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Home Source documents Meeting Packet — Regulatory Reform Subcommittee (February 8, 2022)

Meeting Packet — Regulatory Reform Subcommittee (February 8, 2022)

Summary

Meeting packet for the Regulatory Reform Subcommittee of the Commerce Committee, Tuesday, February 8, 2022, 1:00 PM in Webster Hall (212 Knott). The agenda lists CS/HB 721 (Authorization of Restrictions Concerning Dangerous Dogs), HB 763 (Tax Exemption for Charges for Private Investigations), HB 1429 (City of Ocala, Marion County) and proposed committee substitutes for HB 375, HB 529, CS/HB 583 and HB 1259 (Criminal Records). The staff analysis of CS/HB 721 discusses public housing authorities (PHAs) and their pet policies. The packet closes with the text of PCS for HB 1259, whose Section 2 provides that the act takes effect July 1, 2022.

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Cite this document

“Meeting Packet — Regulatory Reform Subcommittee (February 8, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-08-3101-regulatory-reform-subcommittee-meeting-packets-fn-rrs-d85b26bd29/, SHA-256 22b2107c0d98a7e6899bbadfc3aef0d7d46ed582e338d2f55ba8ae4826204e41.

Full text

                Regulatory Reform
                  Subcommittee
                Tuesday, February 8, 2022
                   1:00 PM – 3:00 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
                                      Tuesday, February 8, 2022
                                         1:00 PM – 3:00 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 721 Authorization of Restrictions Concerning Dangerous Dogs by Local
           Administration & Veterans Affairs Subcommittee, Buchanan
           HB 763 Tax Exemption for Charges for Private Investigations by Casello, Caruso
           HB 1429 City of Ocala, Marion County by McClain
           Consideration of the following proposed committee substitute(s):
           PCS for HB 375 -- Structural Engineering Recognition Program for Professional
           Engineers
           PCS for HB 529 -- Yacht and Ship Brokers Located out of State
           PCS for CS/HB 583 -- Limitations of Actions Other Than for the Recovery of Real
           Property
           PCS for HB 1259 -- Criminal Records
   V.      Closing Remarks
   VI.     Adjournment



                303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                Phone Numbers
CS/HB 721
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 721 Authorization of Restrictions Concerning Dangerous Dogs
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Buchanan and others
TIED BILLS:       IDEN./SIM. BILLS: SB 614

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Local Administration & Veterans Affairs                  16 Y, 0 N, As CS        Leshko             Miller
       Subcommittee

    2) Regulatory Reform Subcommittee                                                   Thompson           Anstead

    3) State Affairs Committee


                                              SUMMARY ANALYSIS
Public housing authorities (PHAs) are created pursuant to Florida law at municipal, county, and regional levels,
and become active through resolution by the applicable governing body. Among other powers, PHAs may
administer fair housing ordinances and other ordinances as adopted by municipalities, counties, or other
authorities contracting for administrative services.

PHAs must file annual agency plans with the U.S. Department of Housing and Urban Development which must
include their policies on public housing occupancy, including pet ownership. These policies may include
reasonable requirements such as prohibitions on types of animals that are classified as dangerous and
restrictions on individual animals based on certain factors including size and weight. Currently, the policies of
some PHAs prohibit pets based on the breed, behavior, or training of the pet. However, some regulations
based on breed do not depend on a finding that the pet is vicious or dangerous. Additionally, the definition of
“dangerous dog” under Florida law is not uniformly applied in all PHA policies.

Local governments may adopt ordinances addressing the safety and welfare concerns stemming from dog
attacks on people or domestic animals, placing restrictions and additional requirements on owners of
dangerous dogs, provided that no such regulations may be breed specific. However, ordinances adopted prior
to October 1, 1990 are exempt from these statutory requirements.

The bill authorizes PHAs to adopt rules or policies imposing restrictions or further requirements on owners of
dogs deemed dangerous, as defined by Florida law. The bill further allows PHAs to develop procedures or
criteria to aid in the implementation of these rules and policies. Additionally, the bill removes the current
exception for local ordinances adopted prior to October 1, 1990, bringing such ordinances under the
requirements of the statute.

This bill is projected to have no fiscal impact.




                                                        FULL ANALYSIS

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0721a.RRS
DATE: 2/4/2022
                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

         Background

         Creation of Housing Authorities

         Public housing authorities (PHA) are created at municipal, county1, and regional levels.2 While
         authorized by statute, said housing authorities may not transact any business or exercise their statutory
         powers until such time as the governing body of the municipality or county declares by resolution that
         there is a need for a housing authority to function in the jurisdiction. This determination may be made
         by the governing body of the municipality or county on its own motion or upon the filing of a petition
         signed by 25 residents of the jurisdiction asserting that there exists a need for such an authority and
         requesting that the governing body so declare.3 The governing body may adopt such a resolution if it
         finds the following:
              Insanitary or unsafe inhabited dwelling accommodations exist in the city or county; or
              There is a shortage of safe or sanitary dwelling accommodations in the city or county available
                 to persons of low income at rentals they can afford.4

         Upon notification of the adoption of such a resolution, the mayor of a city, or the Governor, shall appoint
         commissioners of the housing authority for the city or county, respectively. 5

         Additionally, if the governing body of two or more contiguous counties each declares by resolution the
         need for one housing authority to exercise powers and other functions for all such counties, a regional
         housing authority will be created; and any housing authorities created, for each individual county, shall
         cease to exist except for the purpose of winding up their respective affairs and executing a deed to the
         regional housing authority. The governing body of a county shall not adopt a resolution of this kind if its
         current county housing authority has any outstanding obligations, unless:
              All obligees of such county housing authority and any parties to any contracts, bonds, notes, or
                 other obligations of such county housing authority agree to substitute the regional housing
                 authority in lieu of the county housing authority on all such contracts, bonds, notes, or other
                 obligations; and
              The commissioners of such county housing authority adopt a resolution consenting to the
                 transfer of all the rights, contracts, obligations, and property, real and personal, of such county
                 housing authority to the regional housing authority.6

         Furthermore, the governing body of each of two or more contiguous counties must declare by
         resolution that:
              Insanitary or unsafe inhabited dwelling accommodations exist in such county or there is a
                 shortage of safe and sanitary dwelling accommodations in such county available to persons of
                 low income at rentals they can afford; and



1 A county housing authority shall operate in all areas of the county except those portions that lie within the territorial bou ndaries of

any city (defined as any city or town having a population of more than 2,500 according to the last state or federal cen sus). Ss.
421.27(3) and 421.03(2), F.S.
2 Ss. 421.04, 421.27, and 421.28, F.S.; A regional housing authority shall operate in all counties for which the regional housing

authority was created except the portions of the counties that lie within the territorial boundaries of cities. Ss. 421.29(1) and 421.03(2),
F.S.
3 Ss. 421.04(1) and 421.27(1), F.S.
4 S. 421.04(2), F.S.; In determining whether dwelling accommodations are unsafe or insanitary the governing body may take into

consideration the following: the degree of overcrowding, the percentage of land coverage, the light, air, space and access av ailable to
the inhabitants, the size and arrangements of the rooms, the sanitary facilities, and the extent to which conditions exist in such
buildings which endanger life or property by fire or other causes. S. 421.04(2)(b), F.S.
5 S. 421.27(2), F.S.
6 S. 421.28(1), F.S.
STORAGE NAME: h0721a.RRS                                                                                                            PAGE: 2
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                  A regional housing authority would be a more efficient or economical administrative unit than
                   the housing authority of such county to carry out the purposes of this Housing Authorities Law in
                   such county.7

         Powers of Housing Authorities

          PHAs are authorized to administer fair housing ordinances and other ordinances adopted by
          municipalities, counties, or other authorities contracting for administrative services.8

         Public Housing Authority Agency Plans

          PHAs must submit annual plans to the U.S. Department of Housing and Urban Development (HUD) for
          approval. These plans must include a statement of the PHA’s policies and rules regarding ownership of
          pets in public housing.9

          PHAs may impose reasonable requirements on residents of public housing regarding pet ownership,
          which may include prohibitions against types of animals that are classified as dangerous 10 and
          individual animals based on certain factors, such as the size and weight of the animal. 11

          Currently, some PHAs include provisions in their policies prohibiting pets based on breed, behavior, or
          training of the pet.12 However, some regulations based on breed do not depend on a finding that the pet
          is vicious or dangerous. Additionally, the definition of “dangerous dog” under Florida law is not uniformly
          applied in all PHA policies.13

          Local Restrictions Regarding Dangerous Dogs

          Local governments may adopt ordinances to address safety and welfare concerns stemming from dog
          attacks on people or domestic animals, placing restrictions and additional requirements on owners of
          dangerous dogs, provided that no regulations may be breed specific. 14 Ordinances adopted prior to
          October 1, 1990, are exempt from these statutory requirements. 15


7 S. 421.28(3),  F.S.; No governing body shall adopt a resolution of this kind unless a public hearing has first been held. S. 421.29(7),
F.S.
8 S. 421.08(6), F.S.
9 42 U.S.C.A. §1437c-1; See also 24 C.F.R. §903.7(n) (The policies must be in accordance with section 31 of the 1937 Act (42 U.S.C.

§1437z-3)).
10 Classifications must comply with state and local law. 24 C.F.R. §960.707(b)(3).
11 42 U.S.C.A. §1437z-3(b)(3); See generally Federal H.R. 5828 – Pets Belong With Families Act was introduced on November 2,

2021, and is still pending. This resolution seeks to amend 42 U.S.C.A. §1437z-3 in order to prohibit PHAs from imposing breed
restrictions on household pets owned by residents of dwelling units in public housing, and for other purposes. The proposed
amendment allows for “prohibitions on types of animals that are classified as dangerous, provided that classification is base d on
specific behaviors or actions by the animal and is not based on the breed of the animal,” and further clarifies that reasonable
requirements imposed by PHAs may not include prohibitions on breeds of animals. https://www.congress.gov/bill/117th -
congress/house-
bill/5828/text?q=%7B%22search%22%3A%5B%22breed+restrictions%22%2C%22breed%22%2C%22restrictions%22%5D%7D&r=
1&s=9 (last visited Jan. 3, 2022).
12 See e.g., Tampa Housing Authority, https://www.thafl.com/Departments/Real-Estate-Development/library/PHA-PLAN.pdf (last

visited Jan. 3, 2022) (forbidding “Pit bull, Rottweiler, German Shepherd, Chow, Doberman Pinscher or any species considered
vicious, intimidating, or kept for the purpose of training for fighting or wagering of bets”); St. Petersburg Housing Authority,
https://www.stpeteha.org/plugins/show_image.php?id=1912 (last visited Jan. 3, 2022) (prohibiting “any animal deemed to be
potentially harmful to the health or safety of others, including attack or fight trained dogs . . . certain breeds may be pro hibited at the
discretion of [St. Petersburg Housing Authority]”); Key West Housing Authority,
https://www.kwha.org/egov/documents/1614973714_73249.pdf (last visited Jan. 3, 2022) (prohibiting “vicious or intimidating pe ts.
Dog breeds including pitbull, rottweiler, Doberman, are considered vicious or intimidating breeds”).
13 See S. 767.11(1), F.S.
14 A local government may only enact additional restrictions or requirements on the owners of dogs who have already been declare d

“dangerous” as defined in s. 767.11, F.S. This section does not authorize or prohibit additional restrictions or requirements on owners
of dogs who have not been declared “dangerous.” Hoesch v. Broward County, 53 So. 3d 1177 (Fla. 4th DCA 2011).
15 S. 767.14, F.S.
STORAGE NAME: h0721a.RRS                                                                                                            PAGE: 3
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         Florida law defines a “dangerous dog” as any dog that according to the records of the appropriate
         authority:16
              Has aggressively bitten, attacked, or endangered or inflicted severe injury17 on a human being
                 on public or private property;
              Has more than once severely injured or killed a domestic animal while off the owner’s property;
                 or
              Has, when unprovoked18, chased or approached a person upon the streets, sidewalks, or any
                 public grounds in a menacing fashion or apparent attitude of attack, provided that such actions
                 are attested to in a sworn statement by one or more persons and dutifully investigated by the
                 appropriate authority.19

         Effect of Proposed Changes

         The bill authorizes PHAs to adopt rules or policies imposing restrictions or further requirements on
         owners of dogs deemed dangerous, as defined by Florida law. The bill authorizes PHAs to develop
         procedures or criteria to aid in the implementation of these rules and policies. Additionally, the bill
         removes the exemption for local ordinances adopted prior to October 1, 1990, requiring those
         ordinances must now comply with these statutory restrictions.

    B. SECTION DIRECTORY:
         Section 1:        Amends s. 767.14, F.S., providing housing authorities the power to adopt rules or
                           policies addressing dangerous dogs and removing the exemption for local ordinances
                           adopted prior to October 1, 1990.

         Section 2:        Provides an effective date of October 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:
         None.

    D. FISCAL COMMENTS:

16 Local governments may not alter the statutory definition of “dangerous dog.” See Hoesch, 53 So. 3d at 1180-1181.
17 “Severe injury” is defined as any physical injury resulting in broken bones, multiple bites, or disfiguring lacerations requiring

sutures or reconstructive surgery. S. 767.11(3), F.S.
18 “Unprovoked” is defined as a victim who conducted himself or herself peacefully and lawfully was bitten or chased in a menacing

fashion or attacked by a dog. S. 767.11(2), F.S.
19 S. 767.11(1), F.S.
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       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 neither requires nor authorizes administrative rulemaking by executive agencies..

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

   On January 13, 2022 the Local Administration & Veterans Affairs Subcommittee adopted a proposed
   committee substitute (PCS) and reported the bill favorably as a committee substitute. The PCS clarifies
   that local governments have the authority to adopt ordinances and housing authorities have the authority to
   adopt rules or policies related to dangerous dogs.

   This analysis is drafted to the committee substitute adopted by the Local Administration & Veterans Affairs
   Subcommittee.




STORAGE NAME: h0721a.RRS                                                                                PAGE: 5
DATE: 2/4/2022
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 721                                                                                            2022




    1                                         A bill to be entitled
    2              An act relating to the authorization of restrictions
    3              concerning dangerous dogs; amending s. 767.14, F.S.;
    4              authorizing certain housing authorities to adopt
    5              certain rules or policies relating to dangerous dogs;
    6              removing an exemption for local ordinances adopted
    7              before a specified date which pertain to dogs that
    8              have bitten or attacked persons or domestic animals;
    9              providing an effective date.
10
11         Be It Enacted by the Legislature of the State of Florida:
12
13                 Section 1.         Section 767.14, Florida Statutes, is amended to
14         read:
15                 767.14       Additional local restrictions authorized.—This act
16         does not limit any local government from adopting an ordinance
17         or any housing authority created by or pursuant to s. 421.04, s.
18         421.27, or s. 421.28 from adopting a rule or a policy to address
19         the safety and welfare concerns caused by attacks on persons or
20         domestic animals, placing further restrictions or additional
21         requirements on owners of dogs that have bitten or attacked
22         persons or domestic animals, or developing procedures and
23         criteria for the implementation of this act, provided that no
24         such regulation is specific to breed and that the provisions of
25         this act are not lessened by such additional regulations or

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb0721-01-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 721                                                                                            2022




26      requirements. This section does not apply to any local ordinance
27      adopted prior to October 1, 1990.
28              Section 2.         This act shall take effect October 1, 2022.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb0721-01-c1
HB 763
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 763 Tax Exemption for Charges for Private Investigations
SPONSOR(S): Casello and others
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 1146

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Regulatory Reform Subcommittee                                                   Thompson           Anstead

    2) Ways & Means Committee

    3) Commerce Committee


                                                     SUMMARY ANALYSIS

Florida levies a six percent sales and use tax on the sale or rental of most tangible personal property,
admissions, transient rentals, and a limited number of services.

The state of Florida does not usually collect sales tax from the vast majority of services performed. An example
of taxed services would be investigative and crime protection services, interior nonresidential cleaning
services, nonresidential pest control services, or a service which includes repairing or creating a product. This
means that a yoga instructor would not be required to collect sales tax, while a janitor or private investigator
may be required to collect sales tax.

Chapter 212, F.S., contains provisions authorizing the levy and collection of Florida’s sales and use tax, as well
as the exemptions and credits applicable to certain items or uses under specified circumstances. Sales tax is
added to the price of the taxable good or service and collected from the purchaser at the time of sale.

Currently, charges for detective, burglar protection, and other protection services listed under the North
American Industry Classification System (NAICS), including investigative services, security guards and patrol
services, armored car services, and security systems services, except locksmiths, are subject to the 6 percent
sales and use tax.

The bill exempts charges for private investigations provided by a small private investigative agency from the
sales and use tax.

The bill defines the term "small private investigative agency" as a person licensed as a private investigator that
employs three or fewer employees and that received less than $50,000 in compensation during the preceding
calendar year for providing private investigations for all businesses that are related through common
ownership.

The Revenue Estimating Conference estimated that the bill will have a negative cash and recurring impact on
General Revenue of $0.3 million in FY 2022-23, and a negative cash and recurring impact on local government
revenues of $0.1 million in FY 2022-23.

The effective date of the bill is July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0763.RRS
DATE: 2/5/2022
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
          Background

          Florida Sales and Use Tax

          Florida levies a six percent sales and use tax on the sale or rental of most tangible personal property, 1
          admissions,2 transient rentals,3 and a limited number of services. Chapter 212, F.S., authorizes the levy
          and collection of Florida’s sales and use tax and provides the exemptions and credits applicable to
          certain items or uses under specified circumstances. Sales tax is added to the price of the taxable good
          or service and collected from the purchaser at the time of sale. 4

          The state of Florida does not usually collect sales tax from the vast majority of services performed. An
          example of taxed services would be investigative and crime protection services, interior nonresidential
          cleaning services, nonresidential pest control services, or a service which includes repairing or creating
          a product. This means that a yoga instructor would not be required to collect sales tax, while a janitor or
          private investigator may be required to collect sales tax. 5

          Counties are authorized to impose local discretionary sales surtaxes in addition to the state sales tax.6
          A surtax applies to “all transactions occurring in the county which transactions are subject to the state
          tax imposed on sales, use, services, rentals, admissions, and other transactions by [ch. 212, F.S.], and
          communications services as defined in ch. 202, F.S.”7 The discretionary sales surtax is based on the
          tax rate imposed by the county where the taxable goods or services are sold or delivered. Discretionary
          sales surtax rates currently being levied vary by county in a range of 0.5 to 2.5 percent.8

          Currently, charges for detective, burglar protection, and other protection services listed under the North
          American Industry Classification System (NAICS) National Numbers 561611 (investigative services),
          561612 (security guards and patrol services), 561613 (armored car services), and 561621 (security
          systems services, except locksmiths) are subject to the 6 percent sales and use tax. 9 Fingerprint
          services required under s. 790.06, F.S., or s. 790.062, F.S., are not subject to the tax.

          Law enforcement10 and public safety services are not subject to tax irrespective of whether the duty is
          characterized as “extra duty,” “off-duty,” or “secondary employment,” and irrespective of whether the
          officer is paid directly or through the officer’s agency by an outside source.

          Charges for detective, burglar protection, and other protection security services performed in this state
          but used outside this state are exempt from taxation. Charges for detective, burglar protection, and
          other protection security services performed outside this state and used in this state are subject to
          tax.11

1 S. 212.05(1)(a)1.a.,  F.S.
2 S. 212.04(1)(b),   F.S.
3 S. 212.03(1)(a), F.S.
4 S. 212.07(2), F.S.
5 Sales Tax Handbook, Florida Sales Tax, https://www.salestaxhandbook.com/florida (last visited Feb. 4, 2022).
6 S. 212.055, F.S.
7 Section 212.054(2)(a), F.S.
8 Office of Economic and Demographic Research, Florida Tax Handbook, 227-228 (2021),

http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2021.pdf (last visited Feb. 02, 2022).
9 S. 212.05(1)(i)1., F.S.
10 S. 943.10(1), F.S., defines “law enforcement officer” as any person who is elected, appointed, or employed full time by any

municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; a nd whose
primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highwa y laws of
the state.
11 S. 212.05(1)(i)3., F.S.
STORAGE NAME: h0763.RRS                                                                                                          PAGE: 2
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         Private Investigative Services

         The Division of Licensing within the Department of Agriculture and Consumer Services (DACS)
         oversees the regulation of licensing of private investigative services.12 As of December 31, 2021, the
         Division has issued 2,627 private investigative agency licenses and 6,992 private investigator
         licenses.13

         A “private investigator” is defined as any individual who, for consideration, advertises as providing or
         performs private investigations.14 A “private investigative agency” means any person who, for
         consideration, advertises as providing or is engaged in the business of furnishing privation
         investigations.15 “Private investigation” is defined as an investigation to obtain information on any of the
         following matters:
               Crime or wrongs done or threatened against the United States or any state or territory of the
                 United States, when operating under express written authority of the governmental official
                 responsible for authorizing such investigation.
               The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions,
                 reputation, or character of any society, person, or group of persons.
               The credibility of witnesses or other persons.
               The whereabouts of missing persons, owners of unclaimed property or escheated property, or
                 heirs to estates.
               The location or recovery of lost or stolen property.
               The causes and origin of, or responsibility for, fires, libels, slanders, losses, accidents, damage,
                 or injuries to real or personal property.
               The business of securing evidence to be used before investigating committees or boards of
                 award or arbitration or in the trial of civil or criminal cases and the preparation thereof.16

         Applicants for licensure as a private investigator must complete and submit an application to DACS and
         meet certain requirements. An applicant must:
             Be at least 18 years old;
             Be one of the following:
                    o A United States citizen,
                    o A permanent legal resident, or
                    o A holder of a work visa from the United States Citizenship and Immigration Service;
             Have no disqualifying criminal history;
             Be of good moral character;
             Have no history of:
                    o Mental illness,
                    o Alcohol abuse, or
                    o Substance abuse; and
             Submit an application with certain identifying information;17 and
             Complete 40 hours of required training and submit proof thereof to DACS. 18

         To become a private investigator in Florida, a Class “C” Private Investigator license is required. 19 An
         applicant for the Class "C" Private Investigator license must have two years of lawfully gained,
         verifiable, full-time experience to qualify for the license.20 In order to carry a firearm in the course of

12 Ch. 493, F.S.
13 Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports (as of December 31, 2021),   available
at https://www.fdacs.gov/Divisions -Offices/Licensing/Statistical-Reports (last visited Jan. 28, 2022).
14 Section 493.6101(16), F.S.
15 Section 493.6101(15), F.S.
16 Section 493.6101(17), F.S.
17 S. 493.6105, F.S.
18 S. 493.6303(4)(a), F.S.
19 S. 493.6201(5), F.S.
20 S. 493.6203, F.S.
STORAGE NAME: h0763.RRS                                                                                                      PAGE: 3
DATE: 2/5/2022
         performing such duties, the licensee must also obtain a Class “G” Statewide Firearm license in addition
         to the Class “C” Private Investigator license.21

         Effect of the Bill

         The bill exempts charges for private investigations provided by a “small private investigative agency”
         from the sales and use tax.

         The bill defines the term "small private investigative agency" as:

             a person as defined in s. 212.02(12), F.S.,22 licensed as a private investigator under s.
             493.6201, F.S., that employs three or fewer employees and that received less than $50,000
             in compensation during the preceding calendar year for providing private investigations, as
             that term is defined in s. 493.6101(17), F.S., for all businesses that are related through
             common ownership.

         The bill defines the term "employees" as:

             all full-time and part-time employees currently employed by a small private investigative
             agency at all of its business locations, wherever they are located, including any person
             performing services for the small private investigative agency under an arrangement for
             employee leasing as that term is defined in s. 468.520(4), F.S.23

    B. SECTION DIRECTORY:
         Section 1:         Amends s. 212.05, F.S., relating to sales, storage, use tax.
         Section 2:         Provides an effective date.

                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              The Revenue Estimating conference estimated that the bill will have a negative cash and recurring
              impact on General Revenue of $0.3 million in FY 2022-23.24

         2. Expenditures:
              None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
              The Revenue Estimating conference estimated that the bill will have a negative cash and recurring
              impact on local government revenues of $0.1 million in FY 2022-23.25

         2. Expenditures:


21 S. 493.6115(2),   F.S.
22 S. 212.02(12),   F.S., defines “person” as any individual, firm, copartnership, joint adventure, association, corporation, estate, trust,
business trust, receiver, syndicate, or other group or combination acting as a unit and also any political subdivision, munic ipality, state
agency, bureau, or department and includes the plural as well as the singular number.
23 S. 468.520(4), defines “employee leasing” as an arrangement whereby a leasing company assigns its employees to a client and

allocates the direction of and control over the leased employees between the leasing company and the client.
24 2022 Regular Session Revenue Estimating Conference, Impact Conference Results (Jan. 07, 2022), ps. 173-175,

http://edr.state.fl.us/content/conferences/revenueimpact/archives/2022/_pdf/Impact0107.pdf (last visited Feb. 02, 2022).
25 Id.
STORAGE NAME: h0763.RRS                                                                                                             PAGE: 4
DATE: 2/5/2022
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        Charges for private investigations provided by small private investigative agencies will be exempt from
        sales tax.

    D. FISCAL COMMENTS:
        None.

                                                       III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

             The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
             apply because this bill may reduce revenues collected by counties and municipalities related to
             taxes and private investigative services; however, an exemption may apply. The insignificant fiscal
             impact exemption may apply because the statewide fiscal impact to counties and municipalities is
             approximately $100,000.
        2. Other:
           None.

    B. RULE-MAKING AUTHORITY:
           The Department of Revenue may be required to undergo rulemaking to update Rule 12A-1.0092 of
           the Florida Administrative Code.26

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        None.

                             IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




26 Fla. Dept. of Revenue, Agency Analysis of 2022 HB 763, p.2 (Dec. 16, 2021).
STORAGE NAME: h0763.RRS                                                                                   PAGE: 5
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           HB 763                                                                                                2022




    1                                          A bill to be entitled
    2               An act relating to tax exemption for charges for
    3               private investigations; amending s. 212.05, F.S.;
    4               providing that charges for private investigations by
    5               private investigative agencies are not subject to the
    6               sales and use tax; defining terms related to such
    7               agencies and investigations; providing an effective
    8               date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                  Section 1.         Paragraph (i) of subsection (1) of section
13         212.05, Florida Statutes, is amended to read:
14                  212.05        Sales, storage, use tax.—It is hereby declared to
15         be the legislative intent that every person is exercising a
16         taxable privilege who engages in the business of selling
17         tangible personal property at retail in this state, including
18         the business of making or facilitating remote sales; who rents
19         or furnishes any of the things or services taxable under this
20         chapter; or who stores for use or consumption in this state any
21         item or article of tangible personal property as defined herein
22         and who leases or rents such property within the state.
23                  (1)         For the exercise of such privilege, a tax is levied on
24         each taxable transaction or incident, which tax is due and
25         payable as follows:

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        HB 763                                                                                                2022




26               (i)1.       At the rate of 6 percent on charges for all:
27               a.      Detective, burglar protection, and other protection
28      services (NAICS National Numbers 561611, 561612, 561613, and
29      561621). However, charges for private investigations provided by
30      a small private investigative agency are not subject to the tax.
31      Fingerprint services required under s. 790.06 or s. 790.062 are
32      not subject to the tax. Any law enforcement officer, as defined
33      in s. 943.10, who is performing approved duties as determined by
34      his or her local law enforcement agency in his or her capacity
35      as a law enforcement officer, and who is subject to the direct
36      and immediate command of his or her law enforcement agency, and
37      in the law enforcement officer's uniform as authorized by his or
38      her law enforcement agency, is performing law enforcement and
39      public safety services and is not performing detective, burglar
40      protection, or other protective services, if the law enforcement
41      officer is performing his or her approved duties in a
42      geographical area in which the law enforcement officer has
43      arrest jurisdiction. Such law enforcement and public safety
44      services are not subject to tax irrespective of whether the duty
45      is characterized as "extra duty," "off-duty," or "secondary
46      employment," and irrespective of whether the officer is paid
47      directly or through the officer's agency by an outside source.
48      The term "law enforcement officer" includes full-time or part-
49      time law enforcement officers, and any auxiliary law enforcement
50      officer, when such auxiliary law enforcement officer is working

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        HB 763                                                                                                2022




51      under the direct supervision of a full-time or part-time law
52      enforcement officer.
53               (I)         For purposes of this paragraph, the term "small
54      private investigative agency" means a person as defined in s.
55      212.02(12), licensed as a private investigator under s.
56      493.6201, that employs three or fewer employees and that
57      received less than $50,000 in compensation during the preceding
58      calendar year for providing private investigations, as that term
59      is defined in s. 493.6101(17) for all businesses that are
60      related through common ownership.
61               (II)        For purposes of this paragraph, the term "employees"
62      means all full-time and part-time employees currently employed
63      by a small private investigative agency at all of its business
64      locations, wherever they are located, including any person
65      performing services for the small private investigative agency
66      under an arrangement for employee leasing as that term is
67      defined in s. 468.520(4).
68               b.      Nonresidential cleaning, excluding cleaning of the
69      interiors of transportation equipment, and nonresidential
70      building pest control services (NAICS National Numbers 561710
71      and 561720).
72               2.      As used in this paragraph, "NAICS" means those
73      classifications contained in the North American Industry
74      Classification System, as published in 2007 by the Office of
75      Management and Budget, Executive Office of the President.

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         HB 763                                                                                                2022




 76               3.      Charges for detective, burglar protection, and other
 77      protection security services performed in this state but used
 78      outside this state are exempt from taxation. Charges for
 79      detective, burglar protection, and other protection security
 80      services performed outside this state and used in this state are
 81      subject to tax.
 82               4.      If a transaction involves both the sale or use of a
 83      service taxable under this paragraph and the sale or use of a
 84      service or any other item not taxable under this chapter, the
 85      consideration paid must be separately identified and stated with
 86      respect to the taxable and exempt portions of the transaction or
 87      the entire transaction shall be presumed taxable. The burden
 88      shall be on the seller of the service or the purchaser of the
 89      service, whichever applicable, to overcome this presumption by
 90      providing documentary evidence as to which portion of the
 91      transaction is exempt from tax. The department is authorized to
 92      adjust the amount of consideration identified as the taxable and
 93      exempt portions of the transaction; however, a determination
 94      that the taxable and exempt portions are inaccurately stated and
 95      that the adjustment is applicable must be supported by
 96      substantial competent evidence.
 97               5.      Each seller of services subject to sales tax pursuant
 98      to this paragraph shall maintain a monthly log showing each
 99      transaction for which sales tax was not collected because the
100      services meet the requirements of subparagraph 3. for out-of-

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         HB 763                                                                                                2022




101      state use. The log must identify the purchaser's name, location
102      and mailing address, and federal employer identification number,
103      if a business, or the social security number, if an individual,
104      the service sold, the price of the service, the date of sale,
105      the reason for the exemption, and the sales invoice number. The
106      monthly log shall be maintained pursuant to the same
107      requirements and subject to the same penalties imposed for the
108      keeping of similar records pursuant to this chapter.
109               Section 2.        This act shall take effect July 1, 2022.




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                                                                                                              hb0763-00
                      REGULATORY REFORM SUBCOMMITTEE

                             HB 763 by Rep. Casello
                Tax Exemption for Charges for Private Investigations

                               AMENDMENT SUMMARY
                                  February 8, 2022


Amendment 1 by Rep. Casello (lines 53-60):
  • Clarifies that the sales tax exemption applies to “private investigative agencies.”
  • Applies the $50,000 compensation threshold to “each” of the three or less employees,
     instead of to the businesses, and specifies that it must be “taxable” compensation.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 763   (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 Casello offered the following:
 4
 5          Amendment
 6          Remove lines 53-60 and insert:
 7          (I)    For purposes of this paragraph, the term "small
 8     private investigative agency" means a person as defined in s.
 9     212.02(12), licensed as a private investigative agency under s.
10     493.6201, that employs three or fewer employees that each
11     received less than $50,000 in taxable compensation during the
12     preceding calendar year for providing private investigations, as
13     that term is defined in s. 493.6101(17).




     336097 - h0763-lines 53-60.docx
      Published On: 2/7/2022 5:25:06 PM
                                   Page 1 of 1
HB 1429
                         HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS

BILL #:     HB 1429 City of Ocala, Marion County
SPONSOR(S): McClain
TIED BILLS:       IDEN./SIM. BILLS:


    REFERENCE                                                     ACTION               ANALYST             STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Local Administration & Veterans Affairs                    17 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 an exception to ch. 561, F.S., permitting licensed vendors located within the Downtown Ocala
Event Zone 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 Ocala City Council 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: h1429b.RRS
DATE: 2/4/2022
                                                          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.

         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 the Bill

         The bill creates an exception to ch. 561, F.S., permitting licensed vendors located within the Downtown
         Ocala Event Zone 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 Ocala
         City Council 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 Ocala Event Zone in the City of Ocala and provides a property
                           description of the district.
         Section 2:        Creates an exception to general law; upon adoption of a resolution approving a special
                           event and street closure by the Ocala City Council, allows licensed vendors within the
                           Downtown Ocala Event Zone 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 zone during approved 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: h1429b.RRS                                                                                                          PAGE: 2
DATE: 2/4/2022
       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?          December 3, 2021.

       WHERE?                 The Star Banner, a newspaper printed and published in Ocala, Marion 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: h1429b.RRS                                                                                  PAGE: 3
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           HB 1429                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to City of Ocala, Marion County;
    3                creating and designating boundaries of an
    4                entertainment event zone within the downtown area of
    5                the city; providing an exception to general law;
    6                requiring the Division of Alcoholic Beverages and
    7                Tobacco of the Department of Business and Professional
    8                Regulation to issue a special permit to bona fide
    9                licensed vendors operating within the entertainment
10                   event zone for the sale of alcoholic beverages for
11                   consumption off the licensed premises and on public
12                   rights-of-way and public park property during city-
13                   approved special events; requiring adoption of a
14                   resolution approving such special events by the Ocala
15                   City Council during an advertised public hearing;
16                   providing that special permits are in addition to
17                   certain other authorized temporary permits; requiring
18                   bona fide licensed vendors to comply with all other
19                   statutory requirements; providing an exemption from
20                   general law; providing an effective date.
21
22         Be It Enacted by the Legislature of the State of Florida:
23
24                   Section 1.       There is created a special zone in the City of
25         Ocala to be known as the "Downtown Ocala Event Zone," more

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        HB 1429                                                                                               2022




26      particularly described as follows:
27
28                Commencing at the corner of NW 2nd Avenue and NW 1st
29                Street; thence east along the center line of NW and NE
30                1st Street to the center line of NE Watula Avenue;
31                thence south along the center line of NE and SE Watula
32                Ave to the center line of SE 5th Street; thence west
33                along the center line of SE 5th Street to the center
34                line of SE Osceola Avenue; thence north along the
35                center line of SE Osceola Avenue to the center line of
36                SE 3rd Street; thence west along the center line of SE
37                and SW 3rd Street to the center line of SW 2nd Avenue;
38                thence north along Center line of SW and NW 2nd Avenue
39                to the point of beginning.
40
41                Section 2.       Notwithstanding chapter 561, Florida Statutes,
42      the Division of Alcoholic Beverages and Tobacco of the
43      Department of Business and Professional Regulation shall issue a
44      special permit to bona fide licensed vendors for consumption on
45      the premises, operating a licensed premises within the Downtown
46      Ocala Event Zone, upon adoption of a resolution approving a
47      special event and street closure by the Ocala City Council
48      during an advertised public hearing, to temporarily sell
49      alcoholic beverages for consumption on the premises in open
50      containers that may be removed from the premises by patrons and

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        HB 1429                                                                                               2022




51      consumed within the Downtown Ocala Event Zone. The type and
52      color of the open container shall be identified in the
53      resolution approved by the Ocala City Council. Such special
54      permit may be authorized for no more than 12 outdoor events per
55      calendar year and is valid only for the duration of each special
56      event approved by the Ocala City Council.
57                Section 3.       The special permits authorized by this act
58      shall be granted in addition to any other temporary permits
59      authorized pursuant to chapter 561, Florida Statutes.
60                Section 4.       Bona fide licensed vendors shall comply with
61      all other requirements of chapter 561, Florida Statutes, while
62      conducting business pursuant to special permits authorized by
63      this act.
64                Section 5.       This act shall take effect upon becoming a law.




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                                                                                                             hb1429-00
PCS for HB 375
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 375 Structural Engineering Recognition Program for Professional Engineers
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
The practice of engineering is regulated by the Florida Board of Professional Engineers (Board) under the
Department of Business and Professional Regulation (DBPR) Division of Professions. The Board is
responsible for reviewing applications, administering exams, licensing qualified applicants, and regulating and
enforcing the proper practice of engineering in the state. The administrative, investigative, and prosecutorial
services for the Board are administered by the Florida Engineers Management Corporation (FEMC). FEMC is
a non-profit, single purpose corporation that operates through a contract with DBPR.

Current law requires that applicants for licensure as a professional engineer have certain qualifications,
including passing a fundamentals examination and a principles and practice examination, having good moral
character, obtaining a degree from a four year engineering curriculum, and having four years of engineering
experience.

The bill:
    Establishes the “Structural Engineering Recognition Program for Professional Engineers” (Program).
    Requires the Board to recognize any licensed professional engineer who:
             o Has successfully passed the National Council of Examiners for Engineering and Surveying
                 Structural Engineering 16-hour PE Structural examination or any other examination approved by
                 the Board.
             o Specializes in structural engineering based on alternative criteria determined by the Board.
    Provides that upon application to the Board, a professional engineer who has the minimum program
        requirements must be recognized as a professional engineer who has gone above and beyond in the
        field of structural engineering.
    Prohibits the Board from collecting a fee for the application or for recognition by the Program.
    Authorizes a professional engineer who is recognized by the Program to identify the recognition in her
        or his professional practice, including in marketing and advertising materials.
    Provides that recognition by the Program is not required for a professional engineer to practice
        structural engineering.
    Requires the Board to adopt rules to implement these requirements.

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

The effective date of the bill is July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0375.RRS
DATE: 2/4/2022
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Professional Engineering

         The practice of engineering1 is regulated by the Florida Board of Professional Engineers (Board) under
         the Department of Business and Professional Regulation (DBPR) Division of Professions. 2 The Board
         is responsible for reviewing applications, administering exams, licensing qualified applicants, and
         regulating and enforcing the proper practice of engineering in the state. The administrative,
         investigative, and prosecutorial services for the Board are administered by the Florida Engineers
         Management Corporation (FEMC).3 FEMC is a non-profit, single purpose corporation that operates
         through a contract with DBPR.

         There were 62,909 licensed professional engineers in Fiscal Year 2020-2021.4 The FEMC processed
         231 complaints regarding engineering practices during that period, with 137 of the complaints found to
         be legally sufficient to proceed, and filed 68 administrative complaints in cases where probable cause
         was found relating to a violation of the practice act.5

         License Qualifications and Exemptions

         Current law provides for license qualifications for a professional engineer to practice in the state.6 In
         order to be licensed as a professional engineer, a person must successfully pass two examinations : the
         fundamentals examination and the principles and practices examination. Prior to being permitted to sit
         for the fundamentals examination, an applicant must have graduated from: 7
              An approved engineering science curriculum of four years or more in a board-approved school,
                 college, or university; or
              An approved engineering technology curriculum of four years or more in a board-approved
                 school, college, or university.

         The FEMC is required to issue a license to any applicant who the board certifies is qualified to practice
         engineering and who has passed the fundamentals and the principles and practice examination.8

         The board is required to certify for licensure any applicant who has submitted proof of being at least 18
         years old and has the required engineering experience. 9 For graduates of an approved engineering
         science curriculum, the applicant must have a record of at least four years of active engineering
         experience sufficient to indicate competence to be in responsible charge of engineering. Graduates of



1 Ch. 471, F.S., governs the licensing and regulation of professional engineers.
2 S. 20.165(4)(a)11., F.S.
3 S. 471.038(3), F.S.
4 Department of Business and Professional Regulation, Annual Report, Fiscal Year 2020-2021, for the Divisions of Certified Public

Accounting, Professions, Real Estate, and Regulation (2020-2021 Annual Report) at p. 20,
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY2021.pdf (last visited Feb. 02, 2022).
5 See the Annual Report of the FEMC for FY 2020-2021, available at https://fbpe.org/wp-content/uploads/2021/10/2020-21-FEM C-

Annual-Report.pdf, at p. 2 (last visited Jan. 19, 2022). The FEMC also filed 89 Final Orders with the DBPR; entered into three
negotiations, and tried one administrative hearing; dismis sed two cases after re-consideration; issued 16 reprimands, three
suspensions, four probations, three project reviews, and three license restrictions; and imposed $44,765.23 in administrative costs and
$58,500 in fines. The board also issued 88 Final Orders against licensees.
6 S. 471.013, F.S.,
7 S. 471.013(1), F.S.
8 S. 471.015(1), F.S.
9 S. 471.015(2), F.S.
STORAGE NAME: pcs0375.RRS                                                                                                      PAGE: 2
DATE: 2/4/2022
         an approved engineering technology curriculum must have a record of at least six years of such
         qualified experience.10

         The law also identifies certain persons who are exempted from the licensing requirements. 11

         Special Inspectors of Threshold Buildings

         The board is authorized to establish by rule the qualifications for certification of licensees as inspectors
         of threshold buildings.12 A “threshold building” is “any building which is greater than three stories or 50
         feet in height, or which has an assembly occupancy classification as defined in the Florida Building
         Code which exceeds 5,000 square feet in area and an occupant content of greater than 500 persons.” 13

         The board is also authorized to establish minimum qualifications for the qualified representative of the
         special inspector who is authorized to perform inspections of threshold buildings on behalf of the
         special inspector.14

         The agency charged with enforcing the building code (enforcing agency) 15 must require a special
         inspector to perform structural inspections on a threshold building pursuant to a structural inspection
         plan prepared by the engineer or architect of record.16

         Engineer Seals

         The board is authorized to prescribe, by rule, one or more forms of seal to be used by licensed
         engineers.17 Each licensee must obtain at least one seal.18 All final drawings, specifications, plans,
         reports, or documents prepared or issued by the licensee and filed for public record and all final
         documents provided to the owner or the owner’s representative must be signed by the licensee, dated,
         and sealed with the seal.19 The signature, date, and seal are evidence of the authenticity of the
         document to which they are affixed.20

         A licensee may not affix or permit to be affixed his or her seal, name, or digital signature to any plan,
         specification, drawing, final bid document, or other document that depicts work which he or she is not
         licensed to perform or which is beyond his or her profession or specialty. 21

         A successor engineer seeking to reuse documents previously sealed by another engineer must be able
         to independently re-create all of the work done by the original engineer, and assumes full professional
         and legal responsibility by signing and affixing his or her seal to the assumed documents. 22

         Descriptive Titles

         Current law sets forth the permissible and prohibited titles for persons licensed under ch. 471, F.S., and
         for persons who are otherwise exempted from such licensure. 23 With certain exceptions for persons

10 See ss. 471.015(2)(a)1.  and 2., F.S.
11 S. 471.003(2),  F.S.
12 S. 471.015(7), F.S.
13 See s. 553.71(12), F.S.
14 See s. 471.015(7), F.S.
15 See s. 553.71(5), F.S., which defines the term “local enforcement agency” to mean “an agency of local government, a local school

board, a community college board of trustees, or a university board of trustees in the State University System with jurisdict ion to make
inspections of buildings and to enforce the codes which establish standards for design, construction, erection, alteration, rep air,
modification, or demolition of public or private buildings, structures, or facilities.”
16 S. 553.79(5)(a), F.S.
17 S. 471.025(1), F.S.
18 S. 471.025(1), F.S.
19 Id.
20 Id.
21 S. 471.025(3), F.S.
22 S. 471.025(4), F.S. The original engineer is released from any professional responsibility or civil liability for work that is assumed.
23 S. 471.031, F.S.
STORAGE NAME: pcs0375.RRS                                                                                                         PAGE: 3
DATE: 2/4/2022
          exempted from licensure, the use of the name “professional engineer” or any other title, designation,
          abbreviation, or indication that a person holds an active license as an engineer when the person is not
          licensed under ch. 471, F.S., is prohibited, along with use of the following titles:
               Agricultural engineer;
               Air-conditioning engineer;
               Architectural engineer;
               Building engineer;
               Chemical engineer;
               Civil engineer;
               Control systems engineer;
               Electrical engineer;
               Environmental engineer;
               Fire protection engineer;
               Industrial engineer;
               Manufacturing engineer;
               Mechanical engineer;
               Metallurgical engineer;
               Mining engineer;
               Minerals engineer;
               Marine engineer;
               Nuclear engineer;
               Petroleum engineer;
               Plumbing engineer;
               Structural engineer;
               Transportation engineer;
               Software engineer;
               Computer hardware engineer; and
               Systems engineer.24

          Violations are a first degree misdemeanor punishable as provided in ss. 775.082 or 775.083, F.S. 25

          Discipline by the Board

          Current law outlines the conduct that constitutes grounds for the imposition of discipline by the board. 26
          Such discipline includes denial of an application for licensure, suspension or revocation of a license,
          imposition of fines, reprimands, probation, or restitution, and restriction of the authorized scope of
          practice of a licensee.

          Voluntary Structural Engineer Associations

          The Florida Structural Engineers Association (FSEA) provides input on building codes and enforcement
          and sponsors technical seminars to address common concerns of the profession. 27 Members of FSEA
          become members of the National Council of Structural Engineers Associations (NCSEA).28 The
          NCSEA was formed to improve the standard level of practice of the structural engineering profession
          and provide an identifiable resource for seeking communication with the profession. 29 It advocates for
          the practice of structural engineering on behalf of its 44 member organizations.30 According to the



24 See s. 471.031(1)(b ),  F.S.
25 See s. 471.031(2),   F.S.
26 S. 471.033,   F.S.
27 Facebook, Florida Structural Engineers Association, https://www.facebook.com/pages/category/Local-business/Florida-Structural-

Engineering-Association-242110399280593/ (last visited Feb. 02, 2022).
28 National Council of Structural Engineers Associations, About Us, http://www.ncsea.com/about/ (last visited Feb. 02, 2022).
29 See http://www.ncsea.com/about/ (last visited Jan. 19, 2022).
30 Id.
STORAGE NAME: pcs0375.RRS                                                                                                       PAGE: 4
DATE: 2/4/2022
         NCSEA, two states restrict who may use the title “structural engineer,” 31 eight states have a partial
         practice act for structural engineers,32 and two states have a full practice act for structural engineers.33

         The National Council of Examiners for Engineering and Surveying is a nonprofit organization composed
         of 69 engineering and surveying licensing boards from all 50 states, the District of Columbia, Guam,
         Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.34 It provides services including
         engineering examinations, surveying examinations, exam preparation materials, records programs, and
         credentials evaluations among other services to licensing jurisdictions. 35

         Legislative History Related to Structural Engineers

         In 2015, the Governor vetoed36 legislation that created a separate license type for “structural
         engineers.” Under the proposed legislation, structural engineers would have been licensed and
         regulated similar to licensed professional engineers.

         The veto letter pointed out that the bill:
             Contained additional requirements and a new license for current and future engineers who wish
                to practice structural engineering.
             Required passing 16 hours of exams, and an unwarranted mechanism to exempt currently
                licensed engineers from having to take and pass the qualifying exams.

         Effect of the Bill

         The bill establishes the Structural Engineering Recognition Program for Professional Engineers
         (Program).

         The bill requires the Board to:
             Recognize professional engineers who specialize in structural engineering and have gone
                 above and beyond the required minimum professional engineer licensing standards.
             Establish minimum requirements to receive recognition through the Program.
             Recognize any licensed professional engineer who has successfully passed the National
                 Council of Examiners for Engineering and Surveying Structural Engineering 16-hour PE
                 Structural examination or any other examination approved by the Board.

         The bill authorizes the Board to recognize any licensed professional engineer who specializes in
         structural engineering based on alternative criteria determined by the Board.

         The bill prohibits the Board from collecting a fee for the application or for recognition by the Program.

         The bill authorizes a professional engineer who is recognized by the Program to identify the recognition
         in her or his professional practice, including in marketing and advertising materials.

         Recognition by the Program is not required for a professional engineer to practice structural
         engineering.

         The bill requires the Board to adopt rules to implement these requirements.

     B. SECTION DIRECTORY:



31 Idaho and Nebraska. See http://www.ncsea.com/resources/licensure/ (last visited Jan. 19, 2022).
32 Alaska, California,    Georgia, Nevada, Oklahoma, Oregon, Utah, and Washington.
33 Illinois and Hawaii.
34 See The National Council of Examiners    for Engineering and Surveying (ncees.org) (last visited Jan. 19, 2022).
35 Id.
36 Veto Letter from Governor Rick Scott to Secretary of State Kenneth W. Detzner, House Bill 217 (2015),

https://www.flgov.com/wp-content/uploads/2015/06/Transmittal-Letter-6.11.15-HB-217.pdf (last visited Feb. 02, 2022).
STORAGE NAME: pcs0375.RRS                                                                                              PAGE: 5
DATE: 2/4/2022
       Section 1:     Creates s. 471.055, F.S., relating to the Structural Engineering Recognition Program for
                      Professional Engineers.

       Section 2:     Provides an effective date.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       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 requires the Board to adopt rules to implement the provisions in the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0375.RRS                                                                               PAGE: 6
DATE: 2/4/2022
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           PCS for HB 375                                                                                       2022




    1                                          A bill to be entitled
    2              An act relating to Structural Engineering Recognition
    3              Program for Professional Engineers; creating s.
    4              471.055, F.S.; establishing the Structural Engineering
    5              Recognition Program for Professional Engineers;
    6              requiring the Board of Professional Engineers to
    7              recognize a licensed professional engineer who has
    8              successfully passed a specified examination; providing
    9              requirements for application and recognition;
10                 prohibiting a fee for such application or for
11                 recognition; authorizing a professional engineer
12                 recognized by the program to identify such recognition
13                 in her or his professional practice and marketing and
14                 advertising materials; providing that recognition by
15                 the program is not required to practice structural
16                 engineering; requiring rulemaking; providing an
17                 effective date.
18
19         Be It Enacted by the Legislature of the State of Florida:
20
21                 Section 1.          Section 471.055, Florida Statutes, is created
22         to read:
23                 471.055         Structural Engineering Recognition Program for
24         Professional Engineers.—
25                 (1)          The board shall establish the Structural Engineering

                                                         Page 1 of 2
        PCS for HB 375
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                                                                                                                        V
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        PCS for HB 375                                                                                       2022




26      Recognition Program for Professional Engineers to recognize
27      professional engineers who specialize in structural engineering
28      and have gone above and beyond the required minimum professional
29      engineer licensing standards. The board shall establish minimum
30      requirements to receive recognition through the program. The
31      board must recognize any licensed professional engineer who has
32      successfully passed the National Council of Examiners for
33      Engineering and Surveying Structural Engineering 16 -hour PE
34      Structural examination or any other examination approved by the
35      board. In addition, the board may recognize any licensed
36      professional engineer who specializes in structural engineering
37      based on alternative criteria determined by the board.
38              (2)          Upon application to the board, a professional engineer
39      who has the minimum program requirements shall be recognized as
40      a professional engineer who has gone above and beyond in the
41      field of structural engineering. The board may not collect a fee
42      for such application or for recognition by the program.
43              (3) A professional engineer who is recognized by the
44      program may identify such recognition in her or his pro fessional
45      practice, including in marketing and advertising materials.
46              (4)          Recognition by the program is not required for a
47      professional engineer to practice structural engineering.
48              (5)          The board shall adopt rules to implement this section.
49              Section 2.          This act shall take effect July 1, 2022.



                                                      Page 2 of 2
     PCS for HB 375
     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                     V
PCS for HB 529
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 529 Yacht and Ship Brokers Located out of State
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Regulatory Reform Subcommittee                                         Wright             Anstead


                                            SUMMARY ANALYSIS
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses various
businesses and professionals in Florida through 12 divisions, including the Division of Florida Condominiums,
Timeshares, and Mobile Homes (division), which regulates yacht and ship brokers and salespersons. A person
may not act as a broker or salesperson in Florida unless they are licensed by the division.

For the purposes of the practice act, “yacht” means any vessel which is propelled by sail or machinery in the
water which exceeds 32 feet in length, and which weighs less than 300 gross tons.

A yacht and ship “broker” is a person who, for or in expectation of compensation: sells, offers, or negotiates to
sell; buys, offers, or negotiates to buy; solicits or obtains listings of; or negotiates the purchase, sale, or
exchange of, yachts for other persons. A person may not be licensed as a broker unless they have been a
salesperson for at least 2 consecutive years.

A license is not required for:
      A person who sells his or her own yacht,
      An attorney at law for services rendered in his or her professional capacity,
      A receiver, trustee, or other person acting under a court order,
      A transaction involving the sale of a new yacht, or
      A transaction involving the foreclosure of a security interest in a yacht.

The PCS provides that a license is not required for a person who regularly conducts business as a yacht or
ship broker or salesperson in another state who engages in the purchase or sale of a yacht under this act, if
the transaction is executed with a broker or salesperson licensed in this state. This limitation does not apply to
a duly licensed attorney.

The bill may have a minimal indeterminate fiscal impact on state government, and no fiscal impact on local
governments.

The PCS 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: pcs0529.RRS
DATE: 2/5/2022
                                                 FULL ANALYSIS

                                           I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Yacht and Ship Brokers

        The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
        various businesses and professionals in Florida through 12 divisions, including the Division of Florida
        Condominiums, Timeshares, and Mobile Homes (division).1

        The division provides consumer protection for Florida residents through education, complaint
        resolution, mediation and arbitration, and developer disclosure. 2 The division has limited regulatory
        authority over the following business entities and individuals:
             Condominium Associations;
             Cooperative Associations;
             Florida Mobile Home Parks and related associations;
             Vacation Units and Timeshares;
             Yacht and Ship Brokers and related business entities; and
             Homeowners’ Associations.3

        For the purposes of the practice act, “yacht” means any vessel which is propelled by sail or machinery
        in the water which exceeds 32 feet in length, and which weighs less than 300 gross tons. 4

        A yacht and ship “broker” is a person who, for or in expectation of compensation: sells, offers, or
        negotiates to sell; buys, offers, or negotiates to buy; solicits or obtains listings of; or negotiates the
        purchase, sale, or exchange of, yachts for other persons.5 A person may not be licensed as a broker
        unless they have been a salesperson for at least 2 consecutive years. 6

        A yacht and ship “salesperson” is a person who, for or in expectation of compensation, is employed by
        a broker to perform any acts of a broker.7

        Yacht and ship brokers, salespersons, and related business organizations are regulated under ch. 326,
        F.S., and by the division.8 A person may not act as a broker or salesperson in Florida unless they are
        licensed by the division.9

        An applicant for a license as a broker or salesperson must demonstrate or provide the following to the
        division:10
             Proof of good moral character.
             Proof that they have never been convicted of a felony.
             A $25,000 bond for broker or a $10,000 bond for salespersons to the division.
             Proof that they are a resident of Florida or that they conduct business in Florida.
             A full set of fingerprints taken within the 6 months immediately preceding the submission of the
                application.
             Proof that they have not operated as a broker or salesperson without a license.

1 S. 20.165, F.S.
2 Department  of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile
Homes, http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/ (last visited Feb. 4, 2022).
3 Id.
4 S. 326.002(4), F.S.
5 S. 326.002(1), F.S.
6 S. 326.004(8), F.S.
7 S. 326.002(3), F.S.
8 Ch. 326, F.S.
9 S. 326.004(1), F.S.
10 S. 326.004(6), F.S.
STORAGE NAME: pcs0529.RRS                                                                                         PAGE: 2
DATE: 2/5/2022
        A license is not required for:11
              A person who sells his or her own yacht,
              An attorney at law for services rendered in his or her professional capacity,
              A receiver, trustee, or other person acting under a court order,
              A transaction involving the sale of a new yacht, or
              A transaction involving the foreclosure of a security interest in a yacht.

        There are no provisions for a license by endorsement, or licensure for persons who are licensed in
        another jurisdiction.

        Effect of the Bill

        The PCS provides that a license is not required for a person who regularly conducts business as a
        yacht or ship broker or salesperson in another state who engages in the purchase or sale of a yacht
        under this act, if the transaction is executed with a broker or salesperson licensed in this state. This
        limitation does not apply to a duly licensed attorney.

        The PCS is effective upon becoming law.

    B. SECTION DIRECTORY:

        Section 1:         Amends s. 326.004, F.S.; relating to a licensure exception.
        Section 2:         Provides an effective date.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            The PCS may have a minimal decrease in licensing fees to the division due to less out-of-state
            yacht and ship brokers needing to have a Florida license to do business in Florida in certain
            circumstances.

        2. Expenditures:
            None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        The PCS may allow more out-of-state yacht and ship brokers to do business in Florida.

    D. FISCAL COMMENTS:
        None.



11 S. 362.004(3),   F.S.
STORAGE NAME: pcs0529.RRS                                                                                    PAGE: 3
DATE: 2/5/2022
                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0529.RRS                                                                       PAGE: 4
DATE: 2/5/2022
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           PCS for HB 529                                                                                       2022




    1                                          A bill to be entitled
    2              An act relating to yacht and ship brokers located out
    3              of state; amending s. 326.004, F.S.; exempting a
    4              person who conducts business as a broker or
    5              salesperson in another state from licensure for
    6              specified transactions; providing an exception;
    7              providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                 Section 1.          Section 326.004, Florida Statutes, is amended,
12         to read:
13                 326.004         Licensing.—
14                 (3)          A license is not required for:
15                 (f)          A person who regularly conducts business as a yacht or
16         ship broker or salesperson in another state who engages in the
17         purchase or sale of a yacht under this act, if the transaction
18         is executed with a broker or salesperson licensed in this state.
19         This limitation does not apply to a duly licensed attorney.
20                 Section 2.          This act shall take effect upon becoming a law.




                                                         Page 1 of 1

        CODING: Words stricken are deletions; words underlined are additions.
PCS for CS/HB 583
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for CS/HB 583 Limitations of actions other than for the recovery of real property
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Regulatory Reform Subcommittee                                         Brackett           Anstead


                                             SUMMARY ANALYSIS
Florida law sets forth time periods within which claims must be made based on deficiencies in construction or
flaws in materials used during construction, known as construction defects. If a lawsuit is not filed related to a
defect within the given time frames, any claims regarding the defect will be barred. Chapter 95, F.S., provides
guidelines for how property owners and contractors should handle cases where a suspected defect is involved.

In Florida, a lawsuit for construction defects must be brought to court within four years from the end of the
project. Specifically, the clock for the statute of limitations for construction defects typically begins to run from
the latest date of:
     Actual possession by the owner;
     Issuance of a certificate of occupancy;
     Abandonment of construction if not completed; or
     Completion or termination of the contract between the professional engineer, registered architect, or
         licensed contractor and his or her employer.

If the defect is latent, hidden, or unable to be ascertained, the time frame for the statute of limitations begins
on the date the defect was discovered or should have reasonably been discovered with due diligence.

However, under no circumstances may a lawsuit be brought after ten years. Under the ten-year statute of
repose, actions must be commenced within ten years after the latest of the above listed events. The bill
repeals the 10-year statute of repose.

The bill revises the statute of limitations for actions founded on the design, planning, or construction of an
improvement to real property. The bill provides that the four-year time period for the statute of limitations
begins to run 45 days after the date of:
    Completion of the improvement, which is defined to include the date of issuance of the certificate of
        completion or occupancy, or the closing of the building permit; or
    Abandonment of the improvement, if the improvement is not completed.

The bill provides that if an action involves a latent defect the action must be commenced within seven years,
instead of four years, with the time beginning 45 days after completion or abandonment, and repeals the
provision that allowed the time to begin on date the defect was discovered or should have reasonably been
discovered with due diligence.

If an action alleges a material violation and the person alleging the material violation can show by clear and
convincing evidence that the engineer, architect, or contractor or his or her employer knew of the material
violation at the time of construction, the action must be commenced within 15 years, with the time beginning
45 days after completion or abandonment.

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

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




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0583.RRS
DATE: 2/5/2022
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Current Situation

          Statutes of Limitations and Repose

          A statute of limitations is an absolute bar to the filing of a lawsuit after a date set by law. A law creating
          a statute of limitations specifies when the time period begins, how long the limitations period runs, and
          circumstances by which the running of the statutes may be tolled. A statute of limitations usually begins
          to run when a cause of action accrues, which is generally when the harm occurs.

          Current law provides that actions founded on the design, planning, or construction of an
          improvement to real property are subject to a four-year statute of limitations. The four-year time
          period of the statute of limitations begins to run from the latest date of: 1

                   Actual possession by the owner;
                   Issuance of a certificate of occupancy;
                   Abandonment of construction if not completed; or
                   Completion or termination of the contract between the professional engineer, registered
                    architect, or licensed contractor and his or her employer.

          In actions involving a latent defect, the four-year statute of limitations does not begin to run until the
          defect is discovered or should have been discovered with the exercise of due diligence.2

          A patent defect is a defect that would have been obvious to the owner had the owner exercised
          reasonable care.3 A latent defect is a hidden flaw or imperfection that cannot be discovered by
          reasonable and customary inspection, and of which the owner has no knowledge.4

          Statute of Repose

          A statute of repose is similar to a statute of limitations. A statute of repose bars a suit after a fixed
          period of time after the defendant acts in some way, even if this period ends before the plaintiff has
          suffered any injury. Although phrased in similar language, a statute of repose is not a true statute of
          limitations because it begins to run from an established or fixed event, such as the delivery of a product
          or the completion of work, which is unrelated to accrual of the cause of action, discovery of the defect
          or when harm occurs.5

          Unlike a statute of limitations, a statute of repose eliminates the underlying substantive right of action,
          not just the remedy available to the plaintiff, upon expiration of the period specified in the statute.6
          Courts construe a cause of action rescinded by a statute of repose as if the right to sue never existed.
          Statutes of repose are designed to encourage diligence in the prosecution of claims, eliminate the
          potential of abuse from a stale claim, and foster certainty and finality in liability. 7


1 S. 95.11(3)(c),   F.S.
2 Id.
3 McIntosh v. Progressive Design and Engineering,    Inc., 166 So. 3d 823, 828-29 (Fla. 4th DCA 2015); Florida Dept. of
Transp. v. Capeletti Bros., Inc., 743 So. 2d 150, 152 (Fla. 3rd DCA 1999); Brady v. State Paving Corp., 693 SO. 2d 612,
613 (Fla. 4th DCA 1997).
4 Alexander v. Suncoast Builders, Inc., 837 So. 2d 1056, 1058 (Fla. 3d DCA 2003).
5 Kush v. Lloyd, 616 So.2d 415 (Fla. 1992).
6 Beach v. Great Western Bank , 692 So.2d 146 (Fla. 1997)
7 Lamb By and Through Donaldson v. Volk swagenwerk Ak tiengesellschaft , 631 F. Supp. 1144, 1148 (S.D. Fla. 1986),

judgment aff'd, 835 F.2d 1369 (11th Cir. 1988).
STORAGE NAME: pcs0583.RRS                                                                                         PAGE: 2
DATE: 2/5/2022
         In addition to the four-year statute of limitations, there is a 10-year statute of repose for an action
         founded on the design, planning, or construction of an improvement to real property. Such actions must
         be commenced, regardless of the time the cause of action accrued, within 10 years after latest date
         of:8

                   Actual possession by the owner;
                   Issuance of a certificate of occupancy;
                   Abandonment of construction if not completed; or
                   Completion or termination of the contract between the professional engineer, registered
                    architect, or licensed contractor and his or her employer.

         Thus, the statute of repose may bar an action even though the injured party is unaware of the existence
         of the cause of action.

         Florida Building Code

         The Florida Building Code (Building Code) is the statewide building code for all construction in the
         state. The Florida Building Commission (Commission), housed within the Department of Business and
         Professional Regulation (DBPR), implements the Building Code. The Commission reviews the
         International Code Council’s I-Codes and the National Electric Code every three years to determine if it
         needs to update the Building Code.9

         Part IV of ch. 553, F.S., is known as the “Florida Building Codes Act,” which provides a mechanism for
         the uniform adoption, updating, interpretation, and enforcement of a single, unified state building code
         that must be applied, administered, and enforced uniformly and consistently from jurisdiction to
         jurisdiction.10 The Building Code is adopted, updated, and interpreted by the Commission, and is
         enforced by local governments.11

         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.12 The Building Code sets minimum standards for the design, construction, erection, alteration,
         modification, repair, and demolition of buildings, structures, and facilities in the state.

         It is the intent of the Legislature that local governments have the power to inspect all buildings,
         structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 13
         Every local government must enforce the Building Code and issue building permits.14

         It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
         building without first obtaining a building permit from the local government or from such persons as
         may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
         as set forth in a schedule of fees adopted by the enforcing agency. 15

         A building permit is an official document or certificate issued by the local building official that authorizes
         performance of a specific activity.16 A building official is a local government employee or a person
         contracted by a government entity who supervises building code activities, including plans review,

8 S. 95.11(3)(c), F.S.
9 S. 553.73(7),  F.S.
10 See s. 553.72(1), F.S.
11 Ss. 553.72, & 553.73, F.S.
12 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 Feb. 4, 2022).
13 S. 553.72, F.S.
14 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
15 See ss. 125.56(4)(a) and 553.79(1), F.S.
16 S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Buildi ng).
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        enforcement, and inspection.17 Any construction work that requires a building permit also requires plan
        reviews and inspections by the building official to ensure the work complies with the Building Code.18 A
        permit for construction work that passes the required inspections and meets the requirements of the
        permit receives a certificate of completion or is considered closed.19

        After a new building or structure20 is completed and passes the required inspections and permit
        requirements, the local building official will issue a certificate of occupancy. A new building or
        structure may not be used or occupied until the local building official issues a certificate of occupancy
        for the building or structure.21

        Construction and Electrical Contractors

        The Legislature has determined that it is “necessary in the interest of the public health, safety, and
        welfare” to regulate the construction, electrical, and alarm system industry. 22

        Construction contractors are either certified by or registered with the Construction Industry Licensing
        Board (CILB). The CILB is housed in DBPR and consists of 18 members who are appointed by the
        Governor and confirmed by the Senate. The CILB is responsible for licensing, regulating, and
        disciplining certified construction contractors. Electrical contractors and alarm system contractors are
        certified by or registered with the Electrical Contractors’ Licensing Board (ECLB). The ECLB is also
        housed in DBPR consists of 11 members who are appointed by the Governor and confirmed by the
        Senate. The ECLB is responsible for licensing, regulating, and disciplining certified electrical and alarm
        system contractors.23

        The CILB and the ECLB may take action24 against a certified contractor if they find the contractor is
        guilty of violating the contractor’s practice act. Violations include:25

                   Abandoning a construction project;
                   Committing financial mismanagement that causes financial harm to a customer;
                   Failing to perform any statutory or legal obligation placed upon a licensee;
                   Falsely indicating that payment has been made for all subcontracted work, labor, and materials
                    which results in a financial loss to the owner, purchaser, or contractor;
                   Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of
                    adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the
                    ability to practice contracting; or
                   Proceeding on a job without obtaining applicable local building department permits and
                    inspections.

        In addition to the CILB or ECLB disciplining a contractor, any licensee responsible for a material Florida
        Building Code violation who failed to correct the violation within a reasonable time may be fined by a




17 S. 468.603(2),   F.S.; S. 202 of the Seventh edition of the Florida Building Code (Building).
18 Ss. 107, 110.1, and 110.3 of the Seventh    edition of the Florida Building (Building).
19 S. 553.79(17)(a), F.S.; section 5-110.4, Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County

Planning, Zoning & Building Department, Building Division, http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive% 20and% 20Excluded%20Building%20Permits.pdf (last visited Feb. 3,
2022).
20 This includes an existing building or structure that is changing its occupancy class ification.
21 S. 111 of the Seventh edition of the Florida Building (Building).
22 s. 489.101, F.S.
23 See generally Ch. 489, F.S.
24 The CILB and the ECLB may place a contractor on probation, reprimand him or her, revoke or suspend the contractor’s

certificate or registration, or deny the issuance of a renewal certificate or registration. The CILB and the ECLB may also
require financial restitution to a consumer for financial harm directly related to a violation, require continuing education, or
assess costs associated with investigation and prosecution. Ss. 489.129(1), 489.533(1), F.S.
25 Ss. 455.227(1)(k), 489.129(1)(o), and 489.533(1), F.S.
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         local jurisdiction at least $500 but no more than $5,000. A failure to pay the fine will result in a
         suspension of the licensee’s ability to pull building permits.26

         A “material violation” is a violation existing within a completed building, structure, or facility which may
         reasonably result, or has resulted, in physical harm to a person or significant damage to the
         performance of a building or its systems.27

         Professional Engineers

         The practice of engineering is regulated by ch. 471, F.S., and by the Florida Board of Professional
         Engineers (FBPE). DBPR contracts with the Florida Engineers Management Corporation to provide the
         administrative, investigative, and prosecutorial services for FBPE. 28

         Architects

         Chapter 481, Part I, F.S., governs the licensing and regulation of architects and related business
         organizations. The Board of Architecture and Interior Design (Board) housed within DBPR. The Board
         processes licenses and responds to consumer complaints and inquiries by monitoring activities and
         compliance within the architecture and interior design industries.

         Effect of the Bill

         The bill revises the statute of limitations for actions founded on the design, planning, or construction of
         an improvement to real property, which are subject to a four-year statute of limitations. The bill provides
         that the four-year time period of the statute of limitations begins to run from 45 days after the date of:

                   Completion of the improvement (as defined in the bill); or
                   Abandonment of the improvement if the improvement is not completed.

         The bill provides that if an action involves a latent defect the action must be commenced within seven
         years after 45 days of the completion of the improvement or abandonment of the improvement if the
         improvement is not completed. The bill repeals the provision that allowed the time to begin on date the
         defect was discovered or should have reasonably been discovered with due diligence.

         The bill also provides that if an action alleges a material violation and the person alleging the material
         violation can show by clear and convincing evidence29 that the engineer, architect, or contractor or
         his or her employer had actual knowledge of the material violation at the time of construction, the
         action must be commenced within 15 years after 45 days of the completion of the improvement or
         abandonment of the improvement if the improvement is not completed.

         The bill repeals the 10-year statute of repose for an action founded on the design, planning, or
         construction of an improvement to real property.




26 S. 553.781,   F.S.
27 Id.
28 S. 471.038(3),   F.S.
29 Clear and convincing  is “an intermediate standard of proof between the ‘preponderance of the evidence’ standard used
in most civil cases, and the ‘beyond a reasonable doubt standard’ of criminal cases, requiring the evidence “[to] be of such
weight that it produces in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of t he
allegations sought to be established. Reid v. Estate of Sonder, 63 So.3d 7, 10 (Fla. 3rd DCA 2011).
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       The bill provides definitions for the following terms:

              “Completion of the improvement” means the issuance of the certificate of occupancy or
               certificate of completion for the improvement, or closing of the building permit for the
               improvement if the improvement is not required to have a certificate of occupancy or certificate
               of completion.
              “Material violation” means a violation of the Building Code that exists within a completed
               building, structure, or facility which may reasonably result, or has resulted, in death or personal
               injury to a person or significant damage to the building, structure, facility, its systems or to the
               performance of a building, structure, facility, or its system.
              “Performance” means that the building, structure, facility or system functions as it is intended
               and is able to be used for its designed purpose.
              “Significant damage” means a level of adverse impact to a building, structure, facility, or its
               system that results or could reasonably result in economic damage or loss that exceeds the
               common expectations, and the cost of restoring the damage or preventing such damage to the
               building, structure, facility, or its system would equal or exceed 25 percent of the market value
               of the building, structure, facility, or its system if built in accordance with the Building Code.
                    o It does not include Building Code violations that are cosmetic, minimal, or
                        inconsequential to the overall performance of a building, structure, facility, or its
                        systems.

       The bill’s provisions apply to any action commenced on or after July 1, 2022, regardless of when the
       cause of action accrued. Any action that would not have been barred prior to the bill’s enactment may
       be commenced before July 1, 2023. However, such action is barred if the action is not commenced by
       July 1, 2023, and the action is barred by the bill’s provisions.

   B. SECTION DIRECTORY:
       Section 1.     Amends s. 95.11, F.S., relating to limitations other than for the recovery of real property.

       Section 2.     Providing applicability.

       Section 3.     Providing an effective date of July 1, 2022.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:


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        Unknown. It is unclear what the economic impact will be from revising the statute of limitations for
        actions founded on the design, planning, or construction of an improvement to real property. While
        some consumers may not be able to bring a claim based on the shortening of some time periods, other
        consumers under different circumstances may be able to bring a claim based on the changes made to
        the bill.

    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:
           Although the right to commence an action is a valid and protected property interest, 30 a plaintiff has
           no vested right in a statute of repose in effect when his or her cause of action accrues. 31 Thus, the
           time allowed for a suit may be either initially imposed or reduced by legislation enacted after the
           cause of action arose, provided the litigant still has a reasonable time left in which to enforce his or
           her right.32 The amendment to s. 95.11(3)(c), F.S., made in this bill may reduce the time allowed for
           a suit after the cause of action arose, but the bill appears to give a litigant reasonable time to enforce
           his or her right before being completely barred.

    B. RULE-MAKING AUTHORITY:
        None.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




30 See Polk Cty. BOCC v. Special Disability Trust Fund, 791 So. 2d 581, 583 (Fla. 1st DCA 2001).
31 Lamb By and Through Donaldson       v. Volk swagenwerk Ak tiengesellschaft , 631 F. Supp. 1144 (S.D. Fla. 1986), judgment
aff'd, 835 F.2d 1369 (11th Cir. 1988).
32Bauld v. J.A. Jones Const. Co., 357 So. 2d 401, 403 (Fla. 1978), quoting Hart v. Bostick , 14 Fla. 162, 181 (1872); Walter

Denson & Son v. Nelson, 88 So. 2d 120 (Fla. 1956).
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           PCS for HB 583                                                                                       2022




    1                                          A bill to be entitled
    2              An act relating to limitations of actions other than
    3              for the recovery of real property; amending s. 95.11,
    4              F.S.; revising the period to bring actions for certain
    5              improvements to real property; providing exceptions;
    6              providing definitions; providing applicability;
    7              providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                 Section 1.          Paragraph (c) of subsection (3) of section
12         95.11, Florida Statutes, is amended to read:
13                 95.11         Limitations other than for the recovery of real
14         property.—Actions other than for recovery of real property shall
15         be commenced as follows:
16                 (3)          WITHIN FOUR YEARS.—
17                 (c)          An action founded on the design, planning, or
18         construction of an improvement to real property:, with
19                 1.       the time running from the date of actual possession by
20         the owner, 45 days after the date of completion of the
21         improvement the issuance of a certificate of occupancy, or the
22         date of abandonment of construction if the improvement is not
23         completed, except: , or the date of completion of the contract
24         or termination of the contract between the professional
25         engineer, registered architect, or licensed contractor and his

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        PCS for HB 583                                                                                       2022




26      or her employer, whichever date is latest; except that, when the
27      action involves a latent defect, the time runs from the time the
28      defect is discovered or should have been discovered with the
29      exercise of due diligence. In any event, the action must be
30      commenced within 10 years after the date of actual possession by
31      the owner, the date of the issuance of a certificate of
32      occupancy, the date of abandonment of construction if not
33      completed, or the date of completion of the contract or
34      termination of the contract between the professional engineer,
35      registered architect, or licensed contractor and his or her
36      employer, whichever date is latest.
37              a.       If the action involves a latent defect, the action
38      must be commenced within 7 years, and the time begins to run 45
39      days after the completion of the improvement or the date of
40      abandonment of construction if the improvement is not completed.
41              b.       If the action alleges a material violation and the
42      person alleging the material violation can show by clear and
43      convincing evidence that the engineer, architect, or contractor
44      or his or her employer had actual knowledge of the material
45      violation at the time of the design, planning, or construction
46      of the improvement, the action must be commenced within 15
47      years, and the time begins to run 45 days after the completion
48      of the improvement or the date of abandonment of construction ,
49      if the improvement is not completed.
50              2. However, counterclaims, cross-claims, and third-party

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        PCS for HB 583                                                                                       2022




51      claims that arise out of the conduct, transaction, or occurrence
52      set out or attempted to be set out in a pleading may be
53      commenced up to 1 year after the pleading to which such claims
54      relate is served, even if such claims would otherwise be time
55      barred.
56              3.       As used in this paragraph:
57              a.       “Completion of an improvement” means issuance of the
58      certificate of occupancy or certificate of completion for the
59      improvement, or closing of the building permit for the
60      improvement, as defined in s. 553.79(17)(a), if the improvement
61      is not required to have a certificate of occupancy or
62      certificate of completion.
63              b.       “Material violation” means a violation of the Florida
64      Building Code that exists within a completed building,
65      structure, or facility which may reasonably result, or has
66      resulted, in death or personal injury to a person or significant
67      damage to the building, structure, facility, or its system, or
68      the performance of a building, structure, facility, or its
69      system.
70              c.       “Performance” means that the building, structure,
71      facility or system functions as it is intended and is able to be
72      used for its designed purpose.
73              d.       “Significant damage” means a level of adverse impact
74      to a building, structure, facility, or its system that results
75      or could reasonably result in economic damage or loss that

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         PCS for HB 583                                                                                       2022




 76      exceeds the common expectations, and the cost of restoring the
 77      damage or preventing such damage to the building, structure,
 78      facility, or its system would equal or exceed 25 percent of the
 79      market value of the building, structure, facility, or its system
 80      if built in accordance with the Florida Building Code. It does
 81      not include Florida Building Code violations that are cosmetic,
 82      minimal, or inconsequential to the overall performance of a
 83      building, structure, facility, or its systems. With respect to
 84      actions founded on the design, planning, or construction of an
 85      improvement to real property, if such construction is performed
 86      pursuant to a duly issued building permit and if a local
 87      enforcement agency, state enforcement agency, or special
 88      inspector, as those terms are defined in s. 553.71, has issued a
 89      final certificate of occupancy or certificate of completion,
 90      then as to the construction which is within the scope of such
 91      building permit and certificate, the correction of defects to
 92      completed work or repair of completed work, whether performed
 93      under warranty or otherwise, does not extend the period of time
 94      within which an action must be commenced. Completion of the
 95      contract means the later of the date of final performance of all
 96      the contracted services or the date that final payment for such
 97      services becomes due without regard to the date final payment is
 98      made.
 99              Section 2. The amendments to s. 95.11(3)(c), Florida
100      Statutes, made by this act shall apply to any action commenced

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         PCS for HB 583                                                                                       2022




101      on or after July 1, 2022, regardless of when the cause of action
102      accrued, except that any action that would not have been barred
103      under s. 95.11(3)(c), Florida Statutes, prior to the amendments
104      made by this act may be commenced before July 1, 2023, and if it
105      is not commenced by that date and is barred by the amendments to
106      s. 95.11(3)(c), Florida Statutes, made by this act, it shall be
107      barred.
108              Section 3.         This act shall take effect July 1, 2022.




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PCS for HB 1259
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 1259 Criminal Records
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Regulatory Reform Subcommittee                                         Wright             Anstead


                                              SUMMARY ANALYSIS
A criminal history record includes any nonjudicial record maintained by a criminal justice agency that contains
criminal history information. Such information may be collected by criminal justice agencies related to
identifiable descriptions of individuals and notations of arrests, detentions, indictments, informations, other
formal criminal charges, and criminal dispositions. A court may order a criminal history record sealed,
rendering it confidential and exempt from Florida’s public records laws.

To obtain a court sealing, a person must first apply to the Department of Law Enforcement (FDLE) for a
certificate of eligibility, which FDLE must issue to a person who, among other statutory qualifiers, is not seeking
to seal a criminal history record relating to a violation of certain enumerated offenses, and has never secured a
prior sealing or expunction.

Upon receiving a certificate of eligibility from FDLE, a person must petition the court to seal the record. It is
solely within the court’s discretion to grant or deny a petition to seal.

In 2019, an additional process for sealing of criminal records was adopted, providing for the automatic sealing
of records by FDLE. A criminal history record that does not relate to a forcible felony or an offense which
requires the offender to register as a sexual offender, must be automatically sealed by FDLE when:
     Charges were not filed;
     Charges were dismissed, unless the dismissal was due to incompetency to proceed; or
     The defendant was acquitted, by either a verdict of not guilty or a judgment of acquittal.

Unlike the court-ordered sealing process, there no limit on the number of criminal records a person may seal
by the automatic sealing process by FDLE.

Currently, a criminal justice agency or a court is not required to seal its records as a result of automatic sealing
by FDLE. Thus, prosecutors, law enforcement, and judges retain access to certain records automatically
sealed by FDLE.

The PCS provides that a person is eligible to petition a court to seal a criminal history record when the criminal
history record was automatically sealed by FDLE, and the subject of the sealed record presents proof of the
sealing by FDLE to the court.

The PCS allows the court to grant the sealing of a criminal history record that was automatically sealed by
FDLE at any time and without limitation based on any prior sealing of a subject’s criminal records.

The PCS requires FDLE to issue a certificate of eligibility for sealing upon request to a person who is the
subject of a criminal history record automatically sealed by FDLE.

The bill may have an indeterminate fiscal impact on state and local governments.

The PCS 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: pcs1259.RRS
DATE: 2/5/2022
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Sealing of Criminal History Records

        A criminal history record includes any nonjudicial record maintained by a criminal justice agency 1 that
        contains criminal history information.2 Criminal history information is information collected by criminal
        justice agencies consisting of identifiable descriptions of individuals and notations of arrests,
        detentions, indictments, informations, other formal criminal charges, and criminal dispositions. 3

                Sealing

        A court may order a criminal history record sealed,4 rendering it confidential and exempt from Florida’s
        public records laws.5 Only the following may access a sealed criminal history record:
            The subject of the record;
            His or her attorney;
            Criminal justice agencies for criminal justice purposes;
            Judges in the state courts system for assisting in their case-related decision-making
                responsibilities; and
            Certain enumerated entities 6 for licensing, access authorization, and employment purposes. 7

        Upon sealing of a criminal history record, the subject of the record may lawfully deny or fail to
        acknowledge the arrests covered by the sealed record, with exceptions for certain state employment
        positions, professional licensing purposes, purchasing a firearm, applying for a concealed weapons
        permit, seeking expunction, or if the subject is a defendant in a criminal prosecution.8

        A criminal history record is not eligible for court-ordered sealing if it relates to:
            Sexual misconduct;9
            Illegal use of explosives;10
            Terrorism;11
            Murder;12
            Manslaughter or homicide;13


1 Criminal justice agencies include the court, the Department    of Law Enforcement (FDLE), the Department of Juvenile
Justice (DJJ), components of the Department of Children and Families (DCF), and other governmental agencies that
administrate criminal justice. S. 943.045(11), F.S.
2 S. 943.045(6), F.S.
3 S. 943.045(5), F.S.
4 S. 943.059, F.S.
5 Ss. 943.059(4) and 119.07(1), F.S.; Art. I, s. 24(a), Fla. Const.
6 Enumerated entities include criminal justice agencies, The Florida Bar, the Department of Children and Families, the

Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the
Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, the Department of
Juvenile Justice, the Department of Education, a district school board, a university laboratory school, a charter school, a
private or parochial school, a local governmental entity that licenses child care facilities, the Division of Insurance Agent
and Agency Services within the Department of Financial Services, and the Bureau of License Issuance of the Division of
Licensing within the Department of Agriculture and Consumer Services.
7 S. 943.059(4)(a), F.S.
8 Id.
9 Ss. 393.135, 394.4593, and 916.1075, F.S.
10 Ch. 552, F.S.
11 S. 775.30, F.S.
12 Ss. 782.04, 782.065, and 782.09, F.S.
13 Ss. 782.07, 782.071, and 782.072, F.S.
STORAGE NAME: pcs1259.RRS                                                                                              PAGE: 2
DATE: 2/5/2022
                  Assault14 or battery15 of one family or household member by another family or household
                   member;16
                  Aggravated assault;17
                  Felony battery, domestic battery by strangulation, or aggravated battery;18
                  Stalking or aggravated stalking;19
                  Luring or enticing a child;20
                  Human trafficking;21
                  Kidnapping or false imprisonment;22
                  Sexual battery, unlawful sexual activity with a minor, or female genital mutilation; 23
                  Procuring a person under the age of 18 for prostitution;24
                  Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of
                   age;25
                  Arson;26
                  Burglary of a dwelling;27
                  Voyeurism or video voyeurism;28
                  Robbery or robbery by sudden snatching;29
                  Carjacking;30
                  Home invasion robbery;31
                  A violation of the Florida Communications Fraud Act; 32
                  Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or
                   disabled adult;33
                  Lewd or lascivious offenses committed upon or in the presence of an elderly or disabled
                   person;34
                  Child abuse or aggravated child abuse;35
                  Sexual performance by a child;36
                  Offenses by public officers and employees;37
                  Certain acts in connection with obscenity;38
                  A violation of the Computer Pornography and Child Exploitation Prevention Act; 39
                  Selling or buying of minors;40


14 S. 784.011,   F.S.
15 S. 784.03, F.S.
16 S. 741.28(3), F.S.
17 S. 784.021, F.S.
18 Ss. 784.03, 784.041, and 784.045, F.S.
19 S. 784.048, F.S.
20 S. 787.025, F.S.
21 S. 787.06, F.S.
22 Ss. 787.01 and 787.02, F.S.
23 Ch. 794, F.S.
24 S. 796.03, F.S. (2013) (repealed by ch. 2014-160, §10, Laws of Fla.).
25 S. 800.04, F.S.
26 S. 806.01, F.S.
27 S. 810.02, F.S.
28 Ss. 810.14 and 810.145, F.S.
29 Ss. 812.13 and 812.131, F.S.
30 S. 812.133, F.S.
31 S. 812.135, F.S.
32 S. 817.034, F.S.
33 S. 825.102, F.S.
34 S. 825.1025, F.S.
35 S. 827.03, F.S.
36 S. 827.071, F.S.
37 Ch. 839, F.S.
38 S. 847.0133, F.S.
39 S. 893.0135, F.S.
40 S. 847.0145, F.S.
STORAGE NAME: pcs1259.RRS                                                                                 PAGE: 3
DATE: 2/5/2022
                   Aircraft piracy;41
                   Manufacturing a controlled substance;42
                   Drug trafficking;43 or
                   Any violation specified as a predicate offense for registration as a sexual predator 44 or sexual
                    offender.45

         To obtain a court-ordered sealing, a person must first apply to the Department of Law Enforcement
         (FDLE) for a certificate of eligibility, which FDLE must issue to a person who:
             Has submitted a certified copy of the charge disposition he or she seeks to seal;
             Is not seeking to seal a criminal history record relating to a violation of certain enumerated
                offenses;
             Has never, prior to filing the application for a certificate of eligibility, been either:
                    o Adjudicated guilty of any criminal offense or comparable ordinance violation; or
                    o Adjudicated delinquent of certain enumerated crimes as a juvenile.
             Has not been adjudicated guilty or delinquent for committing any of the acts stemming from the
                arrest or alleged criminal activity to which the petition to seal pertains;
             Has never secured a prior sealing or expunction; and
             Is no longer under court supervision related to the disposition of the arrest or alleged criminal
                activity to which the petition to seal pertains.46

         Upon receiving a certificate of eligibility from FDLE, a person must petition the court to seal the
         record.47 A complete petition contains both a valid certificate of eligibility, issued within the previous 12
         months, and a sworn statement from the petitioner attesting to his or her eligibility. 48 It is solely within
         the court’s discretion to grant or deny a petition to seal.49

                    Automatic Sealing by FDLE

         In 2019, an additional process for sealing of criminal records was adopted by the Florida Legislature. It
         provides for the automatic sealing of certain criminal history records by FDLE.

         FDLE must automatically seal a criminal history record if the record does not result from an indictment,
         information, or other charging document for a forcible felony50 or for an offense which requires the
         offender to register as a sexual offender51 when:52
              Charges were not filed;
              Charges were dismissed, unless the dismissal was due to incompetency to proceed; 53 or
              The defendant was acquitted, by either a verdict of not guilty or a judgment of acquittal.

41 S. 860.16, F.S.
42 Ch. 893, F.S.
43 S. 893.135,   F.S.
44 S. 775.21, F.S.
45 S. 943.0535,    F.S.
46 S. 943.059(2),   F.S.
47 Id.
48 S. 943.059(1),  F.S.
49 S. 943.059,  F.S.
50 Forcible felonies include treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery;

burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful
throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of
physical force or violence against any individual. S. 776.08, F.S.
51 Conviction for an offense enumerated in s. 943.0435(1)(h)1.a.(I), F.S., requires the offender to register as a sexual

offender.
52 S. 943.0595(2)(a), F.S.
53 A defendant is incompetent to proceed when he or she is unable to consult with counsel with a reasonable degree of

rational understanding or does not have a rational and factual understanding of the pending proceedings. Fla. R. Crim. P.
3.211; Dusk y v. United States, 362 U.S. 402 (1960). Section 916.145, F.S., requires a court to dismiss the charges
against a defendant who has been adjudicated incompetent to proceed due to mental illness under certain circumstances.
Section 985.19, F.S., requires a court to dismiss the delinquency petition of a mi nor under certain circumstances.
STORAGE NAME: pcs1259.RRS                                                                                           PAGE: 4
DATE: 2/5/2022
          Unlike the court-ordered sealing process, automatic sealing is not contingent on the person’s prior
          criminal history. A prior adjudication of guilt does not disqualify an applicant. Additionally, there is no
          limit on the number of sealings a person may receive by this process. 54

          However, if the criminal history record is an indictment, information, or other charging document for a
          forcible felony or a sexual offender offense, the record is not eligible for automatic sealing.55

          Currently, a criminal justice agency or a court is not required to seal its records as a result of automatic
          sealing.56 Thus, certain government agencies, prosecutors, law enforcement, and judges retain access
          to a record automatically sealed by FDLE.57

          Separation of Powers

          Article II, section 3 of the Florida Constitution, known as the “separation of powers doctrine,” provides
          that “no person belonging to one branch shall exercise any powers appertaining to either of the other
          branches unless expressly provided [in the constitution].” The Florida Constitution vests legislative
          power in the legislative branch, executive power in the executive branch, and judicial power in the
          judicial branch.58

          Generally, the legislature has the power to enact substantive law for which courts are established to
          administer, while the Florida judiciary has the power to enact procedural law.59 Substantive law is that
          which defines, creates, or regulates rights, which may be enforced by the judiciary.60 In contrast,
          procedural law is the form, manner, or means by which substantive law is implemented, including all
          rules governing the parties, their counsel and the court throughout the progress of the case from the
          time of its initiation until final judgment and its execution; it may be described as the “machinery of the
          judicial process as opposed to the product thereof.” 61 However, the legislature can repeal rules of court
          by general law enacted by a two-thirds vote of the members of each house, but the legislature may not
          amend or supersede such rules.62

          Effect of the PCS

          The PCS provides that a person is eligible to petition a court to seal a criminal history record when the
          criminal history record was automatically sealed by FDLE, and the subject of the sealed record
          presents proof of the sealing by FDLE to the court.

          The PCS allows the court to grant the sealing of a criminal history record that was automatically sealed
          by FDLE at any time and without limitation based on any prior sealing by FDLE of a subject’s criminal
          records.

          The PCS requires FDLE to issue a certificate of eligibility for sealing upon request to a person who is
          the subject of a criminal history record automatically sealed by FDLE.

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

     B. SECTION DIRECTORY:

          Section 1:          Amends s. 943.059, F.S.; relating to when a court may seal a record.

54 S. 943.0595(2)(b), F.S.
55 S. 943.0595(2)(a), F.S.
56 S. 943.0595(3)(b), F.S.
57 S. 943.0595(3)(c), F.S.
58 Art. III, IV, and V, Fla. Const.
59 Art. III and V, Fla. Const.; DeLisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018).
60 DeLisle, 259 So. 3d at 1224.
61 Id. at 1224; In re Florida Rules of Criminal Procedure, 272 So. 2d 65 (Fla. 1972).
62 In re Clarification of Fla. Rules of Practice and Procedure, 281 So. 2d 204 (Fla. 1973).

STORAGE NAME: pcs1259.RRS                                                                                         PAGE: 5
DATE: 2/5/2022
         Section 2:         Provides an effective date.


                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
                 FDLE provided the following estimate based on a similar Senate bill: 63

                 Requiring FDLE to issue a certificate of eligibility would result in an application process. Assuming
                 FDLE adopts the same application rules as outlined for relief under court-ordered sealing laws,
                 there would be a processing fee of $75 per application. Based on 24,015 estimated new
                 applications for processing, FDLE would collect approximately $1.8 million in new fees. If there is
                 no application fee applied, there no revenue would be generated.

         2. Expenditures:
                 FDLE provided the following estimate based on a similar Senate bill:64

                 FDLE estimated that it will need 60 additional full time employees (FTEs) totaling $4,142,020
                 ($3,869,260 recurring) and approximately $147,000 to modify existing IT systems necessary to
                 implement the changes related to a similar Senate bill.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
                 None

         2. Expenditures:
                 There may be an increase in requests to courts for sealing of records, and therefore an increase in
                 workload.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
          None.

    D. FISCAL COMMENTS:
          None.

                                                      III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

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

         2. Other:
             None.

    B. RULE-MAKING AUTHORITY:
          None.

63 Florida Department     of Law Enforcement, Agency Analysis of 2022 Senate Bill 1302, p. 3 (Jan. 13, 2022).
64 Id. at 3-5.
STORAGE NAME: pcs1259.RRS                                                                                        PAGE: 6
DATE: 2/5/2022
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs1259.RRS                                                 PAGE: 7
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           PCS for HB 1259                                                                                      2022




    1                                         A bill to be entitled
    2              An act relating to criminal records; amending s.
    3              943.059, F.S.; providing that a court may grant the
    4              sealing of a criminal record based on the sealing of a
    5              criminal record sealed by the Department of Law
    6              Enforcement under certain circumstances; requiring the
    7              Department of Law Enforcement to provide a certificate
    8              of eligibility under certain circumstances; providing
    9              an effective date.
10
11         Be It Enacted by the Legislature of the State of Florida:
12
13                 Section 1.         Paragraph (f) is added to subsection (1) of
14         section 943.059, Florida Statutes, to read:
15                 943.059        Court-ordered sealing of criminal history
16         records.—
17                 (1)         ELIGIBILITY.—A person is eligible to petition a court
18         to seal a criminal history record when:
19                 (f)         The criminal history record was automatically sealed
20         pursuant to s. 943.0595 and the subject of the sealed record
21         presents proof of the sealing by the department to the court.
22         The court may grant the sealing of a criminal history record
23         that was sealed by the department pursuant to s. 943.0595 at any
24         time and without limitation based on any prior sealing of a
25         subject’s criminal records. The department shall issue a

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              PCS for HB 1259
        CODING: Words stricken are deletions; words underlined are additions.
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        PCS for HB 1259                                                                                      2022




26      certificate of eligibility for sealing upon request to a person
27      who is the subject of a criminal history record sealed by the
28      department pursuant to s. 943.0595.
29               Section 2.        This act shall take effect July 1, 2022.




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            PCS for HB 1259
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