendment. 17
Public Offering Statement
Current law requires a developer to submit to the Division a public offering statement before any
timeshare plan is offered for sale.18 The Division must prescribe the form of the public offering
statement and approve the public offering statement before it is delivered to prospective purchasers. 19
The public offering statement must contain a statement in conspicuous type informing the purchaser of
a timeshare plan of their statutory right to cancel their purchase contract before midnight of the 10th
calendar day following the date the purchaser signed the purchase contract, the date on which the
purchaser received the last of all documents required to be given pursuant to s. 721.07(2)(d)2., F.S., or
10 calendar days after the purchaser receives any required revisions, whichever is later. 20 The
Developer is required to furnish each purchaser with the following:21
A copy of the purchaser public offering statement text in the form approved by the Division for
delivery to purchasers.
Copies of the exhibits required to be filed with the Division.
A receipt for timeshare plan documents and a list describing any exhibit to the filed public
offering statement filed with the Division which is not delivered to the purchaser.
o The Division is authorized to prescribe by rule the form of the receipt for timeshare plan
documents and the description of exhibits list that must be furnished to the purchaser.
o The description of documents list utilized by a developer must be filed with the Division
for review as part of the filed public offering statement.
11 S. 721.05(37), F.S.
12 S. 721.05(36), F.S.
13 See s. 721.03(3), F.S.
14 S. 718.103(15), F.S.
15 S. 718.104(4)(o), F.S.
16 S. 718.1045, F.S.
17 S. 718.110(8), F.S.
18 S. 721.07, F.S.
19 S. 721.07(6), F.S.
20 See also s. 721.10, F.S., providing for a 10-day cancellation period.
21 S. 721.07(6), F.S.
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o The developer must provide the managing entity with a copy of the approved filed public
offering statement and any approved amendments to be maintained by the managing
entity as part of the books and records of the timeshare plan.
Any other exhibit which the developer includes as part of the purchaser public offering
statement, provided that the developer first files the exhibit with the Division.
An executed copy of any document which the purchaser signs.
Incidental Benefits
Current law permits the offering of specified incidental benefits to purchasers of timeshare interests
under specified circumstances.22 The term “incidental benefit” means:23
…an accommodation, product, service, discount, or other benefit which is offered to a
prospective purchaser of a timeshare plan or to a purchaser of a timeshare plan prior to the
expiration of his or her initial 10-day voidability period pursuant to s. 721.10[, F.S.,]; which is
not an exchange program as defined in [s. 721.05(16), F.S.]; and which complies with the
provisions of s. 721.075[, F.S.] The term shall not include an offer of the use of the
accommodations and facilities of the timeshare plan on a free or discounted one-time basis.
Examples of incidental benefits would be exchange rights, travel insurance, bonus weeks, referral
awards, and golf and tennis packages.24
Incidental benefits are subject to required disclosures and restriction, including a limit on the aggregate
represented value of all incidental benefits offered by a developer to a purchaser of not more than 15
percent of the purchase price paid by the purchaser for his or her timeshare interest. The incidental
benefits must be filed with the Division for review in conjunction with the filing of a timeshare plan or in
connection with a previously filed timeshare plan.25
In addition, each purchaser of a timeshare plan must execute a separate acknowledgment and
disclosure statement with respect to all incidental benefits. The acknowledgment and disclosure
statement must include certain information, including a statement that: 26
Explains the use of or participation in the incidental benefit by the prospective purchaser is
completely voluntary, and that payment of any fee or other cost associated with the incidental
benefit is required only upon such use or participation;
Indicates the source of the services, points, or other products that constitute the incidental
benefit; and
Explains that the incidental benefit is not assignable or otherwise transferable by the
prospective purchaser or purchaser.
The acknowledgement and disclosure statement must be filed with the division prior to use. 27
The developer must promptly notify the division upon learning of the unavailability of any incidental
benefit.28
Cancellations
Current law provides for the cancellation of a timeshare plan contract by the purchaser based on
whichever of the following timeframes occurs later: 29
22 S. 721.075, F.S.
23 S. 721.05(19), F.S.
24 See https://www.lawinsider.com/dictionary/incidental-
benefit#:~:text=Incidental%20benefit%20means%20an%20acco mmodation,voidability%20period%20pursuant%20to%20s . (last
visited Jan. 23, 2022).
25 Section 721.075(2), F.S.
26 Id.
27 Id.
28 S. 721.075(3)(a), F.S.
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DATE: 2/1/2022
Before midnight of the 10th calendar day following the date of the execution;
The date on which the purchaser received the last of all documents required to be given
pursuant to s. 721.07(2)(d)2., F.S.; or
Ten calendar days after the purchaser received any required revisions. 30
It is unlawful to attempt to obtain a waiver of the cancellation right of the timeshare purchaser, or to
hold the closing prior to the expiration of the cancellation period. Such closing is voidable at the option
of the purchaser for a period of one year after the expiration of the cancellation period.
Advertising Materials
Current law provides for the regulation of advertising materials used in connection with the sale of a
timeshare plan.31 The term “advertising material” includes a variety of materials and advertising
methods, including promotional brochures, pamphlets, and radio and television advertisements. 32
All written advertising material, including any lodging certificate, gift award, premium, discount, or
display booth, must provide a disclosure in conspicuous type in substantially the following form: 33
This advertising material is being used for the purpose of soliciting sales of timeshare
interests; or This advertising material is being used for the purpose of soliciting sales of a
vacation (or vacation membership or vacation ownership) plan.
The Division may approve the use of an alternate disclosure. This conspicuous disclosure must be
provided before the purchaser is required to take any affirmative action pursuant to the promotion. 34
Termination of Timeshare Plans
Current law provides for termination of timeshare plans upon the vote or written consent of 60 percent
of all the voting interests in the timeshare plan.35
After termination of a timeshare plan, the board of administration of the owners’ association (board)
serves as the termination trustee. In that fiduciary capacity, the board may bring a partition action on
behalf of the tenants in common in each former timeshare property, or may sell the former timeshare
property in any manner and to any person approved by a majority of all the tenants in common. The
termination trustee also has all other powers reasonably necessary to accomplish the partition or sale,
including the power to maintain the property while the partition action or sale is pending, and must
adopt reasonable procedures to implement the partition or sale and comply with these requirements. 36
All reasonable expenses incurred by the termination trustee relating to the performance of the trustee’s
duties, including reasonable fees of attorneys and other professionals, must be paid by the tenants in
common, in proportion to their ownership interests.37
The termination trustee may adopt reasonable procedures to implement the partition or sale of the
former timeshare property and comply with the requirements of s. 721.125, F.S., for the termination of a
timeshare plan.38
29 S. 721.10, F.S.
30 S. 721.07(2)(d), F.S.
31 S. 721.11, F.S.
32 See s. 721.11(2), F.S.
33 S. 721.11(5)(a), F.S.
34 Id.
35 S. 721.125, F.S.
36 S. 721.125(3)(a)1., F.S.
37 S. 721.125(3)(a)2., F.S.
38 S. 721.125(3)(a)3., F.S.
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The timeshare plan termination provisions apply to timeshare plans that have been in existence for at
least 25 years as of the effective date of the termination vote or consent required by s. 721.125(1),
F.S.39
Management of a Timeshare Plan
Current law requires the developer to provide a managing entity for each timeshare plan. The
managing entity may be the developer, a separate manager or management company, or an owners’
association.40
Managing Entity Emergency Powers
Sections 718.1265, 719.128, and 720.316, F.S., provide for the exercise of emergency powers by the
boards of condominium, cooperative, and homeowners’ associations, respectively, in response to injury
and to an anticipated declared state of emergency. The emergency powers for these association
boards include provisions for the conduct meetings and elections, in whole or in part, by telephone,
real-time videoconferencing, or similar real-time electronic or video communication, and for the giving
of meeting notices by electronic transmission.
The Act does not provide a comparable emergency authority for the managing entity of a timeshare
plan.
Vacation Club Definitions
The term “nonspecific multisite timeshare plan” is defined to mean:41
A multisite timeshare plan with respect to which a purchaser receives a right to use all of the
accommodations and facilities, if any, of the multisite timeshare plan through the reservation
system, but no specific right to use any particular accommodations and facilities for the
remaining term of the multisite timeshare plan in the event that the reservation system is
terminated for any reason prior to the expiration of the term of the multisite timeshare plan.
The term “timeshare estate” is defined to mean:42
A right to occupy a timeshare unit, coupled with a freehold estate or an estate for years with
a future interest in a timeshare property or a specified portion thereof, or coupled with an
ownership interest in a condominium unit, an ownership interest in a cooperative unit, or a
direct or indirect beneficial interest in certain trusts, provided that the trust does not contain
any personal property timeshare interests. A timeshare estate is a parcel of real property.
The term “timeshare license” is defined to mean a right to occupy a timeshare unit, which right is not a
personal property timeshare interest43 or a timeshare estate.44
Current law providing for the offering of timeshare estates in a “specific multisite plan” 45 requires a
specific multisite plan to contain or provide for all of the following matters: 46
The purchaser will receive a timeshare estate as defined in s. 721.05, F.S., in one of the
component sites of the specific multisite timeshare plan. The use rights in the other component
39 S. 721.125(4), F.S.
40 S. 721.13, F.S.
41 S. 721.52(5), F.S.
42 S. 721.05(34), F.S.
43 S. 721.05(28), F.S.
44 S. 721.05(37), F.S.
45 S. 721.52(7), F.S., defining the term “specific multisite plan.”
46 S. 721.57(2), F.S.
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sites of the multisite timeshare plan shall be made available to the purchaser through the
reservation system pursuant to the timeshare instrument.
In the event that the reservation system is terminated or otherwise becomes unavailable for any
reason prior to the expiration of the term of the specific multisite timeshare plan:
o The purchaser will be able to continue to use the accommodations and facilities of the
component site in which she or he has been conveyed a timeshare estate in the manner
described in the timeshare instrument for that component site for the remaining term of
the timeshare estate; and
o Any use rights in that component site which had previously been made available through
the reservation system to purchasers of the specific multisite timeshare plan who were
not offered a timeshare estate at that component site will terminate when the reservation
system is terminated or otherwise becomes unavailable for any reason.
Any offering that does not comply with these requirements is deemed to be an offering of a timeshare
license.47
The term “timeshare estate,” is defined, in part, as a parcel of real property under the laws of this
state.48 The use rights to the real property, i.e., a timeshare estate, continue in the event the
reservation system is terminated or otherwise becomes unavailable for any reason prior to the
expiration of the term of the specific multisite timeshare plan. 49
Multisite Timeshare Plan Public Offering Statement
Current law requires a public offering statement for a multisite timeshare plan to contain certain
information and disclosures.50 The public offering statement must contain a description of each
component site, which description may be disclosed in a written, graphic, tabular, or other form
approved by the Division. In addition, the description of each component site must include certain
information, including each type of accommodation in terms of the number of bedrooms, bathrooms,
sleeping capacity, and whether or not the accommodation contains a full kitchen. For purposes of this
description, a full kitchen means a kitchen having a minimum of a dishwasher, range, sink, oven, and
refrigerator.51
Specified documents must be included as exhibits to the filed public offering statement, if applicable,
including an estimated budget for the timeshare plan and purchaser’s expenses as required by the
jurisdiction in which the component site is located. 52
Foreclosures
Current law provides specific guidelines for the foreclosure of liens on timeshare interests.53
The term “permitted delivery service” is defined to mean “any nationally recognized common carrier
delivery service, international airmail service that allows for return receipt service, or a service
recognized by an international jurisdiction as the equivalent of certified, registered mail for that
jurisdiction.”54
The service of process for a foreclosure proceeding for assessment liens may be made on any person
whether the person is located inside or outside this state, by certified mail, registered mail, permitted
47 S. 721.57(1),F.S.
48 S. 721.05(34), F.S.
49 S. 721.57(2)(b)2., F.S.
50 S. 721.55, F.S.
51 S. 721.55(4)(l), F.S.
52 S. 721.55(7), F.S.
53 Ss. 721.80 through 721.86, F.S.
54 S. 721.82(11), F.S.
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delivery service, return receipt requested, addressed to the person to be served at the notice address,
or on the person’s registered agent duly appointed under s. 721.84, F.S., at the registered office. 55
The foreclosure process for assessment liens permits the obligor to object to the lienholder's use of the
trustee foreclosure procedure for a specific default any time before the sale of the timeshare interest. 56
The foreclosure trustee must send the obligor a written notice of default and intent to foreclose the
assessment lien to the notice address of the obligor by certified mail, registered mail, or permitted
delivery service, return receipt requested, and by first-class mail, postage prepaid.57
Current law also provides comparable provisions for the trustee foreclosure of mortgage liens.58
Effect of the Bill
Public Offering Statement
The bill allows a developer to provide each purchaser of the timeshare plan with the approved public
offering statement electronically instead of in a fully executed paper copy. Electronic delivery of the
public offering statement may be done through a website or other Internet-based access, if the
developer discloses to the purchaser the system requirements necessary to view the approved public
offering statement and advises the purchaser to not select an alternative method of receiving the
approved public offering statement unless he or she is able to review the approved public offering
statement before the expiration of the 10-day cancellation period.
The bill allows the documents that must be furnished to each purchaser of a timeshare plan to be
furnished electronically through a website or other Internet-based access.
Incidental Benefits
The bill allows a purchaser to assign or transfer an incidental benefit without the approval of the
provider of the incidental benefit.
The bill removes:
Certain requirements for the offering of incidental benefits in the sale of a timeshare plan.
The limitation on the aggregate represented value of all incidental benefits.
The requirement that incidental benefits be filed with the Division for review.
The requirement for an acknowledgement and disclosure statement indicating the source of the
services, points, or other products that constitute the incidental benefit.
The requirements that the developer promptly notify the division upon learning of the
unavailability of any incidental benefit.
Cancellations
The bill clarifies the meaning of the term “execution date” to refer to the execution date of the “contract.”
The bill extends the period for voiding a contract for which the closing occurred before the expiration of
the cancellation period from one year to five years. Under the bill, the period for voiding a contract for
which an attempt has been made to obtain the waiver of the cancellation right remains one year.
Advertising Materials
55 S. 721.85, F.S.
56 S. 721.855(3),F.S.
57 S. 721.855(5),F.S.
58 S. 721.856, F.S.
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The bill expands the definition for the term “advertising material” to include any message, text, picture,
video, or other content made available, delivered, or shared electronically through the Internet or any
other Internet-based access. The bill exempts such electronic advertising materials from the disclosure
under s. 721.11(5), F.S., if such disclosures are given before a purchaser takes any affirmative action
pursuant to a promotion.
Termination of Timeshare Plans
The bill revises provisions related to the termination of timeshare plans.
The bill clarifies that the board of administration of the owners' association is required to serve as
termination trustee for the purposes of implementing the termination of the timeshare plan, unless
another person is appointed as the termination trustee during the termination or by the court. The
termination trustee acts in a fiduciary capacity to the owners of timeshare interests in a timeshare plan.
The termination trustee also has all other powers necessary to comply with the requirements of this
subsection.
The bill provides that, if an owner disputes the allocated share of the net proceeds from the disposition
of the timeshare property, the trustee may file an interpleader action in circuit court and deposit the
disputed funds into the court registry, at which time the timeshare property and the proceeds distributed
pursuant to a disposition of the timeshare property are free of all claims and liens of the parties to the
interpleader action.
The bill applies the termination procedures to all a timeshare plans in the state in existence on or after
July 1, 2022, provided that the timeshare plan has been in existence for at least 25 years as of the
effective date of the termination of the timeshare plan.
Management of Timeshare Plan
The bill prohibits a managing entity from sending notices that are required to be sent to the owner of a
timeshare interest pursuant to chs. 718, 719, or 721, F.S., to the address of the owner’s timeshare unit
or timeshare plan.
The bill allows the board of administration or the members of an owners’ association to conduct board
meetings or owners’ meetings electronically.
Managing Entity Emergency Powers
The bill authorizes the managing entity of a timeshare plan and the board of an owners’ association to
exercise emergency powers in response to an actual or anticipated emergency, as defined in s.
252.34(4), F.S., including, but not limited to a state of emergency declared by the Governor for the
location of the timeshare accommodations or facilities of the timeshare plan. The authorized
emergency powers include:
Cancelling and rescheduling any board of administration and owners’ meeting;
Naming assistant officers who shall have the same powers as executive officers of the
association with the same authority as the officers they are assisting;
Temporarily relocating the managing entity’s principal office or designate alternative principal
offices;
Entering into agreements with local government for assistance;
Implementing an emergency plan that may include, but is not limited to, shutting down or off
elevators; electricity; water, sewer, or security systems; or air conditioners;
Determining that all or any portion of the timeshare property is unavailable for entry, use, or
occupancy by the owners or the owners' family members, tenants, guests, agents, invitees,
exchangers, or other occupants of the timeshare property to protect the health, safety, or
welfare of such persons or to protect the accommodations or facilities of the timeshare plan;
Requiring the evacuation of the timeshare property and providing notice of such evacuation to
any owner or other occupant located on the timeshare property. If any owner or other occupant
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fails or refuses to evacuate the timeshare property after the managing entity has required
evacuation and provided notice, the managing entity is immune from liability or injury to persons
or property arising from such failure or refusal;
Determining if all or a portion of the timeshare property, including recreational and other
accommodations or facilities, may be safely used, inhabited, or occupied, and whether all or a
portion of such property needs to be closed for a period of time. However, such determination is
not conclusive as to any determination of habitability pursuant to the timeshare instrument;
Mitigate further damage, including taking action to contract for the removal of debris and to
prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by
removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or
within the timeshare property;
Levying a special assessment without a vote of the owners even if such authority does not
specifically appear in the timeshare instrument;
Borrowing money and pledging association assets without a vote of the unit owners;
Issuing emergency rules regarding the operation of the reservations systems, and modifying or
suspending rights to use the timeshare property and the one-to-one right to use requirement;
Transferring funds in any deferred maintenance or capital expenditure reserve account to any
operating account without the consent of a majority of the purchasers of the timeshare plan; and
Taking any other actions reasonably necessary to protect the health, safety, and welfare of the
owners and the owners’ family members, tenants, guests, agents, invitees, exchangers, and
other occupants or to protect the timeshare property.
Multisite Timeshare Plan Public Offering Statement
The bill allows the description of each component site, which may be disclosed in a written, graphic,
tabular, or other form approved by the Division, that each filed public offering statement for a multisite
timeshare plan must contain, to be provided to the purchaser electronically, including, but not limited to,
through a website or other Internet-based access.
The bill provides that a developer is not required to file a separate public offering statement for any
component site located within or outside the state in order to include the component site in the
multistate timeshare plan.
Foreclosures
The bill revises the definition for the term “permitted delivery service” to mean delivery to an e-mail
address, if provided by the obligor, with evidence that the lienholder received the e-mail. The revised
definition also provides that permitted delivery service is only authorized for obligors who reside outside
the United States.
The bill revises the laws relating to the foreclosure of assessment liens and the foreclosure of mortgage
liens to provide identical service and notice requirements for the trustee’s foreclosure of a mortgage
interest or assessment lien.
The bill requires the obligor to object to the lienholder's use of the trustee foreclosure procedure for a
specific default within 30 days after receipt of the notice of default and intent to foreclose required
under s. 721.855(5), F.S., or s. 721.856(5), if applicable.
The bill amends the statutory notices that must be included in the notice of default and intent to
foreclose to require a 30-day response period.
The bill also requires the obligor to object to the lienholder's use of the trustee foreclosure procedure
for a specific default within 30 days of after receipt of the notice of default and intent to foreclose.
The bill removes the provisions specifying that service of the foreclosure trustee’s notice of default and
intent to foreclose is not perfected if the trustee cannot, in good faith, ascertain the person who signed
the receipt because all or a portion of the obligor’s or person’s name is not on the signed receipt or
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DATE: 2/1/2022
because the trustee cannot otherwise determine that the obligor or junior interest holder signed the
receipt.
The bill allows, if applicable, service of the foreclosure trustee’s copy of the notice of sale by “permitted
delivery service,” as redefined by the bill.
The bill removes the provisions that exempt a trustee from violations if the trustee incorrectly ascertains
that the obligor signed the return receipt for delivery of the notice of default and intent to foreclose if the
trustee made a good faith effort to properly ascertain that the obligor signed the return receipt as
required.
The bill provides that mediation, a settlement conference, or any other effort to resolve a foreclosure is
not required once a default in a judicial foreclosure of an assessment lien or mortgage lien has been
issued.
B. SECTION DIRECTORY:
Section 1: Amends s. 721.07, F.S., relating to public offering statement.
Section 2: Amends s. 72.075, F.S., relating to incidental benefits.
Section 3: Amends s. 721.10, F.S., relating to cancellation.
Section 4: Amends s. 721.11, F.S., relating to advertising materials; oral statements.
Section 5: Amends s. 721.125, F.S., relating to termination of timeshare plans.
Section 6: Amends s. 721.13, F.S., relating to management.
Section 7: Amends s. 721.131, F.S., relating to managing entity emergency powers.
Section 8: Amends s. 721.55, F.S., relating to multisite timeshare plan public offering statement.
Section 9: Amends s. 721.551, F.S., relating to delivery of multisite timeshare plan purchaser public
offering statement.
Section 10: Amends s. 721.82, F.S., relating to definitions.
Section 11: Amends s. 721.855, F.S., relating to procedure for the trustee foreclosure of assessment
liens.
Section 12: Amends s. 721.856, F.S., relating to procedure for the trustee foreclosure of mortgage
liens.
Section 13: Amends s. 721.86, F.S., relating to miscellaneous provisions.
Section 14: Amends s. 721.09, F.S., relating to reservation agreements; escrows.
Section 15: Reenacting s. 721.111, F.S., relating to prize and gift promotional offers.
Section 16: Providing an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
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DATE: 2/1/2022
1. Revenues:
None
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes the Division of Florida Condominiums, Timeshares, and Mobile Homes to prescribe
by rule a specified form on which a purchaser must select the manner in which he or she wants the
approved purchaser public offering statement delivered.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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DATE: 2/1/2022
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 575 2022
1 A bill to be entitled
2 An act relating to vacation and timeshare plans;
3 amending s. 721.07, F.S.; authorizing developers to
4 provide purchasers with the option to receive all or a
5 portion of the approved public offering statement and
6 other information electronically under certain
7 circumstances; authorizing the Division of Florida
8 Condominiums, Timeshares, and Mobile Homes to
9 prescribe by rule a specified form; requiring
10 purchasers to select the manner in which they want the
11 approved purchaser public offering statement
12 delivered; providing requirements for such form;
13 making technical changes; amending s. 721.075, F.S.;
14 removing a limitation on the aggregate represented
15 value of all incidental benefits; prohibiting the
16 transfer or assignment of an incidental benefit
17 without the approval of the benefit's provider;
18 revising the acknowledgment a purchaser must sign
19 relating to incidental benefits; removing the
20 requirement that a developer notify the division upon
21 learning that an incidental benefit is unavailable;
22 requiring a substituted incidental benefit to be made
23 available, rather than delivered, to a purchaser
24 within a specified time; making technical changes;
25 amending s. 721.10, F.S.; prohibiting any attempt to
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PCS for HB 575 2022
26 obtain a waiver of the cancellation right of the
27 purchaser; providing that a closing is voidable under
28 certain circumstances; making technical changes;
29 amending s. 721.11, F.S.; revising the definition of
30 the term "advertising material"; conforming cross-
31 references and making technical changes; amending s.
32 721.125, F.S.; providing that the board of
33 administration of the owners' association serves as
34 the termination trustee for purposes of implementing
35 the termination of a timeshare plan; providing an
36 exception; requiring the termination trustee to act in
37 a fiduciary capacity; providing powers of the
38 termination trustee; requiring certain unpaid amounts
39 to be set off against the net proceeds from the
40 disposition of the timeshare property; authorizing the
41 termination trustee to file an interpleader action in
42 certain circumstances and deposit the disputed funds
43 into the court registry; revising applicability;
44 making technical changes; amending s. 721.13, F.S.;
45 prohibiting a managing entity from sending certain
46 notices to the address of an owner's timeshare unit or
47 timeshare plan; authorizing certain meetings to be
48 conducted electronically; creating s. 721.131, F.S.;
49 authorizing a managing entity to take certain actions
50 before, during, or after an actual or anticipated
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PCS for HB 575 2022
51 emergency in certain circumstances and for certain
52 purposes; amending s. 721.55, F.S.; authorizing
53 component site information to be provided to
54 purchasers electronically; providing that a developer
55 is not required to file a separate public offering
56 statement for certain component sites; making
57 technical changes; amending s. 721.551, F.S.;
58 conforming a cross-reference and making technical
59 changes; amending s. 721.82, F.S.; revising the
60 definition of the term "permitted delivery service";
61 amending ss. 721.855 and 721.856, F.S.; revising an
62 obligor's rights to object to the trustee foreclosure
63 procedure; revising when certain notices are
64 considered perfected upon a trustee; revising delivery
65 methods for a certificate of sale; making technical
66 changes; conforming provisions to changes made by the
67 act; amending s. 721.86, F.S.; providing that certain
68 efforts to resolve a foreclosure are not required
69 under certain circumstances; reenacting ss.
70 721.09(1)(d) and 721.111(6), F.S., relating to
71 reservation agreements and escrows and prize and gift
72 promotional offers, respectively, to incorporate the
73 amendments made by the act; providing an effective
74 date.
75
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PCS for HB 575 2022
76 Be It Enacted by the Legislature of the State of Florida:
77
78 Section 1. Subsection (6) of section 721.07, Florida
79 Statutes, is amended to read:
80 721.07 Public offering statement.—Prior to offering any
81 timeshare plan, the developer must submit a filed public
82 offering statement to the division for approval as prescribed by
83 s. 721.03, s. 721.55, or this section. Until the division
84 approves such filing, any contract regarding the sale of that
85 timeshare plan is subject to cancellation by the purchaser
86 pursuant to s. 721.10.
87 (6)(a) A developer may provide each purchaser with the
88 option to receive all or any portion of the approved public
89 offering statement electronically, including, but not limited
90 to, through a website or other Internet-based access, if the
91 developer discloses to the purchaser the system requirements
92 necessary to view the approved public offering statement.
93 (b) The division is authorized to prescribe by rule the
94 form of the approved purchaser public offering statement that
95 must be furnished by the developer to each purchaser and the
96 form on which a purchaser must select the manner in which he or
97 she wants the approved purchaser public offering statement
98 delivered. The form of the purchaser public offering statement
99 must provide fair, meaningful, and effective disclosure of all
100 aspects of the timeshare plan. The purchaser manner of delivery
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101 form must disclose the system requirements necessary to view the
102 approved public offering statement electronically and advise the
103 purchaser to not select an alternative method of receiving the
104 approved public offering statement unless he or she is able to
105 review the approved public offering statement before the
106 expiration of the 10-day cancellation period under s. 721.10.
107 (c) For timeshare plans filed under pursuant to this part,
108 the developer shall furnish each purchaser with the f ollowing,
109 which may be provided electronically, including, but not limited
110 to, through a website or other Internet-based access:
111 1.(a) A copy of the purchaser public offering statement
112 and a copy of the purchaser manner of delivery form text in the
113 form approved by the division for delivery to purchasers.
114 2.(b) Copies of the exhibits required to be filed with the
115 division under pursuant to subparagraphs (5)(ff)1., 2., 4., 5.,
116 8., and 20.
117 3.(c) A receipt for timeshare plan documents and a list
118 describing any exhibit to the filed public offering statement
119 filed with the division which is not delivered to the purchaser.
120 The division is authorized to prescribe by rule the form of the
121 receipt for timeshare plan documents and the description of
122 exhibits list that must be furnished to the purchaser. The
123 description of documents list utilized by a developer must shall
124 be filed with the division for review as part of the filed
125 public offering statement under pursuant to this section. The
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126 developer is shall be required to provide the managing entity
127 with a copy of the approved filed public offering statement and
128 any approved amendments thereto to be maintained by the managing
129 entity as part of the books and records of the timeshare plan
130 under pursuant to s. 721.13(3)(d).
131 4.(d) Any other exhibit that which the developer includes
132 as part of the purchaser public offering statement, provided
133 that the developer first files the exhibit with the division.
134 5.(e) An executed copy of any document that which the
135 purchaser signs.
136 6.(f) Each purchaser shall receive A fully executed paper
137 copy of the purchase contract.
138 Section 2. Section 721.075, Florida Statutes, is amended
139 to read:
140 721.075 Incidental benefits.—Incidental benefits may shall
141 be offered only as provided in this section.
142 (1) Accommodations, facilities, products, services,
143 discounts, or other benefits which satisfy the requirements of
144 this subsection are shall be subject to the provisions of this
145 section and exempt from the other provisions of this chapter
146 which would otherwise apply to such accommodations or facilities
147 if and only if:
148 (a) The use of or participation in the incidental benefit
149 by the prospective purchaser is completely voluntary, and
150 payment of any fee or other cost associated with the incidental
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151 benefit is required only upon such use or participation.
152 (b) The No costs of acquisition, operation, maintenance,
153 or repair of the incidental benefit may not be are passed on to
154 purchasers of the timeshare plan as common expenses of the
155 timeshare plan or as common expenses of a component site of a
156 multisite timeshare plan.
157 (c) The continued availability of the incidental benefit
158 is not necessary in order for any accommodation or facility of
159 the timeshare plan to be available for use by purchasers of the
160 timeshare plan in a manner consistent in all material respects
161 with the manner portrayed by any promotional material,
162 advertising, or purchaser public offering statement.
163 (d) The continued availability to purchasers of timeshare
164 plan accommodations on no greater than a one-to-one use right to
165 use night requirement ratio is not dependent upon continued
166 availability of the incidental benefit.
167 (e) The incidental benefit will continue to be available
168 in the manner represented to prospective purchasers for up to 3
169 years or less after the first date that the timeshare plan is
170 available for use by the purchaser. Nothing herein prevents
171 shall prevent the renewal or extension of the availability of an
172 incidental benefit.
173 (f) The aggregate represented value of all incidental
174 benefits offered by a developer to a purchaser may not exceed 15
175 percent of the purchase price paid by the purchaser for his or
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176 her timeshare interest.
177 (f)(g) The incidental benefit is filed with the division
178 for review in conjunction with the filing of a timeshare plan or
179 in connection with a previously filed timeshare plan.
180 (2) Each purchaser shall execute a separate acknowledgment
181 and disclosure statement with respect to all incidental
182 benefits, which statement must shall include the following
183 information:
184 (a) A fair description of the incidental benefit,
185 including, but not limited to, any user fees or costs associated
186 therewith and any restrictions upon use or availability.
187 (b) A statement that use of or participation in the
188 incidental benefit by the prospective purchaser is completely
189 voluntary, and that payment of any fee or other cost associated
190 with the incidental benefit is required only upon such use or
191 participation.
192 (c) A statement that the incidental benefit is not
193 assignable or otherwise transferable by the prospective
194 purchaser or purchaser without the approval of the provider of
195 the incidental benefit.
196 (d) The following disclosure in conspicuous type
197 immediately above the space for the purchaser's signature:
198
199 The incidental benefit[s] described in this statement is
200 [are] offered to prospective purchasers of the timeshare plan
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201 [or other permitted reference under pursuant to s.
202 721.11(5)(a)]. This [These] benefit[s] is [are] available for
203 your use for [some period up to 3 years or less] after the first
204 date that the timeshare plan is available for your use. The
205 availability of the incidental benefit[s] may or may not be
206 renewed or extended. You should not purchase an interest in the
207 timeshare plan in reliance upon the continued availability or
208 renewal or extension of this [these] benefit[s].
209 (e) A statement indicating the source of the services,
210 points, or other products that constitute the incidental
211 benefit.
212
213 The acknowledgment and disclosure statement for any incidental
214 benefit shall be filed with the division before prior to use.
215 Each purchaser must shall receive a copy of his or her executed
216 acknowledgment and disclosure statement as a document required
217 to be provided to him or her under pursuant to s. 721.10(1)(b).
218 (3)(a) In the event that an incidental benefit becomes
219 unavailable to purchasers in the manner represented by the
220 developer in the acknowledgment and disclosure statement, the
221 developer shall pay the purchaser the greater of twice the
222 verifiable retail value or twice the represented value of the
223 unavailable incidental benefit in cash within 30 days after of
224 the date that the unavailability of the incidental benefit was
225 made known to the developer, unless the developer has reserved a
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226 substitution right under pursuant to paragraph (b) and timely
227 makes the substitution as required by paragraph (b). The
228 developer shall promptly notify the division upon learning of
229 the unavailability of any incidental benefit.
230 (b) If an incidental benefit becomes unavailable as a
231 result of events beyond the control of the developer, the
232 developer may reserve the right to substitute a replacement
233 incidental benefit of a type, quality, value, and term
234 reasonably similar to the unavailable incidental benefit. If the
235 developer reserves the right to substitute, the acknowledgment
236 and disclosure statement required under pursuant to paragraph
237 (2)(a) must shall contain the following conspicuous disclosure:
238
239 In the event any incidental benefit described in this
240 statement becomes unavailable as a result of events beyond the
241 control of the developer, the developer reserves the right to
242 substitute a replacement incidental benefit of a type, quality,
243 value, and term reasonably similar to the unavailable incidental
244 benefit.
245
246 The substituted incidental benefit must shall be made available
247 delivered to the purchaser within 30 days after the date that
248 the unavailability of the incidental benefit was made known to
249 the developer.
250 (4) All purchaser remedies under pursuant to s. 721.21 are
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251 shall be available for any violation of the provisions of this
252 section.
253 Section 3. Subsections (2) and (3) of section 721.10,
254 Florida Statutes, are renumbered as subsections (3) and (4),
255 respectively, and subsection (1) of that section is amended to
256 read:
257 721.10 Cancellation.—
258 (1) A purchaser has the right to cancel the contract until
259 midnight on of the 10th calendar day after the later of
260 following whichever of the following days occurs later:
261 (a) The execution date of the contract; or
262 (b) The day on which the purchaser received the last of
263 all documents required to be provided to him or her, including
264 the notice required by s. 721.07(2)(d)2., if applicable.
265 (2) This right of cancellation may not be waived by any
266 purchaser or by any other person on behalf of the purchaser, and
267 any attempt to obtain a waiver of the cancellation right of the
268 purchaser is unlawful. If a purchaser waives, knowingly or
269 unknowingly, his or her right of cancellation and a closing
270 occurs, such closing is voidable at the option of the purchaser
271 for up to 1 year after the date that would have been the
272 expiration of the cancellation period under subsection (1).
273 Furthermore, a no closing may not occur until the cancellation
274 period of the timeshare purchaser has expired, and if a closing
275 occurs before the expiration of the cancellation period, . Any
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276 attempt to obtain a waiver of the cancellation right of the
277 timeshare purchaser, or to hold a closing prior to the
278 expiration of the cancellation period, is unlawful and such
279 closing is voidable at the option of the purchaser for up to 5
280 years after such closing a period of 1 year after the expiration
281 of the cancellation period. However, nothing in this section
282 precludes the execution of documents in advance of closing for
283 delivery after expiration of the cancellation period.
284 Section 4. Paragraphs (b) and (e) of subsection (6) of
285 section 721.11, Florida Statutes, are amended, and paragraph (i)
286 is added to subsection (2) of that section, to read:
287 721.11 Advertising materials; oral statements.—
288 (2) The term "advertising material" includes:
289 (i) Any message, text, picture, video, or other content
290 made available, delivered, or shared electronically through the
291 Internet or any other Internet-based access. However,
292 advertising material under this paragraph does not need to
293 contain the disclosures required under subsection (5) as long as
294 such disclosures are provided to the purchaser before the
295 purchaser takes any affirmative action pursuant to a promotion.
296 (6) Failure to provide cancellation rights or disclosures
297 as required by this subsection in connection with the sale of a
298 regulated short-term product constitutes misrepresentation in
299 accordance with paragraph (4)(a). Any agreement relating to the
300 sale of a regulated short-term product must be regulated as
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301 advertising material and is subject to the following:
302 (b) A purchaser of a regulated short-term product has the
303 right to cancel the agreement until midnight of the 10th
304 calendar day after following the execution date of the
305 agreement. The right of cancellation may not be waived by the
306 prospective purchaser or by any other person on behalf of the
307 prospective purchaser. Notice of cancellation must be given in
308 the same manner prescribed for giving notice of cancellation
309 under s. 721.10(3) s. 721.10(2). If the prospective purchaser
310 gives a valid notice of cancellation or is otherwise entitled to
311 cancel the sale, the funds or other property received f rom or on
312 behalf of the prospective purchaser, or the proceeds thereof,
313 must be returned to the prospective purchaser. Such refund must
314 be made in the same manner prescribed for refunds under s.
315 721.10.
316 (e) If the seller provides the purchaser with the right to
317 cancel the purchase of a regulated short-term product at any
318 time up to 7 days before prior to the purchaser's reserved use
319 of the accommodations, but in no event less than 10 days, and if
320 the seller refunds the total amount of all payments made by the
321 purchaser reduced by the proportion of any benefits the
322 purchaser has actually received before prior to the effective
323 date of the cancellation, the specific value of which has been
324 agreed to between the purchaser and the seller, the short-term
325 product offer is shall be exempt from the requirements of
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326 paragraphs (b), (c), and (d). An agreement relating to the sale
327 of the regulated short-term product made pursuant to this
328 paragraph must contain a statement setting forth the
329 cancellation and refund rights of the prospective purchaser in a
330 manner that is consistent with this section and s. 721.10,
331 including a description of the length of the cancellation right,
332 a statement that the purchaser's intent to cancel must be in
333 writing and sent to the seller at a specified address, a
334 statement that the notice of cancellation is effective upon the
335 date sent, and a statement that any attempt to waive the
336 cancellation right is unlawful. The right of cancellation
337 provided to the purchaser under pursuant to this paragraph may
338 not be waived by the prospective purchaser or by any other
339 person on behalf of the prospective purchaser. Notice of
340 cancellation must be given in the same manner prescribed for
341 giving notice of cancellation under s. 721.10(3) pursuant to s.
342 721.10(2). If the prospective purchaser gives a valid notice of
343 cancellation, or is otherwise entitled to cancel the sale, the
344 funds or other property received from or on behalf of the
345 prospective purchaser, or the proceeds thereof, shall be
346 returned to the prospective purchaser. Such refund shall be made
347 in the manner prescribed for refunds under s. 721.10.
348 Section 5. Section 721.125, Florida Statutes, is amended
349 to read:
350 721.125 Termination of timeshare plans.—
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351 (1) Unless the timeshare instrument provides otherwise,
352 the vote or written consent, or both, of 60 percent of all
353 voting interests in a timeshare plan may terminate the term of
354 the timeshare plan at any time. If a timeshare plan is
355 terminated under pursuant to this section, the termination has
356 immediate effect pursuant to applicable law and the timeshare
357 instrument as if the effective date of the termination were the
358 original date of termination.
359 (2) The board of administration of the owners' association
360 shall serve as termination trustee for the purposes of
361 implementing the termination of a timeshare plan, unless another
362 person is appointed as the termination trustee during the
363 termination of the timeshare plan under subsection (1) or by the
364 court. The termination trustee acts in a fiduciary capac ity to
365 the owners of timeshare interests in a timeshare plan. The
366 termination trustee has all other powers necessary to comply
367 with the requirements of this section.
368 (3) If a termination vote or the written consent under
369 pursuant to subsection (1) is proposed for a component site of a
370 multisite timeshare plan located in the this state, the proposed
371 termination is effective only if the person authorized to make
372 additions or substitutions of accommodations and facilities
373 pursuant to the timeshare instrument also approves the
374 termination.
375 (4)(a)(3)(a) If the timeshare property is managed by an
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376 owners' association that is separate from any underlying
377 condominium, cooperative, or homeowners' association, the
378 termination of a timeshare plan does not change the corporate
379 status of the owners' association. The owners' association may
380 continue continues to exist only for the purposes of concluding
381 its affairs, prosecuting and defending actions by or against it,
382 collecting and discharging obligations, disposing of and
383 conveying its property, collecting and dividing its assets, and
384 otherwise complying with this subsection.
385 1. After termination of a timeshare plan, the board of
386 administration of the owners' association shall serve as the
387 termination trustee, and in such fiduciary capacity may bring an
388 action in partition on behalf of the tenants in common in each
389 former timeshare property or sell the former timeshare property
390 in any manner and to any person who is approved by a majority of
391 all such tenants in common. The termination trustee also has all
392 other powers reasonably necessary to effect the partition or
393 sale of the former timeshare property, including the power to
394 maintain the property during the pendency of any partition
395 action or sale.
396 2. All reasonable expenses incurred by the termination
397 trustee relating to the performance of its duties pursu ant to
398 this subsection, including the reasonable fees of attorneys and
399 other professionals, must be paid by the tenants in common of
400 the former timeshare property subject to partition or sale,
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401 proportionate to their respective ownership interests.
402 3. The termination trustee shall adopt reasonable
403 procedures to implement the partition or sale of the former
404 timeshare property and comply with the requirements of this
405 subsection.
406 (b) If a timeshare plan is terminated in a timeshare
407 condominium or timeshare cooperative and the underlying
408 condominium or cooperative is not simultaneously terminated, a
409 majority of the tenants in common in each former timeshare unit
410 present and voting in person or by proxy at a meeting of such
411 tenants in common conducted by the termination trustee, or
412 conducted by the board of administration of the condominium or
413 cooperative association, if such association managed the former
414 timeshare property, shall designate a voting representative for
415 the unit and file a voting certificate with the condominium or
416 cooperative association. The voting representative may vote on
417 all matters at meetings of the condominium or cooperative
418 association, including termination of the condominium or
419 cooperative.
420 (c) After termination of a timeshare plan, the termination
421 trustee may bring an action in partition on behalf of the
422 tenants in common in each former timeshare property or sell the
423 former timeshare property in any manner and to any person who is
424 approved by a majority of all such tenants in common or the
425 voting representative, as applicable. The termination trustee
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426 has all other powers reasonably necessary to effect the
427 partition or sale of the former timeshare property, including
428 the power to maintain the property during the pendency of any
429 partition action or sale.
430 (d) All reasonable expenses incurred by the termination
431 trustee relating to the performance of his or her duties under
432 this subsection, including reasonable attorney fees or fees for
433 other professionals, must be paid by the tenants in common of
434 the former timeshare property subject to partition or sale,
435 proportionate to their respective ownership interests.
436 (e) The timeshare trustee shall adopt reasonable
437 procedures to implement the partition or sale of the former
438 timeshare property and to comply with the requirements of this
439 subsection.
440 (f) Any unpaid assessments, taxes, late fees, interest,
441 fines, charges, or other amounts due and owing to the managing
442 entity by an owner of a timeshare interest must be set off
443 against, and reduce the share of, the net proceeds from the
444 disposition of the timeshare property that are allocated to such
445 owner.
446 (g) If an owner of a timeshare interest or any other
447 person claiming an interest in such owner's allocated share of
448 the net proceeds from the disposition of the timeshare property
449 disputes the distribution of such proceeds, the termination
450 trustee may file an interpleader action in circuit court and
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451 deposit the disputed funds into the court registry, at which
452 time the timeshare property and the proceeds distributed
453 pursuant to a disposition of the timeshare property are free of
454 all claims and liens of the parties to the interpleader action.
455 (5)(4) This section applies only to all a timeshare plans
456 in the state that exist on or after July 1, 2022, provided that
457 the timeshare plan has existed that has been in existence for at
458 least 25 years as of the effective date of the termination of
459 the timeshare plan vote or consent required by subsection (1).
460 Section 6. Subsection (14) is added to section 721.13,
461 Florida Statutes, to read:
462 721.13 Management.—
463 (14) Notwithstanding any provision of chapter 718 or
464 chapter 719 to the contrary:
465 (a) A managing entity may not send notices that are
466 required to be delivered to an owner of a timeshare interest
467 pursuant to chapter 718, chapter 719, or this chapter to the
468 address of the owner's timeshare unit or the address of the
469 owner's timeshare plan.
470 (b) The board of administration or the members of an
471 owners' association may conduct board meetings or owners'
472 meetings electronically and without the need for the meeting to
473 be held at a physical location.
474 Section 7. Section 721.131, Florida Statutes, is created
475 to read:
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476 721.131 Managing entity emergency powers.—
477 (1) Notwithstanding any provision to the contrary in
478 chapter 718, chapter 719, or the timeshare instrument, to the
479 extent allowed by law and consistent with s. 617.0830, a
480 managing entity, including a board of administration for an
481 owners' association, in response to an actual or anticip ated
482 emergency, as defined in s. 252.34(4), including, but not
483 limited to, a state of emergency declared by the Governor
484 pursuant to s. 252.36, in the locale in which the accommodations
485 or facilities of a timeshare plan are located, may exercise the
486 following powers:
487 (a) Cancel and reschedule any board of administration
488 meetings or owners' meetings.
489 (b) Name as assistant officers persons who are not
490 directors of the owners' association. Assistant officers have
491 the same authority as the executive officers to whom they are
492 assisting during the state of emergency to accommodate the
493 incapacity or unavailability of any officer of the owners'
494 association.
495 (c) Temporarily relocate the managing entity's principal
496 office or designate alternative principal offices.
497 (d) Enter into agreements with counties and municipalities
498 to assist them with emergency matters.
499 (e) Implement an emergency plan that may include, but is
500 not limited to, shutting down or off elevators; electricity;
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501 water, sewer, or security systems; or air conditioners.
502 (f) Determine that all or any portion of the timeshare
503 property is unavailable for entry, use, or occupancy by the
504 owners or the owners' family members, tenants, guests, agents,
505 invitees, exchangers, or other occupants of the timeshare
506 property to protect the health, safety, or welfare of such
507 persons or to protect the accommodations or facilities of the
508 timeshare plan.
509 (g) Require the evacuation of the timeshare property and
510 provide notice of such evacuation to any owner or other occupant
511 located on the timeshare property. If any owner or other
512 occupant fails or refuses to evacuate the timeshare property
513 after the managing entity has required evacuation and provided
514 notice, the managing entity is immune from liability or injury
515 to persons or property arising from such failure or refusal.
516 (h) Determine whether all or a portion of the timeshare
517 property, including recreational and other accommodations or
518 facilities, may be safely used, inhabited, or occupied, and
519 whether all or a portion of such property needs to be closed for
520 a period of time. However, such determination is not conclusive
521 as to any determination of habitability pursuant to the
522 timeshare instrument.
523 (i) Mitigate further damage, including taking action to
524 contract for the removal of debris and to prevent or mitigate
525 the spread of fungus, including, but not limited to, mold or
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526 mildew, by removing and disposing of wet drywall, insulation,
527 carpet, cabinetry, or other fixtures on or within the timeshare
528 property.
529 (j) Regardless of any provision to the contrary and even
530 if such authority does not specifically appear in the timeshare
531 instrument, levy special assessments without a vote of the
532 owners.
533 (k) Without a vote of the owners, borrow money and pledge
534 managing entity assets as collateral to fund emergency actions
535 or repairs and carry out the duties of the managing entity when
536 operating funds are insufficient. This paragraph does not limit
537 the general authority of the managing entity to borrow money,
538 subject to such restrictions as are contained in the timeshare
539 instrument.
540 (l) Issue emergency rules and regulations, or temporarily
541 modify existing rules and regulations, regarding the operation
542 of the timeshare plan reservation system as required under ss.
543 721.13(3)(g) and 721.13(12)(a) or the multisite timeshare plan
544 reservation system as required under s. 721.56(6). This
545 authority includes issuing or modifying emergency rules and
546 regulations to add, modify, or suspend use rights to address the
547 loss of or restricted use of purchasers' timeshare interests as
548 a result of the emergency or to comply with federal, state, or
549 local orders. For this limited purpose, enforcement of the one-
550 to-one use right to use night requirement ratio as defined in s.
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551 721.05(25) may be suspended, and any subsequent imbalance with
552 respect to the one-to-one use right to use night requirement
553 ratio that results because of the implementation of an emergency
554 rule or regulation is not a violation of this chapter.
555 (m) Notwithstanding s. 721.13(3)(c)2., transfer funds in
556 any deferred maintenance or capital expenditure reserve account
557 to any operating account without the consent of a majority of
558 the purchasers of the timeshare plan.
559 (n) Take any other actions as reasonably necessary to
560 protect the health, safety, and welfare of the owners and the
561 owners' family members, tenants, guests, agents, invitees,
562 exchangers, and other occupants or the timeshare property.
563 (2) The special powers authorized under subsection (1) may
564 be exercised before, during, or after the actual or anticipated
565 emergency but are limited to the time and scope reasonably
566 necessary to:
567 (a) Protect the health, safety, and welfare of the owners
568 and the owners' family members, tenants, guests, agents,
569 invitees, exchangers, and other occupants.
570 (b) Protect the timeshare property.
571 (c) Mitigate or avoid harm, injury, or damage to persons
572 or property.
573 (d) Take emergency actions or make emergency repairs.
574 Section 8. Paragraph (l) of subsection (4) and paragraph
575 (l) of subsection (7) of section 721.55, Florida Statutes, are
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576 amended to read:
577 721.55 Multisite timeshare plan public offering
578 statement.—Each filed public offering statement for a multisite
579 timeshare plan shall contain the information required by this
580 section and shall comply with the provisions of s. 721.07,
581 except as otherwise provided therein. The division is authorized
582 to provide by rule the method by which a developer must provide
583 such information to the division. Each multisite timeshare plan
584 filed public offering statement shall contain the following
585 information and disclosures:
586 (4) A text, which shall include, where applicable, the
587 information and disclosures set forth in paragraphs (a) -(l).
588 (l) A description of each component site, which
589 description may be disclosed in a written, graphic, tabular, or
590 other form approved by the division or provided to the purchaser
591 electronically, including, but not limited to, through a website
592 or other Internet-based access. The description of each
593 component site must shall include all of the following
594 information:
595 1. The name and address of each component site.
596 2. The number of accommodations, timeshare interests, and
597 timeshare periods, expressed in periods of 7-day use
598 availability, committed to the multisite timeshare plan and
599 available for use by purchasers.
600 3. Each type of accommodation in terms of the number of
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601 bedrooms, bathrooms, sleeping capacity, and whether or not the
602 accommodation contains a full kitchen. As used in For purposes
603 of this subparagraph description, the term "full kitchen" means
604 a full kitchen shall mean a kitchen with at least having a
605 minimum of a dishwasher, range, sink, oven, and refrigerator.
606 4. A description of facilities available for use by the
607 purchaser at each component site, including the following:
608 a. The intended use of the facility, if not apparent from
609 the description.
610 b. Any user fees associated with a purchaser's use of the
611 facility.
612 5. A cross-reference to the location in the public
613 offering statement of the description of any priority
614 reservation features which may affect a purchaser's ability to
615 obtain a reservation in the component site.
616 (7) The following documents shall be included as exhibits
617 to the filed public offering statement, if applicable:
618 (l)1. If the multisite timeshare plan contains any
619 component sites located in the this state, the information
620 required by s. 721.07(5) pertaining to each such component site ,
621 unless exempt under pursuant to s. 721.03.
622 2. If the purchaser will receive an interest in a specific
623 multisite timeshare plan component site located outside of the
624 this state but which is offered in the this state, the
625 information required by s. 721.07(5) pertaining to that
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626 component site., provided, However, for purposes of this
627 paragraph, that the provisions of s. 721.07(5)(t) shall only
628 requires require disclosure of information related to the
629 estimated budget for the timeshare plan and purchaser's expenses
630 as required by the jurisdiction in which the component site is
631 located.
632
633 A developer is not required to file a separate public offering
634 statement for any component site located within or outside the
635 state in order to include the component site in the multisite
636 timeshare plan.
637 Section 9. Paragraph (c) of subsection (2) of section
638 721.551, Florida Statutes, is amended to read:
639 721.551 Delivery of multisite timeshare plan purchaser
640 public offering statement.—
641 (2) The developer shall furnish each purchaser with the
642 following:
643 (c) If the purchaser will receive an interest in a
644 specific multisite timeshare plan component site located in the
645 this state, the developer must shall also furnish the purchaser
646 with the information required to be delivered under s.
647 721.07(6)(c)1. and 2. pursuant to s. 721.07(6)(a) and (b) for
648 that component site.
649 Section 10. Subsection (11) of section 721.82, Florida
650 Statutes, is amended to read:
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651 721.82 Definitions.—As used in this part, the term:
652 (11) "Permitted delivery service" means delivery to an e-
653 mail address, if provided by the obligor, with evidence that the
654 lienholder received the e-mail. Permitted delivery service is
655 only authorized for obligors who reside outside the United
656 States any nationally recognized common carrier delivery
657 service, international airmail service that allows for return
658 receipt service, or a service recognized by an international
659 jurisdiction as the equivalent of certified, registered mail for
660 that jurisdiction.
661 Section 11. Paragraph (a) of subsection (3), paragraphs
662 (a) and (b) of subsection (5), paragraph (b) of sub section (6),
663 paragraph (f) of subsection (7), and paragraph (b) of subsection
664 (14) of section 721.855, Florida Statutes, are amended to read:
665 721.855 Procedure for the trustee foreclosure of
666 assessment liens.—The provisions of this section establish a
667 trustee foreclosure procedure for assessment liens.
668 (3) OBLIGOR'S RIGHTS.—
669 (a) The obligor may object to the lienholder's use of the
670 trustee foreclosure procedure for a specific default within 30
671 days after receipt of the notice required under subsection (5)
672 any time before the sale of the timeshare interest under
673 subsection (7) by delivering a written objection to the trustee
674 using the objection form provided for in subsection (5). If the
675 trustee receives the written objection from the obligor, the
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676 trustee may not proceed with the trustee foreclosure procedure
677 as to the default specified in the notice of default and intent
678 to foreclose under subsection (5), and the lienholder may
679 proceed thereafter only with a judicial foreclosure action as to
680 that specified default.
681 (5) NOTICE OF DEFAULT AND INTENT TO FORECLOSE.—
682 (a) In any foreclosure proceeding under this section, the
683 trustee is required to notify the obligor of the proceeding by
684 sending the obligor a written notice of default and intent to
685 foreclose to the notice address of the obligor by certified
686 mail, registered mail, or permitted delivery service, return
687 receipt requested, and by first-class mail, postage prepaid, as
688 follows:
689 1. The notice of default and intent to foreclose must
690 shall identify the obligor, the notice address of the obligor,
691 the legal description of the timeshare interest, the nature of
692 the default, the amounts secured by the lien, and a per diem
693 amount to account for further accrual of the amounts secured by
694 the lien and must shall state the method by which the obligor
695 may cure the default, including the period of time after the
696 date of the notice of default and intent to foreclose within
697 which the obligor may cure the default.
698 2. The notice of default and intent to foreclose must
699 shall include an objection form with which the obligor can
700 object to the use of the trustee foreclosure procedure by
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701 signing and returning the objection form to the trustee. The
702 objection form must shall identify the obligor, the notice
703 address of the obligor, the timeshare interest, and the return
704 address of the trustee and must shall state: "The undersigned
705 obligor exercises the obligor's right to object to the use of
706 the trustee foreclosure procedure contained in section 721.855,
707 Florida Statutes."
708 3. The notice of default and intent to foreclose must
709 shall also contain a statement in substantially the following
710 form:
711 If you fail to cure the default as set forth in this notice or
712 take other appropriate action with regard to this foreclosur e
713 matter, you risk losing ownership of your timeshare interest
714 through the trustee foreclosure procedure established in section
715 721.855, Florida Statutes. You may choose to sign and send to
716 the trustee, within 30 days after receipt of this notice, the
717 enclosed objection form, exercising your right to object to the
718 use of the trustee foreclosure procedure. Upon the trustee's
719 receipt of your signed objection form, the foreclosure of the
720 lien with respect to the default specified in this notice is
721 shall be subject to the judicial foreclosure procedure only. You
722 have the right to cure your default in the manner set forth in
723 this notice at any time before the trustee's sale of your
724 timeshare interest. If you do not object to the use of the
725 trustee foreclosure procedure, you will not be subject to a
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726 deficiency judgment even if the proceeds from the sale of your
727 timeshare interest are insufficient to offset the amounts
728 secured by the lien.
729 4. The trustee must shall also mail a copy of the notice
730 of default and intent to foreclose, without the objection form,
731 to the notice address of any junior interestholder by certified
732 mail, registered mail, or permitted delivery service, return
733 receipt requested, and by first-class mail, postage prepaid.
734 5. Notice under this paragraph is considered perfected
735 upon the trustee receiving the return receipt bearing the
736 signature of the obligor or junior interestholder, as
737 applicable, within 30 calendar days after the trustee sent the
738 notice under this paragraph. Notice under this paragraph is not
739 perfected if:
740 a. The notice is returned as undeliverable within 30
741 calendar days after the trustee sent the notice;
742 b. The trustee cannot, in good faith, ascertain that the
743 obligor or junior interestholder, as applicable, is the person
744 who signed the receipt because all or a portion of the obligor's
745 or junior interestholder's name is not on the signed receipt or
746 because the trustee cannot otherwise determine that the obligor
747 or junior interestholder signed the receipt; or
748 b.c. The receipt from the obligor or junior
749 interestholder, as applicable, is returned or refused within 30
750 calendar days after the trustee sent the notice.
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751 (b) If the notice required by paragraph (a) is returned as
752 undeliverable within 30 calendar days after the trustee sent the
753 notice, the trustee must shall perform a diligent search and
754 inquiry to obtain a different address for the obligor or junior
755 interestholder. For purposes of this paragraph, any address
756 known and used by the lienholder for sending regular mailings or
757 other communications from the lienholder to the obligor or
758 junior interestholder, as applicable, must shall be included
759 with other addresses produced from the diligent search and
760 inquiry, if any.
761 1. If the trustee's diligent search and inquiry produces
762 an address different from the notice address, the trustee must
763 shall mail a copy of the notice by certified mail, registered
764 mail, or permitted delivery service, return receipt requested,
765 and by first-class mail, postage prepaid, to the new address.
766 Notice under this subparagraph is considered perfected upon the
767 trustee receiving the return receipt bearing the signature of
768 the obligor or junior interestholder, as applicable, within 30
769 calendar days after the trustee sent the notice under this
770 subparagraph. Notice under this subparagraph is not perfected if
771 the receipt from the obligor or junior interestholder, as
772 applicable, is refused or, returned, or the trustee cannot, in
773 good faith, ascertain that the obligor or junior interestholder,
774 as applicable, is the person who signed the receipt because all
775 or a portion of the obligor's or junior interestholder's name is
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776 not on the signed receipt or because the trustee cannot
777 otherwise determine that the obligor or junior interestholde r
778 signed the receipt. If the trustee does not perfect notice under
779 this subparagraph, the trustee must shall perfect service in the
780 manner set forth in paragraph (c).
781 2. If the trustee's diligent search and inquiry does not
782 locate a different address for the obligor or junior
783 interestholder, as applicable, the trustee may perfect notice
784 against that person under paragraph (c).
785 (6) NOTICE OF SALE.—
786 (b) The trustee must shall send a copy of the notice of
787 sale within 3 business days after the date it is submitted for
788 recording, by first-class mail or permitted delivery service, if
789 applicable, and first-class mail, postage prepaid, to the notice
790 addresses of the obligor and any junior interestholder.
791 (7) MANNER OF SALE.—
792 (f) On the date of the sale and upon receipt of the cash
793 or certified funds due from the highest bidder, the trustee
794 shall issue to the highest bidder a certificate of sale stating
795 that a foreclosure conforming to the requirements of this
796 section has occurred, including the time, location, and date of
797 the sale;, that the timeshare interest was sold;, the amounts
798 secured by the lien;, and the amount of the highest bid. A copy
799 of the certificate of sale must shall be mailed by certified
800 mail or, registered mail, or permitted delivery service, return
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801 receipt requested, or by permitted delivery service, if
802 applicable, and first-class mail, postage prepaid, to all
803 persons entitled to receive a notice of sale under subsection
804 (6).
805 (14) ACTIONS FOR FAILURE TO FOLLOW THE TRUSTEE FORECLOSURE
806 PROCEDURE.—
807 (b) Any trustee who intentionally violates the provisions
808 of this section concerning the trustee foreclosure procedure
809 commits a felony of the third degree, punishable as provided in
810 s. 775.082, s. 775.083, or s. 775.084. A trustee who incorrectly
811 ascertains that the obligor signed the return receipt as
812 required in subsection (5) does not violate this section if the
813 trustee made a good faith effort to properly ascertain that the
814 obligor signed the return receipt in accordance with subsection
815 (5).
816 Section 12. Paragraph (a) of subsection (3), paragraphs
817 (a) and (b) of subsection (5), paragraph (b) of subsection (6),
818 paragraph (f) of subsection (7), and paragraph (b) of subsection
819 (13) of section 721.856, Florida Statutes, are amended to read:
820 721.856 Procedure for the trustee foreclosure of mortgage
821 liens.—The provisions of this section establish a trustee
822 foreclosure procedure for mortgage liens.
823 (3) OBLIGOR'S RIGHTS.—
824 (a) The obligor may object to the lienholder's use of the
825 trustee foreclosure procedure for a specific default within 30
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826 days after receipt of the notice required under subsection (5)
827 any time before the sale of the timeshare interest under
828 subsection (7) by delivering a written objection to the trustee
829 using the objection form provided for in subsection (5). If the
830 trustee receives the written objection from the obligor, the
831 trustee may not proceed with the trustee foreclosure procedure
832 as to the default specified in the notice of default and intent
833 to foreclose under subsection (5), and the lienholder may
834 proceed thereafter only with a judicial foreclosure action as to
835 that specified default.
836 (5) NOTICE OF DEFAULT AND INTENT TO FORECLOSE.—
837 (a) In any foreclosure proceeding under this section, the
838 trustee is required to notify the obligor of the proceeding by
839 sending the obligor a written notice of default and intent to
840 foreclose to the notice address of the obligor by certified
841 mail, registered mail, or permitted delivery service, return
842 receipt requested, and by first-class mail, postage prepaid, as
843 follows:
844 1. The notice of default and intent to foreclose must
845 shall identify the obligor, the notice address of the obligor,
846 the legal description of the timeshare interest, the nature of
847 the default, the amounts secured by the lien, and a per diem
848 amount to account for further accrual of the amounts secured by
849 the lien and must shall state the method by which the obligor
850 may cure the default, including the period of time after the
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851 date of the notice of default and intent to foreclose within
852 which the obligor may cure the default.
853 2. The notice of default and intent to foreclose must
854 shall include an objection form with which the obligor can
855 object to the use of the trustee foreclosure procedure by
856 signing and returning the objection form to the trustee. The
857 objection form must shall identify the obligor, the notice
858 address of the obligor, the timeshare interest, and the return
859 address of the trustee and must shall state: "The undersigned
860 obligor exercises the obligor's right to object to the use of
861 the trustee foreclosure procedure contained in section 721.856,
862 Florida Statutes."
863 3. The notice of default and intent to foreclose must
864 shall also contain a statement in substantially the following
865 form:
866 If you fail to cure the default as set forth in this notice or
867 take other appropriate action with regard to this foreclosure
868 matter, you risk losing ownership of your timeshare interest
869 through the trustee foreclosure procedure established in section
870 721.856, Florida Statutes. You may choose to sign and send to
871 the trustee, within 30 days after receipt of this notice, the
872 enclosed objection form, exercising your right to object to the
873 use of the trustee foreclosure procedure. Upon the trustee's
874 receipt of your signed objection form, the foreclosure of the
875 lien with respect to the default specified in this notice is
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876 shall be subject to the judicial foreclosure procedure only. You
877 have the right to cure your default in the manner set forth in
878 this notice at any time before the trustee's sale of your
879 timeshare interest. If you do not object to the use of the
880 trustee foreclosure procedure, you will not be subject to a
881 deficiency judgment even if the proceeds from the sale of your
882 timeshare interest are insufficient to offset the amounts
883 secured by the lien.
884 4. The trustee must shall also mail a copy of the notice
885 of default and intent to foreclose, without the objection form,
886 to the notice address of any junior interestholder by certified
887 mail, registered mail, or permitted delivery service, return
888 receipt requested, and by first-class mail, postage prepaid.
889 5. Notice under this paragraph is considered perfected
890 upon the trustee receiving the return receipt bearing the
891 signature of the obligor or junior interestholder, as
892 applicable, within 30 calendar days after the trustee sent the
893 notice under this paragraph. Notice under this paragraph is not
894 perfected if:
895 a. The notice is returned as undeliverable within 30
896 calendar days after the trustee sent the notice;
897 b. The trustee cannot, in good faith, ascertain from the
898 receipt that the obligor or junior interestholder, as
899 applicable, is the person who signed the receipt because all or
900 a portion of the obligor's or junior interestholder's name is
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901 not on the signed receipt or the trustee cannot otherwise
902 determine that the obligor or junior interestholder signed the
903 receipt; or
904 b.c. The receipt from the obligor or junior
905 interestholder, as applicable, is returned or refused within 30
906 calendar days after the trustee sent the notice.
907 (b) If the notice required by paragraph (a) is returned as
908 undeliverable within 30 calendar days after the trustee sent the
909 notice, the trustee must shall perform a diligent search and
910 inquiry to obtain a different address for the obligor or junior
911 interestholder. For purposes of this paragraph, any address
912 known and used by the lienholder for sending regular mailings or
913 other communications from the lienholder to the obligor or
914 junior interestholder, as applicable, must shall be included
915 with other addresses produced from the diligent search and
916 inquiry, if any.
917 1. If the trustee's diligent search and inquiry produces
918 an address different from the notice address, the trustee must
919 shall mail a copy of the notice by certified mail, registered
920 mail, or permitted delivery service, return receipt requested,
921 and by first-class mail, postage prepaid, to the new address.
922 Notice under this subparagraph is considered perfected upon the
923 trustee receiving the return receipt bearing the signature of
924 the obligor or junior interestholder, as applicable, within 30
925 calendar days after the trustee sent the notice under this
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926 subparagraph. Notice under this subparagraph is not perfected if
927 the receipt from the obligor or junior interestholder is refused
928 or, returned, or the trustee cannot, in good faith, ascertain
929 that the obligor or junior interestholder, as applicable, is the
930 person who signed the receipt because all or a portion of the
931 obligor's or junior interestholder's name is not on the signed
932 receipt or because the trustee cannot otherwise determine that
933 the obligor or junior interestholder signed the receipt . If the
934 trustee does not perfect notice under this subparagraph, the
935 trustee must shall perfect service in the manner set forth in
936 paragraph (c).
937 2. If the trustee's diligent search and inquiry does not
938 locate a different address for the obligor or junior
939 interestholder, as applicable, the trustee may perfect notice
940 against that person under paragraph (c).
941 (6) NOTICE OF SALE.—
942 (b) The trustee must shall send a copy of the notice of
943 sale within 3 business days after the date it is submitted for
944 recording, by first-class mail or permitted delivery service, if
945 applicable, and first-class mail, postage prepaid, to the notice
946 addresses of the obligor and any junior interestholder.
947 (7) MANNER OF SALE.—
948 (f) On the date of the sale and upon receipt of the cash
949 or certified funds due from the highest bidder, the trustee
950 shall issue to the highest bidder a certificate of sale stating
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951 that a foreclosure conforming to the requirements of this
952 section has occurred, including the time, location, and date of
953 the sale;, that the timeshare interest was sold;, the amounts
954 secured by the lien;, and the amount of the highest bid. A copy
955 of the certificate of sale must shall be mailed by certified
956 mail or, registered mail, or permitted delivery service, return
957 receipt requested, or by permitted delivery service, if
958 applicable, and first class mail, postage prepaid, to all
959 persons entitled to receive a notice of sale under subsection
960 (6).
961 (13) ACTIONS FOR FAILURE TO FOLLOW THE TRUSTEE FORECLOSURE
962 PROCEDURE.—
963 (b) Any trustee who intentionally violates the provisions
964 of this section concerning the trustee foreclosure procedure
965 commits a felony of the third degree, punishable as provided in
966 s. 775.082, s. 775.083, or s. 775.084. A trustee who incorrectly
967 ascertains that the obligor signed the return receipt as
968 required in subsection (5) does not violate this section if the
969 trustee made a good faith effort to properly ascertain that it
970 is the obligor who signed the return receipt in accordance with
971 subsection (5).
972 Section 13. Subsection (5) is added to section 721.86,
973 Florida Statutes, to read:
974 721.86 Miscellaneous provisions.—
975 (5) Mediation, a settlement conference, or any other
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976 effort to resolve a foreclosure is not required once a default
977 in a judicial foreclosure of an assessment lien or mortgage lien
978 has been issued.
979 Section 14. For the purpose of incorporating the amendment
980 made by this act to section 721.11, Florida Statutes, in a
981 reference thereto, paragraph (d) of subsection (1) of section
982 721.09, Florida Statutes, is reenacted to read:
983 721.09 Reservation agreements; escrows.—
984 (1)
985 (d) A seller who has filed a reservation agreement and an
986 escrow agreement under this section may advertise the
987 reservation agreement program if the advertising material meets
988 the following requirements:
989 1. The seller complies with the provisions of s. 721.11
990 with respect to such advertising material.
991 2. The advertising material is limited to a general
992 description of the proposed timeshare plan, including, but not
993 limited to, a general description of the type, number, and size
994 of accommodations and facilities and the name of the proposed
995 timeshare plan.
996 3. The advertising material contains a statement that the
997 advertising material is being distributed in connection with an
998 approved reservation agreement filing only and that the seller
999 cannot offer an interest in the timeshare plan for sale until a
1000 filed public offering statement has been filed with the division
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1001 under this chapter.
1002 Section 15. For the purpose of incorporating the amendment
1003 made by this act to section 721.11, Florida Statutes, in a
1004 reference thereto, subsection (6) of section 721.111, Florida
1005 Statutes, is reenacted to read:
1006 721.111 Prize and gift promotional offers.—
1007 (6) All advertising material to be distributed in
1008 connection with a prize and gift promotional offer shall
1009 contain, in addition to the information required pursuant to the
1010 provisions of s. 721.11, the following disclosures:
1011 (a) A description of the prize, gift, or other item that
1012 the prospective purchaser will actually receive, including, if
1013 the price is in excess of $50, the manufacturer's suggested
1014 retail price or, if none is available, the verifiable retail
1015 value. If the value is $50 or less, the description shall
1016 contain a statement of such.
1017 (b) All rules, terms, requirements, and preconditions
1018 which must be fulfilled or met before a prospective purchaser
1019 may claim any prize, gift, or other item involved in the prize
1020 and gift promotional plan, including whether the prospective
1021 purchaser is required to attend a sales presentation in order to
1022 receive the prize, gift, or other item.
1023 (c) The date upon which the offer expires.
1024 (d) If the number of prizes, gifts, or other items to be
1025 awarded is limited, a statement of the number of items that will
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1026 be awarded.
1027 (e) The method by which prizes, gifts, or other item s are
1028 to be awarded.
1029 Section 16. This act shall take effect upon becoming a
1030 law.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 707 Home Kitchen Operations
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Regulatory Reform Subcommittee Thompson Anstead
SUMMARY ANALYSIS
Currently, Florida does not allow people to sell home cooked meals, similar to meals served in a restaurant,
from their private residence to the public. Florida only allows people to sell certain cottage foods prepared at a
private residence to the public if ingredients are used that are not perishable. Home kitchen operations, where
a person prepares, serves and sells meals made in their residence to the public, have historically been
prohibited because such food or meals are considered “Potentially Hazardous Food/Time/Temperature Control
for Safety” (PHF/TCS) foods, that require time/temperature control to limit pathogenic microorganism growth or
toxin formation. A few states have enacted home kitchen operation laws that allow home cooked meals to be
sold to the public, but that limit the number of meals that can be served, the types of ingredients allowed to be
used, the amount of revenue that can be earned, and how certain foods can be prepared.
The bill:
Allows “home kitchen operations” in a private residence under certain conditions.
Provides an exception for “home kitchen operations” from food permitting requirements.
Allows home kitchen operators to store, handle, prepare, and package food that does not include raw
milk, raw milk products, raw oysters, or raw shellfish.
Limits home kitchen operations annual gross sales to $250,000.
Limits food preparation and service to 10 individual meals per day.
Requires food to be prepared, cooked, and served on the same calendar day.
Authorizes sales via the Internet or in person, and delivery in person directly to the consumer, to a
specific event venue, or to the consumer by the home kitchen operation or a third party delivery service.
Prohibits sales and deliveries of home kitchen products at wholesale or retail.
Specifies labeling requirements.
Preempts the regulation of home kitchen operations to the State.
Requires DACS to investigate complaints and makes refusal to permit entry and inspection grounds for
disciplinary action.
Authorizes immediate closures by DACS if it determines that the continued operation of a food
establishment presents an immediate danger to the public health, safety, and welfare.
Authorizes DACS to impose a Class II administrative fine not to exceed $5,000.
The bill may have in indeterminate fiscal impact on state and local government and positive fiscal impact on
the private sector.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0707.RRS
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Food Safety Regulation
In Florida, three agencies share responsibilities for ensuring that safe, and wholesome food is provided
to the public. Those agencies include the Department of Agriculture and Consumer Services (DACS),
the Department of Business and Professional Regulations (DBPR) and the Department of Health
(DOH):1
DACS permits and inspects grocery stores, food processing plants, food storage, and
distribution points.
DBPR licenses and inspects restaurants, mobile food vehicles, and caterers.
DOH oversees food service establishments located in institutional settings (such as schools,
assisted living facilities, detention facilities, adult day cares), civic and fraternal organizations,
bars and lounges that don't prepare foods, and theaters that limit their food service to items
customarily served at theaters (such as beverages, pop corn, hot dogs and nachos). 2
DACS
The Division of Food Safety within DACS is responsible for the administration and enforcement of the
Florida Food Safety Act.3 The act is intended to:
Safeguard the public health and promote the public welfare by protecting the consuming public
from injury from intrastate commerce in food.
Provide legislation conforming with the Federal Food, Drug, and Cosmetic Act, the Agriculture
Marketing Act of 1946, and Federal Trade Commission Act, to the extent that it expressly
prohibits the false advertisement of food; and
Promote uniformity of state and federal laws and their administration and enforcement
throughout the United States and in the states.4
To open a food establishment in Florida, an applicant must obtain a food establishment permit from
DACS. DACS issues three different types of food establishment permits, including retail,
wholesale/manufactured, and medical marijuana treatment center edibles.5
DACS regulated establishments include supermarkets and grocery stores, convenience stores,
coffee shops, bakeries, retail meat markets, seafood markets, juice and smoothie bars, bottled water
plants, ice and water vending machines, all food processing plants, food warehouses, food salvage
stores, and certain mobile food units selling only prepackaged foods or non-potentially hazardous food
items.6
Food establishments are inspected and food products are sampled routinely for consumer safety.7
DACS also conducts United States Department of Agriculture (USDA) Country of Origin Labeling
(COOL) audits and Food and Drug Administration (FDA) contract inspections for manufactured food
establishments.
1 Florida Department of Health, Hygiene Codes and Standards, https://www.floridahealth.gov/environmental-health/food-safety-and-
sanitation/food-manager-code-standards.html (last visited Jan. 29, 2022).
2 Id.
3 See ch. 500, F.S.
4 S. 500.02, F.S.
5 Florida Department of Agriculture and Consumer Services, Food Establishments, https://www.fdacs.gov/Business -
Services/Food/Food-Establishments (last visited Jan. 29, 2022).
6 S. 500.03(1)(p)(q)and(r), F.S.
7 S. 500.147, F.S.
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DACS is authorized to impose suspensions and administrative fines against any retail food store, food
establishment, or cottage food operation that that are in violation of the act.8
DACS is required to post a prominent closed-for-operation sign on any food establishment that has had
its permit suspended or revoked, and a sign on any establishment judicially or administratively
determined to be operating without a permit.
DACS is authorized to determine that a food establishment regulated under the Food Safety Act
requires immediate closure when the food establishment fails to comply with the Food Safety Act and
presents an imminent threat to the public health, safety, and welfare. Upon such a determination,
DACS is authorized to issue an immediate final order to close a food establishment as follows:
The Division director or designee must determine that the continued operation of a food
establishment presents an immediate danger to the public health, safety, and welfare.
Upon such determination, DACS must issue an immediate final order directing the owner or
operator of the food establishment to cease operation and close the food establishment.
o DACS is required to serve the order upon the owner, operator, or agent thereof of the
food establishment.
o DACS is authorized to attach a closed-for-operation sign to the food establishment while
the order remains in place.
DACS is required to inspect the food establishment within 24 hours after the issuance of the
order. Upon a determination that the food establishment has met the applicable requirements to
resume operations, DACS must serve a release upon the owner, operator, or agent thereof of
the food establishment.
A food establishment ordered by DACS to cease operation and close must remain closed until
released by DACS or by a judicial order to reopen.
It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083,
F.S., for a person to deface or remove a closed-for-operation sign placed on a food
establishment by DACS or for the owner or operator of a food establishment to resist closure of
the establishment by DACS, and DACS may impose administrative sanctions for violations of
this provision.
Cottage Food Products
DACS regulates cottage food operators who are allowed to prepare and sell certain foods at home.
This authority is limited to foods that do not easily spoil or are considered shelf-stable foods.
These foods do not require time and temperature controls. “Cottage food products” are defined as food
that is not potentially hazardous and which are sold in accordance with cottage food operating
requirements.9 Like many other states, DACS adopts the U.S. Food & Drug Administration (FDA) food
code.10 The food code/DACS rule defines “Potentially Hazardous Food/Time/Temperature Control for
Safety Food” (PHF/TCS) as food that requires time/temperature control for safety (TCS) to limit
pathogenic microorganism growth or toxin formation.11
DACS has published guidance defining foods that are, and those that are not, considered cottage food
products. These examples include the following:12
Permitted Cottage Foods:
Loaf breads, rolls, and biscuits;
Cakes, pastries, and cookies;
8 S. 500.121, F.S.
9 S. 500.03(1)(k), F.S.
10 U.S. Food & Drug Administration, 2017 Food Code, https://www.fda.gov/media/110822/download (last visited Feb. 21, 2021).
11 R. 5K-4.0010(9), F.A.C.
12 DACS Division of Food Safety, Cottage Food Operations, https://www.fdacs.gov/Business -Services/Food/Food-
Establishments/Cottage-Foods (last visited Feb. 19, 2021). The United States Food and Drug Administration (FDA) model food code
includes a definition for such foods; DACS formed a definition that is similar. FDA Food Code §1-201.10 (2017).
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Candies and confections;
Honey;
Jams, jellies, and preserves;
Fruit pies and dried fruits;
Dry herbs, seasonings, and mixtures;
Homemade pasta;
Cereals, trail mixes, and granola;
Coated or uncoated nuts;
Vinegar and flavored vinegars; and
Popcorn and popcorn balls.
Prohibited Cottage Foods:
Fresh or dried meat or meat products including jerky;
Canned fruits and vegetables, chutneys, vegetable butters and jellies, flavored oils, hummus,
garlic dip, salsas, etc.;
Fish or shellfish products;
Canned pickled products such as corn relish, pickles, and sauerkraut;
Raw seed sprouts;
Bakery goods which require any type of refrigeration, such as cream, custard, or meringue pies
and cakes or pastries with cream cheese icings or fillings;
Milk and dairy products including hard, soft, and cottage cheeses and yogurt;
Cut fresh fruits and/or vegetables;
Juices made from fresh fruits or vegetables;
Ice and/or ice products;
Barbeque sauces, ketchups, and/or mustards; and
Focaccia-style breads with vegetables and/or cheeses.
Cottage Food Operating Requirements
In Florida, a “cottage food operation” is defined as a natural person or an entity that produces or
packages cottage food products at the residence of the natural person or at the residence of a natural
person who has an ownership interest in the entity and sells such products in accordance with the
cottage food operating requirements.13
Cottage food operators are exempt from food and building permitting requirements. 14
A cottage food operation must comply with the following requirements in order to operate: 15
• Sales Limit: Annual gross sales of cottage foods may not exceed $250,000; 16
• Internet Sales: A cottage food operation may sell, offer for sale, and accept payment for cottage
food products over the Internet or by mail order.
• Delivery: Such products may be delivered in person directly to the consumer, to a specific event
venue, or by United States Postal Service or commercial mail delivery service.
• Wholesale Sales: A cottage food operation may not sell, offer for sale, or deliver cottage food
products at wholesale..
• Labeling: Cottage foods must be sold prepackaged with a label affixed containing the following
information:
o Name and address of the cottage food operation;
o Name of the cottage food;
o Ingredients of the cottage food, in descending order of predominance by weight;
o Net weight or net volume of the cottage food;
13 S. 500.03(1)(j), F.S.
14 See s. 500.12, F.S.
15 S. 500.80(1)-(6), F.S.
16 S. 500.80(1)(b), F.S. This includes all sales of products from any location, regardless of the types of products sold or numb er of
persons involved in any operation. Documentation of sales must be available to DACS for verifica tion.
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o Allergen information as specified by federal labeling requirements;
o If any nutritional claim is made, appropriate nutritional information as specified by federal
labeling requirements; and
o A statement printed in at least 10-point font and in a color that provides clear contrast to
the background of the label which reads “Made in a cottage food operation that is not
subject to Florida’s food safety regulations;” 17
• Storage: Only cottage foods that are stored on the premises of the cottage food operation may
be sold;
• State and Federal: A cottage food operation must comply with applicable state or federal tax
laws, rules, regulations, or certificates;
• Local Government: The regulation of cottage food operations is preempted to the state. A local
law, ordinance, or regulation may not prohibit a cottage food operation or regulate the
preparation, processing, storage, or sale of cottage food products by a cottage food operation;
however, a cottage food operation must comply with the conditions for the operation of a home-
based business.
DACS may enter and inspect the premises of a cottage food operation to determine compliance with
the cottage food operations requirements only upon receipt of a complaint, which alleges that a cottage
food operation has violated any of the cottage food operating requirements. If a cottage food operation
refuses to permit DACS to enter the premises or to conduct the inspection, he or she is subject to
disciplinary action.18
DBPR
The Division of Hotels and Restaurants within DBPR is the state agency charged with enforcing the
provisions of part I of ch. 509, F.S., and all other applicable laws relating to the inspection and
regulation of public food service establishments for the purpose of protecting the public health, safety,
and welfare of Florida citizens.19
The Division licenses and inspects public food service establishments defined to mean any
building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or
structure where food is prepared, served, or sold for immediate consumption on or in the
vicinity of the premises, called for or taken out by customers, or prepared prior to being
delivered to another location for consumption.20
Each person who plans to open a public food service establishment is required to apply for and receive
a license from the Division prior to the commencement of operation. Applicants are required to
complete the following:21
Food service plan review. This requirement is applicable to new restaurants, remodeled
restaurants, re-opened restaurants that have been closed for at least one year and restaurants
that have been converted from another use. The plan must be submitted to the Division for
approval.
Application forms. Applicants must complete the appropriate application forms. If the
restaurant will be serving alcohol, applicants will need to apply for a liquor license.
License fees. Applicants must pay a license fee based on the type of food service operation
and the number of seats.
The Division has the right of entry and access to public food service establishments at any
reasonable time.22
17 Cottage food products must be labeled in accordance with the requirements as outlined in s. 500.80(3), F.S., and U.S. Code of
Federal Regulations Title 21, Part 101.
18 S. 500.08(7)(a)-(b), F.S.
19 Ch. 509, F.S.
20 S. 509.013(5)(a), F.S.; The term also includes a culinary education program, as defined in s. 381.0072(2), F.S., which offers,
prepares, serves, or sells food to the general public, regardless of whether it is inspected by another state agency for comp liance with
sanitation standards.
21 See ch. 509, F.S.
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The Division is required to adopt and enforce sanitation rules to ensure the protection of the public
from food-borne illness in those establishments it licenses. These rules must provide the standards and
requirements for obtaining, storing, preparing, processing, serving, or displaying food in public food
service establishments, approving public food service establishment facility plans, conducting
necessary public food service establishment inspections for compliance with sanitation regulations,
cooperating and coordinating with DOH in epidemiological investigations, and initiating enforcement
actions, and for other such responsibilities deemed necessary by the Division.23
The Division must report annually to the Governor and Legislature the total number of active public
lodging and public food service licenses in the state, the total number of inspections conducted by the
Division, the number of violations of each sanitary standard, and any recommendations for improved
inspection procedures. The Division must also keep an accurate account of all expenses arising out of
the performance of its duties and all fees collected. 24
The regulation of 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. This does not preempt
the authority of a local government or local enforcement district to conduct inspections for compliance
with the Florida Building Code and the Florida Fire Prevention Code.25
According to DBPR, employee health is one of the most important measures for the prevention of
foodborne illness. People who work in food service establishments are required to report certain
foodborne illnesses, symptoms of foodborne illness, and exposure to foodborne illness to their
employer. Depending upon the illness and/or symptom, the manager may be required to exclude (not
allow to work in the food establishment in any capacity) or restrict (limit duties) the employee. In
addition, the manager may be required to notify the Department of Health.26
The “Big 5” foodborne illnesses identified by DBPR that food service employees and managers
should be aware of are Salmonella Typhi, Shigella, Shiga-toxin producing E. coli, Hepatitis A, and
Norovirus. Food service workers who experience vomiting or diarrhea caused by an infectious condition
cannot work while they are ill and may not return to work until they have not had any symptoms for at
least 24 hours.27
The Division is required, upon proper finding, to immediately issue an order to close a licensed public
food service establishments in the instance of a severe and immediate public health or safety or
welfare threat.28
At least one certified manager is required for every public food service establishment. A certified food
manager must be present when four or more people are engaged in food activities (storing, handling,
preparing or serving food). Each manager has 30 days from date of hire to become properly certified
and must recertify every three years.29
The law requires training on foodborne disease prevention and professional hygienic practices for all
food service employees who are responsible for the storage, preparation, display or service of food.
The training must include personal cleanliness (e.g., handwashing), types and causes of foodborne
illness, identification of time/temperature control for safety foods, techniques to prevent cross
22 S. 509.032(2)(b), F.S.
23 S. 509.032(2)(d), F.S.
24 S. 509.032(5), F.S.
25 S. 509.032(7), F.S.
26 Division of Hotels and Restaurants, Safe Restaurant Operations,
http://www.myfloridalicense.com/dbpr/HR/ forms/documents/SafeRestaurantOperations.pdf (last visited Ja. 29, 2022).
27 Id.
28 S. 509.035, F.S.
29 S. 509.039, F.S.
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contamination, and how to control or eliminate harmful bacteria. Employees must receive training within
60 days of hire and be retrained every three years.30
Any establishment that offers raw or undercooked animal foods must provide a consumer advisory.
The advisory may be in the form of brochures, menu advisories, table tents, placards or other effective
written means. Common foods offered raw or undercooked which require a consumer advisory include
hamburgers, steak, sashimi and eggs. Typical advisory language is a statement such as “Consuming
raw or undercooked meats, poultry, seafood or eggs may increase your risk of foodborne illness,
especially if you have certain medical conditions.” 31 When raw or undercooked animal foods are used
as ingredients in other foods (e.g., sushi, raw eggs in Caesar salad or homemade meringue) it must
also be made clear to the consumer that the menu items contain raw or undercooked animal foods.32
Any establishment that offers raw or undercooked oysters must provide a consumer advisory. This
advisory may also be in the form of brochures, menu advisories, table tents, placards or other effective
written means.33
DOH
DOH is responsible for licensure and regulation of food service establishments that include institutions,
schools, civic or fraternal organizations, bars and lounges, and theaters that serve traditional theater
foods (such as soft drinks, popcorn, hot dogs, etc.), and locations that participate in the USDA
Afterschool Meal Program. The Department of Health also addresses temporary food events, mobile
food units, and vending machines that operate at or through any of these facilities. County Health
Departments inspect and issue food certificates to these facilities. Unless exempted, these food
operations need to comply with food manager certification requirements. 34
DOH is authorized to advise and consult with the Agency for Health Care Administration (AHCA),
DBPR, DACS, and the Department of Children and Families (DCF) concerning procedures related to
the storage, preparation, serving, or display of food at any building, structure, or facility not expressly
included in this section that is inspected, licensed, or regulated by those agencies. 35
DOH is required to inspect and regulate food service establishments as under its jurisdiction, for the
purpose of safeguarding the public’s health, safety, and welfare. The department is required to inspect
each food service establishment as often as necessary to ensure compliance with applicable laws and
rules and has the right of entry and access to these food service establishments at any reasonable
time.36
DOH is authorized to investigate complaints and reports involving health care practitioners regulated by
DOH. Enforcement actions which may be taken against health care practitioners are administrative in
nature, including, but not limited to reprimands, fines, restrictions of practice, remedial education,
administrative costs, probation, license suspensions or license revocations.37
Recent Trends
Home Kitchen Laws
30 S. 509.049, F.S.
31 Ch. 3-603.11, U.S. Food & Drug Administration, 2017 Food Code.
32 Id.
33 R. 61C-4.010(8), F.A.C.
34 Florida Department of Health, Hygiene Codes and Standards, https://www.floridahealth.gov/environmental-health/food-safety-and-
sanitation/food-manager-code-standards.html (last visited Jan. 29, 2022).
35 S. 381.0072(3)(a), F.S.
36 S. 381.0072(3)(c)and(d), F.S.
37 S. 381.0072(6)and(7), F.S.
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Cottage foods laws have expanded rapidly in the past five years. Since 2015, 25 states and
Washington, D.C. have either created new cottage food programs or significantly expanded their
existing laws.38
Recently, a few states have enacted laws authorizing “microenterprise home kitchen” operations, which
legalize the sale of home cooked meals that contain meat. Although these laws let home chefs sell an
even broader array of dishes than under food freedom laws or cottage food laws, most require
inspections and permits.39
A microenterprise home kitchen operation is a food facility that is operated by a resident from their
private home kitchen. Once permitted, a resident can store, handle, prepare, and serve food to the
public, as allowed by State law, similar to a restaurant. State law does place limits on the number of
meals that can be served, revenue that can be earned, and on how certain foods can be prepared,
among other requirements.40 Approximately six states allow some form of microenterprise home
kitchen operation. These states include California, Montana, Utah, Wyoming, Oklahoma and North
Dakota.
California41 gives a city or county "full discretion" to authorize microenterprise home kitchens in their
jurisdiction. Under the regulations, until a county or a city authorizes these types of operations, a
microenterprise home kitchen will not be able to be issued a health permit to operate. 42 As of
September 2021, permits are available in seven local jurisdictions.43
Utah44 requires a permit and annual inspection from the local health department. Participants must
inform consumers that regulations for home kitchens are different than for commercial restaurants. The
law allows residents to sell home-cooked meals containing meat. Customers may pick up their orders
in person, but they may not consume the food on site. In-person deliveries are also permitted.
Montana allows people to sell almost all kinds of foods and meals, with the exception of certain
meats, directly to consumers.45
Effect of the Bill
The bill allows home kitchen operations in a private residence operated by the resident under certain
conditions, and provides an exception for “home kitchen operations” from food permitting requirements
in ch. 500, F.S., the Florida Food Safety Act.
The bill defines a “home kitchen operation" as a natural person or an entity that stores, handles,
prepares home kitchen products at the residence of the natural person or at the residence of a natural
person who has an ownership interest in the entity and sells such products in accordance with s.
500.82, F.S.
The bill specifies that a home kitchen operation is not:
38 Institute for Justice, Recent State Reforms for Homemade Food Businesses, https://ij.org/legislative-advocacy/state-reforms-for-
cottage-food-and-food-freedom-laws/ (last visited Jan. 29, 2022).
39 Id.
40 San Mateo County Health, MICROENTERPRISE HOME KITCHEN OPERATIONS (MEHKO),
https://www.smchealth.org/node/4020 (last visited Jan. 29, 2022).
41 Cal. Retail Food Code s. 113825 (2019).
42 California Department of Public Health, Food and Drug Branch, Microenterprise Home Kitchen Operations (MEHKO),
https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/M icroenterpriseHo meKitchenOperations.
aspx?TSPD_101_R0=087ed 344cfab 20008aef9ae56ec32a41e3f2177082ed491bab83bb9a4b f591621469e2a3c6764f4e088646e6f61430
00cae5963a2cdac4e8f70bbe66f000b7d 9bc633c74b 7350dedde334b0f787f0a894f2aa8acb6560497b 9ae68db9301e778 (last visited Jan.
29, 2022).
43 Institute for Justice, Recent State Reforms for Homemade Food Businesses, https://ij.org/legislative-advocacy/state-reforms-for-
cottage-food-and-food-freedom-laws/ (last visited Jan. 29, 2022).
44 Utah Code Ann. S. 631-1-226 (2021).
45 The Washington Post, Selling home-cooked food is getting easier, thanks to pandemic-fueled deregulation,
https://www.washingtonpost.com/food/2021/10/13/cottage-food-sales-legal/ (last visited Feb. 1, 2022).
STORAGE NAME: pcs0707.RRS PAGE: 8
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A public food service establishment as defined in s. 509.013, F.S.
A catering operation licensed under ch. 509, F.S.
A cottage food operation, as defined in s. 500.03, F.S.
The bill defines “home kitchen product" as food that is:
Stored, handled, prepared, and packaged by a home kitchen operation.
Not raw milk, raw milk products, raw oysters, or raw shellfish.
The bill requires home kitchen operations to comply with the applicable requirements of the Florida
Food Safety Act; however, the bill provides that home kitchen operations are exempt from the
permitting requirements of s. 500.12, F.S., of the Florida Food Safety Act, if the home kitchen
operation is in compliance with the home kitchen operation requirements, and:
Has annual gross sales of home kitchen products that do not exceed $250,000.
Food preparation and service is limited to no more than 10 individual meals per day, or the
approximate equivalent of meal components when sold separately.
Food is prepared, cooked, and served on the same calendar day.
Processes home kitchen food products in compliance with state and federal regulations and s.
500.80, F.S., relating to cottage food operations.
The bill requires home kitchen annual gross sales to include all sales of home kitchen products at any
location, regardless of the types of products sold or the number of persons involved in the operation. A
home kitchen operation must provide DACS, upon request, with written documentation to verify the
operation's annual gross sales, and DACS is granted access to such records within 24 hours of the
request.
The bill authorizes home kitchen operations to sell, offer for sale, and accept payment for home kitchen
products over the Internet or in person. Such products may be delivered in person directly to the
consumer, to a specific event venue, or to the consumer by the home kitchen operation or a third party
delivery service.
The bill prohibits home kitchen operations from not selling, offering for sale, or delivering home kitchen
products to any wholesaler or retailer.
The bill requires all home kitchen operation owners and employees to successfully complete a food
safety certificate training program that complies with U.S. FDSA Food Safety Modernization Act. The
course, at a minimum, must include information and training on cross-contamination, temperature
control, and personal hygiene.
The bill requires home kitchen operations to:
Take steps to avoid any potential contamination to:
o Food.
o Equipment.
o Utensils.
o Unwrapped single-service and single-use articles.
Prevent an individual from entering the food preparation area while food is being prepared if the
individual is known to be suffering from:
o Symptoms associated with acute gastrointestinal illness; or
o A communicable disease that is transmissible through food.
Ensure a hand washing station supplied with warm water, soap, and disposable hand towels is
conveniently located in food preparation, food dispensing, and warewashing areas.
Ensure that the kitchen sink is fully operational and has hot and cold water and a sanitizing
agent, and that dishes are sanitized between each use.
Ensure that ready-to-eat home kitchen food products are protected from contamination during
storage, preparation, handling, transport, and display.
Ensure that home kitchen food products are maintained at proper holding temperatures.
o Ensure that utensils and equipment used in the home kitchen operation:
STORAGE NAME: pcs0707.RRS PAGE: 9
DATE: 2/1/2022
o Retain their characteristic qualities under normal use conditions.
o Are properly sanitized after each use.
o Are maintained in a sanitary manner between uses.
Ensure that kitchen equipment is cleaned and sanitized between uses.
Ensure that gases, odors, steam, heat, grease, vapors, and smoke are able to escape the
kitchen.
Ensure that temperature measuring devices or holding equipment for the time or temperature
control of food is properly used for hot and cold holding of home kitchen food products during
storage, serving, and cooling.
Ensure that home kitchen food product preparation and service is discontinued if there is a
disruption of potable water service.
The bill specifies that home kitchen operations may only sell home kitchen products which are affixed
with a label that contains the following information:
The name and address of the home kitchen operation.
The name of the home kitchen product.
The ingredients of the home kitchen product, in descending order of predominance by weight.
The net weight or net volume of the home kitchen product.
Allergen information as specified by federal labeling requirements.
If any nutritional claim is made, appropriate nutritional information as specified by federal
labeling requirements.
The following statement printed in at least 10-point type in a color that provides a clear contrast
to the background of the label: "Made in a home kitchen operation that is not subject to
Florida's food safety regulations."
The bill clarifies that it does not:
Exempt a home kitchen operation from any state or federal tax law, rule, regulation, or
certificate that applies to all home kitchen operations.
Prevent DACS or a local health department from enforcing an order to cease and desist
operation of a home kitchen if the department or the local health department has a valid reason
to suspect that the home kitchen operation is the source of an adulterated food or of an
outbreak of illness caused by contaminated food.
Apply to a person operating under a food permit issued pursuant to s. 500.12, F.S.
The bill preempts the regulation of home kitchen operations to the state. A local law, ordinance, or
regulation may not prohibit a home kitchen operation or regulate the preparation, processing, storage,
or sale of home kitchen products by a home kitchen operation; however, a home kitchen operation
must comply with the conditions for the operation of a home-based business under s. 559.955, F.S.
The bill requires DACS to investigate any complaint which alleges that a home kitchen operation has
violated an applicable provision or rule.
The bill provides that upon receipt of a complaint, a DACS authorized officer or employee is required to
enter and inspect the premises of a home kitchen operation to determine compliance with the Florida
Food Safety Act and DACS rules, as applicable. A home kitchen operation's refusal to permit such
entry to the premises or to conduct the inspection is grounds for disciplinary action pursuant to s.
500.121, F.S., under the Florida Food Safety Act.
The bill provides that a home kitchen operation is subject to s. 500.121(7), F.S., which authorizes
immediate closure by DACS if the operation fails to comply with the Florida Food Safety Act and
presents an imminent threat to the public health, safety, and welfare. DACS is:
Authorized to accept inspection results from other state and local building officials and other
regulatory agencies as justification for such action.
Required, upon such a determination, to issue an immediate final order to close a food
establishment as follows:
STORAGE NAME: pcs0707.RRS PAGE: 10
DATE: 2/1/2022
o If the Division director or designee determines that the continued operation of a food
establishment presents an immediate danger to the public health, safety, and welfare.
o Upon such determination, is required to issue an immediate final order directing the owner
or operator of the food establishment to cease operation and close the food establishment.
DACS must serve the order upon the owner, operator, or agent thereof of the food
establishment, and may attach a closed-for-operation sign to the food establishment while
the order remains in place.
o DACS is required to inspect the food establishment within 24 hours after the issuance of the
order. Upon a determination that the food establishment has met the applicable
requirements to resume operations, DASCS is required to serve a release upon the owner,
operator, or agent thereof of the food establishment.
o A food establishment ordered by DACS to cease operation and close must remain closed
until released by DACS or by a judicial order to reopen.
o It is a second degree misdemeanor, punishable as provided in s. 775.082, F.S., or
s. 775.083, F.S., for a person to deface or remove a closed-for-operation sign placed on a
food establishment by DACS or for the owner or operator of a food establishment to resist
closure of the establishment by DACS.
o DACS may impose administrative sanctions for violations.
The bill authorizes DACS to impose a Class II administrative fine pursuant to s. 570.971, F.S., against
a home kitchen operation, that violates the Florida Food Safety Act. For each violation in the Class II
category, a fine not to exceed $5,000 may be imposed.
B. SECTION DIRECTORY:
Section 1: Amends s. 500.03, F.S., relating to definitions.
Section 2: Creates s. 500.82, F.S., relating to home kitchen operations.
Section 3: Amends s. 500.121, F.S., relating to disciplinary procedures.
Section 4: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Indeterminate. Depending on the number of complaints received, DACS could see an increase in
the issuance of fines.
2. Expenditures:
Indeterminate. Depending on the number of complaints received, DACS could have more cases to
investigate.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
STORAGE NAME: pcs0707.RRS PAGE: 11
DATE: 2/1/2022
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will allow for the expansion and growth of small businesses in Florida and will allow more
people to work from home in their chosen profession.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities have to raise
revenue in the aggregate, nor reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: pcs0707.RRS PAGE: 12
DATE: 2/1/2022
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
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1 A bill to be entitled
2 An act relating to home kitchen operations; amending
3 s. 500.03, F.S.; providing definitions; creating s.
4 500.82; exempting home kitchen operations from food
5 permitting requirements; providing requirements for
6 home kitchen operations; providing requirements for
7 the sale of home kitchen products; providing
8 construction and applicability; preempting the
9 regulation of home kitchen operations to the state;
10 authorizing the Department of Agriculture and Consumer
11 Services to investigate complaints, conduct
12 inspections, and impose disciplinary actions;
13 providing that home kitchen operations are suject to
14 certain disciplinary procedures; amending s. 500.121,
15 F.S.; providing disciplinary procedures for home
16 kitchen operations; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraphs (s) through (cc) of subsection (1)
21 of section 500.03, Florida Statutes, are redesignated as
22 paragraphs (u) through (ee), respectively, paragraph (r) of
23 subsection (1) is amended, and new paragraphs (s) and (t) are
24 added to subsection (1) of that section, to read:
25 500.03 Definitions; construction; applicability.—
26 (1) For the purpose of this chapter, the term:
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27 (r) "Food service establishment" means any place where
28 food is prepared and intended for individual portion service,
29 and includes the site at which individual portions are provided.
30 The term includes any such place regardless of whether
31 consumption is on or off the premises and regardless of whether
32 there is a charge for the food. The term includes delicatessens
33 that offer prepared food in individual service portions. The
34 term does not include schools, institutions, fraternal
35 organizations, private homes where food is prepared or served
36 for individual family consumption, retail food stores, the
37 location of food vending machines, cottage food operations, home
38 kitchen operations, and supply vehicles, nor does the term
39 include a research and development test kitchen limited to the
40 use of employees and which is not open to the general public.
41 (s) "Home kitchen operation" means a natural person or an
42 entity that stores, handles, prepares home kitchen products at
43 the residence of the natural person or at the residence of a
44 natural person who has an ownership interest in the entity and
45 sells such products in accordance with s. 500.82. A home kitchen
46 operation is not:
47 1. A public food service establishment as defined in s.
48 509.013.
49 2. A catering operation licensed under ch. 509.
50 3. A cottage food operation, as defined in s. 500.03.
51 (t) "Home kitchen product" means food that is:
52 1. Stored, handled, prepared, and packaged by a home
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53 kitchen operation.
54 2. Not raw milk, raw milk products, raw oysters, or raw
55 shellfish.
56 Section 2. Section 500.82, Florida Statutes, is created to
57 read:
58 500.82 Home kitchen operations.—
59 (1)(a) A home kitchen operation must comply with the
60 applicable requirements of this chapter but is exempt from the
61 permitting requirements of s. 500.12 if the home kitchen
62 operation complies with this section and:
63 1. Has annual gross sales of home kitchen products that do
64 not exceed $250,000.
65 2. Limits preparation and service of home kitchen food
66 products to no more than 10 individual meals per day or the
67 approximate equivalent of meal components when sold separately.
68 3. Prepares, cooks, and serves home kitchen food products
69 on the same calendar day.
70 4. Processes home kitchen food products in compliance with
71 state and federal regulations and s. 500.80.
72 (b) For purposes of this subsection, a home kitchen’s
73 annual gross sales include all sales of home kitchen products at
74 any location, regardless of the types of products sold or the
75 number of persons involved in the operation. A home kitchen
76 operation must provide the department, upon request, with
77 written documentation to verify the operation's annual gross
78 sales, and the department shall be granted access to such
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79 records within 24 hours of the request.
80 (2) A home kitchen operation may sell, offer for sale, and
81 accept payment for home kitchen products over the Internet or in
82 person. Such products may be delivered in person directly to the
83 consumer, to a specific event venue, or to the consumer by the
84 home kitchen operation or a third party delivery service. A home
85 kitchen operation may not sell, offer for sale, or deliver home
86 kitchen products to any wholesaler or retailer.
87 (3) All home kitchen operation owners and employees must
88 successfully complete a food safety certificate training program
89 that complies with the United States Food and Drug
90 Administration's Food Safety Modernization Act. The course, at a
91 minimum, must include information and training on cross -
92 contamination, temperature control, and personal hygiene.
93 (4) A home kitchen operation must:
94 (a) Take steps to avoid any potential contamination to:
95 1. Food.
96 2. Equipment.
97 3. Utensils.
98 4. Unwrapped single-service and single-use articles.
99 (b) Prevent an individual from entering the food
100 preparation area while food is being prepared if the individual
101 is known to be suffering from:
102 1. Symptoms associated with acute gastrointestinal
103 illness; or
104 2. A communicable disease that is transmissible through
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105 food.
106 (c) Ensure a hand washing station supplied with warm
107 water, soap, and disposable hand towels is conveniently located
108 in food preparation, food dispensing, and warewashing areas.
109 (d) Ensure that the kitchen sink is fully operational and
110 has hot and cold water and a sanitizing agent, and that dishes
111 are sanitized between each use.
112 (e) Ensure that ready-to-eat home kitchen food products
113 are protected from contamination during storage, preparation,
114 handling, transport, and display.
115 (f) Ensure that home kitchen food products are maintained
116 at proper holding temperatures.
117 (g) Ensure that utensils and equipment used in the home
118 kitchen operation:
119 1. Retain their characteristic qualities under normal use
120 conditions.
121 2. Are properly sanitized after each use.
122 3. Are maintained in a sanitary manner between uses.
123 (h) Ensure that kitchen equipment is cleaned and sanitized
124 between uses.
125 (i) Ensure that gases, odors, steam, heat, grease, vapors,
126 and smoke are able to escape the kitchen.
127 (j) Ensure that temperature measuring devices or holding
128 equipment for the time or temperature control of food is
129 properly used for hot and cold holding of home kitchen food
130 products during storage, serving, and cooling.
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131 (k) Ensure that home kitchen food product preparation and
132 service is discontinued if there is a disruption of potable
133 water service.
134 (6) A home kitchen operation may only sell home kitchen
135 products which are affixed with a label that contains the
136 following information:
137 (a) The name and address of the home kitchen operation.
138 (b) The name of the home kitchen product.
139 (c) The ingredients of the home kitchen product, in
140 descending order of predominance by weight.
141 (d) The net weight or net volume of the home kitchen
142 product.
143 (e) Allergen information as specified by federal labeling
144 requirements.
145 (f) If any nutritional claim is made, appropriate
146 nutritional information as specified by federal labeling
147 requirements.
148 (g) The following statement printed in at least 10-point
149 type in a color that provides a clear contrast to the background
150 of the label: "Made in a home kitchen operation that is not
151 subject to Florida's food safety regulations."
152 (7) This section does not:
153 (a) Exempt a home kitchen operation from any state or
154 federal tax law, rule, regulation, or certificate that applies
155 to all home kitchen operations.
156 (b) Prevent the department or a local health department
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157 from enforcing an order to cease and desist operation of a home
158 kitchen if the department or the local health department has a
159 valid reason to suspect that the home kitchen operation is the
160 source of an adulterated food or of an outbreak of illness
161 caused by contaminated food.
162 (c) Apply to a person operating under a food permit issued
163 pursuant to s. 500.12.
164 (8) The regulation of home kitchen operations is preempted
165 to the state. A local law, ordinance, or regulation may not
166 prohibit a home kitchen operation or regulate the preparation,
167 processing, storage, or sale of home kitchen products by a home
168 kitchen operation; however, a home kitchen operation must comply
169 with the conditions for the operation of a home-based business
170 under s. 559.955.
171 (9)(a) The department must investigate any complaint which
172 alleges that a home kitchen operation has violated an applicable
173 provision of this chapter or rule adopted under this chapter.
174 (b) Upon receipt of a complaint, the department's
175 authorized officer or employee must enter and inspect the
176 premises of a home kitchen operation to determine compliance
177 with this chapter and department rules, as applicable. A home
178 kitchen operation's refusal to permit the department's
179 authorized officer or employee entry to the premises or to
180 conduct the inspection is grounds for disciplinary action
181 pursuant to s. 500.121.
182 (10) A home kitchen operation is subject to the
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183 disciplinary procedures under s. 500.121(7).
184 Section 3. Subsection (1) of section 500.121, Florida
185 Statutes, is amended to read:
186 500.121 Disciplinary procedures.—
187 (1) In addition to the suspension procedures provided in
188 s. 500.12, if applicable, the department may impose an
189 administrative fine in the Class II category pursuant to s.
190 570.971 against any retail food store, food establishment, home
191 kitchen operation, or cottage food operation that violates this
192 chapter, which fine, when imposed and paid, shall be deposited
193 by the department into the General Inspection Trust Fund. The
194 department may revoke or suspend the permit of any such retail
195 food store or food establishment if it is satisfied that the
196 retail food store or food establishment has:
197 (a) Violated this chapter.
198 (b) Violated or aided or abetted in the violation of any
199 law of this state governing or applicable to retail food stores
200 or food establishments or any lawful rules of the department.
201 (c) Knowingly committed, or been a party to, any material
202 fraud, misrepresentation, conspiracy, collusion, trick, scheme,
203 or device whereby another person, lawfully relying upon the
204 word, representation, or conduct of a retail food store or food
205 establishment, acts to her or his injury or damage.
206 (d) Committed any act or conduct of the same or different
207 character than that enumerated which constitutes fraudulent or
208 dishonest dealing.
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209 Section 4. This act shall take effect July 1, 2022.
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