Pandemic Darlings The pandemic economy, in original documents
Home Source documents Meeting Packet — Regulatory Reform Subcommittee (February 3, 2022)

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.

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

Cite this document

“Meeting Packet — Regulatory Reform Subcommittee (February 3, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-03-3101-regulatory-reform-subcommittee-meeting-packets-fn-rrs-b3fca6fa80/, SHA-256 64232174deb1515a45c002168e39a7d09e522656ab714e1b9a7f057cd72bf67a.

Full text

                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.

STORAGE NAME: h0345b.RRS                                                                                                             PAGE: 2
DATE: 2/1/2022
                    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.

STORAGE NAME: h0345b.RRS                                                                                                                 PAGE: 3
DATE: 2/1/2022
         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.

STORAGE NAME: h0345b.RRS                                                                                                                  PAGE: 4
DATE: 2/1/2022
         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.

STORAGE NAME: h0345b.RRS                                                                                       PAGE: 5
DATE: 2/1/2022
           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.

STORAGE NAME: h0345b.RRS                                                                                                      PAGE: 6
DATE: 2/1/2022
         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.

STORAGE NAME: h0345b.RRS                                                                                                        PAGE: 7
DATE: 2/1/2022
         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.

STORAGE NAME: h0345b.RRS                                                                                    PAGE: 8
DATE: 2/1/2022
         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.

STORAGE NAME: h0345b.RRS                                                                                         PAGE: 9
DATE: 2/1/2022
                    “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.

STORAGE NAME: h0345b.RRS                                                                                           PAGE: 10
DATE: 2/1/2022
         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).

STORAGE NAME: h0345b.RRS                                                                                                 PAGE: 11
DATE: 2/1/2022
       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.

STORAGE NAME: h0345b.RRS                                                                                  PAGE: 12
DATE: 2/1/2022
   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.”

STORAGE NAME: h0345b.RRS                                                                                  PAGE: 13
DATE: 2/1/2022
          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.




STORAGE NAME: h0345b.RRS                                                                                PAGE: 14
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




           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-

                                                        Page 1 of 41

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb0345-01-c1
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 345                                                                                            2022




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

                                                     Page 2 of 41

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb0345-01-c1
F   L   O   R   I   D   A     H    O   U   S    E   O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 345                                                                                            2022




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

                                                     Page 3 of 41

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




 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

                                                      Page 4 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 5 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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.

                                                      Page 6 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S    E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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.

                                                      Page 7 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 8 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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:

                                                      Page 9 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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.

                                                      Page 10 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 11 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 12 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 13 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 14 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 15 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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.

                                                      Page 16 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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:.....

                                                      Page 17 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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).....

                                                      Page 18 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 19 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 20 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 21 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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. —

                                                      Page 22 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 23 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 24 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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.

                                                      Page 25 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 26 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 27 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 28 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 29 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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.

                                                      Page 30 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U    S   E   O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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)...

                                                      Page 31 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 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

                                                      Page 32 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 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

                                                      Page 33 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S    E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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)...

                                                      Page 34 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 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

                                                      Page 35 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 36 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A     H   O   U   S    E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 37 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 38 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 345                                                                                            2022




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

                                                      Page 39 of 41

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0345-01-c1
 F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




          CS/HB 345                                                                                            2022




 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

                                                       Page 40 of 41

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                           hb0345-01-c1
 F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




          CS/HB 345                                                                                            2022




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.



                                                       Page 41 of 41

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                           hb0345-01-c1
                        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
     775879 - h0345-strike.docx
      Published On: 2/2/2022 5:49:45 PM
                                    Page 1 of 42
                                          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
     775879 - h0345-strike.docx
      Published On: 2/2/2022 5:49:45 PM
                                  Page 2 of 42
                                          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
     775879 - h0345-strike.docx
      Published On: 2/2/2022 5:49:45 PM
                                  Page 3 of 42
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 345   (2022)
       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
     775879 - h0345-strike.docx
      Published On: 2/2/2022 5:49:45 PM
                                  Page 4 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 345   (2022)
        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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 5 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. CS/HB 345   (2022)
        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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                     Page 6 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. CS/HB 345   (2022)
        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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                     Page 7 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 345   (2022)
        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,
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 8 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 345   (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 9 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345    (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 10 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345     (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 11 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345      (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 12 of 42
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 345    (2022)
        Amendment No. 1


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.—
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 13 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345    (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 14 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 345   (2022)
        Amendment No. 1


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)....
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 15 of 42
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 345   (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 16 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345    (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 17 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 345    (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                     Page 18 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 345   (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 19 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345    (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 20 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 345   (2022)
        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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 21 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 345   (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 22 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345    (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 23 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345    (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 24 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345    (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 25 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 345   (2022)
        Amendment No. 1


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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                     Page 26 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345    (2022)
        Amendment No. 1


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,
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 27 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 28 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 29 of 42
                                            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.—
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 30 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/HB 345    (2022)
        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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 31 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 32 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 33 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 34 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 35 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 36 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 37 of 42
                                           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,
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 38 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                    Page 39 of 42
                                           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
      775879 - h0345-strike.docx
       Published On: 2/2/2022 5:49:45 PM
                                   Page 40 of 42
                                            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
       775879 - h0345-strike.docx
        Published On: 2/2/2022 5:49:45 PM
                                    Page 41 of 42
                                            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.




       775879 - h0345-strike.docx
        Published On: 2/2/2022 5:49:45 PM
                                    Page 42 of 42
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

                                                        Page 1 of 11

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0715-00
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 715                                                                                                2022




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

                                                     Page 2 of 11

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0715-00
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 715                                                                                                2022




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

                                                     Page 3 of 11

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0715-00
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 715                                                                                                2022




 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

                                                      Page 4 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0715-00
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 715                                                                                                2022




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

                                                      Page 5 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0715-00
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 715                                                                                                2022




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

                                                      Page 6 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0715-00
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 715                                                                                                2022




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

                                                      Page 7 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0715-00
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 715                                                                                                2022




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

                                                      Page 8 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0715-00
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 715                                                                                                2022




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

                                                      Page 9 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0715-00
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 715                                                                                                2022




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

                                                      Page 10 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0715-00
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 715                                                                                                2022




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.




                                                      Page 11 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0715-00
                      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
                                   Page 1 of 1
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 .
STORAGE NAME: h0719.RRS
DATE: 2/1/2022
                                                   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.
STORAGE NAME: h0719.RRS                                                                                         PAGE: 2
DATE: 2/1/2022
         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.
STORAGE NAME: h0719.RRS                                                                                            PAGE: 3
DATE: 2/1/2022
         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.
STORAGE NAME: h0719.RRS                                                                                       PAGE: 4
DATE: 2/1/2022
        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.
STORAGE NAME: h0719.RRS                                                                                              PAGE: 5
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.
STORAGE NAME: h0719.RRS                                                                                        PAGE: 6
DATE: 2/1/2022
         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.
STORAGE NAME: h0719.RRS                                                                                     PAGE: 7
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.
STORAGE NAME: h0719.RRS                                                                                    PAGE: 8
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.




                                                         Page 1 of 1

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                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.


     527399 - h0719-strike.docx
      Published On: 2/2/2022 3:19:37 PM
                                    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.


     527399 - h0719-strike.docx
      Published On: 2/2/2022 3:19:37 PM
                                   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
     527399 - h0719-strike.docx
      Published On: 2/2/2022 3:19:37 PM
                                    Page 3 of 4
                                          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.




     527399 - h0719-strike.docx
      Published On: 2/2/2022 3:19:37 PM
                                  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.

STORAGE NAME: h0927b.RRS                                                                                                          PAGE: 2
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.




STORAGE NAME: h0927b.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 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;

                                                         Page 1 of 5

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0927-00
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 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

                                                      Page 2 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0927-00
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 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

                                                      Page 3 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0927-00
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 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

                                                       Page 4 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
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 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.




                                                       Page 5 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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
DATE: 2/1/2022
                                                   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.
STORAGE NAME: h0943b.RRS                                                                                          PAGE: 2
DATE: 2/1/2022
                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.
STORAGE NAME: h0943b.RRS                                                                                          PAGE: 3
DATE: 2/1/2022
                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill 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
STORAGE NAME: h0943b.RRS                                                                                  PAGE: 4
DATE: 2/1/2022
   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.




STORAGE NAME: h0943b.RRS                                                                                 PAGE: 5
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




           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

                                                         Page 1 of 5

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb0943-01-c1
F   L   O   R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 943                                                                                            2022




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

                                                      Page 2 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb0943-01-c1
F   L   O   R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 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

                                                      Page 3 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb0943-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 943                                                                                            2022




 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

                                                       Page 4 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0943-01-c1
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 943                                                                                            2022




101      over which the tribe has jurisdiction.
102              Section 2.         This act shall take effect upon becoming a law.




                                                       Page 5 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0943-01-c1
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.

STORAGE NAME: h1107b.RRS                                                                                                          PAGE: 2
DATE: 2/1/2022
       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.




STORAGE NAME: h1107b.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 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

                                                         Page 1 of 4

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1107-00
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 1107                                                                                               2022




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

                                                      Page 2 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1107-00
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 1107                                                                                               2022




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

                                                      Page 3 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1107-00
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 1107                                                                                               2022




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.




                                                      Page 4 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1107-00
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.
STORAGE NAME: h1423b.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:     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.




STORAGE NAME: h1423b.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 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

                                                         Page 1 of 7

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1423-00
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 1423                                                                                               2022




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

                                                      Page 2 of 7

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1423-00
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 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-

                                                      Page 3 of 7

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1423-00
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 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

                                                       Page 4 of 7

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1423-00
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 1423                                                                                               2022




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

                                                       Page 5 of 7

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1423-00
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 1423                                                                                               2022




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

                                                       Page 6 of 7

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1423-00
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 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.




                                                       Page 7 of 7

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1423-00
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.




STORAGE NAME: h1431b.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 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

                                                         Page 1 of 5

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1431-00
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 1431                                                                                               2022




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,

                                                      Page 2 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1431-00
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 1431                                                                                               2022




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

                                                      Page 3 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1431-00
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 1431                                                                                               2022




 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

                                                       Page 4 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1431-00
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 1431                                                                                               2022




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.




                                                       Page 5 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1431-00
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.




STORAGE NAME: h1433b.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 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

                                                        Page 1 of 45

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1433-00
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 1433                                                                                               2022




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

                                                     Page 2 of 45

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1433-00
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 1433                                                                                               2022




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

                                                     Page 3 of 45

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1433-00
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 1433                                                                                               2022




 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

                                                      Page 4 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 5 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 6 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 7 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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,

                                                      Page 8 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 9 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 10 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 11 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 12 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 13 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 14 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 15 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 16 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 17 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 18 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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,

                                                      Page 19 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 20 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 21 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 22 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 23 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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.
                                                                                                              hb1433-00
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 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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1433-00
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 1433                                                                                               2022




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 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

                                                      Page 37 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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;

                                                      Page 38 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
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 1433                                                                                               2022




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

                                                      Page 39 of 45

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1433-00
 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 1433                                                                                                 2022




 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

                                                       Page 40 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                 hb1433-00
 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 1433                                                                                               2022




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.

                                                       Page 41 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1433-00
 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 1433                                                                                               2022




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

                                                       Page 42 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1433-00
 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 1433                                                                                               2022




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

                                                       Page 43 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1433-00
 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 1433                                                                                               2022




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

                                                       Page 44 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1433-00
 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 1433                                                                                               2022




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.




                                                       Page 45 of 45

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1433-00
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 .
STORAGE NAME: h1451a.RRS
DATE: 2/1/2022
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Beverage Law

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

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

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

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

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


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

STORAGE NAME: h1451a.RRS                                                                                            PAGE: 2
DATE: 2/1/2022
         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.

STORAGE NAME: h1451a.RRS                                                                                      PAGE: 3
DATE: 2/1/2022
         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).
STORAGE NAME: h1451a.RRS                                                                                                     PAGE: 4
DATE: 2/1/2022
              "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.
STORAGE NAME: h1451a.RRS                                                                                  PAGE: 5
DATE: 2/1/2022
                 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).
STORAGE NAME: h1451a.RRS                                                                                              PAGE: 6
DATE: 2/1/2022
            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.
STORAGE NAME: h1451a.RRS                                                                                     PAGE: 7
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 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;

                                                        Page 1 of 11

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1451-00
F   L   O   R   I   D    A     H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 1451                                                                                               2022




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

                                                     Page 2 of 11

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1451-00
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 1451                                                                                               2022




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

                                                     Page 3 of 11

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1451-00
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1451                                                                                               2022




 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

                                                      Page 4 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1451-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1451                                                                                               2022




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

                                                      Page 5 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1451-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1451                                                                                               2022




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.

                                                      Page 6 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1451-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1451                                                                                               2022




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

                                                      Page 7 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1451-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1451                                                                                               2022




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

                                                      Page 8 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1451-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1451                                                                                               2022




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

                                                      Page 9 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1451-00
F   L   O    R   I   D    A     H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1451                                                                                               2022




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.—

                                                      Page 10 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1451-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1451                                                                                               2022




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




                                                      Page 11 of 11

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1451-00
                      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.—
     825227 - h1451-strike.docx
      Published On: 2/2/2022 11:40:48 AM
                                    Page 1 of 8
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1451    (2022)
       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.
     825227 - h1451-strike.docx
      Published On: 2/2/2022 11:40:48 AM
                                    Page 2 of 8
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1451    (2022)
       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
     825227 - h1451-strike.docx
      Published On: 2/2/2022 11:40:48 AM
                                   Page 3 of 8
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1451   (2022)
       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


     825227 - h1451-strike.docx
      Published On: 2/2/2022 11:40:48 AM
                                  Page 4 of 8
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1451   (2022)
        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.
      825227 - h1451-strike.docx
       Published On: 2/2/2022 11:40:48 AM
                                        Page 5 of 8
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1451   (2022)
        Amendment No. 1


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.




      825227 - h1451-strike.docx
       Published On: 2/2/2022 11:40:48 AM
                                      Page 6 of 8
                                            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.
      825227 - h1451-strike.docx
       Published On: 2/2/2022 11:40:48 AM
                                     Page 7 of 8
                                            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.




      825227 - h1451-strike.docx
       Published On: 2/2/2022 11:40:48 AM
                                   Page 8 of 8
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

                                                        Page 1 of 125

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                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




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

                                                     Page 2 of 125

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             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




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

                                                     Page 3 of 125

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             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




 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

                                                      Page 4 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                      Page 5 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                      Page 6 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                      Page 7 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                      Page 8 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                      Page 9 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 10 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 11 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 12 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 13 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 17 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 18 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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,

                                                     Page 19 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 20 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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,

                                                     Page 21 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 23 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 24 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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.

                                                     Page 26 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 29 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 30 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 31 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 32 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 33 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 34 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 35 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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,

                                                     Page 36 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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,

                                                     Page 37 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 38 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




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

                                                     Page 39 of 125

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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




 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

                                                      Page 40 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 41 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 42 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 43 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 44 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 45 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 46 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 47 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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,

                                                      Page 48 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 49 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 50 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 63 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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.

                                                     Page 111 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                     Page 112 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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.

                                                     Page 113 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                     Page 114 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                     Page 115 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                     Page 117 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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.

                                                     Page 119 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                     Page 120 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                     Page 121 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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.

                                                     Page 122 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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

                                                      Page 123 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                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




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

                                                     Page 124 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               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




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.




                                                     Page 125 of 125

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1497-00
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.
STORAGE NAME: pcs0575.RRS                                                                                     PAGE: 3
DATE: 2/1/2022
                        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.
STORAGE NAME: pcs0575.RRS                                                                                          PAGE: 4
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.
STORAGE NAME: pcs0575.RRS                                                                                        PAGE: 5
DATE: 2/1/2022
          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.
STORAGE NAME: pcs0575.RRS                                                                                            PAGE: 6
DATE: 2/1/2022
                    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.
STORAGE NAME: pcs0575.RRS                                                                                         PAGE: 7
DATE: 2/1/2022
        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.
STORAGE NAME: pcs0575.RRS                                                                                     PAGE: 8
DATE: 2/1/2022
       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
STORAGE NAME: pcs0575.RRS                                                                                   PAGE: 9
DATE: 2/1/2022
               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
STORAGE NAME: pcs0575.RRS                                                                                   PAGE: 10
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:
STORAGE NAME: pcs0575.RRS                                                                                     PAGE: 11
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




STORAGE NAME: pcs0575.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




           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

                                                        Page 1 of 42

        CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                     Page 2 of 42

     CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                     Page 3 of 42

     CODING: Words stricken are deletions; words underlined are additions.
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




 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

                                                      Page 4 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 5 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 6 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 7 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 8 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 9 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 10 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 11 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 12 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 13 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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.—

                                                      Page 14 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 15 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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,

                                                      Page 16 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 17 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 18 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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:

                                                      Page 19 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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;

                                                      Page 20 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 21 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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.

                                                      Page 22 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 23 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 24 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 25 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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:

                                                      Page 26 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 27 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 28 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 29 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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.

                                                      Page 30 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 31 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 32 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 33 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 34 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 35 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 36 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 37 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 38 of 42

      CODING: Words stricken are deletions; words underlined are additions.
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




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

                                                      Page 39 of 42

      CODING: Words stricken are deletions; words underlined are additions.
 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




 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

                                                       Page 40 of 42

       CODING: Words stricken are deletions; words underlined are additions.
 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




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

                                                       Page 41 of 42

       CODING: Words stricken are deletions; words underlined are additions.
 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




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.




                                                       Page 42 of 42

       CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 707
                                  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
DATE: 2/1/2022
                                                      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.
STORAGE NAME: pcs0707.RRS                                                                                                PAGE: 2
DATE: 2/1/2022
         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).
STORAGE NAME: pcs0707.RRS                                                                                                  PAGE: 3
DATE: 2/1/2022
                     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.
STORAGE NAME: pcs0707.RRS                                                                                                         PAGE: 4
DATE: 2/1/2022
                       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.
STORAGE NAME: pcs0707.RRS                                                                                                          PAGE: 5
DATE: 2/1/2022
         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.
STORAGE NAME: pcs0707.RRS                                                                                            PAGE: 6
DATE: 2/1/2022
         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.
STORAGE NAME: pcs0707.RRS                                                                                                PAGE: 7
DATE: 2/1/2022
         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
DATE: 2/1/2022
              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




           PCS for HB 707                              ORIGINAL                                                    YEAR




    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:

                                                         Page 1 of 9
        CODING: Words stricken are deletions; words                    underlined are additions.
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 707                              ORIGINAL                                                    YEAR




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

                                                      Page 2 of 9
     CODING: Words stricken are deletions; words                    underlined are additions.
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 707                              ORIGINAL                                                    YEAR




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

                                                      Page 3 of 9
     CODING: Words stricken are deletions; words                    underlined are additions.
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 707                              ORIGINAL                                                    YEAR




 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

                                                       Page 4 of 9
      CODING: Words stricken are deletions; words                    underlined are additions.
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 707                              ORIGINAL                                                    YEAR




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.

                                                       Page 5 of 9
      CODING: Words stricken are deletions; words                    underlined are additions.
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 707                              ORIGINAL                                                    YEAR




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

                                                       Page 6 of 9
      CODING: Words stricken are deletions; words                    underlined are additions.
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 707                              ORIGINAL                                                    YEAR




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

                                                       Page 7 of 9
      CODING: Words stricken are deletions; words                    underlined are additions.
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 707                              ORIGINAL                                                    YEAR




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.

                                                       Page 8 of 9
      CODING: Words stricken are deletions; words                    underlined are additions.
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 707                             ORIGINAL                                                    YEAR




209             Section 4.         This act shall take effect July 1, 2022.




                                                      Page 9 of 9
      CODING: Words stricken are deletions; words                   underlined are additions.


File and source

File
2022-02-03_3101_regulatory-reform-subcommittee_meeting-packets_fn-rrs-2-3-22.pdf
Size
5,164,989 bytes
SHA-256
64232174deb1515a45c002168e39a7d09e522656ab714e1b9a7f057cd72bf67a
Our copy
2022-02-03_3101_regulatory-reform-subcommittee_meeting-packets_fn-rrs-2-3-22.pdf
Original
No public link identified.
Back to top