Regulatory Reform & Economic Development Subcommittee — Meeting Packet, March 9, 2023
- Issuer
- Congressional materials
- Document type
- 2023 03 09 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs
- Date
- 2023-03-09
Summary
The meeting packet of the Florida House of Representatives Commerce Committee's Regulatory Reform & Economic Development Subcommittee, chaired by Tyler Sirois, for its meeting on Thursday, March 9, 2023. The agenda lists twelve bills for consideration, among them HB 27 Judgment Liens, HB 591 Social Media Protection for Minors, HB 761 Telephone Solicitation and HB 869 Department of Business and Professional Regulation Licensing. The packet opens with the House staff analysis of HB 27, which creates the Judgment Lien Improvement Act to let judgment liens attach to payment intangibles and accounts and to be noted on motor vehicle and vessel title certificates, with an effective date of July 1, 2023. It closes with Amendment No. 1 to HB 869, offered by Representative McFarland, which amends s. 565.04, F.S. to allow package stores to sell nicotine products.
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“Regulatory Reform & Economic Development Subcommittee — Meeting Packet, March 9, 2023.”
Original at www.flhouse.gov, dated 2023-03-09. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-09-2023-03-09-3236-regulatory-reform-economic-development-subcommittee-meeting-packets-fn-rrs-3-9-23/
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Regulatory Reform & Economic
Development Subcommittee
Thursday, March 9, 2023
2:00 pm – 5:00 pm
Webster Hall (212 Knott)
Meeting Packet
Paul Renner Tyler Sirois
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform & Economic Development Subcommittee
Paul Renner Tyler Sirois
Speaker Chair
Meeting Agenda
Thursday, March 9, 2023
2:00 pm – 5:00 pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 27 Judgment Liens by Benjamin
• HB 89 Building Construction by Maggard
• HB 221 Sales of Firearms and Ammunition by Snyder
• HB 233 Family and Household Members of Homicide Victims and Deceased
Minors by Michael
• CS/HB 331 Liens and Bonds by Civil Justice Subcommittee, Overdorf
• HB 591 Social Media Protection for Minors by Rayner-Goolsby
• HB 719 Practice of Veterinary Medicine by Killebrew
• HB 761 Telephone Solicitation by Fabricio
• HB 789 Pub. Rec./Employment Accommodations for Family or Household
Members of Homicide Victims by Michael
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
• HB 807 License or Permit to Operate Vehicle for Hire by Borrero
• HB 861 Residential Real Estate Listing Agreements by Robinson, W.
• HB 869 Department of Business and Professional Regulation Licensing by
McClain
V. Closing Remarks
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 27
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 27 Judgment Liens
SPONSOR(S): Civil Justice Subcommittee, Benjamin
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 18 Y, 0 N Mawn Jones
2) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
When a plaintiff in a civil lawsuit obtains a monetary judgment in its favor (“judgment creditor”), either the
defendant (“judgment debtor”) will pay the judgment creditor the money owed or the judgment creditor may
seek to satisfy the judgment from the judgment debtor’s property which is not exempt from a creditor’s reach.
To assist in judgment satisfaction, Florida law authorizes a judgment creditor to obtain a lien on the judgment
debtor’s non-exempt real and tangible personal property. Such a lien is secured by filing a judgment lien
certificate with the Department of State (“DOS”) or, for real property, by recording the lien in the county where
the property lies.
Once a lien is secured, a judgment creditor has numerous judicial remedies available to enforce the lien,
including a writ of execution and a proceeding supplementary to execution. However, Florida law provides that
a judgment lien on a motor vehicle or vessel, though enforceable against the judgment debtor, is not
enforceable against subsequent purchasers for value unless the vehicle’s or vessel’s title certificate notes the
lien. Further, current law does not:
Allow a judgment lien to attach to intangible personal property; or
Expressly prohibit a judgment creditor from using self-help methods to satisfy a judgment lien.
HB 27 creates the Judgment Lien Improvement Act to:
Provide two statutory mechanisms by which a judgment creditor may cause a judgment lien to be noted
on the title certificate of a judgment debtor’s motor vehicle or vessel, thereby ensuring that a
subsequent purchaser of the vehicle or vessel takes title to such property subject to the lien.
Clarify how the Department of Highway Safety and Motor Vehicles may remove a judgment lien from its
records and relevant title certificates where the lienholder files a second judgment lien certificate with
the DOS.
Allow a judgment lien to attach to certain types of intangible personal property (specifically payment
intangibles and accounts and the proceeds thereof) and specify the priority of such liens as against pre-
existing security agreements in which such property was pledged as collateral to secure the loan.
Expressly state that a judgment lien on personal property may only be enforced through judicial
process absent the judgment debtor’s express written consent to do otherwise.
Clarify that a third party owing money to a judgment debtor under a payment intangible or account may
continue to pay the judgment debtor directly until he or she receives specified orders to pay the
judgment creditor instead.
The bill does not appear to have a fiscal impact on state or local government.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Judgment Lien Creation and Enforcement
When a plaintiff in a civil lawsuit obtains a monetary judgment in its favor (“judgment creditor”), either
the defendant (“judgment debtor”) will pay the judgment creditor the money owed or the judgment
creditor may seek to satisfy the judgment from the judgment debtor’s property which is not exempt from
the reach of creditors.1 To assist in judgment satisfaction, Florida law authorizes a judgment creditor to
obtain a lien2 on the judgment debtor’s non-exempt:3
Real property, secured by recording a certified copy of the judgment in the county in which the
real property is located.4
Tangible personal property,5 secured by recording a judgment lien certificate with the Florida
Department of State (“DOS”).6
The main benefit of a judgment lien is that the judgment debtor can no longer easily sell the liened
property because any purchaser would, generally speaking, acquire the property subject to the lien. In
other words, a purchaser would assume the obligation to satisfy the lien, making the property
unappealing to buy, or else face the possibility that the judgment lienholder may foreclose on the lien.
Additionally, a judgment creditor seeking to enforce a judgment lien on personal property has several
judicial remedies, including an order, known as a writ of execution, issued by the clerk of the circuit
court directing the sheriff to take into possession a judgment debtor’s non-exempt property to satisfy
the lien.7
Further, where the clerk has issued a writ of execution but the judgment remains unsatisfied, a
judgment creditor may bring a proceeding supplementary to execution in which the court may summon
the judgment debtor and any involved third parties to be questioned about property that may be the
subject of the writ and issue an order that the sheriff seize such property.8 A proceeding supplementary
to execution is a continuation of the original lawsuit that resulted in the judgment and, thus, a judgment
creditor is not required to file a separate action to initiate the proceeding.9
1 S. 55.141, F.S.
2
A lien is a claim against property that evidences a debt, obligation, or duty. Fla. Jur. 2d Liens § 37:1.
3 A judgment debtor that is an individual may choose to exempt one motor vehicle worth $1,000 or less and, if the debtor does n ot claim
or receive a homestead exemption, additional personal property items with an aggregate worth of $4,000 or less. Corporations and
other business entities are not entitled to exemptions. Ss. 55.201 -55.209 and 222.25(1) and (4), F.S.; Art. X, s. 4, Fla. Const.; S.
55.10(1), F.S.
4 Recording the certified copy of the judgment establishes the lien’s priority; in other words, the recording of the judgment g enerally
guarantees that the lienholder will be paid before lienholders with later-recorded liens on the same property. However, homestead
property is exempt from the reach of creditors. S. 55.10(1), F.S.; Art. X, s. 4, Fla. Const.; S. 55.10(1), F.S.
5 “Tangible personal property” is property which is capable of being taken into possession by the sheriff. Examples include mo tor
vehicles, vessels, mobile homes, furniture, jewelry, stocks, and artwork. S. 56.061, F.S.
6 The judgment lien certificate establishes the lien’s priority; in other words, the filing of a judgment lien certificate gene rally guarantees
that the lienholder will be paid before lienholders with later-perfected liens on the judgment debtor’s tangible personal property.
7 Other judicial remedies include attachment under ch. 76, F.S; garnishment under ch. 77, F.S.; and a charging order under ss.
605.0503, 620.1703, or 620.8504, F.S. Legal Information Institute, Writ of Execution, https://www.law.cornell.edu/wex/writ_of_execution
(last visited Feb. 24, 2023).
8 Judicial process is important for lien satisfaction as it gives the judgment debtor an opportunity to go before the court and argue that
specific property the judgment creditor is trying to obtain is exempt from seizure and should not be taken to satisfy the lie n. S. 56.29,
F.S.
9 Id.
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Judgment Liens on Motor Vehicles and Vessels
Florida law requires that a judgment lien on a motor vehicle or vessel be noted on the vehicle’s or
vessel’s title certificate but does not specify a mechanism for a judgment creditor to accomplish this
notation. Further, Florida law provides that a judgment lien on such property, though enforceable
against the judgment debtor, is not enforceable against subsequent purchasers for value unless noted
on the title certificate.10 Thus, where a judgment creditor obtains a lien on a motor vehicle or vessel and
the lien is not noted on the title certificate, the judgment debtor may sell the subject property free of the
lien. The only remedy currently available to a judgment creditor is to petition the court to order the
Department of Highway Safety and Motor Vehicles (“DHSMV”) to note the lien on the tile certificate;
however, this process is not spelled out in statute and confusion exists as to whether the judgment
creditor needs to institute a separate action to obtain such an order or merely initiate a proceeding
supplementary to execution.
Further, a motor vehicle or vessel owner may apply to the DHSMV to have a lien removed from the
motor vehicle or vessel’s title certificate and from DHSMV records if certain statutory notice
requirements are met and the lien has been filed with the DHSMV or noted on the title certificate for at
least five years.11 The lienholder then has ten days to file with the DHSMV a written statement that the
lien is outstanding, in which case the DHSMV may not remove the lien until the lienholder proves to the
DHSMV that the lien has been satisfied.12 However, Florida law does not currently address what should
happen to a lien notation if the lienholder files a second judgment lien certificate with DOS, thereby
extending the lien’s duration.
Judgment Liens on Intangible Personal Property
Current law does not allow a judgment lien to attach to intangible personal property, including royalty
rights and the right to receive rents or payments for the sale of goods or services.13 Thus, a judgment
debtor’s intangible personal property remains outside the reach of a judgment creditor even though the
value of such property may be significant and sufficient to satisfy the judgment lien.
Accounts and Payment Intangibles Under the UCC
The Uniform Commercial Code (“UCC”), adopted in all fifty states, is a set of laws governing and
providing uniformity in commercial transactions.14 Florida’s UCC provisions are codified in chapters
670-680 of the Florida Statutes.
Article 9 of the UCC (codified in ch. 679, F.S.) governs secured transactions, meaning transactions
involving the granting of credit under a security agreement in exchange for the borrower’s pledge of
personal property (“collateral”) which the creditor may take possession of if the debtor defaults on the
loan.15 In addition to tangible personal property, collateral recognized by the UCC includes:
Accounts, meaning a right to payment of a monetary obligation:
o For property that has been or is to be sold, leased, licensed, assigned, or otherwise
disposed of;
o For services rendered or to be rendered;
o For a policy of insurance issued or to be issued;
o For a secondary obligation incurred or to be incurred;
o For energy provided or to be provided;
10 “Title certificate” means the record that is evidence of ownership of a vehicle, whether a paper certificate authorized by th e
Department of Highway Safety and Motor Vehicles or a certificate consisting of information that is stored in an electronic fo rm in the
department’s database. Ss. 319.001(1) and 319.27(2), F.S.
11 S. 319.241, F.S.
12 Id.
13 S. 56.061, F.S.
14 Chs. 670-680, F.S.; Uniform Law Commission, Uniform Commercial Code, https://www.uniformlaws.org/acts/ucc (last visited Feb. 24,
2023).
15 For example, a mortgage loan is typically a secured transaction wherein the home is pledged as collateral for the loan; in ot her
words, if the borrower defaults on his or her mortgage payments, the mortgage com pany may (through appropriate legal process) taken
possession and ownership of the purchased home. Id.
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o For the use or hire of a vessel under a charter or other contract;
o Arising out of the use of a credit or charge card; or
o As winnings in a lottery or other game of chance operated or sponsored by a state or its
governmental unit.16
Payment intangibles, meaning general intangibles 17 under which the account debtor’s 18
principal obligation is a monetary obligation.19
Accounts and payment intangibles are forms of intangible personal property to which a judgment lien
may not attach under current Florida law; such property may only be pledged as collateral in a secured
transaction. Thus, such property is out of the reach of a judgment creditor.
Effect of Proposed Changes
Judgment Liens on Intangible Personal Property
HB 27 creates the Judgment Lien Improvement Act (“Act”) to allow a judgment lien to attach to
payment intangibles and accounts and the proceeds thereof, thus expanding the types of property a
judgment creditor may reach to satisfy his or her lien. Under the bill, a judgment lien existing before
October 1, 2023, becomes enforceable and perfected as of October 1, 2023, as to the judgment
debtor’s payment intangibles and accounts, but any security interest in or lien on the judgment debtor’s
payment intangibles or accounts which is enforceable and perfected before October 1, 2023, continues
to have the same rights and priority as existed before that date and may not be primed as to payment
intangibles or accounts by a judgment lien certificate filed before October 1, 2023. 20
Further, the bill specifies that a:
Judgment creditor’s rights are subject to the rights of a secured creditor with a prior-filed
security agreement pledging such payment intangibles or accounts as collateral.
Third party owing money to a judgment debtor under a payment intangible or account may
continue to pay such money to the judgment debtor directly until, but not after, the judgment
creditor serves the third party with a complaint or petition seeking judicial relief with respect to
the payment intangibles or accounts. Thereafter, the third party may pay the money owed only
in accordance with the final order or judgment issued in such proceeding.
16 The term includes healthcare receivables but does not include rights to payment evidenced by chattel paper or an instrument;
commercial tort claims; deposit accounts; investment property; letter-of-credit rights or letters of credit; or rights to payment for money
or funds advanced or sold, other than rights arising out of the use of a credit or charge card. S. 9 -102(2), UCC; s. 679.1021(1), F.S.
17 “General intangibles” are any form of intangible personal property, including things in action, other than accounts, chattel pape r,
commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter -of credit rights, letters of credit,
money, and oil, gas, or other minerals before extraction. Examples include partnership interests, various licenses (such as a liquor
license), publication rights, and intellectual property (such as copyrights). S. 9 -102, UCC; s. 679.1021(1)(pp), F.S.
18 “Account debtor” means a person obligated on an account, chattel paper, or general intangible but does not include a person
obligated to pay a negotiable instrument. S. 9-102, UCC; s. 679.1021(1)(c), F.S.
19 S. 9-406, UCC; s. 679.1021(1), F.S.
20 Lien priority determines the order in which creditors are paid. Generally, under the “first in time, first in right rule,” earli er-perfected
liens have priority over later-perfected liens; however, some liens, such as property tax liens, generally take priority over pre-existing
liens. The bill would not change the priority of existing liens; thus, even where a judgment lien could attach to a payment i ntangible or
account on or after October 1, 2023, any existing liens with a higher priority that could also attach to such property would be paid first.
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Judgment Liens on Motor Vehicles and Vessels
The bill clarifies that, if a judgment debtor’s non-exempt personal property includes a motor vehicle or a
vessel for which a Florida title certificate has been issued, and the judgment creditor wants the
judgment lien to be enforceable against subsequent purchasers, the judgment creditor may obtain, in a
proceeding supplementary to execution, a court order instructing the DHSMV to note the lien on the title
certificate. Thus, the judgment creditor would not need to file a separate action to avail himself or
herself of the court-ordered process.
Alternatively, the judgment creditor may, under a new process created by the bill, send a written
request to the DHSMV to have the lien noted on the title certificate, along with a copy of the judgment
lien certificate, after which the DHSMV must add the judgment creditor’s name to its records. A
judgment creditor utilizing this option must also send a written request to the person possessing the title
certificate,21 by certified mail, who must then forward the certificate to the DHSMV for lien notation.
However, under the bill, if the person possessing the title certificate fails to return the certificate to the
DHSMV, the DHSMV must void the existing title certificate and issue a replacement certificate noting
the judgment lien.
Finally, the bill addresses what happens to a lien notation when a lienholder extends the duration of his
or her lien by filing a second judgment lien certificate with DOS. Specifically, the bill states that, where
the owner of a motor vehicle or vessel applies to the DHSMV to have an outstanding lien removed from
the vehicle’s or vessel’s title certificate, the lienholder has ten days to file with the DHSMV a statement
that the lien is outstanding or that a second judgment lien certificate was filed with DOS. Where the
DHSMV receives a statement that a second judgment lien certificate was filed with DOS, the DHSMV
must remove the notation of the first judgment lien and note the second judgment lien on the title
certificate.
Judgment Lien Creation and Enforcement
The bill clarifies that a judgment lien may only be enforced through judicial process absent the
judgment debtor’s express consent in a record authenticated after default.22 In other words, absent
such consent, the judgment creditor may not enforce his or her rights through self-help repossession23
or replevin.24 This gives a judgment debtor the chance to be heard in court and for the court to
determine whether any of the judgment debtor’s property is exempt from the judgment creditor’s reach.
Miscellaneous Provisions
The bill:
Makes conforming changes.
Deletes obsolete language relating to liens created by a writ of execution which has been
delivered to the sheriff before October 1, 2001.
Provides an effective date of July 1, 2023.
21 This person is either the first lienholder (e.g., the bank that loaned money for a motor vehicle’s purchase that is still owe d money on
the loan) or the property’s owner.
22 Judicial process may include attachm ent under ch. 76, F.S., execution under ch. 56, F.S., garnishment under ch. 77, F.S., a charging
order under ss. 605.0503, 320.1703, or 620.8504, F.S., or a proceeding supplementary to execution under s. 56.29, F.S.
23 “Repossession” is an act by a creditor to take possession of a debtor’s property that is pledged as collateral or in which th e creditor
has an interest to satisfy a debt. Legal Information Institute, Repossession, https://www.law.cornell.edu/wex/repossession (last visited
Feb. 24, 2023).
24 “Replevin” is an action seeking the return of personal property that was wrongfully taken or is wrongfully held by another. Florida law
provides a statutory right of replevin that authorizes a plaintiff to bring a replevin action without notice to the defendant in certain
circumstances. See ch. 78, F.S.; Legal Information Institute, Replevin, https://www.law.cornell.edu/wex/replevin (last visited Feb. 24,
2023).
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B. SECTION DIRECTORY:
Section 1: Creates a short title.
Section 2: Amends s. 55.202, F.S., relating to judgments, orders, and decrees; lien on personal
property.
Section 3: Amends s. 55.205, F.S., relating to effect of judgment lien.
Section 4: Amends s. 55.208, F.S., relating to effect of prior liens on payment intangibles and
accounts.
Section 5: Amends s. 55.209, F.S., relating to Department of State; processing fees, responsibilities.
Section 6: Amends s. 56.29, F.S., relating to proceedings supplementary.
Section 7: Amends s. 319.24, F.S., relating to issuance in duplicate; delivery; liens and
encumbrances.
Section 8: Amends s. 319.241, F.S., relating to removal of liens from records.
Section 9: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive economic impact on:
Judgment creditors as it:
o Expands the types of property to which a judgment lien may attach; and
o Creates mechanisms whereby judgment creditors can cause a lien to be noted on a
motor vehicle’s or vessel’s title certificate.
Judgment debtors as it expressly prohibits seizure of their liened property except through
judicial process or the debtor’s consent, reducing the chance that a judgment creditor may
seize a judgment debtor’s exempt personal property through self-help methods.
Third parties owing money to a judgment debtor, as it provides payment direction for such
persons that may limit their liability exposure.
However, the bill may have a negative economic impact on judgment debtors as it exposes more of
their property (that is, non-exempt payment intangibles and accounts) to the reach of judgment
creditors.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
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1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Section 319.17, F.S., vests the DHSMV with the authority to adopt rules under ss.120.536 and 120.54,
F.S., to implement ch. 319, F.S. Additional rulemaking authority is likely unnecessary.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 27 2023
1 A bill to be entitled
2 An act relating to judgment liens; providing a short
3 title; amending s. 55.202, F.S.; specifying that
4 payment intangibles, accounts, and the proceeds
5 thereof are subject to judgment liens; providing
6 construction; amending s. 55.205, F.S.; deleting a
7 provision specifying the priority of certain judgment
8 creditor liens; specifying the validity and
9 enforceability of judgment liens against motor
10 vehicles and vessels; providing a procedure for noting
11 the lien on the certificate of title; specifying
12 restrictions on the enforcement of judgment liens;
13 specifying an account debtor's authority to discharge
14 the account debtor's obligation to pay payment
15 intangibles, accounts, or the proceeds thereof;
16 amending s. 55.208, F.S.; providing construction
17 relating to the effect of liens existing before a
18 specified date on payment intangibles and accounts and
19 the proceeds thereof; deleting an obsolete provision
20 relating to judgment liens on writs of execution
21 previously delivered to a sheriff; amending s. 55.209,
22 F.S.; conforming a cross-reference; amending s. 56.29,
23 F.S.; requiring a court, under certain circumstances,
24 to order the Department of Highway Safety and Motor
25 Vehicles to note certain liens on the certificate of
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 27 2023
26 title of certain motor vehicles or vessels and in the
27 department's records; amending s. 319.24, F.S.;
28 prohibiting the department from issuing a motor
29 vehicle certificate of title under certain
30 circumstances; specifying procedures for a judgment
31 lienholder to place a lien on motor vehicles or
32 vessels; revising requirements for the department if a
33 certificate of title is not forwarded or returned to
34 the department under certain circumstances; revising
35 the authority of certain persons to demand and receive
36 a lien satisfaction; requiring a lienholder to enter a
37 satisfaction in a certificate of title upon
38 satisfaction or lapse of a judgment lien; amending s.
39 319.241, F.S.; revising circumstances under which the
40 department may not remove a lien from the department's
41 records or a certificate of title and specifying a
42 requirement for the department; providing an effective
43 date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. This act may be cited as the "Judgment Lien
48 Improvement Act."
49 Section 2. Subsections (2) and (5) of section 55.202 ,
50 Florida Statutes, are amended to read:
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HB 27 2023
51 55.202 Judgments, orders, and decrees; lien on personal
52 property.—
53 (2) A judgment lien may be acquired on a judgment debtor's
54 interest in all personal property in this state subject to
55 execution under s. 56.061, including payment intangibles and
56 accounts, as those terms are defined in s. 679.1021(1), and the
57 proceeds thereof, but excluding other than fixtures, money,
58 negotiable instruments, and mortgages.
59 (a) For payment intangibles and accounts and the proceeds
60 thereof:
61 1. The rights of a judgment lienholder under this section
62 are subject to the rights under chapter 679 of a secured party,
63 as defined in s. 679.1021(1), who has a prior filed financing
64 statement encumbering such payment intangibles or accounts and
65 the proceeds thereof.
66 2. This section does not affect the obligation under s.
67 679.607(1) of an account debtor, as defined in s. 679.1021(1),
68 except as the rights and obligations under this paragraph are
69 otherwise adjudicated under applicable law in a legal proceeding
70 to which the secured party and account debtor are joined as
71 parties.
72 (b) A judgment lien is acquired by filing a judgment lien
73 certificate in accordance with s. 55.203 with the Department of
74 State after the judgment has become final and if the time to
75 move for rehearing has lapsed, no motion for rehearing is
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HB 27 2023
76 pending, and no stay of the judgment or its enforcement is then
77 in effect. A court may authorize, for cause shown, the filing of
78 a judgment lien certificate before a judgment has bec ome final
79 when the court has authorized the issuance of a writ of
80 execution in the same matter. A judgment lien certificate not
81 filed in compliance with this subsection is permanently void and
82 of no effect.
83 (c)(b) For any lien, warrant, assessment, or judgment
84 collected by the Department of Revenue, a judgment lien may be
85 acquired by filing the judgment lien certificate information or
86 warrant with the Department of State in accordance with
87 subsection (5).
88 (d)(c) Except as provided in s. 55.208, the effective date
89 of a judgment lien is the date, including the time of day, of
90 filing. Although no lien attaches to property, and a creditor
91 does not become a lien creditor as to liens under chapter 679,
92 until the debtor acquires an interest in the property, pri ority
93 among competing judgment liens is determined in order of filing
94 date and time.
95 (e)(d) Except as provided in s. 55.204(3), a judgment
96 creditor may file only one effective judgment lien certificate
97 based upon a particular judgment.
98 (5) Liens, assessments, warrants, or judgments filed
99 pursuant to paragraph (2)(c) (2)(b) may be filed directly into
100 the central database by the Department of Revenue, or its
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101 designee as determined by its executive director, through
102 electronic or information data exchange programs approved by the
103 Department of State. Such filings must contain the information
104 set forth in s. 55.203(1).
105 Section 3. Subsection (1) of section 55.205, Florida
106 Statutes, is amended, and subsections (5), (6), and (7) are
107 added to that section, to read:
108 55.205 Effect of judgment lien.—
109 (1) A judgment creditor who has not acquired a judgment
110 lien as provided in s. 55.202 or whose lien has lapsed may
111 nevertheless proceed against the judgment debtor's property
112 through any appropriate judicial process. Such judgment creditor
113 proceeding by writ of execution acquires a lien as of the time
114 of levy and only on the property levied upon. Except as provided
115 in s. 55.208, such judgment creditor takes subject to the claims
116 and interest of priority judgment creditors.
117 (5)(a) If the judgment debtor's personal property, to the
118 extent not exempt from execution, includes a motor vehicle or a
119 vessel for which a Florida certificate of title has been issued,
120 a judgment lien acquired under this section on such property not
121 yet noted on the certificate of title is valid and enforceable
122 against the judgment debtor. However, such judgment lien is not
123 enforceable against creditors or subsequent purchasers of such
124 property for valuable consideration whose interests have been
125 noted on the certificate of title as provided in s. 319.27.
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126 (b) A judgment lienholder may obtain an order instructing
127 the Department of Highway Safety and Motor Vehicles to note the
128 lien on the certificate of title through a court of competent
129 jurisdiction conducting proceedings supplementary to execution
130 under s. 56.29(6)(b).
131 (6) A judgment lien acquired under s. 55.202 may be
132 enforced only through judicial process, including attachment
133 under chapter 76; execution under chapter 56; garnishment under
134 chapter 77; a charging order under s. 605.0503, s. 620.1703, or
135 s. 620.8504; or proceedings supplementary to execution under s.
136 56.29. A holder of a judgment lien acquired under this chapter
137 may not enforce his or her rights under this section through
138 self-help repossession or replevin without the express consent
139 of the judgment debtor in a record authenticated after default.
140 (7) Notwithstanding the attachment of a judgment lien
141 acquired under s. 55.202 to payment intangibles or accounts and
142 the proceeds thereof, the account debtor may, absent receipt of
143 notice under s. 679.607(1)(a) from a secured party, discharge
144 the account debtor's obligation to pay payment intangibles or
145 accounts or the proceeds thereof by paying the judgment debtor
146 until, but not after, the account debtor is served by process
147 with a complaint or petition by the judgment creditor seeking
148 judicial relief with respect to the payment intangibles or
149 accounts. Thereafter, the account debtor may discharge the
150 account debtor's obligation to pay payment intangibles or
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151 accounts or the proceeds thereof under this section only in
152 accordance with a final order or judgment issued in such
153 judicial process that complies with this section.
154 Section 4. Section 55.208, Florida Statutes, is amended to
155 read:
156 55.208 Effect of prior liens on payment intangibles and
157 accounts; effect of filed judgment lien on writs of executio n
158 previously delivered to a sheriff.—
159 (1) A judgment lien under s. 55.202 existing before
160 October 1, 2023, becomes enforceable and perfected as of October
161 1, 2023, as to payment intangibles and accounts and the proceeds
162 thereof of a judgment debtor under s. 55.202(2). Any security
163 interest or lien on payment intangibles or accounts and the
164 proceeds thereof of a judgment debtor which is enforceable and
165 perfected before October 1, 2023, continues to have the same
166 rights and priority as existed before October 1, 2023, and may
167 not be primed as to payment intangibles or accounts by a
168 judgment lien certificate filed before October 1, 2023 Any lien
169 created by a writ of execution which has been delivered to the
170 sheriff of any county before October 1, 2001, remains in effect
171 for 2 years thereafter as to any property of the judgment debtor
172 located in that county before October 1, 2001, and remaining
173 within that county after that date. As to any property of the
174 judgment debtor brought into the county on or after October 1,
175 2001, such writs create no lien, inchoate or otherwise.
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176 (2) If a judgment creditor who has delivered a writ of
177 execution to a sheriff in any county prior to October 1, 2001,
178 properly files a judgment lien certificate with the Department
179 of State by October 1, 2003, the resulting judgment lien is
180 deemed filed on the date the writ was delivered to the sheriff
181 as to all property of the judgment debtor subject to execution
182 in this state under s. 56.061 which is located in that county on
183 October 1, 2001, and that remains continuously in that county
184 thereafter. Priority of such judgment liens is determined as of
185 the effective date they are considered to have been filed. As to
186 all other property of the judgment debtor, the effective date of
187 the judgment lien is as provided in s. 55.202. The duration of
188 all judgment liens is as provided in s. 55.204.
189 (3) If a judgment creditor who has delivered a writ of
190 execution to a sheriff in any county before October 1, 2001,
191 does not properly file a judgment lien certificate with the
192 Department of State by October 1, 2003, such writ is considered
193 to have been abandoned and to be of no effect after October 1,
194 2003.
195 Section 5. Subsection (1) of section 55.209, Florida
196 Statutes, is amended to read:
197 55.209 Department of State; processing fees,
198 responsibilities.—
199 (1) Except for liens, assessments, warrants, or judgments
200 filed electronically as provided in s. 55.202(2)(c) s.
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201 55.202(2)(b), the Department of State shall collect the
202 following nonrefundable processing fees for all documents filed
203 in accordance with ss. 55.201-55.209:
204 (a) For any judgment lien certificate or other documents
205 permitted to be filed, $20.
206 (b) For the certification of any filed document, $10.
207 (c) For copies of judgment lien documents which are
208 produced by the Department of State, $1 per page or part
209 thereof. However, no charge may be collected for copies provided
210 in an online electronic format via the Internet.
211 (d) For indexing a judgment lien by multiple judgment
212 debtor names, $5 per additional name.
213 (e) For each additional facing page attached to a judgment
214 lien certificate or document permitted to be filed, $5.
215 Section 6. Subsection (6) of section 56.29, Florida
216 Statutes, is amended to read:
217 56.29 Proceedings supplementary.—
218 (6)(a) The court may order any property of the judgment
219 debtor, not exempt from execution, or any property, debt, or
220 other obligation due to the judgment debtor, in the hands of or
221 under the control of any person subject to the Notice to Appear,
222 to be levied upon and applied toward the satisfaction of the
223 judgment debt. The court may enter any orders, judgments, or
224 writs required to carry out the purpose of this section,
225 including those orders necessary or proper to subject property
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226 or property rights of any judgment debtor to execution, and
227 including entry of money judgments as provided in ss. 56.16-
228 56.19 against any person to whom a Notice to Appear has been
229 directed and over whom the court obtained personal jurisdiction
230 irrespective of whether such person has retained the property,
231 subject to applicable principles of equity, and in accordance
232 with chapters 76 and 77 and all applicable rules of civil
233 procedure. Sections 56.16-56.20 apply to any order issued under
234 this subsection.
235 (b) If the personal property of the judgment debtor
236 includes a motor vehicle or a vessel that is nonexempt to any
237 extent from execution and for which a Florida certificate of
238 title has been issued, on presentation of a copy of a valid
239 judgment lien certificate acquired under s. 55.202, the court
240 must order the Department of Highway Safety and Motor Vehicles
241 to note the liens of the judgment creditor on the certificate of
242 title and in the records of the department.
243 Section 7. Subsections (2) and (4) and paragraphs (a) and
244 (b) of subsection (5) of section 319.24, Florida Statutes, are
245 amended to read:
246 319.24 Issuance in duplicate; delivery; liens and
247 encumbrances.—
248 (2) A duly authorized person shall sign the original
249 certificate of title and each corrected certificate and, if
250 there are no liens or encumbrances on the motor vehicle or
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251 mobile home, as shown in the records of the department or as
252 shown in the application, shall deliver the certificate to the
253 applicant or to another person as directed by the applicant or
254 person, agent, or attorney submitting such application. The
255 motor vehicle dealer license number must be submitted to the
256 department when a dealer applies for or receives a duplicate
257 title. The current odometer reading must be submitted on an
258 application for a duplicate title. If there are one or more
259 liens or encumbrances on the motor vehicle or mobile home, the
260 certificate shall be delivered by the department to the first
261 lienholder as shown by department records or to the owner as
262 indicated in the notice of lien filed by the first lienholder
263 pursuant to s. 319.27. If the notice of lien filed by the first
264 lienholder indicates that the certificate should be delivered to
265 the first lienholder, the department shall deliver to the first
266 lienholder, along with the certificate, a form to be
267 subsequently used by the lienholder as a satisfaction. If the
268 notice of lien filed by the first lienholder directs the
269 certificate of title to be delivered to the owner, then, upon
270 delivery of the certificate of title by the department to the
271 owner, the department shall deliver to the first lienholder
272 confirmation of the receipt of the notice of lien and the date
273 the certificate of title was issued to the owner at the owner's
274 address shown on the notice of lien and a form to be
275 subsequently used by the lienholder as a satisfaction. If the
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276 application for certificate shows the name of a first lienholder
277 different from the name of the first lienholder as shown by the
278 records of the department or if the application does not show
279 the name of a judgment lienholder as shown by the records of the
280 department, the certificate shall not be issued to any person
281 until after all parties who appear to hold a lien and the
282 applicant for the certificate have been notified of the conflict
283 in writing by the department by certified mail. If the parties
284 do not amicably resolve the conflict within 10 days from the
285 date such notice was mailed, then the department shall serve
286 notice in writing by certified mail on all persons appearing to
287 hold liens on that particular vehicle, including the applicant
288 for the certificate, to show cause within 15 days from the date
289 the notice is mailed why it should not issue and deliver the
290 certificate to the person indicated in the notice of lien filed
291 by the lienholder whose name appears in the application as the
292 first lienholder without showing any lien or liens as
293 outstanding other than those appearing in the application or
294 those which may have been filed subsequent to the filing of the
295 application for the certificate. If, within the 15-day period,
296 any person other than the lienholder shown in the application or
297 a party filing a subsequent lien, in answer to such notice to
298 show cause, appears in person or by a representative, or
299 responds in writing, and files a written statement unde r oath
300 that his or her lien on that particular vehicle is still
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301 outstanding, the department shall not issue the certificate to
302 anyone until after such conflict has been settled by the lien
303 claimants involved or by a court of competent jurisdiction. If
304 the conflict is not settled amicably within 10 days of the final
305 date for filing an answer to the notice to show cause, the
306 complaining party shall have 10 days to obtain a ruling, or a
307 stay order, from a court of competent jurisdiction; if no ruling
308 or stay order is issued and served on the department within the
309 10-day period, it shall issue the certificate showing no liens
310 except those shown in the application or thereafter filed to the
311 original applicant if there are no liens shown in the
312 application and none are thereafter filed, or to the person
313 indicated in the notice of lien filed by the lienholder whose
314 name appears in the application as the first lienholder if there
315 are liens shown in the application or thereafter filed. A
316 duplicate certificate or corrected certificate shall only show
317 such lien or liens as were shown in the application and
318 subsequently filed liens that may be outstanding.
319 (4)(a)1. If the owner of the motor vehicle or mobile home,
320 as shown on the title certificate, or the director of the state
321 child support enforcement program, or the director's designee,
322 desires to place a second or subsequent lien or encumbrance
323 against the motor vehicle or mobile home when the title
324 certificate is in the possession of the first lienholder, the
325 owner shall send a written request to the first lienholder by
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326 certified mail, and such first lienholder shall forward the
327 certificate to the department for endorsement. If the title
328 certificate is in the possession of the owner, the owner shall
329 forward the certificate to the department for endorsement.
330 2. If the holder of a judgment lien acquired under s.
331 55.202(2) on personal property of the owner desires to place a
332 lien on the motor vehicle or a vessel, the judgment lienholder
333 must send a written request to the department together with a
334 copy of the lienholder's judgment lien certificate. The
335 department shall add the name of the judgment lienholder to the
336 records of the department. The judgment lienholder must also
337 send a written request to the person in possession of the title
338 certificate by certified mail, and that person shall forward the
339 certificate to the department for endorsement.
340 (b) The department shall return the certificate to either
341 the first lienholder or to the owner, as indicated in the notice
342 of lien filed by the first lienholder, after endorsing the
343 second or subsequent lien on the certificate and on the
344 duplicate. If the first lienholder or owner fails, neglects, or
345 refuses to forward the certificate of title to the department
346 within 10 days after from the date of the owner's, the judgment
347 lienholder's, or the director's or designee's request, the
348 department, on the written request of the subsequent lienholder
349 or an assignee thereof, shall demand of the first lienholder or
350 the owner the return of such certificate for the notation of the
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351 second or subsequent lien or encumbrance. If the first
352 lienholder or owner fails, neglects, or refuses to return the
353 certificate to the department as requested, the department must
354 void the certificate of title and issue a replacement
355 certificate showing the notation of the subsequent lien or
356 encumbrance.
357 (5)(a) Upon satisfaction of any first lien, judgment lien,
358 or encumbrance recorded at the department or upon lapse of a
359 judgment lien, the owner of the motor vehicle or mobile home, as
360 shown on the title certificate, or the person satisfying the
361 lien is shall be entitled to demand and receive from the
362 lienholder a satisfaction of the lien. If the lienholder, upon
363 satisfaction of the lien and upon demand, fails or refuses to
364 furnish a satisfaction thereof within 30 days after demand, he
365 or she shall be held liable for all costs, damages, and
366 expenses, including reasonable attorney attorney's fees,
367 lawfully incurred by the titled owner or person satisfying the
368 lien in any suit brought in this state for cancellation of the
369 lien. A motor vehicle dealer acquiring ownership of a motor
370 vehicle with an outstanding purchase money lien, shall pay and
371 satisfy the outstanding lien within 10 working days of acquiring
372 ownership. The lienholder receiving final payment as defined in
373 s. 674.215 shall mail or otherwise deliver a lien satisfaction
374 and the certificate of title indicating the satisfaction within
375 10 working days of receipt of such final payment or notify the
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376 person satisfying the lien that the title is not available
377 within 10 working days of receipt of such final payment. If the
378 lienholder is unable to provide the certificate of title and
379 notifies the person of such, the lienholder shall provide a lien
380 satisfaction and shall be responsible for the cost of a
381 duplicate title, including fast title charges as provided in s.
382 319.323. The provisions of this paragraph shall not apply to
383 electronic transactions pursuant to subsection (9).
384 (b) Following satisfaction of a lien or upon satisfaction
385 or lapse of a judgment lien, the lienholder shall enter a
386 satisfaction thereof in the space provided on the face of the
387 certificate of title. If the certificate of title was retained
388 by the owner, the owner shall, within 5 days of the satisfaction
389 of a lien, deliver the certificate of title to the lienholder
390 and the lienholder shall enter a satisfaction thereof in the
391 space provided on the face of the certificate of title. If there
392 are no subsequent liens shown thereon, the certificate shall be
393 delivered by the lienholder to the person satisfying the lien or
394 encumbrance and an executed satisfaction on a form provided by
395 the department shall be forwarded to the department by the
396 lienholder within 10 days of satisfaction of the lien.
397 Section 8. Section 319.241, Florida Statutes, is amended
398 to read:
399 319.241 Removal of lien from records.—The owner of a motor
400 vehicle or mobile home upon which a lien has been filed with the
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401 department or noted upon a certificate of title for a period of
402 5 years may apply to the department in writing for such lien to
403 be removed from the department files or from the certificate of
404 title. The application shall be accompanied by evidence
405 satisfactory to the department that the applicant has notified
406 the lienholder by certified mail, not less than 20 days prior to
407 the date of the application, of his or her intention to apply to
408 the department for removal of the lien. Ten days after receipt
409 of the application, the department may remove the lien from its
410 files or from the certificate of title, as the case may be, if
411 no statement in writing protesting removal of the lien is
412 received by the department from the lienholder within the 10-day
413 period. If, however, the lienholder files with the department
414 within the 10-day period a written statement that the lien is
415 still outstanding or that a second judgment lien certificate has
416 been filed with the Department of State, the department shall
417 not remove the lien until the lienholder presents a satisfaction
418 of lien to the department. If a second judgment lien certificate
419 was filed with the Department of State, the department must
420 remove the notice of the first judgment lien certificate and add
421 notation of the second judgment lien certificate at the end of
422 all noted liens. Ten days after the receipt of an application
423 for a derelict motor vehicle certificate and notification to the
424 lienholder, the department may remove the lien from the derelict
425 motor vehicle record if a written statement protesting removal
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426 of the lien is not received by the department from the
427 lienholder within the 10-day period.
428 Section 9. This act shall take effect July 1, 2023.
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REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 27 by Rep. Benjamin
Judgment Liens
AMENDMENT SUMMARY
March 9, 2023
Amendment 1 by Rep. Benjamin (lines 122-139):
• Clarifies the rights between a judgment lien holder and a creditor or purchaser of a
vehicle or vessel.
• Clarifies that a judgment lien holder who has no relationship to a vehicle, vessel, or other
tangible property:
o is not given the right to engage in self-help remedies, and
o must seek a court order or obtain a signed consent from a judgment debtor,
whether an electronic record or other writing, after the judgment lien attaches.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 27 (2023)
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 Economic Development Subcommittee
3 Representative Benjamin offered the following:
4
5 Amendment
6 Remove lines 122-139 and insert:
7 against the judgment debtor. However, enforceability under this
8 chapter of such judgment lien against creditors or subsequent
9 purchasers is determined as provided under ss. 319.27(2) or
10 328.14, as applicable.
11 (b) A judgment lienholder may obtain an order instructing
12 the Department of Highway Safety and Motor Vehicles to note the
13 lien on the certificate of title through a court of competent
14 jurisdiction conducting proceedings supplementary to execution
15 under s. 56.29(6)(b).
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 27 (2023)
Amendment No.1
16 (6) A judgment lien acquired under s. 55.202 may be
17 enforced only through judicial process, including attachment
18 under chapter 76; execution under chapter 56; garnishment under
19 chapter 77; a charging order under s. 605.0503, s. 620.1703, or
20 s. 620.8504; or proceedings supplementary to execution under s.
21 56.29. A holder of a judgment lien acquired under s. 55.202, who
22 is not enforcing separate lien rights in a judgment debtor’s
23 property, may not enforce his or her rights under this section
24 through self-help repossession or replevin without a court order
25 or without the express consent of the judgment debtor contained
26 in a record authenticated in accordance with s. 668.50 or s.
27 679.1021(1)(g) after the judgment lien attaches.
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HB 89
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 89 Building Construction
SPONSOR(S): Maggard
TIED BILLS: IDEN./SIM. BILLS: SB 512
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Class A air-conditioning contractors, licensed by the Construction Industry Licensing Board, are allowed to
work on central air-conditioning, refrigeration, heating, and ventilating systems. These services include
installing, disconnecting, or reconnecting power wiring on the load side of the dedicated existing electrical
disconnect switch. Currently, an electrical contractor license is required to work on the line side.
The bill:
Allows a class A air-conditioning contractor to work on power wiring, breakers, or fuses on the line side
of the dedicated existing electrical disconnect switch.
The Florida Building Code is administered, and enforced by local governments through the issuance of permits
and completion of inspections by local building officials. Permits are generally issued prior to starting
construction projects, and after plans are reviewed by local building officials. A local enforcing agency must
identify the specific plan features that do not comply with the Building Code whenever a permit is denied.
Currently, there is no similar requirement for fire safety officials related to the Fire Prevention Code.
Current law is not clear on whether local governments must notify permitholders about the specific reasons
why the buildings plans do not comply with the Building Code or the Fire Prevention Code, if they make or
require substantive changes to building plans after the permit is issued.
The bill:
Prohibits a local government from making substantive changes to plans after a permit has been
issued unless such changes are required under the Building Code, or Fire Prevention Code.
Requires any changes a local government makes to plans after a permit has been issued to identify
the specific parts of the plan that do not conform to the applicable code.
Requires a building official or inspector who asks another person to review the building plans to notify
the local government if such person determines the plans do not comply with the Building Code.
Requires a local fire official to notify the permit applicant of specific reasons why plans do not comply
with the Fire Prevention Code.
Allows a plans reviewer, inspector, building official, or fire safety inspector to have their certificate
disciplined for failure to notify the appropriate person of the reasons for making substantive changes to
building plans.
The bill does not appear to have a significant fiscal impact on local or state governments.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0089.RRS
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Class A Air-Conditioning Contractors- Current Situation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
various businesses and professionals in Florida, including construction contractors. Construction
contractors are certified or registered and regulated by the Construction Industry Licensing Board
(CILB).1
Certified contractors are allowed to practice their specific license category in any jurisdiction in the
state.2 One of the license categories is Class A air-conditioning contractor.
To be eligible for licensure as a Class A air-conditioning contractor, an applicant must complete the
license application,3 pass the certification examination, and meet certain combinations of education and
experience, which consists of 4 to 5 years of college level courses and/or HVAC4 work experience.5
Class A air-conditioning contractors 6 may install, maintain, repair, fabricate, alter, extend, or design, if
not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems.7 These
services include replacing, disconnecting, or reconnecting power wiring on the load side of the
dedicated existing electrical disconnect switch.8
HVAC Electrical Disconnect Switch Installation Requirements
HVAC equipment or air-conditioning units are required to be installed in accordance with manufacturer
specifications, which include the electrical needs of such equipment as indicated on either the
equipment or in the manual. The Building Code requires that listed or labeled equipment be installed
and used in accordance with any instructions included in the listing or labeling, which includes rated-
load in amperes or rated-load current for the motor-compressor.9 This ensures the safety of both the
contractor and the premises. The manufacturer establishes values for a given load, rated voltage, and
rated frequency of the equipment it serves to ensure that the air conditioner disconnecting means
(usually a switch) and controller have proper interrupting capacities.10
The Building Code specifically requires compliance with the manufacturer’s nameplate markings.11 This
information is used to determine the rating or ampacity of the disconnecting means, the branch-circuit
conductors, the controller, branch circuit short-circuit and ground-fault protection, and the separate
motor overload protection. If the nameplate specifies fuses only, substitution of a listed circuit breaker is
a violation of the Building Code and the manufacturer’s warranties.
1 S. 20.165, F.S, creates the divisions of Administration; Alcoholic Beverages and Tobacco; Certified Public Accounting;
Drugs, Devices, and Cosmetics; Florida Condominiums, Timeshares, and Mobile Homes; Hotels and Restaurants; Pari -
mutuel Wagering; Professions; Real Estate; Regulation; Service Operations; and Technology.
2 S. 489.105, F.S.
3 Certified Class A Air Conditioning Contractor Application Requirements , Florida Department of Business & Professional
Regulation,https://www.myfloridalicense.com/CheckListDetail.asp?SID=&xactCode=1030&clientCode=0601&a
mp;XACT_DEFN_ID= 2940 (last visited March 3, 2023).
4 Heating, ventilation, and air conditioning.
5 Application for Certified Class-A Air Conditioning Contractor as an Individual, p. 7, Florida Department of Business &
Professional Regulation, https://www.myfloridalicense.com/datamart/loginFLDBPR.do (last visited March 3, 2023).
6 Class B and Class C air-conditioning contractors are HVAC contractors with a limited scope.
7 S. 489.105(3)(f), F.S.
8 S. 489.105(3)(f), F.S.
9 Florida Building Code, 6th ed. (2017), s. E3702.11 Branch circuits for air-conditioning and heat pump equipment.
10 Keith Lofland, International Association of Electrical Inspectors Magazine, Air-Conditioning Equipment Installations,
https://iaeimagazine.org/2017/julyaugust-2017/air-conditioning-equipment-installations/ (last visited March 3, 2023).
11 Florida Building Code, 6th ed. (2017), s. E3702.11 Branch circuits for air-conditioning and heat pump equipment.
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A disconnecting means is required to be located “within sight from and readily accessible” from the air-
conditioning equipment12, which is usually located on a concrete pad outside the dwelling or structure,
under the building in a crawl space, or mounted on a rooftop. This disconnecting means can be
installed on or within the air-conditioning equipment itself.13
The disconnecting means is typically located next to14 the air-conditioning unit. Sufficient working space
in the direction of access to the equipment, or the part of the equipment, that is likely to be worked on
while there are live, exposed parts, must be provided in accordance with the Building Code to access
the disconnecting means for purposes of examination, adjustment, servicing, or maintenance while
energized. The purpose is to provide a ready and visible means of disconnection for the person who
will service or repair the equipment. Safe access must also be provided to the control equipment within
the unit at the time the equipment is being installed or serviced. It is common for service persons to
examine or test HVAC equipment while it is energized. 15
HVAC Electrical Disconnect Switch Components
The line side consists of upstream components and wires coming from the main power source that
supply power. It always carries current when there is power supply from the power source . The
load side consists of downstream components and wires that take the electrical current and supply it to
other electric devices. It only carries current when the switch is turned on, signaling a closed circuit
that allows current to flow through.16 Below is an illustration of the “load” and “line” sides of an HVAC
breaker:17
A dedicated circuit has its own circuit breaker and only supports one outlet, which means only one
electrically powered device can draw voltage from that circuit at any given time .18 A disconnect
switch is used to isolate electrical circuits by interrupting the flow of electrical current. By quickly
12 Florida Building Code, 6th ed. (2017), s. E4101.5 Disconnecting means.
13 Keith Lofland, supra note 9.
14 Typically, a locking type of disconnecting means located out of sight from the unit is not acceptable. Id.
15 Keith Lofland, supra note 9.
16 Alex Klein, How to Identify Line and Load Wires, Electro University (Aug. 16, 2022), https://electrouniversity.com/how-
to-identify-line-and-load-wires/, (last visited Feb. 14, 2023).
17 See Assured Electrical, Just Answer, https://ww2-secure.justanswer.com/uploads/AssuredElectrical/2012-05-
29_153354_240acdisconnect.gif. (last visited Feb. 27, 2023).
18 Harrison Electric, Inc. Dedicated Circuits: What They Are & How to Determine If You Need Them, Aug. 16, 2021,
https://harrison-electric.com/Blog/entryid/243/dedicated-circuits-what -they-are-how-to-determine-if-you-need-them (last
visited Mar. 3, 2023)
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stopping the flow of power, disconnect switches allow for emergency shutdowns, switching to alternate
power sources, and maintenance.19
There are several circuit breakers in the main electrical panel, also known as a breaker box or main
panelboard. One of those circuit breakers goes to the outside air-conditioning unit and then runs
to a dedicated existing electrical disconnect switch for the unit.20
A circuit breaker and a fuse are both designed to interrupt the flow of electricity, but they operate
through different mechanisms. The fuse works as a piece of metal that melts down when overheated,
and a circuit breaker works by operating a switching mechanism when an overflow of electricity is
detected. Circuit breakers generally have a higher breaking capacity than fuses.21
Differences Between Voltage and Amperage
Although voltage and amperage are both measurements of electricity, they measure different aspects
of electricity. Amperage is the flow of the electric current. Voltage is the pressure of the electric current.
These are both needed to generate power.22
𝑃𝑜𝑤𝑒𝑟 = 𝐴𝑚𝑝𝑒𝑟𝑎𝑔𝑒 (𝐹𝑙𝑜𝑤) 𝑥 𝑉𝑜𝑙𝑡𝑎𝑔𝑒 (𝑃𝑟𝑒𝑠𝑠𝑢𝑟𝑒)
For example, an air conditioner requires approximately 15 to 60 amps.23 In regards to danger to people,
the amperage, not voltage, is the most determinant factor in causing injury or fatality. 24 The amount of
time that a person is exposed to the electric current is also a factor. 25
Line Side Work in Florida
While Class A air-conditioning contractors may work on the load side, they cannot install, disconnect,
or reconnect power wiring on the line side 26 of the dedicated existing electrical disconnect switch.27
Only a licensed electrical contractor can work on the line side.28 Therefore, Class A air-conditioning
contractors have to refer work on the line side to an electrical contractor, which causes Class A air-
conditioning contractors to stop their work until an electrical contractor completes this portion.
Line Work and Air-Conditioning Contractor Certification in other states
19 Bisco Industries, What is a Disconnect Switch?, https://press.biscoind.com/2016/08/18/what-is-a-disconnect-switch/
(last visited Mar. 3, 2023).
20 Russell E. Smith, “Installation of Heating, Cooling, and Refrigeration Systems.” Electricity for Refrigeration, Heating, and
Air Conditioning, 10th ed., Cengage Learning, Boston, MA, 2018, p. 18 (explaining a disconnect switch allows a contractor
to disconnect the power source to the heating, cooling, and refrigeration equipment being worked on). The Florida
Building Code requires that a 125-volt, 15- and 20-ampere receptacle for servicing air-conditioning and refrigeration
equipment is to be located not less than 7.5 m (25 ft) from, and on the same level as, the equipment itself. The receptacle
must be in a readily accessible location from the equipment and must be GFCI-protected as applicable to outdoor
receptacles at dwelling occupancies.)
21 Hi-Lite Electric, Inc., What’s the Difference Between Fuses and Circuit Break ers?, Aug. 26, 2019, https://hi-
liteelectricinc.ca/about-us/blog/power-surges/whats-difference-fuses -circuit-breakers/ (last visited Mar. 4, 2023).
22 Electricity Explained Simple: The Difference between Voltage, Amperage and Power, YouTube, Solar Solution, (Apr. 9,
2021), https://www.youtube.com/watch?v=CA1Y9PkHk r0 (last visited March 5, 2023).
23 Edwin Jones, How Many AMPS Does an Air Conditioner Use?, Galvin Power (Mar. 1, 2023),
https://www.galvinpower.org/how-many -amps -does-an-air-c onditioner-use/ (last visited March 5, 2023).
24 “While any amount of current over 0.01 amp is capable of producing painful to severe shock, currents between 0.1 to
0.2 amp are lethal.” The Fatal Current, The Ohio State University College of Arts and Sciences, https://www.asc.ohio-
state.edu/physics/p616/safety/fatal_current.html (last visited March 5, 2023).
25 Akash Peshin, How Much Current Can the Human Body Withstand?, Science ABC (Nov. 12, 2021),
https://www.scienceabc.com/humans/how-many-volts-amps-kill-you-human.html (last visited March 5, 2023).
26 Klein, supra note 13.
27 S. 489.105(3)(f), F.S.
28 S. 489.505(12), F.S.
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HVAC licensing requirements and specialty categories differ from state to state. 29 Most states limit
HVAC contractors to work on the load side.30
For example, in North Carolina, licensed HVAC contractors may work on the load side, but not on the
line side,31 and all licensed HVAC contractors are required to perform a room-by-room load calculation
for all newly installed residential structures prior to installing heating systems, air conditioning systems,
or both.32 In Hawaii, an HVAC contractor is allowed to put together and install HVAC units including, but
not limited to, piping, and controls, but are not allowed to work on the electrical controls. 33 Some other
states specifically require licensing as an electrical contractor to work on HVAC systems, such as
Washington state.34
However, there are a few states that allow HVAC contractors to work on the line side in limited ways.
These states have set specific parameters for such work.
For example, in Georgia, HVAC contractors may perform limited work on the line side. Specifically, they
may perform service to or installation of the electrical circuit from the main electrical panel to the air-
conditioner equipment where the electrical service to the building or site is a single-phase electrical
circuit not exceeding 200 amperes.35 In Alaska, HVAC contractors are required to be licensed as a
Mechanical Administrator, and such contractors may install control wiring that alters the electrical
characteristics of the mechanical system if they are supervised by a licensed electrical administrator.36
Class A Air-Conditioning Contractor – Effect of Bill
The bill expands the scope of service that a class A air-conditioning contractor may provide. The bill
allows class A air-conditioning contractors to:
Replace, disconnect, or reconnect power wiring, breakers, or fuses on the line side of the
dedicated existing electrical circuit disconnect switch; and
Replace, disconnect, or reconnect air-conditioning disconnect switches and boxes.
Building Plans Requirements- Current Situation
Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code. In 1992, Hurricane Andrew demonstrated that Florida’s sys tem of local codes did not
work and a study was commissioned to make recommendations. In 1998, the Legislature adopted the
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
29 Hans Howk, What Licenses Does an HVAC Contractor Need?, Wolters Kluwer (July 1, 2021),
https://www.wolterskluwer.com/en/expert-insights/hvac-contractor-licenses (last visited March 5, 2023).
30 There are several states, such as Illinois, Indiana, Kanas, Massachusetts, Maine, Missouri, Montana, Minnesota,
Colorado, and New York, that license air conditioning contractors at the local level. Id.
31 N.C.G.S.A. § 87-2121 (a)(4) and N.C. Admin. Code 50.0505(e).
32 N.C. Admin. Code 50.0505(e).
33 "Electrical work" means the installation, alteration, reconstruction, or repair of electrical wiring. Haw. Code R. § 16-80-
3; see also, “Any person who performs electrical work in the State is required to have a journey worker electrician's
license.” Haw. Code R. § 16-80-4.
34 Wash. Admin. Code 296-200A-016(28) and 296-46B-901(c)(B); “There is no official HVAC license in Washington.
However, HVAC contractors are required to have an electrical license to perform HVAC duties such as inspecting,
repairing, installing, and altering heating, ventilation, air conditioning, and refrigeration units .” How to Get an HVAC
License in Washington: A Complete Guide, General Contractor License Guide (Aug. 23, 2022),
https://generalcontractorlicenseguide.com/washington -hvac-license/ (last visited March 6, 2023).
35 Ga. Code Ann., § 43-14-2(3)
36 Alaska Admin. Code tit. 12, § 39.232(c).
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(Building Code), and that first edition replaced all local codes on March 1, 2002. 37 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.38
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The Act provides a
mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code. The Building Code must be applied, administered, and enforced uniformly and
consistently from jurisdiction to jurisdiction.39
The Florida Building Commission (Building Commission) implements the Building Code. The Building
Commission, which is housed within DBPR, reviews several International Codes published by the
International Code Council, the National Electric Code, and other nationally adopted model codes to
determine if the Building Code needs to be updated and adopts an updated Building Code every three
years.40
A local enforcement agency is an agency of local government with jurisdiction to make inspections of
buildings and to enforce the Building Code.41
Building Code Administrators, Inspectors, and Plans Examiners
Building code administrators, inspectors, and plans examiners are regulated by the Building Code
Administrators and Inspectors Board (BCAIB) within DBPR. 42
A building code administrator, also known as a building official, is a local government employee or a
person contracted by a local government who supervises Building Code activities, including plans
review, enforcement, and inspection.43
A building code inspector (inspector) is a local government employee or a person contracted by a local
government who inspects construction that requires permits to determine compliance with the Building
Code and state accessibility laws. Inspectors are divided into several different categories. An
inspector’s ability to practice is limited to the category or categories for which the inspector has been
licensed. The inspector categories are:44
Building inspector;
Coastal construction inspector;
Commercial electrical inspector;
Residential electrical inspector;
Mechanical inspector;
Plumbing inspector;
Residential inspector; and
Electrical inspector.
A plans examiner, also known as a plans reviewer, reviews plans submitted for building permits to
determine design compliance with the Building Code. A plans examiner’s ability to practice is limited to
the category or categories for which the examiner is licensed. The plans examiner categories are:45
Building plans examiner;
Plumbing plans examiner;
Mechanical plans examiner; and
37 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/ fbc/2006_Legislature_Rpt_rev2. pdf (last visited Feb. 13, 2023).
38 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 13, 2023).
39 See s. 553.72(1), F.S.
40 Ss. 553.73, and 553.74, F.S.
41 S. 553.71(5), F.S.
42 See Ss. 120.569, 120.57(1)-(2), 468.605, 468.606, and 468.621, F.S.
43 S. 468.603(2), F.S.
44 S. 468.603(4) and (5), F.S.
45 S. 468.603(8), F.S.
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Electrical plans examiner.
The BCAIB may discipline building code administrators, plans examiners, and inspectors for violations
of the practice act, such as violating BCAIB or DBPR rules, and failing to properly enforce applicable
building codes or permit requirements.46 Types of discipline includes:47
Denial of an application for certification.
Permanent revocation.
Suspension of a certificate.
Fines.
Probation.
Florida Fire Prevention Code
Florida law designates the state’s Chief Financial Officer as the State Fire Marshal. The State Fire
Marshal, within the Department of Financial Services (DFS), is charged with enforcing laws relating to
fire safety, and has the responsibility to minimize the loss of life and property in this state due to fire. 48
The State Fire Marshal regulates, trains, and certifies fire service personnel and fire safety inspectors;
investigates the causes of fires; enforces arson laws; regulates the installation of fire equipment;
conducts fire safety inspections of state property; and operates the Florida State Fire College.
The State Fire Marshal also adopts by rule the Fire Prevention Code, which contains all fire safety laws
and rules that pertain to the design, construction, erection, alteration, modification, repair, and
demolition of public and private buildings, structures, and facilities, and the enforcement of such fire
safety laws and rules 49.
The State Fire Marshal adopts a new edition of the Fire Prevention Code every three years.50 When
adopting the Fire Prevention Code, the Fire Marshal is required to adopt the most current version of the
national fire and life safety standards set forth by the National Fire Protection Association (NFPA),
including the:51
NFPA’s Fire Code (1);
Life Safety Code (101); and
Guide on Alternative Approaches to Life Safety (101A).
The State Fire Marshal may modify the national fire safety and life safety standards as needed to
accommodate the specific needs of the state.52 The most recent Fire Prevention Code is the 7th
edition, which is referred to as the 2020 Florida Fire Prevention Code. The 7th edition of the Fire
Prevention Code took effect on December 31, 2020.53
46 Ss. 468.601, 486.621, and 468.633, F.S.; see also R. 61G19-5.003, F.A.C.
47 S. 486.621, F.S.
48 S. 633.104, F.S.
49 ch. 69A-60, F.A.C.
50 S. 633.202, F.S.
51 S. 633.202(2), F.S. Founded in 1896, the National Fire Protection Association delivers information and knowledge
through more than 300 consensus codes and standards, research, training, education, outreach and advocacy; and by
partnering with others who share an interest in furthering the mission. NFPA, About NFPA, http://www.nfpa.org/about-nfpa
(last visited on Feb. 13, 2023).
52 Id.
53 Division of State Fire Marshal, Florida Fire Prevention Code (FFPC),
https://www.myfloridacfo.com/division/sfm/bfp/ floridafirepreventioncodepage.htm (last visited Feb. 13, 2023).
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State law requires all municipalities, counties, and special districts with fire safety responsibilities to
enforce the Fire Prevention Code as the minimum fire prevention code.54 These local enforcing
authorities may adopt more stringent fire safety standards, subject to certain requirements, but may not
enact fire safety ordinances that conflict with other state law. 55
Fire Safety Inspectors
Each county, municipality, and special district with fire safety enforcement responsibilities is required to
employ or contract with a fire safety inspector to conduct all fire safety inspections required by law. 56 A
fire safety inspector is a person who is officially assigned the duties of conducting fire safety inspections
of buildings and facilities on a recurring or regular basis on behalf of the state or any county,
municipality, or special district with fire safety responsibilities. Fire safety inspectors are certified and
regulated by the State Fire Marshal and are separate from building code administrators, inspectors, and
plans examiners who are regulated by the BCAIB.57
The State Fire Marshal may discipline fire safety inspectors by denying, refusing to renew, suspending,
or revoking their certificate if the State Fire Marshal finds that the fire safety inspector has violated the
practice act, including:58
Violating Fire Prevention laws or any rule or order of the State Fire Marshal, and
Failing to properly enforce applicable fire codes or permit requirements within this state which
the certificateholder knows are applicable by “committing willful misconduct, gross negligence,
gross misconduct, repeated negligence, or negligence resulting in a significant danger to life or
property.”
Conflicting Requirements in The Building Code and the Fire Prevention Code
The Building Code and the Fire Prevention Code work together, but are independent of each other. The
Building Commission must reference the Fire Prevention Code in the Building Code. However, the
Building Commission may not adopt a fire prevention or life safety code, and nothing in the Building
Code may affect the statutory powers, duties, and responsibilities of any local fire safety official or
DFS.59
Conflicting requirements between the Building Code and the Fire Prevention Code must be resolved by
agreement between the Building Commission and the State Fire Marshal, or the question must be
referred to a mediator to resolve the conflict.60
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare.61
Every local government must enforce the Building Code and issue building permits.62
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity.63 Any construction work that requires a building permit also requires
54 Ss. 633.108 and 633.208, F.S.
55 Ss. 633.208 and 633.214(4), F.S.
56 S. 633.216(1), F.S.
57 Ss. 633.102(12) and 633.216, F.S.
58 S. 633.216(5)(a)-(g), F.S.; see also, s. 633.106, F.S.
59 S. 553.73(1), F.S.; Florida Department of Financial Services, Agency Analysis of 2022 House Bill 635, p.3 (Jan. 4,
2022).
60 Id.
61 S. 553.72, F.S.
62 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
63 S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
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plan reviews and inspections by the building official, inspector, or plans reviewer to ensure the work
complies with the Building Code.64
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. 65 A building permit is not valid until
the fees for the permit have been paid.66
Building Plans
To obtain a permit an applicant must complete an application for the proposed work on the form
furnished by the local enforcing agency, which must be posted on its website. 67
An application for a permit must include building plans. Building plans are plans for construction,
erection, alteration, modification, repair, or demolition of any building or structure and must comply with
the applicable building, plumbing, mechanical, electrical, gas, fire prevention, energy, ac cessibility, and
other applicable construction codes in the Building Code.68
A local enforcing agency may not issue a permit until the building official or plans reviewer has
reviewed the building plans and determined that they comply with the Building Code.69
When the building official issues the permit, the building official must approve the plans by writing or
stamping, “Reviewed for Code Compliance” on the plans. The local building official must keep one set
of plans and another set must be returned to the applicant, who must keep the set at the work site. 70
Fire Prevention Code Plans Review
With respect to fire inspections and review, building officials or plans reviewers do not review building
plans to determine if they comply with the Fire Prevention Code. If the building or structure is subject to
the Fire Prevention Code, the local fire safety official must also review the building plans. 71 A local
enforcing agency may not issue the permit until the local fire safety official has approved the plans.
However, if the building or structure is not subject to the Fire Prevention Code, the local enforcing
agency may not require the local fire safety inspector to review the plans. 72
Changes to the Building Permit or Plans
Construction work must be in accordance with the approved plans, and any changes made during
construction that are not in compliance with the approved plans must be resubmitted for approval as an
amended set of construction documents.73
If the local building official or plans reviewer finds that building plans do not comply with the Building
Code, the local building official or inspector must identify the specific plan features that do not comply
with the Building Code, identify the specific chapters and sections upon which the finding is based,
and provide this information to the local enforcing agency. The local enforcing agency must provide this
information to the permit applicant.74
64 Ss. 107, 110.1, and 110.3 of the Seventh edition of the Florida Building Code (Building).
65 See ss. 125.56(4)(a) and 553.79(1), F.S.
66 S. 109.1 of the Seventh edition of the Florida Building Code (Building).
67 Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
68 Ss. 468.603(8), and 553.79(2), F.S.
69 S. 553.79(2), F.S.
70 S. 107.3.1 of the Seventh edition of the Florida Building Code (Building).
71 Id.
72 Id.
73 S. 107.4 of the Seventh edition of the Florida Building Code (Building).
74 S. 553.79(2), F.S.
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Whenever a permit is denied or revoked because plans are found to not comply with the Building Code,
the local enforcing agency must identify the specific plan features that do not comply with the
applicable codes, identify the specific code chapters and sections upon which the finding is based, and
provide this information to the permit applicant.75 A plans reviewer or building official who is
responsible for issuing a denial, revocation, or modification request but fails to provide to the permit
applicant a reason for denying, revoking, or requesting a modification, based on compliance with the
Building Code, is subject to licensure disciplinary action.76
There is no similar requirement for fire safety officials or inspectors when they deny, revoke, or modify
plans based on the Fire Prevention Code.
Current law is not clear on whether local governments must notify permitholders about the specific
reasons why the buildings plans do not comply with the Building Code or the Fire Prevention Code, if
they make or require substantive changes to building plans after the permit is issued.
According to construction industry representatives, there have been industry reports that building
inspectors and local fire officials are making substantive changes to building plans after the building
permit has been issued, which deviate from the Building Code or Fire Prevention Code. These changes
can lead to delays in construction and can also increase the costs of construction. 77
Building Plans Requirements– Effect of the Bill
The bill provides that after a local enforcement agency or local government issues a building permit, the
local government may not make or require any substantive changes to the building plans unless the
changes are required for compliance with the Building Code, the Fire Prevention Code, or local
amendments thereto.
If changes are needed after the permit has been issued, the local enforcement agency must identify
specific parts of the plan that do not comply with the applicable codes, identify the specific code
chapters and sections upon which the finding is based, and provide this information to the permitholder.
The bill provides that if the building code administrator or inspector requests another person to review
the plans and such person identifies specific plan features that do not comply with the Building Code,
the building code administrator or inspector must provide this information to the local enforcing agency.
The bill provides that a plans reviewer or inspector who fails to provide the building code administrator
with the reasons for making or requiring substantive changes to building plans is subject to discipline
against their license.
The bill provides that a building code administrator who fails to provide a permit applicant or permit
holder with the reasons for making or requiring substantive changes to building plans is subject to
discipline against his or her license.
The bill provides that if a county, municipality, or special district concludes that the building plans for a
building permit application do not comply with the Florida Fire Prevention Code or Life Safety Code or
local amendments thereto, the local fire official must identify the specific parts of the plan that do not
comply with the applicable codes, identify the specific chapters and sections upon which the
determination is based, and provide the information to the permit applicant.
75 S. 553.79(2), F.S.
76 S. 553.79(1), F.S.
77 Testimony from Representative Randall Scott Maggard, 1/12/2022 House Regulatory Reform Subcommittee,
https://thefloridachannel.org/ videos/1-12-22-house-regulatory -reform-subcommittee/ (last visited Feb. 13, 2023); Email
from Edward Briggs, Vice President of Government Relations & Community Affairs for RSA Consulting Group, LLC,
Florida Refrigeration and Air Conditioning Contractors Association, RE: HB 89 Back Up HVA Training (Jan. 10, 2023).
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If the local fire official requires changes to a permit that has already been issued, and fails to cite
specific parts in the plans that need changes to comply with the applicable codes and does not provide
the information to the permit applicant, the local fire official is subject to disciplinary action against his or
her license.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1. Amends s. 489.105, F.S., relating to definitions.
Section 2. Amends s. 553.79, F.S., relating to permit application and issuance.
Section 3. Amends s. 633.208, F.S., relating to minimum fire safety standards.
Section 4. Provides an effective date of July 1, 2023.
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:
The impact on revenues is unknown.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
There would be a positive economic impact for class A air-conditioning contractors and homeowners as
they would be able to complete more tasks without needing to refer homeowners to an electrical
contractor.
There may be a negative economic impact for electrical contractors who work on the line side of HVAC
systems.
The bill may have a positive impact on construction industry professionals and companies due to
increased information on completing a permit application timely.
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
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DATE: 3/7/2023
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
According to DBPR, the BCAIB may need to engage in rulemaking to develop penalty guidelines for the
new violations established by the bill.78 In addition, the Florida Building Commission will need to engage
in rulemaking to add the new permit requirements to the Florida Building Code. 79
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill inserts the ability to work on the line side, and appears to inadvertently remove the ability to
work on the load side. This may potentially take away the Class-A air conditioning contractors’ existing
ability to work on the load side.
The bill references both the Florida Fire Prevention Code and the Life Safety Code in the permitting
provisions. The Life Safety Code is a national model code (NFPA 101) which is incorporated into the
Florida Fire Prevention Code.80 Thus, referring to the Florida Fire Prevention Code without referring to
the Life Safety Code would likely be adequate.81
DBPR states it may not have enough time for any necessary rulemaking by the Building Code
Administrators and Inspectors Board and the Florida Building Commission to be completed by July 1,
2023.82
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
78 Florida Department of Business and Professional Regulation, Agency Analysis of 2023 House Bill 89, p. 3 (January 11,
2023); See generally, Rule 61G19-5.002, F.A.C.
79 Id.; See generally, Rule 61G20-1.001, F.A.C.
80 Id.; see also 86-60 Fla. Op. Att’y Gen. (1986)
81 Id.
82 Id. at 6.
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DATE: 3/7/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 89 2023
1 A bill to be entitled
2 An act relating to building construction; amending s.
3 489.105, F.S.; revising the definition of the term
4 "class A air-conditioning contractor"; amending s.
5 553.79, F.S.; requiring local building code
6 administrators or inspectors to provide certain
7 information to the local enforcing agency; prohibiting
8 local enforcing agencies from making or requiring
9 substantive changes to plans or specifications after a
10 permit has been issued; providing exceptions;
11 requiring local enforcing agencies that require
12 substantive changes to plans or specifications after a
13 permit has been issued to provide certain information
14 to the permitholder; providing that a building code
15 administrator, inspector, or plans reviewer is subject
16 to disciplinary action under certain circumstances ;
17 amending s. 633.208, F.S.; requiring local fire
18 officials to provide certain information to a permit
19 applicant if building plans do not comply with the
20 Florida Fire Prevention Code or Life Safety Code;
21 prohibiting a municipality, county, or special
22 district from making or requiring substantive changes
23 to building plans after a permit has been issued;
24 providing exceptions; requiring a local fire official
25 to provide certain information to the permitholder if
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26 a municipality, county, or special district requires
27 substantive changes to building plans after a permit
28 is issued; providing that a local fire official who is
29 a certified firesafety inspector is subject to
30 disciplinary action under certain circumstances;
31 providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Paragraph (f) of subsection (3) of section
36 489.105, Florida Statutes, is amended to read:
37 489.105 Definitions.—As used in this part:
38 (3) "Contractor" means the person who is qualified for,
39 and is only responsible for, the project contracted for and
40 means, except as exempted in this part, the person who, for
41 compensation, undertakes to, submits a bid to, or does himself
42 or herself or by others construct, repair, alter, remodel, add
43 to, demolish, subtract from, or improve any building or
44 structure, including related improvements to real estate, for
45 others or for resale to others; and whose job scope is
46 substantially similar to the job scope described in one of the
47 paragraphs of this subsection. For the purposes of regulation
48 under this part, the term "demolish" applies only to demolition
49 of steel tanks more than 50 feet in height; towers more than 50
50 feet in height; other structures more than 50 feet in height;
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HB 89 2023
51 and all buildings or residences. Contractors are subdivided into
52 two divisions, Division I, consisting of those contractors
53 defined in paragraphs (a)-(c), and Division II, consisting of
54 those contractors defined in paragraphs (d)-(q):
55 (f) "Class A air-conditioning contractor" means a
56 contractor whose services are unlimited in the execution of
57 contracts requiring the experience, knowledge, and skill to
58 install, maintain, repair, fabricate, alter, extend, or design,
59 if not prohibited by law, central air-conditioning,
60 refrigeration, heating, and ventilating systems, including duct
61 work in connection with a complete system if such duct work is
62 performed by the contractor as necessary to complete an air-
63 distribution system, boiler and unfired pressure vessel systems,
64 and all appurtenances, apparatus, or equipment used in
65 connection therewith, and any duct cleaning and equipment
66 sanitizing that requires at least a partial disassembling of the
67 system; to install, maintain, repair, fabricate, alter, extend,
68 or design, if not prohibited by law, piping, insulation of
69 pipes, vessels and ducts, pressure and process piping, and
70 pneumatic control piping; to replace, disconnect, or reconnect
71 power wiring, breakers, or fuses on the line load side of the
72 dedicated existing electrical circuit disconnect switch; to
73 replace, disconnect, or reconnect air-conditioning disconnect
74 switches and boxes; to install, disconnect, and reconnect low
75 voltage heating, ventilating, and air-conditioning control
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HB 89 2023
76 wiring; and to install a condensate drain from an air -
77 conditioning unit to an existing safe waste or other approved
78 disposal other than a direct connection to a sanitary system.
79 The scope of work for such contractor also includes any
80 excavation work incidental thereto, but does not include any
81 work such as liquefied petroleum or natural gas fuel lines
82 within buildings, except for disconnecting or reconnecting
83 changeouts of liquefied petroleum or natural gas appliances
84 within buildings; potable water lines or connections thereto;
85 sanitary sewer lines; swimming pool piping and filters; or
86 electrical power wiring. A Class A air-conditioning contractor
87 may test and evaluate central air-conditioning, refrigeration,
88 heating, and ventilating systems, including duct work; however,
89 a mandatory licensing requirement is not established for the
90 performance of these specific services.
91 Section 2. Subsection (2) of section 553.79, Florida
92 Statutes, is amended to read:
93 553.79 Permits; applications; issuance; inspections. —
94 (2)(a)1. Except as provided in subsection (8), an
95 enforcing agency may not issue any permit for construction,
96 erection, alteration, modification, repair, or demolition of any
97 building or structure until the local building code
98 administrator or inspector has reviewed the plans and
99 specifications required by the Florida Building Code, or local
100 amendment thereto, for such proposal and found the plans to be
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101 in compliance with the Florida Building Code. If the local
102 building code administrator or inspector finds that the plans
103 are not in compliance with the Florida Building Code, the local
104 building code administrator or inspector shall identify the
105 specific plan features that do not comply with the applicable
106 codes, identify the specific code chapters and sections upon
107 which the finding is based, and provide this information to the
108 local enforcing agency. If the building code administrator or
109 inspector requests another person to review the plans and such
110 person identifies specific plan features that do not comply with
111 the applicable codes, the building code administrator or
112 inspector must provide this information to the local enforcing
113 agency. The local enforcing agency shall provide this
114 information to the permit applicant.
115 2. In addition, An enforcing agency may not issue any
116 permit for construction, erection, alteration, modification,
117 repair, or demolition of any building until the appropriate
118 firesafety inspector certified pursuant to s. 633.216 has
119 reviewed the plans and specifications required by the Florida
120 Building Code, or local amendment thereto, for such proposal and
121 found that the plans comply with the Florida Fire Prevention
122 Code and the Life Safety Code. Any building or structure which
123 is not subject to a firesafety code shall not be required to
124 have its plans reviewed by the firesafety inspector.
125 3. Any building or structure that is exempt from the local
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HB 89 2023
126 building permit process may not be required to have its plans
127 reviewed by the local building code administrator. Industrial
128 construction on sites where design, construction, and firesafety
129 are supervised by appropriate design and inspection
130 professionals and which contain adequate in-house fire
131 departments and rescue squads is exempt, subject to local
132 government option, from review of plans and inspections,
133 providing owners certify that applicable codes and stan dards
134 have been met and supply appropriate approved drawings to local
135 building and firesafety inspectors.
136 4. The enforcing agency shall issue a permit to construct,
137 erect, alter, modify, repair, or demolish any building or
138 structure when the plans and specifications for such proposal
139 comply with the Florida Building Code and the Florida Fire
140 Prevention Code and the Life Safety Code as determined by the
141 local authority in accordance with this chapter and chapter 633.
142 (b) After the local enforcing agency issues a permit, the
143 local enforcing agency may not make or require any substantive
144 changes to the plans or specifications except changes required
145 for compliance with the Florida Building Code, the Florida Fire
146 Prevention Code, or the Life Safety Code, or local amendments
147 thereto. If a local enforcing agency makes or requires
148 substantive changes to the plans or specifications after a
149 permit is issued, the local enforcing agency must identify the
150 specific plan features that do not comply with the applicable
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151 codes, identify the specific code chapters and sections upon
152 which the finding is based, and provide the information to the
153 permitholder.
154 (c)1. A plans reviewer or inspector who fails to provide
155 the building code administrator with the reasons for making or
156 requiring substantive changes to the plans or specifications is
157 subject to disciplinary action against his or her certificate
158 under s. 468.621(1)(i).
159 2. A building code administrator who fails to provide a
160 permit applicant or permitholder with the reasons for making or
161 requiring substantive changes to the plans or specifications is
162 subject to disciplinary action against his or her certificate
163 under s. 468.621(1)(i).
164 Section 3. Subsection (2) of section 633.208, Florida
165 Statutes, is amended to read:
166 633.208 Minimum firesafety standards.—
167 (2)(a) Pursuant to subsection (1), each municipality,
168 county, and special district with firesafety responsibilities
169 shall enforce the Florida Fire Prevention Code as the minimum
170 firesafety code required by this section.
171 (b) If a municipality, county, or special district
172 determines that the building plans for a building permit
173 application do not comply with the Florida Fire Prevention Code
174 or Life Safety Code, or local amendments thereto, the local fire
175 official must identify the specific plan features that do not
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176 comply with the applicable codes, identify the specific code
177 chapters and sections upon which the determination is based, and
178 provide this information to the permit applicant.
179 (c) After a municipality, county, or special district
180 issues a building permit, it may not make or require any
181 substantive changes to the building plans except those required
182 for compliance with the Florida Fire Prevention Code or Life
183 Safety Code, or local amendments thereto. If a municipality,
184 county, or special district makes or requires substantive
185 changes to building plans after a permit is issued, the local
186 fire official must identify the specific plan features that do
187 not comply with the Florida Fire Prevention Code or Life Safety
188 Code, or local amendments thereto, identify the specific code
189 chapters and sections upon which the finding is based, and
190 provide this information to the permitholder.
191 (d) A local fire official, who is also a certified
192 firesafety inspector, who fails to comply with paragraph (b) or
193 paragraph (c) is subject to disciplinary action against his or
194 her certificate under s. 633.216(6)(f).
195 Section 4. This act shall take effect July 1, 2023.
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hb0089-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 89 by Rep. Maggard
Building Construction
AMENDMENT SUMMARY
March 9, 2023
Amendment 1 by Rep. Maggard (line 35):
• Clarifies when a Class A A/C contractor may work on the line side, specifying that they
may work on the line side of the switch, but not on the main breaker.
• Allows mechanical contractors to perform the same limited work on the line side.
• Clarifies that if a person or employee other than a building official, plans examiner, or
inspector identifies a specific issue with building plans, the information must be given to
the permit applicant.
• Requires written notice to be given to the permit applicant when the plans do not meet
the Building Code.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 89 (2023)
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 Economic Development Subcommittee
3 Representative Maggard offered the following:
4
5 Amendment
6 Remove lines 35-153 and insert:
7 Section 1. Paragraphs (f) and (i) of subsection (3) of
8 section 489.105, Florida Statutes, is amended to read:
9 489.105 Definitions.—As used in this part:
10 (3) "Contractor" means the person who is qualified for,
11 and is only responsible for, the project contracted for and
12 means, except as exempted in this part, the person who, for
13 compensation, undertakes to, submits a bid to, or does himself
14 or herself or by others construct, repair, alter, remodel, add
15 to, demolish, subtract from, or improve any building or
16 structure, including related improvements to real estate, for
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 89 (2023)
Amendment No. 1
17 others or for resale to others; and whose job scope is
18 substantially similar to the job scope described in one of the
19 paragraphs of this subsection. For the purposes of regu lation
20 under this part, the term "demolish" applies only to demolition
21 of steel tanks more than 50 feet in height; towers more than 50
22 feet in height; other structures more than 50 feet in height;
23 and all buildings or residences. Contractors are subdivided into
24 two divisions, Division I, consisting of those contractors
25 defined in paragraphs (a)-(c), and Division II, consisting of
26 those contractors defined in paragraphs (d)-(q):
27 (f) "Class A air-conditioning contractor" means a
28 contractor whose services are unlimited in the execution of
29 contracts requiring the experience, knowledge, and skill to
30 install, maintain, repair, fabricate, alter, extend, or design,
31 if not prohibited by law, central air-conditioning,
32 refrigeration, heating, and ventilating systems, including duct
33 work in connection with a complete system if such duct work is
34 performed by the contractor as necessary to complete an air-
35 distribution system, boiler and unfired pressure vessel systems,
36 and all appurtenances, apparatus, or equipment used in
37 connection therewith, and any duct cleaning and equipment
38 sanitizing that requires at least a partial disassembling of the
39 system; to install, maintain, repair, fabricate, alter, extend,
40 or design, if not prohibited by law, piping, insulation of
41 pipes, vessels and ducts, pressure and process piping, and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 89 (2023)
Amendment No. 1
42 pneumatic control piping; to replace, disconnect, or reconnect
43 power wiring, breakers, or fuses on the load side of the
44 dedicated existing electrical circuit disconnect switch; to
45 replace, disconnect, or reconnect power wiring, breakers, or
46 fuses on the line side directly connected to the dedicated
47 existing electrical circuit disconnect switch and not the main
48 breaker; to replace, disconnect, or reconnect air-conditioning
49 disconnect switches and boxes; to install, disconnect, and
50 reconnect low voltage heating, ventilating, and air -conditioning
51 control wiring; and to install a condensate drain from an air -
52 conditioning unit to an existing safe waste or other approved
53 disposal other than a direct connection to a sanitary system.
54 The scope of work for such contractor also includes any
55 excavation work incidental thereto, but does not include any
56 work such as liquefied petroleum or natural gas fuel lines
57 within buildings, except for disconnecting or reconnecting
58 changeouts of liquefied petroleum or natural gas appliances
59 within buildings; potable water lines or connections thereto;
60 sanitary sewer lines; swimming pool piping and filters; or
61 electrical power wiring. A Class A air-conditioning contractor
62 may test and evaluate central air-conditioning, refrigeration,
63 heating, and ventilating systems, including duct work; however,
64 a mandatory licensing requirement is not established for the
65 performance of these specific services.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 89 (2023)
Amendment No. 1
66 (i) "Mechanical contractor" means a contractor whose
67 services are unlimited in the execution of contracts requiring
68 the experience, knowledge, and skill to install, maintain,
69 repair, fabricate, alter, extend, or design, if not prohibited
70 by law, central air-conditioning, refrigeration, heating, and
71 ventilating systems, including duct work in connection with a
72 complete system if such duct work is performed by the contractor
73 as necessary to complete an air-distribution system, boiler and
74 unfired pressure vessel systems, lift station equipment and
75 piping, and all appurtenances, apparatus, or equipment used in
76 connection therewith, and any duct cleaning and equipment
77 sanitizing that requires at least a partial disassembling of the
78 system; to install, maintain, repair, fabricate, alter, extend,
79 or design, if not prohibited by law, piping, insulation of
80 pipes, vessels and ducts, pressure and process piping, pneumatic
81 control piping, gasoline tanks and pump installations and piping
82 for same, standpipes, air piping, vacuum line piping, oxygen
83 lines, nitrous oxide piping, ink and chemical lines, fuel
84 transmission lines, liquefied petroleum gas lines within
85 buildings, and natural gas fuel lines within buildings; to
86 replace, disconnect, or reconnect power wiring, breakers, or
87 fuses on the load side of the dedicated existing electrical
88 circuit disconnect switch; to replace, disconnect, or reconnect
89 power wiring, breakers, or fuses on the line side directly
90 connected to the dedicated existing electrical circuit
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 89 (2023)
Amendment No. 1
91 disconnect switch and not the main breaker; to replace,
92 disconnect, or reconnect air-conditioning disconnect switches
93 and boxes; to install, disconnect, and reconnect low voltage
94 heating, ventilating, and air-conditioning control wiring; and
95 to install a condensate drain from an air-conditioning unit to
96 an existing safe waste or other approved disposal other than a
97 direct connection to a sanitary system. The scope of work for
98 such contractor also includes any excavation work incidental
99 thereto, but does not include any work such as potable water
100 lines or connections thereto, sanitary sewer lines, swimming
101 pool piping and filters, or electrical power wiring. A
102 mechanical contractor may test and evaluate central air -
103 conditioning, refrigeration, heating, and ventilating systems,
104 including duct work; however, a mandatory licensing requirement
105 is not established for the performance of these specific
106 services.
107 Section 2. Subsection (2) of section 553.79, Florida
108 Statutes, is amended to read:
109 553.79 Permits; applications; issuance; inspections. —
110 (2)(a)1. Except as provided in subsection (8), an
111 enforcing agency may not issue any permit for construction,
112 erection, alteration, modification, repair, or demolition of any
113 building or structure until the local building code
114 administrator or inspector has reviewed the plans and
115 specifications required by the Florida Building Code, or local
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 89 (2023)
Amendment No. 1
116 amendment thereto, for such proposal and found the plans to be
117 in compliance with the Florida Building Code. If the local
118 building code administrator or inspector finds that the plans
119 are not in compliance with the Florida Building Code, the local
120 building code administrator or inspector shall identify the
121 specific plan features that do not comply with the applicable
122 codes, identify the specific code chapters and sections upon
123 which the finding is based, and provide this information to the
124 local enforcing agency. If the building code administrator,
125 plans examiner, or inspector requests another local enforcing
126 agency employee or a person contracted by the local enforcement
127 agency to review the plans and such employee or person
128 identifies specific plan features that do not comply with the
129 applicable codes, the building code administrator, plans
130 examiner, or inspector, must provide this information to the
131 local enforcing agency. The local enforcing agency shall provide
132 this information to the permit applicant.
133 2. In addition, An enforcing agency may not issue any
134 permit for construction, erection, alteration, modification,
135 repair, or demolition of any building until the appropriate
136 firesafety inspector certified pursuant to s. 633.216 has
137 reviewed the plans and specifications required by the Florida
138 Building Code, or local amendment thereto, for such proposal and
139 found that the plans comply with the Florida Fire Prevention
140 Code and the Life Safety Code. Any building or structure which
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 89 (2023)
Amendment No. 1
141 is not subject to a firesafety code shall not be required to
142 have its plans reviewed by the firesafety inspector.
143 3. Any building or structure that is exempt from the local
144 building permit process may not be required to have its plans
145 reviewed by the local building code administrator. Industrial
146 construction on sites where design, construction, and firesafety
147 are supervised by appropriate design and inspection
148 professionals and which contain adequate in-house fire
149 departments and rescue squads is exempt, subject to local
150 government option, from review of plans and inspections,
151 providing owners certify that applicable codes and standards
152 have been met and supply appropriate approved drawings to local
153 building and firesafety inspectors.
154 4. The enforcing agency shall issue a permit to construct,
155 erect, alter, modify, repair, or demolish any building or
156 structure when the plans and specifications for such proposal
157 comply with the Florida Building Code and the Florida Fire
158 Prevention Code and the Life Safety Code as determined by the
159 local authority in accordance with this chapter and chapter 633.
160 (b) After the local enforcing agency issues a permit, the
161 local enforcing agency may not make or require any substantive
162 changes to the plans or specifications except changes required
163 for compliance with the Florida Building Code, the Florida Fire
164 Prevention Code, or the Life Safety Code, or local amendments
165 thereto. If a local enforcing agency makes or requires
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 89 (2023)
Amendment No. 1
166 substantive changes to the plans or specifications after a
167 permit is issued, the local enforcing agency must identify the
168 specific plan features that do not comply with the applicable
169 codes, identify the specific code chapters and sections upon
170 which the finding is based, and provide the information to the
171 permitholder in writing.
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HB 221
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 221 Sales of Firearms and Ammunition
SPONSOR(S): Snyder and others
TIED BILLS: IDEN./SIM. BILLS: SB 214
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Mortellaro Anstead
Subcommittee
2) Agriculture & Natural Resources Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
A Merchant Category Code (MCC) is a code used by credit card payment associations that categorizes where
a credit card purchase is made without showing the specific items that were purchased. Payment organizations
use the MCC codes to classify different merchants and businesses by goods or services so that they can track
and restrict transactions, report taxes, interchange promotions, gather information on purchasing behaviors, file
reports with the Internal Revenue Service (IRS), determine rewards, identify high-risk business models and
prohibited business types, and track customer spending.
Historically, MCCs have allowed retailers who sell firearm and ammunition to be categorized under general
retail or sporting goods stores. Recently, the International Organization for Standardization (ISO) updated the
MCC and created a new MCC for firearm and ammunition retailers. Some argue that the information gathered
from the use of this new code could be construed as a firearm registry maintained by private entities.
The bill:
Prohibits payment settlement entities, merchant acquiring entities, or third-party settlement
organizations from classifying merchants or assigning them with an MCC that identifies them as sellers
of firearms or ammunition; and
Authorizes the Department of Agriculture and Consumer Services (DACS) to conduct investigations of
alleged violations and bring an administrative action seeking to impose a Class III administrative fine for
violations.
The fiscal impact on state government is unknown.
The effective date of the bill is July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0221.RRS
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation of Merchant Category Codes When Purchasing Firearms
Merchant Category Codes
The International Organization for Standardization (ISO) is an independent, non-governmental
organization that develops international standards. One of the standards that the ISO created are the
Merchant Category Codes (MCC). The MCCs are used by Mastercard, Visa, Amex, and other major
card payment organizations.1 The MCCs are a 4-digit number that is assigned to a merchant by an
acquiring bank in compliance with the card association. Once the business opens a merchant account
with the MCC, the business is classified by that market segment and it allows the business to begin
accepting credit cards as a form of payment.2
Payment organizations use the MCC codes to classify different merchants and businesses by the
goods or services they offer so that they can track and restrict transactions, report taxes, interchange
promotions, gather information on purchasing behaviors, file reports with the Internal Revenue Service
(IRS), determine rewards, identify high-risk business models and prohibited business types, and track
customer spending.3
Merchant Category Codes in Relation to Firearms
An MCC shows where the purchase is made, but it does not show the specific items that were
purchased. Each credit card network has its own master list of MCCs. There are many codes that are
being standardized based on the ISO standard, but some financial organizations, third party settlement
organizations, or processors have their own MCC lists. 4
Historically, retailers who sell firearms and ammunition have been assigned an MCC of general retail
stores or sporting goods stores.5 On September 7, 2022, the ISO approved an application by a New
York-based bank to adopt a new MCC for firearm retailers, which includes a gun code for “gun and
ammunition shops.”6 MCCs adopted by the ISO are not required to be used, but card associations like
Visa, MasterCard, and American Express, have all agreed to use the new MCC. 7 However, Visa and
MasterCard have not yet updated their lists to include the new MCC for firearm retailers. 8
1 The ISO, About Us & Retail financial services – Merchant category codes, https://www.iso.org/about-
us.html#:~:text=ISO%20is%20an%20independent%2C%20non -
governmental%20international%20organization%20with,support%20innovation%20and%20provide%20solutions%20to%20g lobal%
20challenges (last visited Feb. 28, 2023).
2 Dwyer, B., CardFellow, Merchant Category Code: Reporting & Rates (2020) , Apr. 6, 2020,
https://www.cardfellow.com/blog/merchant-category-code-mcc/ (last visited Feb. 28, 2023).
3 Citi, Merchant Category Codes, Treasury and Trade Solutions, available at https://www.citibank.com/tts/solutions/commercial-
cards/assets/docs/govt/Merchant-Category-Codes.pdf (last visited Feb. 28, 2023).
4 Motola, C., Merchant Maverick, Merchant Category Codes (MCC): All You Need to Know , May 26, 2021,
https://www.merchantmaverick.com/ merchant-category-code-mcc/ (last visited Feb. 28, 2023).
5 Kerber, R., Reuters, Global Standards Body Approves New Merchant code for Gun Sellers, Sept. 9, 2022,
https://www.reuters.com/world/exclusive-global-standards-body-approves-new-merchant-code-gun-sellers-2022-09-09/ (last visited
Feb. 28, 2023).
6 See id at The ISO.
7 Mion, L., Fox Business, Visa, MasterCard, Amex, to Categorize Gun Store Sales Separately, Sept. 11, 2022,
https://www.foxbusiness.com/economy/visa-mastercard-amex-categorize-gun-store-sales-separately (last visited Mar. 1, 2023).
8 Visa MCC Manual; MasterCard, Quick Reference Booklet – Merchant Edition, Nov. 15, 2018,
https://www.mastercard.us/content/dam/mccom/en-us/documents/rules/quick-reference-booklet-merchant-edition.pdf (last visited Feb.
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17, 2023) (In Visa’s and MasterCard’s MCC lists, noting firearms under codes 5099 and 5999, for durable goods (not elsewhere
classified) and miscellaneous and specialty retail shops, respectively).
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Advocates in support of the new MCC note that this helps to identify and report suspicious activity, such
as unusually large purchases of weapons or ammunition. 9 Opponents of the new MCC, have concerns
that the new MCC may be too close to a national registry for gun owners.10
On September 20, 2022, twenty-four attorneys general, including the Florida Attorney General, sent a
letter to Visa, MasterCard, and American Express, expressing concerns about the possibility to misuse
the new MCC by tracking data which could infringe upon consumers privacy. In addition, they stated it
could result in “arbitrary disparate treatment” of firearm retailers and consumers because the new MCC
would only capture firearm purchases from gun retailers but not from department stores.11
Current Situation of Credit Card Laws
Relevant Federal Credit Card Laws
Anti-money Laundering Laws
Anti-money Laundering Laws, aim to detect and prevent money laundering and deter financial criminal
activity.12 One provision in these laws, authorizes the Secretary of the Treasury to require any financial
institution or those related to financial institutions, to report any suspicious transactions. 13 Banks,
federally and non-federally regulated, are required to establish anti-money laundering programs which
must meet specified requirements.14 This includes ongoing monitoring to identify and report suspicious
activity and transactions.15 The U.S. Department of Homeland Security website contains “Signs of
Suspicious Activity” which displays images and a description of categories for signs of suspicious
activities, one of which is firearm related.16
Internal Revenue Code
Payment settlement entities are required to make an annual return to the Internal Revenue Service
(IRS) which contains, the gross amount of the reportable payment transactions 17 for each participating
payee.18 The Secretary has the authority to determine the time, form, and manner in which the return
must be made,19 and is reported through Form 1099-K. The form contains a box to report the MCC
assigned to the participating payee. The MCC may be excluded from the form if the filing entity uses an
industry classification system other than or in addition to MCCs or is a third-party settlement
organization.20 Broadly speaking, the MCCs classify businesses based on what they predominately
furnish, services or goods. Payments for services are reportable whereas payments for goods are not
reportable.21
Relevant Florida Credit Card Laws
Relevant Florida laws that relate to credit cards 22 are contained in the Financial Institutions Code and
the Consumer Protection Act.23 Florida’s Credit Card Bank Act provides that a credit card account
between a domestic lender or credit card bank and a borrower must be governed by the laws of Florida
or federal law unless otherwise expressly agreed in writing by the parties but such writing may not
supersede the interest rate provisions of s. 655.954, F.S.24 Florida consumer protection laws set out a
limited number of protections relating to credit cards, such as provisions relating to issuing credit cards,
imposing a surcharge, or printing certain information on a merchant’s receipt. 25 No provisions were
identified that explicitly restrict or address the use of MCCs.
Similar Pending Legislation in Other States Related to MCCs
Pending legislation that addresses similar issues:
Kentucky HB 221: Purchases from Licensed Gun Creates a new section to prohibit credit card
Dealers (2023) companies, financial institutions, or other persons
from using an MCC or other method that categorizes
purchases from licensed gun dealers separately from
other retailers. 26
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Mississippi HB 1110: Second Amendment Prohibits a financial institution or its agent from
Financial Privacy Act (2023) - PASSED requiring or “assigning” a specific firearm or
ammunition merchant code to any firearms business
located in Mississippi. 27
Texas HB 2041: Notice to Consumers Regarding Requires notice given to consumers when a financial
Firearm or Ammunition Transactions (2023-2024) institution generates or collects prohibited firearm or
ammunition purchase
information. 28
West Virginia SB 555: Prohibiting Banks and Prohibits banks and payment networks from tracking
Payment Networks from Tracking Firearm-related firearm-related data and outlines penalties regarding
Data and Outlining Penalties (2023) the state and local purchasing card contract if banks
and payment networks track firearm-related data. 29
Current Situation Firearms Records
Background
The Second Amendment states “a well-regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed.” 30 As with many amendments in
the Constitution, the courts have had to evaluate how far the right extends. The Supreme Court has
determined that the individual right to keep and bear arms is not unlimited. 31 Many cases have
evaluated the right to bear arms, how far the right extends, and the records that can be kept regulating
gun owners. 32
9 CBS New York Team, CBS New York, New York Leaders Call for Establishment of Merchant Category Code for Gun and
Ammunition Stores, Aug. 30, 2022, https://www.cbsnews.com/newyork/news/new-york-gun-ammunition-store-merchant-category-
code/#:~:text=August%2030%2C%202022%20%2F%207%3A 44%20PM%20%2F%20CBS,merchant%20category%20code%2 0for
%20gun%20and%20ammunit ion%20stores (last visited Mar. 1, 2023).
10 Marek, L. Industry Dive. Visa Raises Concerns on New Gun Code, Sept. 14, 2022, https://www.paymentsdive.com/news/visa-
concerns-new-gun-code-payments-nra/631845/ (last visited Mar. 1, 2023).
11 Skrmetti, J. and others, Letter from Attorneys General to Card Associations regarding MCCs, Tennessee State Government,
International Organization for Standardization (ISO), https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-36-
letter.pdf (last visited Mar. 1, 2023).
12 31 U.S.C. s. 5311(2) and (3).
13 31 U.S.C. s. 5318(g)(1).
14 31 C.F.R. 1020.210.
15 31 C.F.R. 1020.10(a)(2)(v)(B) and (b)(2)(v)(B).
16 The United States Department of Homeland Security, Recognize Suspicious Activity, https://www.dhs.gov/see-something-say-
something/recognize-the-signs (last visited Mar. 1, 2023).
17 26 U.S.C. s. 6050W(c) defines “reportable payment transaction” as any pay ment card or third-party network transaction.
18 26 U.S.C. s. 6050W(a).
19 Id.
20 IRS, Instructions for Form 1099-K (01/2022), Jan. 2022, https://www.irs.gov/pub/irs -pdf/i1099k.pdf (last visited Mar. 1, 2023).
21 Id.
22 S. 658.995(2)(a), F.S.
23 S. 655.005(1)(i), F.S.
24 S. 658.995(2)(d), F.S.
25 S. 658.995(3), F.S.
26 KY HB 221.
27 Mike Maharrey, Mississippi House Passes Bill to Prohibit Using Credit Card Information to Track Firearms Purchases, Tenth
Amendment Center, Feb. 13, 2023, https://blog.tenthamendmentcenter.com/2023/02/mississippi-house-passes-bill-to-prohibit-using-
credit-card-information-to-track-firearms-
purchases/#:~:text=Titled%20the%20Second%20Amend ment%20Financial%20Privacy%20Act%2C%20the,code%20to%20any%20f
irearms%20business%20located%20in%20Mississippi (last visited Mar. 1, 2023).
28 TX HB 2041.
29 WV SB 555.
30 U.S. Const. am. 2.
31 Heller v. District of Columbia, 670 F. 3d 1244, 1254-55 (D.C.Cir.2011).
32 New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 213 L. Ed. 2d 387, 142 S. Ct. 2111 (2022).
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Federal Records Requirements
In 1938, the Federal Firearms Act33 created a regulation for those selling certain firearms. Firearm
sellers were required to obtain a Federal Firearms License to maintain records with the name and
address of those who bought a firearm.34
Following the assassinations of President John F. Kennedy, Senator Robert Kennedy, and Dr. Martin
Luther King, Jr., Congress passed the Gun Control Act of 1968 (GCA). 35 The GCA required individuals
engaged in the business of dealing in firearms to obtain a federal license, prohibited transfers of
firearms to certain persons, restricted the interstate transportation, and regulated the importation not
suitable for sporting purposes.
Persons engaged in the business of manufacturing, importing, or dealing in firearms - referred to as
"federal firearms licensees" (FFLs) - must obtain a license from the Secretary of the Treasury. The
license entitles the holder to ship, transport, and receive firearms in interstate or foreign commerce.
The FFL must maintain records of all acquisitions and dispositions of firearms and comply with
applicable state and local laws in transferring firearms. The recordkeeping requirements help allow
some crime guns to be traced. Combined with other obligations and restrictions imposed on firearms
dealers, manufacturers, and importers, these requirements help provide a basis for investigating illegal
firearms trafficking.36
In 1986, the Firearm Owners’ Protection Act (FOPA) 37 passed which amended many provisions in the
Gun Control Act of 1968.38 Congress loosened several controls it had previously established in the
GCA, including records requirements.39
The provisions that prohibit any rule or regulation from requiring records to be kept related to
firearms also prohibits those records from being recorded or transferred to a facility owned,
managed, or controlled by the United States, any State, or any political subdivision. FOPA also
directly prohibits any registration systems of firearms, firearm owners, or firearms transactions from
being established. However, the Secretary can inquire into a firearm in the course of a criminal
investigation.40
The law requires a licensed importer, manufacturer, or dealer to handle records of firearms
transactions and national instant criminal background checks in a certain manner.41 In certain instances
the criminal background check system must destroy all records.42 In other instances, the dealer
33 15 U.S.C. s. 901-910.
34 Robert Longley, Timeline of Gun Control in the United States, ThoughtCo, Jan. 8, 2023, https://www.thoughtco.com/us -gun-
control-timeline-3963620 (last visited Mar. 1, 2023).
35 P.L. 90-351, OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968, Senate Report (Judiciary Committee) No. 90-
1097, Apr. 29, 1968.
36 The Enforcement Branch of the Alcohol and Tobacco Tax Division of the Internal Revenue Service initially enforced the GCA. O n
July 1, 1972, the Bureau of Alcohol, Tobacco and Firearms (ATF) was created as an independen t Bureau within the Treasury
Department.
37 18 U.S.C ch. 44 s. 921 et seq.
38 18 U.S.C. ch. 44 s. 921 (amended)
39 Id. See Gun Violence Reduction: National Integrated Firearms Violence Reduction Strategy Appendix C, History Of Federal
Firearms Laws In The United States,
https://www.justice.gov/archive/opd/AppendixC.htm#:~:text=Kennedy%2C%20Se nator%20Robert%20Kennedy%2C%20and,the%20
federal%20regulation%20of%20firearms . (It also opened up certain loopholes allowing gun sales from people that are not dealers.
Allowing FFLs to temporarily conduct business at gun shows; narrowing the scope of those who are required to be licensed: "hobby,"
or who "sell all or part of a personal collection;" reducing the criminal penalties for certain recordkeeping offenses; prohibiting ATF
from computerizing firearms purchase records; permitting sales of ammunition without a license; allowing a convicted felon to obtain
firearms where the convicting jurisdiction automatically restored the felons' civil rights.)
40 18 U.S.C. s. 926(a).
41 18 U.S.C. s. 922(t).
42 18 U.S.C. s. 922(t)(2).
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through the attorney general must report certain information, such as the identity of the person, to the
local law enforcement authority.43
Florida Firearm Regulations
The Florida Constitution guarantees:
SECTION 8. Right to bear arms.—
(a) The right of the people to keep and bear arms in defense of themselves and of the
lawful authority of the state shall not be infringed, except that the manner of bearing arms
may be regulated by law.
(b) There shall be a mandatory period of three days, excluding weekends and legal
holidays, between the purchase and delivery at retail of any handgun. ….”44
Generally, a person does not need a license to possess or use a firearm in Florida. However, a person
is prohibited from openly carrying a firearm on or about his or her person unless the person is a law
enforcement officer or engaged in certain activities, such as hunting, camping, or military service.45,46
Florida Records Related Requirements
The Department of Agriculture and Consumer Services (DACS) is in charge of issuing a concealed
weapon or firearm license to a person who meets the specified qualifications under s. 790.06, F.S.47
Personal identifying information for applicants or concealed weapons licensees are confidential and
exempt from public records disclosure requirements under s. 119.07(1), F.S., and s. 24(a), Art. 1 of the
State Constitution.48
Any records pertaining to a buyer or transferee who is not prohibited from receipt or transfer of a
firearm under federal or Florida law and whose records are created by the Florida Department of Law
Enforcement (FDLE) to conduct the criminal history record check are confidential and exempt. These
records may not be disclosed by the FDLE to any person or to another agency. The FDLE must
destroy these records after communicating the approval or non-approval numbers to the licensee and
no later than 48 hours after responding to the licensee’s request.49 However, the FDLE may maintain
records of National Crime Information Center transactions as required under federal law, and may
keep:
A log of dates of requests for criminal history records checks; 50
Unique approval and non-approval numbers;
License identification numbers; and
Transaction numbers corresponding to such dates for a period of no longer than 2 years or as
otherwise required by law.
These provisions may not be construed to allow the State of Florida to maintain records containing the
names of purchasers or transferees who receive unique approval numbers or to keep records of firearm
transactions.51 Any current or former officer or employee of the FDLE or law enforcement agency who
intentionally or maliciously violates these provisions is guilty of a third-degree felony.52
Effect of the Bill
43 18 U.S.C. s. 925B(a).
44 Art. I, s. 8(a), FLA. CONST .
45 S. 790.053(3), F.S.
46 S. 790.053(1), F.S.
47 S. 790.06(2), F.S.
48 S. 790.0601(1), F.S.
49 S. 790.065(4)(a), F.S.
50 S. 790.065(4)(b), F.S.
51 S. 790.065(4)(c), F.S.
52 S. 790.065(4)(d), F.S.
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The bill includes legislative findings indicating that MCC codes, without a “substantial and historical
business need” or requirement imposed by law, may frustrate the right to keep and bear arms and
violate the reasonable privacy rights of lawful purchasers of firearms and ammunition.
The bill prohibits a payment settlement entity,53 merchant acquiring entity,54 or a third-party settlement
organization55 from classifying those who sell firearms or ammunition “separately from general
merchandise or sporting goods retailers” under an MCC.
The bill authorizes DACS to:
Investigate alleged violations; and
Bring an administrative action seeking to impose a class III $10,000 fine56 for each violation.
The effective date of the bill July 1, 2023.
B. SECTION DIRECTORY:
Section 1: amends s. 790.335(1)(a), F.S., to include an additional Legislative finding; adds s.
790.335(2)(b), F.S., related to prohibitions; amends the penalties in 790.335(4);
authorizes DACS to investigate, and bring an administrative action and impose a Class
III $10,000 fine.
Section 2: provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Indeterminate. The Florida Department of Agriculture and Consumer Services (FDACS) would be
granted statutory authority under this bill to investigate alleged violations of the MCC. FDACS would
also be empowered to bring an administrative action and impose a Class III administrative fine for
each violation. The office of Agricultural Law Enforcement (OALE) Regulatory Investigation Section
would be in charge of investigating the unlawfully classified retailer violations and the Office of
General Counsel would initiate and litigate the administrative actions. Currently, FDACS is not able
to estimate fiscal impact on the department.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
53 26 U.S.C. s. 6050W(d)(1)(A). The merchant acquiring entity or third-party settlement organization.
54 26 U.S.C. s. 6050W(b)(2). The bank or other entity that has the contractual obligation to pay merchants in settlement of cred it card
transactions.
55 26 U.S.C. s. 6050W(b)(3). The organization which has the contractual obligation to pay merchants of third -party network
transactions, such as PayPal, Venmo, or CashApp.
56 S. 570.971(1)(c), F.S.
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None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill may require DACS to create rules related to regulatory investigations. 57
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
57 S. 493.6103, F.S.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 221 2023
1 A bill to be entitled
2 An act relating to sales of firearms and ammunition;
3 amending s. 790.335, F.S.; providing legislative
4 findings; prohibiting payment settlement entities,
5 merchant acquiring entities, or third party settlement
6 organizations from assigning merchant category codes
7 or otherwise classifying merchants of firearms or
8 ammunition separately from general merchandise or
9 sporting goods retailers; authorizing the Department
10 of Agriculture and Consumer Services to investigate
11 certain alleged violations and bring administrative
12 actions; providing an exception to complaint
13 investigations by state attorneys; making technical
14 changes; providing an effective date.
15
16 WHEREAS, the International Standards Organization, based in
17 Switzerland, recently approved a new merchant category code for
18 firearm and ammunition merchants, and
19 WHEREAS, firearm and ammunition merchants historically have
20 been classified as sporting goods retailers or general
21 merchandise retailers, which has been sufficient for credit card
22 companies' business needs, and
23 WHEREAS, according to advocates for the new merchant
24 category code, the new code will allow credit card companies to
25 flag "suspicious" transactions, ostensibly for the purpose of
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26 predicting and preventing future gun violence, and
27 WHEREAS, proponents indicate that the new merchant category
28 code is a "first step" but have given no guidance as to how to
29 distinguish suspicious activity from lawful sales, an d
30 WHEREAS, the use of either merchant category code cannot
31 distinguish the sale of a firearm from the sale of a gun safe by
32 a firearms and ammunition merchant, and
33 WHEREAS, the use of the new merchant category code to
34 detect suspicious activities predicting future unlawful activity
35 will likely discourage financial institutions from serving
36 lawful retailers of firearms and ammunition and chill the lawful
37 exercise of Second Amendment rights, and
38 WHEREAS, current law requires a firearm retailer to conduct
39 a criminal history records check on a potential purchaser before
40 delivering a firearm to the purchaser, and
41 WHEREAS, the new merchant category code may result in
42 credit card companies reporting law abiding citizens to a law
43 enforcement agency based on overbroad definitions of suspicious
44 activity and the creation of a de facto gun registry and
45 watchlists of law abiding citizens, and
46 WHEREAS, the use of the new merchant category code will
47 likely make the job of law enforcement officers more difficult,
48 as those purchasing a firearm from a firearm retailer for an
49 unlawful purpose will likely purchase firearms with cash,
50 cryptocurrency, or other means that are difficult or impossible
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51 to trace, and
52 WHEREAS, developing appropriate regulations for the sale of
53 firearms and ammunition while protecting the right of self -
54 defense is the role of democratically elected officials, not the
55 role of unelected bankers and foreign organizations, NOW,
56 THEREFORE,
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Paragraph (a) of subsection (1) and subsections
61 (2) and (4) of section 790.335, Florida Statutes, are amended to
62 read:
63 790.335 Prohibition of registration of firearms;
64 electronic records.—
65 (1) LEGISLATIVE FINDINGS AND INTENT.—
66 (a) The Legislature finds and declares that:
67 1. The right of individuals to keep and bear arms is
68 guaranteed under both the Second Amendment to the United States
69 Constitution and s. 8, Art. I of the State Constitution.
70 2. A list, record, or registry of legally owned firearms
71 or law-abiding firearm owners is not a law enforcement tool and
72 can become an instrument for profiling, harassing, or abusing
73 law-abiding citizens based on their choice to own a firearm and
74 exercise their Second Amendment right to keep and bear arms as
75 guaranteed under the United States Constitution. Further, such a
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76 list, record, or registry has the potential to fall into the
77 wrong hands and become a shopping list for thieves.
78 3. A list, record, or registry of legally owned firearms
79 or law-abiding firearm owners is not a tool for fighting
80 terrorism, but rather is an instrument that can be used as a
81 means to profile innocent citizens and to harass and abuse
82 American citizens based solely on their choice to own firearms
83 and exercise their Second Amendment right to keep and bear arms
84 as guaranteed under the United States Constitution.
85 4. The creation or maintenance of records of purchases of
86 firearms or ammunition or the tracking of sales made by a
87 retailer of firearms or ammunition by a nongovernmental entity,
88 including a financial institution, without a substantial and
89 historical business need or a requirement imposed by law, may
90 frustrate the right to keep and bear arms and violate the
91 reasonable privacy rights of lawful purchasers of firea rms or
92 ammunition.
93 5. Law-abiding firearm owners whose names have been
94 illegally recorded in a list, record, or registry are entitled
95 to redress.
96 (2) PROHIBITIONS.—
97 (a) A No state governmental agency or local government,
98 special district, or other political subdivision or official,
99 agent, or employee of the such state or other governmental
100 entity or any other person, public or private, may not shall
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101 knowingly and willfully keep or cause to be kept any list,
102 record, or registry of privately owned firearms or any list,
103 record, or registry of the owners of those firearms.
104 (b) A payment settlement entity, merchant acquiring
105 entity, or third party settlement organization as those terms
106 are defined in s. 6050W of the Internal Revenue Code may not
107 assign a merchant category code to or otherwise classify a
108 merchant that is a seller of firearms or ammunition separately
109 from general merchandise retailers or sporting goods retailers.
110 (4) PENALTIES.—
111 (a) Any person who, or entity that, violates paragraph
112 (2)(a) a provision of this section commits a felony of the third
113 degree, punishable as provided in s. 775.082 or s. 775.083.
114 (b) Except as required by the provisions of s. 16, Art. I
115 of the State Constitution or the Sixth Amendment to the United
116 States Constitution, no public funds may not shall be used to
117 defend the unlawful conduct of any person charged with a
118 violation of this section, unless the charges against the such
119 person are dismissed or the such person is determined to be not
120 guilty at trial. Notwithstanding this paragraph, public funds
121 may be expended to provide the services of the office of public
122 defender or court-appointed conflict counsel as provided by law.
123 (c) The governmental entity, or the designee of the such
124 governmental entity, in whose service or employ a list, record,
125 or registry was compiled in violation of paragraph (2)(a) this
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126 section may be assessed a fine of up to not more than $5
127 million, if the court determines that the evidence shows that
128 the list, record, or registry was compiled or maintained with
129 the knowledge or complicity of the management of the
130 governmental entity. The Attorney General may bring a civil
131 cause of action to enforce the fines assessed under this
132 paragraph.
133 (d) The Department of Agriculture and Consumer Services
134 may investigate alleged violations of paragraph (2)(b) and, upon
135 finding a violation, bring an administrative action seeking to
136 impose an administrative fine pursuant to s. 570.971 in the
137 Class III category for each violation of paragraph (2)(b) for
138 each instance of an unlawfully classified retailer.
139 (e) The state attorney in the appropriate jurisdiction
140 shall investigate complaints of criminal violations of this
141 section, except for alleged violations of paragraph (2)(b), and
142 shall prosecute violators, where evidence indicates that a
143 violation may have occurred, shall prosecute violators.
144 Section 2. This act shall take effect July 1, 2023.
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REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 221 by Rep. Snyder
Sales of Firearms and Ammunition
AMENDMENT SUMMARY
March 9, 2023
Amendment 1 by Rep. Snyder (lines 110-143):
• Includes additional credit card payment and financial entities covered by the bill.
• Authorizes a merchant of firearms or ammunition to be assigned or use a merchant
category code for general merchandise retailers or sporting goods retailers.
• Specifies that agreements or contractual provisions to the contrary are void and in
violation of the public policy of this state.
• Authorizes the Department of Agriculture and Consumer Services to enforce violations.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 221 (2023)
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 Economic Development Subcommittee
3 Representative Snyder offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 110-143 and insert:
7 (c) An entity involved in facilitating or processing a
8 payment card transaction, including, but not limited to, a
9 financial institution, an acquirer, a payment card network, or a
10 payment card issuer, may not assign to a merchant, or require a
11 merchant to use, a merchant category code that classifies the
12 merchant as a firearms or ammunition retailer or a similar
13 classification. A merchant of firearms or ammunition may be
14 assigned or may use a merchant category code for general
15 merchandise retailers or sporting goods retailers. Any agreement
272415 - h0221-line110.docx
Published On: 3/8/2023 3:23:57 PM
Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 221 (2023)
Amendment No. 1
16 or contractual provision to the contrary is void in violation of
17 the public policy of this state.
18 (4) PENALTIES.—
19 (a) Any person who, or entity that, violates paragraph
20 (2)(a) a provision of this section commits a felony of the third
21 degree, punishable as provided in s. 775.082 or s. 775.083.
22 (b) Except as required by the provisions of s. 16, Art. I
23 of the State Constitution or the Sixth Amendment to the United
24 States Constitution, no public funds may not shall be used to
25 defend the unlawful conduct of any person charged with a
26 violation of this section, unless the charges against the such
27 person are dismissed or the such person is determined to be not
28 guilty at trial. Notwithstanding this paragraph, public funds
29 may be expended to provide the services of the office of public
30 defender or court-appointed conflict counsel as provided by law.
31 (c) The governmental entity, or the designee of the such
32 governmental entity, in whose service or employ a list, record,
33 or registry was compiled in violation of paragraph (2)(a) this
34 section may be assessed a fine of up to not more than $5
35 million, if the court determines that the evidence shows that
36 the list, record, or registry was compiled or maintained with
37 the knowledge or complicity of the management of the
38 governmental entity. The Attorney General may bring a civil
39 cause of action to enforce the fines assessed under this
40 paragraph.
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Page 2 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 221 (2023)
Amendment No. 1
41 (d) The Department of Agriculture and Consumer Services
42 may investigate an alleged violation of paragraphs (2)(b) or (c)
43 and, upon finding a violation, bring an administrative action
44 seeking to impose an administrative fine pursuant to s. 570.971
45 in the Class III category for each violation of paragraphs
46 (2)(b) or (c) for each instance of an unlawfully classified
47 retailer.
48 (e) The state attorney in the appropriate jurisdiction
49 shall investigate complaints of criminal violations of this
50 section, except for alleged violations of paragraph (2)(b) or
51 (c), and shall prosecute violators, where evidence indicates
52 that a violation may have occurred, shall prosecute violators.
53
54 -----------------------------------------------------
55 T I T L E A M E N D M E N T
56 Remove line 9 and insert:
57 sporting goods retailers; prohibiting entities involved in
58 facilitating or processing payment card transactions from
59 assigning to or requiring a merchant to use certain
60 merchant category codes; authorizing a merchant of firearms
61 or ammunition to be assigned or to use certain merchant
62 category codes; specifying that any agreement or
63 contractual provision to the contrary is void and in
64 violation of the public policy of this state; authorizing
65 the Department
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Page 3 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 221 (2023)
Amendment No. 1
66
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Page 4 of 4
HB 233
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 233 Family and Household Members of Homicide Victims and Deceased Minors
SPONSOR(S): Michael
TIED BILLS: HB 789 IDEN./SIM. BILLS: SB 490
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Regulatory Reform & Economic Development Mortellaro Anstead
Subcommittee
2) Constitutional Rights, Rule of Law &
Government Operations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Most types of employee leave are governed by employers. However, under certain circumstances, there are
employee protections in law for various kinds of employee leave, such as family medical emergencies. Florida
currently does not have laws related to leave used for families or household members of homicide victims.
The bill requires certain employers with over 50 employees to grant 3 days of leave in any 12 -month period to
employees who have been employed for over 3 months if a member of their family or household was a victim of
homicide. The leave, which can be paid or unpaid, must be used to:
Make funeral or burial arrangements or attend a funeral or memorial service;
Secure his or her home from the perpetrator of the homicide or seek new housing;
Attend meetings in person with a representative from a law enforcement agency or the state attorney’s office
responsible for investigating or prosecuting the homicide; or
Attend or prepare for court or court-related proceedings arising from the homicide.
The bill provides that an employer may not discharge, demote, suspend, or retaliate against an employee for using
the leave. If the employee is discriminated against for using the leave, they can bring a civil action for relief.
Currently, Florida law provides a list of rights for victims and witnesses of crimes. There are several enumerated
rights for families of certain victims of crime, but no specific mandate that law enforcement agencies provide certain
investigative and contact information to the next of kin of deceased minors who were the victim of a homicide.
The bill requires that, during the criminal investigation of the death of a minor, the law enforcement agency that
initiates or bears the primary responsibility for the investigation must provid e the minor's next of kin with all of the
following information:
The contact information for the primary investigator and each law enforcement agency for the investigation.
The case number for the investigation, if applicable.
A list of the minor's personal effects and information on how the minor's next of kin can collect such personal
effects, unless providing the information would jeopardize or otherwise interfere with an active investigation.
Information regarding the status of the investigation, at the discretion of the law enforcement agency.
The bill prohibits the law enforcement agency from providing any of the above information if doing so would
jeopardize or otherwise interfere with an active investigation. The law enforcement agency is not required to provide
investigative records generated during its investigation to a minor's next of kin for inspection.
The bill provides an effective date of July 1, 2023.
The bill does not appear to have a significant fiscal impact on local or state gov ernments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0233a.RRS
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Employment Leave – Current Situation
Most types of employee leave are governed by employers. However, in certain areas, federal and
Florida law provides employees with additional protections related to the use of leave. The current law
for various types of employee leave is outlined below:
TYPE OF LEAVE PROTECTIONS LAWS AT PLAY
Vacation/ No Employers are not required to grant vacation leave, paid or unpaid. An
Personal employee must comply with the employer’s conditions in employment
contract, unless the company fails to apply the same rules to all
employees, 1 and federal law protects against discriminatory application
of personal leave. 2
Sick No Employers are not required to provide employees with sick leave, paid or
unpaid. An employee must comply with terms of the employment
contract. 3 There is an exception to this under the Family and Medical
Leave Act. 4
Holiday Private: Private employers are not required to provide employees with holiday
(Private & No leave.
Public)
Public: Public employers must give state holidays off to employees which are
Yes paid. In addition, each full-time employee is entitled to one personal
holiday each year. 5
Jury Duty Yes Employers are required to provide employees with unpaid leave for an
employee’s jury summons and for serving on a jury. The employees
have job protection during their leave. 6
Voting No Florida employers are not required to grant voting leave.
Bereavement No Florida employers are not required to grant bereavement leave.
Family and Yes Allows leave for birth/care of child, care of immediate family members
Medical Leave with a serious health condition, or care of their own serious health
Act condition. Leave is not to exceed 6 months. Protects employee’s job
upon returning from leave. It is not required to be paid. If leave is paid,
the employee is entitled to all benefits under paid leave status. 7
Domestic Yes An employer who employs 50 or more employees shall permit an
Violence employee to request and take up to 3 working days of leave in any 12-
(Florida) month-period if the employee, family, or household member of the
employee is the victim of domestic violence or sexual violence. The
leave can be paid or unpaid. Only applicable if that employee has been
employed for 3 or more months. 8
Military No Federally protected, and Florida adds additional protections. Leave of
absence may not exceed 240 working hours in any one annual period. 9
Homicide No Employers are not required to grant leave for family or household
members of a homicide victim.
Family and Medical Leave Act
1 Florida Leave Laws, Employment Law Handbook , https://www.employmentlawhandbook.com/employment-and-labor-
laws/states/florida/leave-
laws/#:~:text=Vacation%20Leave%20Florida%20has%20no%20laws%20requiring%20emp loyers,employee%20accrued%20vacation
%20leave%20upon%20separation%20from%20emp loyment.
2 42 U.S.C. 2000(e)(2). Unlawful Employment Practices, outlines general, unlawful employment practices.
3 Id.
4 S. 110.221, F.S.
5 S. 110.117, F.S.
6 28 U.S.C. 1875. Protection of Jurors’ Employment, outlines that an employer may not fire a juror for serv ing on a jury.
7 29 U.S.C. 2601, et. seq. Family and Medical Leave Act.
8 S. 741.313, F.S.
9 S. 115.07, F.S.
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DATE: 3/7/2023
The Family and Medical Leave Act (FMLA) 10 is a federal law that provides certain employees with up to
12 weeks of unpaid, job-protected leave per year. Group health benefits must be maintained during the
leave and employees are entitled to return to their same or an equivalent job at the end of their FMLA
leave.11
FMLA applies to all public agencies, all public and private elementary and secondary schools, and
companies with 50 or more employees. These employers must provide an eligible employee with up to
12 weeks of unpaid leave each year for any of the following reasons:12
For the birth and care of the newborn child of an employee;
For placement with the employee of a child for adoption or foster care;
To care for an immediate family member (i.e., spouse, child, or parent) with a serious health
condition; or
To take medical leave when the employee is unable to work because of a serious health
condition.
To handle certain occurrences with military members.
Employees are eligible for FMLA leave if they:13
Have worked for their employer at least 12 months,
Have worked at least 1,250 hours over the past 12 months, and
Work at a location where the company employs 50 or more employees within 75 miles.
FMLA allows an employee to elect, or the employer to require the employee, to use accrued paid
vacation leave, paid sick or family leave for some or all of the FMLA leave period. An employee must
follow the employer’s normal leave rules in order to substitute paid leave. When paid leave is used for
an FMLA-covered reason, the leave is FMLA-protected.14
Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to
take FMLA leave when the need is foreseeable and such notice is practicable. If leave is foreseeable
less than 30 days in advance, the employee must provide notice as soon as practicable – generally,
either the same or next business day. When the need for leave is not foreseeable, the employee must
provide notice to the employer as soon as practicable under the facts and circumstances of the
particular case. Absent unusual circumstances, employees must comply with the employer’s usual and
customary notice and procedural requirements for requesting leave. 15
If an employer violates FMLA, an employee may:16
File a complaint with the Secretary of Labor; or
File a private lawsuit pursuant to the judicial enforcement provisions of the FMLA.
If the employee files a private lawsuit, it must be filed within two years after the last action which the
employee contends was in violation of FMLA, or three years if the violation was willful.17
The employee may be granted the following relief:18
Equitable relief for:
o Employment,
10 29 U.S.C. 2601, et. seq.; 29 CFR Part 825
11 U.S. Department of Labor, Family and Medical Leave (FMLA), https://www.dol.gov/general/topic/benefits -leave/fmla (last visited
Feb. 20, 2023).
12 Id.
13 Id.
14 U.S. Department of Labor, FMLA Frequently Asked Questions,
https://www.dol.gov/agencies/whd/fmla/faq#:~:text=The%20FMLA%20only%20requires%20unpaid,of%20the%20FM LA%20leave
%20period. (last visited Feb. 20, 2023).
15 Id.
16 29 CFR 825.400(a)
17 29 CFR 825.400(b)
18 29 CFR 825.400(c)
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DATE: 3/7/2023
o Reinstatement, and
o Promotion.
Monetary relief for:
o Wages,
o Employment benefits,
o Any actual monetary loss sustained by the employee as a direct result of the violation,
and
o Attorney fees.
Employers throughout the country, including Florida employers, must comply with FMLA, which allows
eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons. In addition,
Florida law gives employees the right to take domestic or sexual violence leave, as explained below.
Generally, FMLA does not provide protections for employees who need leave for homicide-related
reasons.
Florida Domestic Violence Leave Protections
In addition to the FMLA, there are protections for family or household members of sexual or domestic
violence in Florida.19 If an employee has been employed by an employer with 50 or more employees for
3 or more months, that employee is entitled to take up to 3 days off in a 12-month period if they
themselves or a family or household member are a victim of domestic or sexual violence. 20 The 3 days
of leave can be used to:21
Seek an injunction for protection;
Obtain medical care or mental health counseling;
Obtain services from a victim’s service organizations such as a violence shelter or a rape crisis
center;
Relocate or make the home more secure from perpetrator; or
Seek legal assistance.
An employee seeking this leave must provide notice to their employer for seeking this leave, unless
they are in imminent danger. All other forms of leave must be exhausted, but the employer can waive
this requirement. Any person aggrieved by a violation of this law, can bring a civil suit for damages or
equitable relief, or both.22
Family Members of Homicide Victims Leave Laws in Other States
There are a few states that have adopted leave laws for family and household members of homicide
victims. In California, an immediate family member of a victim who is deceased as the direct result of
certain crimes may take leave to participate in a related jury trial or judicial proceeding. 23 There must be
notice and proof that the employee was affected and needs this type of leave. 24
In 2021, Missouri signed the Victims’ Economic Security and Safety Act (VESSA) into law. 25 Under
VESSA, an employee receives leave if they or a family or household member is a victim of any “crime
of violence,” if the employer has 20 or more employees. 26 For employers with 20-49 employees, an
employee has one week of leave, and for employers with 50 or more employees, an employee receives
two weeks of leave. The leave can be paid or unpaid. 27 A crime of violence includes: homicide, sex
offenses, assault, offenses involving bodily harm, harassment, armed violence, obscene
19 S. 741.313, F.S.
20 S. 741.313(3)
21 S. 741.313(2)(a),(b),
F.S.
22 S. 741.313(4),(6),
F.S.
23 Cal. Labor Code § 230
24 Id.
25 Missouri HR-417 Victims Economic Safety and Security Act Leave.
26 Id.
27 Id.
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DATE: 3/7/2023
communications, terrorism, and similar criminal actions. 28 The leave may be received intermittently or
on a reduced work schedule.29 VESSA also gives employment protection.30
Illinois adopted a law similar to VESSA.31 Victims of crimes of violence or who have family or household
members who are victims of such violence may take up to 12 weeks of unpaid leave in any 12-month
period to seek medical help, legal advice, counseling, safety precautions, and other related activities.32
Household Members of Homicide Victims
An estimated 1 in 10 Americans will lose a loved one to homicide during their lifetime. 33 In the
immediate aftermath of a homicide a family member may incur burial and funeral expenses, possible
economic or material hardships, and changes in family dynamics. 34 Household members of a homicide
victim may need to attend funerals, ceremonies, court proceedings, and deal with safety concerns.
Currently, the Florida law doesn’t have employment leave to cover such activities for family and
household members of homicide victims.
Employee Leave – Effect of the Bill
The bill requires certain employers with over 50 employees to grant 3 days of leave in any 12-month
period to employees who have been employed for over 3 months if a member of their family or
household was a victim of homicide.
The definitions for “employee” and “employer” means the same as under the workers compensation
statute:35
An “employee” is defined as any person who receives remuneration from an employer for the
performance of any work or service while engaged in any employment under an appointment or
contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or
unlawfully employed, and includes, but is not limited to, aliens and minors.
An “employer” means the state and all political subdivisions thereof, all public and quasi-public
corporations therein, every person carrying on any employment, and the legal representative of
a deceased person or the receiver or trustees of any person.
A “family or household member” means the same as under the domestic violence leave law including
spouses, former spouses, persons related by blood or marriage, persons residing together or have
resided together in the past, or parents of a child in common. With the exception of people who have a
child in common, the family or household members must have resided together in the past or were
currently residing in the same dwelling unit prior to the homicide. 36
The leave must be used to:
Make funeral or burial arrangements, attend a funeral or memorial service for a family or
household member who is a homicide victim;
Secure his or her home from the perpetrator, or his or her associates, of the homicide or seek
new housing to escape;
28 Id.
29 EPIC Brokers, Missouri Passes the Victims’ Economic Safety and Security Act (2021),
https://www.epicbrokers.com/insights/missouri-passes-victims-economic-safety-security-
act/#:~:text=On%20August%2028%2C%202021%2C%20Governor%20Mike%20Parson%20of,household%20member%20are%20v i
ctims%20of%20violence%20or%20abuse (last visited February 17th , 2023).
30 Id.
31 820 Ill. Comp. Stat. 180/5
32 Illinois Department of Labor, Victims’ Economic Security and Safety Act (VESSA), https://labor.illinois.gov/laws -
rules/conmed/vessa.html (last visited February 2nd , 2023).
33 Sara Bastomski, PhD & Marina Duane, MID, Research brief: Homicide Co-Victimization, Center for Victim Research (2018),
https://victimresearch.org/documents/hcv-research-brief-final.pdf.
34 Id.
35 S. 440.02(15), (16), F.S.
36 S. 741.28, F.S.
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Attend meetings in person with a representative from a law enforcement agency or the state
attorney’s office responsible for investigating or prosecuting the homicide; or
Attend or prepare for court or court-related proceedings arising from the homicide.
The leave can be paid or unpaid. Before using this type of leave, all other leaves must be exhausted
unless the employer waives the requirement. Appropriate notice must be given to the employer in
accordance with the employer’s employment policies, including documentation if required, unless there
is imminent danger to the employee. All information given to a private employer is to remain confidential
and public employers are under current public exemption laws.
An employee who uses this leave is protected. An employer may not discharge, demote, suspend,
retaliate for using the leave. If the employee is discriminated against for using the leave, and they can
bring a civil action for damages and equitable relief. Damages may consist of all wages and benefits
that would have been due to the person had the violation not occurred.
Investigation Materials – Current Situation
Section 960.001, F.S., provides a list of rights for victims and witnesses in the criminal justice system.
The Department of Legal Affairs, the state attorneys, the Department of Corrections, the Department of
Juvenile Justice, the Florida Commission on Offender Review, the State Courts Administrator and
circuit court administrators, the Department of Law Enforcement, and every sheriff’s department, police
department, or other law enforcement agency are required to develop and implement guidelines for the
use of their respective agencies to achieve the following objectives.
Related to rights of a victim’s parent, guardian, or next of kin:
Law enforcement officers must distribute victim’s rights cards or brochures informing on the
right of the next of kin of a homicide victim to be informed, to be present, and to be heard when
relevant, at all crucial stages of a criminal or juvenile proceeding, to the extent that this right
does not interfere with the constitutional rights of the accused. 37
In the case of a homicide, sexual offense, attempted murder or sexual offense, stalking, or
domestic violence, law enforcement officers or personnel of an organization that provides
assistance to the appropriate next of kin of the victim must request that the next of kin of the
victim complete a victim notification card, which provides a way of notification if a defendant is
released from custody.38
The chief administrator of a county jail, municipal jail, juvenile detention facility, or residential
commitment facility must make a reasonable attempt to notify the appropriate next of kin or
designated contact of a victim homicide, sexual offense, attempted murder or sexual offense,
stalking, or domestic violence before the defendant’s or offender’s release from custody, if the
victim notification card has been provided.39
The appropriate agency must provide notification of certain judicial and post judicial
proceedings to the parent or guardian of a minor victim and a relative of a homicide victim.
o A victim’s parent or guardian if the victim is a minor, or a victim’s next of kin may not be
excluded from any portion of any proceeding, unless the court determines such person’s
presence to be prejudicial.40
The state attorney must consult the guardian or family of a victim of a felony involving physical
or emotional injury, trauma, or homicide, in order to obtain the views of the victim or family
about the disposition of any criminal or juvenile case brought as a result of such crime. 41
Upon request, the state attorney must allow the victim’s parent or guardian if the victim is a
minor, or the victim’s next of kin in the case of a homicide to review a copy of the presentence
investigation report before the sentencing hearing if one was completed.
37 S. 960.001(1)(a)5., F.S.
38 S. 960.001(1)(b), F.S.
39 S. 960.001(1)(f), F.S.
40 S. 960.001(1)(e), F.S.
41 S. 960.001(1)(g)1., F.S.
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o Any confidential information that pertains to medical history, mental health, or substance
abuse and any information that pertains to any other victim must be redacted from the
copy of the report.
o Any person who reviews the report pursuant to this paragraph must maintain the
confidentiality of the report and may not disclose its contents to any person except
statements made to the state attorney or the court.42
The Department of Corrections must, upon request, notify the victim’s parent or guardian if the
victim is a minor, or the victim’s next of kin if the victim is a homicide victim if an inmate has
been approved for community work release.43
Curtis’ Law
In 1997, 16-year-old Curtis Williamson was murdered in California.44 Afterwards, his mother, Patricia
Ward, had difficulty obtaining information related to the investigation of his death. 45 Since then, his
mother moved to Florida and began pushing for greater investigation information access for parents of
deceased minors.46 An organization, Curtis’s & Co for Children Gone to Soon, Inc., was formed to
advocate for law reform nationwide to mandate that certain investigative and contact information be
made available to surviving family members in certain circumstances. 47 The proposed law is called
Curtis’ Law.48
In 2022, California passed SB 1268, a version of Curtis’ Law, which requires the law enforcement
agency that bears the primary responsibility for the investigation to provide a deceased minor victim’s
parent or guardian49 with the:50
Contact information of the primary law enforcement agency and the primary contact at such
agency,
Case number,
List of personal effects found with the minor and contact information to recover such effects,
unless doing so would interfere with an investigation,
Status of the investigation, at the discretion of the law enforcement agency.
Law enforcement is not required to provide any information that would jeopardize or otherwise allow an
individual to interfere with the ongoing investigation or any records generated pursuant to their
investigation for inspection by a victim’s family. Law enforcement agencies providing information may
require any family member receiving the information to confirm their identity through a certified
declaration.51
Investigation Materials – Effect of the Bill
The bill, cited as Curtis’ Law, amends s. 960.001, F.S., to require that, during the investigation of the
death of a minor, the law enforcement agency that initiates or bears the primary responsibility for the
investigation must provide the minor's next of kin with all of the following information:
The contact information for the primary contact, if known, for the particular investigation, as well
as the contact information for each law enforcement agency involved in the investigation.
42 S. 960.001(1)(g)2., F.S.
43 S. 960.001(1)(g)3., F.S.
44 Cole Heath, Action News Jax, Proposed Curtis Law would give families of murdered children information about their child's case ,
Proposed Curtis Law would give families of murdered children information about their child's case – Action News Jax (last visited
Feb. 19, 2023).
45 Justice 4 Curtis, Our Story, Our Story - Curtis's & Co for Children Gone to Soon (justice4curtis.org) (last visited Feb. 19, 2023).
46 Action Jax News, supra note 39.
47 Justice 4 Curtis, supra note 40.
48 Justice 4 Curtis, Curtis Law, The Proposed Law - Curtis's & Co for Children Gone to Soon (justice4curtis.org) (last visited Feb. 20,
2023).
49 Or immediate family if a parent or guardian cannot be located. “Immediate family” means the victim’s spouse, parent, guardian ,
grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption.
50 Cal. Penal Code § 679.09
51 Id.
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The case number for the investigation, if applicable.
A list of the minor's personal effects that were found on or with the minor and information on
how the minor's next of kin can collect such personal effects. A law enforcement agency may
withhold the information if providing the information would jeopardize or otherwise interfere with
an active investigation.
Information regarding the status of the investigation, at the discretion of the law enforcement
agency.
The law enforcement agency may not provide any of the above information if doing so would jeopardize
or otherwise interfere with an active investigation.
The law enforcement agency is not required to provide investigative records generated during its
investigation to a minor's next of kin for inspection.
The effective date of the bill is July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Creates s. 448.046, F.S.; providing certain requirements for employee leave.
Section 2: Amends s. 960.001, F.S., requiring certain law enforcement agencies to provide certain
investigation information.
Section 3: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
Indeterminant. The bill may require more local agencies to comply with information requests by the
next of kin of deceased minors.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more employees to attend judicial, funeral, and safety events with employee leave
protections.
D. FISCAL COMMENTS:
None.
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DATE: 3/7/2023
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Law enforcement agencies will need to create guidelines for transmitting certain investigative
information to a deceased child’s next of kin.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 233 2023
1 A bill to be entitled
2 An act relating to family and household members of
3 homicide victims and deceased minors; providing a
4 short title; creating s. 448.046, F.S.; providing
5 definitions; providing applicability; requiring an
6 employer to grant certain leave upon the request of an
7 employee; providing requirements for such leave;
8 requiring an employee to provide advance notice and
9 certain documentation to his or her employer except
10 under certain circumstances; requiring
11 confidentiality; prohibiting an employer from taking
12 certain actions relating to the exercise of certain
13 rights; providing construction; providing remedies;
14 providing exceptions; amending s. 960.001, F.S.;
15 requiring law enforcement agencies to provide certain
16 information during the investigation of the death of a
17 minor; providing an exception; providing construction;
18 providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. This act may be cited as "Curtis' Law."
23 Section 2. Section 448.046, Florida Statutes, is created
24 to read:
25 448.046 Employment accommodations for family or household
Page 1 of 6
CODING: Words stricken are deletions; words underlined are additions.
hb0233-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 233 2023
26 members of homicide victims.—
27 (1) As used in this section, the term:
28 (a) "Employee" has the same meaning as in s. 440.02(15).
29 (b) "Employer" has the same meaning as in s. 440.02(16).
30 (c) "Family or household member" has the same meaning as
31 in s. 741.28.
32 (d) "Homicide" means an unlawful act that causes the death
33 of another person.
34 (e) "Homicide victim" means a deceased person who was
35 killed in a homicide.
36 (2) This section applies to an employer who employs 50 or
37 more employees and to an employee who has been employed by the
38 employer for at least 3 months.
39 (3)(a) If an employee has a family or household member who
40 is a homicide victim, the employee may request, and an employer
41 must grant, up to 3 working days of leave in any 12 -month period
42 to:
43 1. Make funeral or burial arrangements, or to attend a
44 funeral or memorial service, for a family or household member
45 who is a homicide victim;
46 2. Secure his or her home from the perpetrator, or his or
47 her associates, of the homicide or to seek new housing in order
48 to escape the perpetrator, or his or her associates, of the
49 homicide;
50 3. Attend meetings in person with a representative from
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51 the law enforcement agency or the state attorney's office
52 responsible for the investigation and prosecution of the
53 homicide; or
54 4. Attend or prepare for court or court-related
55 proceedings arising from the homicide.
56 (b) Leave requested under this subsection may be with or
57 without pay, at the discretion of the employer.
58 (c) An employee requesting leave under this subsection
59 must exhaust his or her annual or vacation leave, personal
60 leave, and sick leave, if applicable, before receiving leave
61 under this subsection unless the employer waives this
62 requirement.
63 (4) Except in cases where there is an imminent danger to
64 the health or safety of the employee or a family or household
65 member of the employee, an employee requesting leave under
66 subsection (3) must provide appropriate advance notice of the
67 leave to his or her employer in accordance with the employer's
68 employment policies, including sufficient documentation of the
69 homicide as required by the employer.
70 (5)(a) A private employer must keep all information
71 relating to an employee's leave taken under subsection (3)
72 confidential.
73 (b) An employer that qualifies as an agency, as defined in
74 s. 119.011, must keep all information relating to an employee's
75 leave taken under subsection (3) confidential and exempt from
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76 disclosure to the extent authorized under subsection (8).
77 (6)(a) An employer may not interfere with, restrain, or
78 deny the exercise or attempted exercise of any right provided
79 under subsection (3).
80 (b) An employer may not discharge, demote, suspend,
81 retaliate, or in any other manner discriminate against an
82 employee for exercising his or her rights under subsection (3).
83 (c) An employee does not have any greater rights to
84 continued employment or to other benefits and conditions of
85 employment than if the employee was not entitled to leave under
86 subsection (3).
87 (d) This subsection does not limit an employer's right to
88 discipline or terminate an employee for any reason, including,
89 but not limited to, a reduction in work force, termination for
90 cause, or for no reason at all, other than exercising his or her
91 rights under subsection (3).
92 (7) The exclusive remedy for a person aggrieved by a
93 violation of this section is to bring a civil action for damages
94 or equitable relief, or both, in circuit court. An aggrieved
95 person may claim as damages all wages and benefits that would
96 have been due to the person had the violation not occurred up to
97 and including the date of the final judgment. An aggrieved
98 person is not entitled to wages or benefits for any period of
99 leave without pay that the employer granted under subsection
100 (3). This subsection does not relieve the aggrieved person from
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101 his or her obligation to mitigate damages.
102 Section 3. Paragraph (v) is added to subsection (1) of
103 section 960.001, Florida Statutes, to read:
104 960.001 Guidelines for fair treatment of victims and
105 witnesses in the criminal justice and juvenile justice systems. —
106 (1) The Department of Legal Affairs, the state attorneys,
107 the Department of Corrections, the Department of Juvenile
108 Justice, the Florida Commission on Offender Review, the State
109 Courts Administrator and circuit court administrators, the
110 Department of Law Enforcement, and every sheriff's department,
111 police department, or other law enforcement agency as defined in
112 s. 943.10(4) shall develop and implement guidelines for the use
113 of their respective agencies, which guidelines are consistent
114 with the purposes of this act and s. 16(b), Art. I of the State
115 Constitution and are designed to implement s. 16(b), Art. I of
116 the State Constitution and to achieve the following objectives:
117 (v) Information concerning an investigation into the death
118 of a minor.—
119 1. During the investigation of the death of a minor, t he
120 law enforcement agency that initiates or bears the primary
121 responsibility for the investigation must provide the minor's
122 next of kin with all of the following information:
123 a. The contact information for the primary contact, if
124 known, for the particular investigation, as well as the contact
125 information for each law enforcement agency involved in the
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126 investigation.
127 b. The case number for the investigation, if applicable.
128 c. A list of the minor's personal effects that were found
129 on or with the minor and information on how the minor's next of
130 kin can collect such personal effects. A law enforcement agency
131 may withhold the information in this sub-subparagraph if
132 providing the information would jeopardize or otherwise
133 interfere with an active investigation.
134 d. Information regarding the status of the investigation,
135 at the discretion of the law enforcement agency.
136 2. A law enforcement agency may not provide any of the
137 information under this paragraph if doing so would jeopardize or
138 otherwise interfere with an active investigation.
139 3. This paragraph does not require a law enforcement
140 agency to provide investigative records generated during its
141 investigation to a minor's next of kin for inspection.
142 Section 4. This act shall take effect July 1, 2023.
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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 233 by Rep. Michael
Family and Household Members of Homicide Victims and Deceased Minors
AMENDMENT SUMMARY
February 23, 2023
Amendment 1 by Rep. Michael (line 60):
• Clarifies when an employee does not need to give their employer advanced notice of
using their leave.
• Removes recourse for a person who is denied leave.
• Expands the list of investigative information required to be given to parents or guardians
of deceased children to include contact information for any secondary law enforcement
agencies.
• Makes clarifying and conforming changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 233 (2023)
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 Economic Development Subcommittee
3 Representative Michael offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 60-136 and insert:
7 leave, sick leave, and other compensatory time off, if
8 applicable, that is available to the employee before receiving
9 leave under this subsection unless the employer waives this
10 requirement.
11 (4) An employee requesting leave under subsection (3) must
12 provide appropriate advance notice of the leave to his or her
13 employer in accordance with the employer's employment policies,
14 unless such advanced notice is not feasible due to the nature of
15 the homicide. An employee must provide his or her employer with
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 233 (2023)
Amendment No. 1
16 sufficient documentation of the homicide as required by the
17 employer.
18 (5)(a) A private employer must keep all information
19 relating to an employee's leave taken under subsection (3)
20 confidential.
21 (b) An employer that qualifies as an agency, as defined in
22 s. 119.011, must keep all information relating to an employee's
23 leave taken under subsection (3) confidential and exempt from
24 disclosure to the extent authorized under subsection (8).
25 (6)(a) An employer may not interfere with, restrain, or
26 deny the exercise or attempted exercise of any right provided
27 under subsection (3).
28 (b) An employer may not discharge, demote, suspend,
29 retaliate, or in any other manner discriminate against an
30 employee for exercising his or her rights under subsection (3).
31 (c) An employee does not have any greater rights to
32 continued employment or to other benefits and conditions of
33 employment than if the employee was not entitled to leave under
34 this section.
35 (7) This section does not limit an employer's right to
36 discipline or terminate an employee for any reason, including,
37 but not limited to, a reduction in workforce or termination for
38 cause or for no reason at all, other than exercising his or her
39 rights under subsection (3).
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Page 2 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 233 (2023)
Amendment No. 1
40 Section 3. Paragraph (v) is added to subsection (1) of
41 section 960.001, Florida Statutes, to read:
42 960.001 Guidelines for fair treatment of victims and
43 witnesses in the criminal justice and juvenile justice systems. —
44 (1) The Department of Legal Affairs, the state attorneys,
45 the Department of Corrections, the Department of Juvenile
46 Justice, the Florida Commission on Offender Review, the State
47 Courts Administrator and circuit court administrators, the
48 Department of Law Enforcement, and every sheriff's department ,
49 police department, or other law enforcement agency as defined in
50 s. 943.10(4) shall develop and implement guidelines for the use
51 of their respective agencies, which guidelines are consistent
52 with the purposes of this act and s. 16(b), Art. I of the State
53 Constitution and are designed to implement s. 16(b), Art. I of
54 the State Constitution and to achieve the following objectives:
55 (v) Information concerning an investigation into the death
56 of a minor.—
57 1. During the investigation of the death of a minor, the
58 law enforcement agency that initiates or bears the primary
59 responsibility for the investigation must provide the minor's
60 next of kin with all of the following information:
61 a. The contact information for the primary contact, if
62 known, for the particular investigation, and if more than one
63 law enforcement agency is involved in the investigation, the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 233 (2023)
Amendment No. 1
64 contact information for at least one of the secondary law
65 enforcement agencies involved in the investigation.
66 b. The case number for the investigation, if applicable.
67 c. A list of the minor's personal effects that were found
68 on or with the minor and information on how the minor's next of
69 kin can collect such personal effects. A law enforcement agency
70 may withhold the information in this sub-subparagraph if
71 providing the information would jeopardize or otherwise
72 interfere with an active investigation.
73 d. Information regarding the status of the investigation,
74 at the discretion of the law enforcement agency.
75 2. This paragraph does not require a law enforcement
76 agency to provide any of the
77
78 -----------------------------------------------------
79 T I T L E A M E N D M E N T
80 Remove lines 13-14 and insert:
81 rights; providing construction; amending s. 960.001,
82 F.S.;
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CS/HB 331
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 331 Liens and Bonds
SPONSOR(S): Civil Justice Subcommittee, Overdorf
TIED BILLS: IDEN./SIM. BILLS: SB 624
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 18 Y, 0 N, As CS Mawn Jones
2) Regulatory Reform & Economic Development Wright Anstead
Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Persons who provide services, labor, or materials for improving, repairing, or maintaining real property (except
public property) may place a construction lien on the property if they are not paid for their services in certain
situations and if they follow certain procedures set forth in ch. 713, F.S., Florida’s construction lien law.
CS/HB 331:
Modifies the notice of commencement, notice of termination, and notice of nonpayment forms.
Allows licensed general or building contractors providing construction or program management services
to claim construction liens for such services.
Changes when a notice of termination must be recorded and served, and when such notice is effective.
Modifies service requirements for documents required by the construction lien law.
Modifies the available alternative forms of security that may be filed in lieu of a payment bond for public
projects.
Authorizes a person intending to make a claim against a payment bond to serve the surety with a copy
of the notice of nonpayment, instead of an original document.
Specifies that the methods for discharging a lien may also be used to release a lien, in whole or in part,
and modifies the requirements for recording a satisfaction or release of lien with the clerk’s office.
Increases the bond amount and documentation necessary to deposit or file with the clerk’s office to
transfer a lien to a security.
Entitles the prevailing party in an action to enforce a lien transferred to a security to recover reasonable
attorney fees.
Specifies that after a clerk’s office records a notice of contest of claim against a payment bond or a
notice of contest of lien and a certificate of service for such notice, the clerk must serve a copy of the
recorded notice on the lienor and on the owner or the owner’s attorney.
Authorizes a building permit applicant to provide the issuing authority with the clerk’s office official
records identifying information in lieu of a certified copy of the notice or a notarized statement of filing.
Increases the contract amount which excuses a building permit applicant from filing a copy of the notice
of commencement or an authorized alternative with the issuing authority, from $2,500 to $7,500.
Provides a method for computing time periods for recording a document or filing an action under the
construction lien law and tolls such time periods in emergency circumstances.
Repeals s. 713.25, F.S., an outdated provision relating to the applicability of ch. 65-456, L.O.F.
Modifies the definition of “clerk’s office” and defines “finance charge.”
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0331b.RRS
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida law seeks to ensure that people working on construction projects are paid for their work. Any
person who provides services, labor, or materials for improving, repairing, or maintaining real property
(except public property) may place a construction lien1 on the property, provided the person complies
with statutory procedures.2 These procedures require the filing or serving of various documents,
including a:
Notice of Commencement;3
Notice to Owner;4
Claim of Lien;5
Notice of Termination;6
Waiver or Release of Lien;7
Notice of Contest of Lien;8
Contractor’s Final Payment Affidavit;9 and
Demands of Written Statement of Account.10
To record a construction lien on real property, the lienor must record a claim of lien with the clerk’s
office in the county where the property is located and serve the owner with the claim of lien within 15
days of recording the lien.11 If a claim of lien is not recorded, the lien is void to the extent that the failure
to record the claim prejudices any person entitled to rely on service of the claim of lien. 12
A person may file a claim of lien at any time during the progress of the work but may not file a claim of
lien later than 90 days after the person’s final furnishing of labor or materials.13 A person may record a
single claim of lien for multiple services or materials provided to different properties as long as such
services or materials were provided under the same contract, the person is in privity with the owner,
and the properties have the same owner.14 However, a person may not record a single claim of lien for
multiple services or materials if there is more than one contract, even if the contracts for services and
materials are with the same owner.15
A construction lien extends to the right, title, and interest of the person who contracts for the
improvement to the extent such right, title, and interest exists at the improvement’s commencement or
1 A lien is a claim against property that evidences a debt, obligation, or duty. Fla. Jur. 2d Liens s. 37:1.
2 Ch. 713, F.S.
3 S. 713.13, F.S.
4 To secure construction lien rights, a person working on a construction project who is not in direct contract (“p rivity”) with the owner
must serve a notice to owner in the statutory form provided; laborers are exempt from this requirement. The notice informs th e owner
that someone with whom he or she is not in privity is providing services or materials on the proper ty and that such person expects the
owner to ensure he or she is paid. The notice must be served no later than 45 days after the person begins furnishing service s or
materials and before the date the owner disburses the final payment after the contractor h as furnished his or her final payment affidavit.
After receiving a notice to owner, the owner must obtain a waiver or release of lien from the notice’s sender before paying t he
contractor, unless a payment bond applies, or risk payments to the contractor constituting improper payments that leave the owner
liable to the notice sender if the contractor does not pay such person. Stocking Bldg. Supply of Florida, Inc. v. Soares Da Costa
Construction Services, LLC, 76 So. 3d 313 (Fla 3d DCA 2011); S. 713.06, F.S.
5 S. 713.08, F.S.
6 S. 713.132, F.S.
7 S. 713.20, F.S.
8 S. 713.22(2), F.S.
9 S. 713.06(3), F.S.
10 S. 713.16, F.S.
11 S. 713.08, F.S.
12 S. 713.08(4), F.S.
13 S. 713.08(5), F.S.
14 S. 713.09, F.S.
15 Id.; see also Lee v. All Florida Construction Co., 662 So. 2d 365, 366-67 (Fla. 5th DCA 1995).
STORAGE NAME: h0331b.RRS PAGE: 2
DATE: 3/7/2023
is acquired in the real property.16 However, when a lessee makes an improvement under an agreement
between the lessee and his or her lessor, the lien also extends to the lessor’s interest unless: 17
The lease is recorded in the official records of the county where the property is located before
the recording of a notice of commencement for improvements to the property and the lease’s
terms expressly prohibit such liability;
The lease’s terms expressly prohibit such liability, and a notice advising that leases for the
rental of premises on a property prohibit such liability has been recorded in the official records
of the county in which the property is located before the recording of a notice of commencement
for improvements to the premises and the notice includes specified information; or
The lessee is a mobile home owner who is leasing a mobile home lot in a mobile home park.18
If a lease expressly provides that the lessor’s interest will not be subject to the construction liens
relating to improvements made by the lessee, the lessee must notify the contractor making any such
improvements of the provision, and the knowing and willful failure of the lessee to provide such notice
renders the contract voidable at the contractor’s option.19
Notice of Commencement
Before construction begins, a private property owner or the owner’s authorized agent must generally
file a notice of commencement with the clerk’s office20 and post a copy of the notice on the property to
be improved.21 The notice of commencement determines the priority of construction liens, provides
details needed to complete a notice to owner, establishes the date on which the statute of limitations
begins to run, and protects owners from double payments. 22
A notice of commencement must be substantially similar to the statutorily-authorized form and contain:
Descriptions of the real property to be improved and the improvements;
The name and address of the:
o Owner, fee simple title holder (if not the owner),23 contractor, and any person lending
money for the project, along with a description of the owner’s interest in the property;24
o Surety25 on a payment bond, if any, and the bond amount;
o Persons, designated by the owner, upon whom notices may be served or who may
receive a claim of lien;
The notice’s expiration date; and
A warning in uppercase type that the notice must be recorded, and that payments made after
the notice expires could be improper and lead to the owner paying twice. 26
Further, a building permit applicant must generally file with the issuing authority, before the first
inspection, either a certified copy of the recorded notice of commencement or a notarized statement
that the notice was filed for recording, along with a copy of the notice; however, the applicant is
excused from filing such a copy or statement with the issuing authority where the direct contract is for
16 S. 713.10(1), F.S.
17 Id.
18
S. 713.10(2)(b), F.S.
19 S. 713.10(2)(a), F.S.
20 “Clerk’s office” means the office of the clerk of the circuit court of the county in which the real property is located. S. 7 13.01(4), F.S.
21 A notice of commencement is not required for direct contracts for $2500 or less or for air conditioning or heating system rep air or
replacement for less than $7500. A notice of commencement is also not required for public construction project s because public
property is not lienable. Ss. 713.01(26), 713.02(5), 713.13, and 713.135(1)(d), F.S.
22 Stocking Bldg. Supply, So. 3d at 319; The Florida Senate Committee on Regulated Industries, Review of the Florida Construction
Lien Law, November 2007, http://archive.flsenate.gov/data/Publications/2008/Senate/reports/interim_reports/pdf/2008 -149ri.pdf (last
visited Feb. 14, 2023); Fred Dudley, William A. Buzzett, & Deborah Kaveney Kearney, Construction Lien Law Reform: The Equilib rium
of Change, 18 Fla. St. U. L. Rev., 278 (1991).
23 Fee simple title is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies
without heirs. Black’s Law Dictionary (11th ed. 2019).
24 A lessee may contract for improvements as an owner but must be listed as the owner in the notice of commencement. S.
713.13(1)(a)3., F.S.
25 A surety guarantees the performance or obligations of a second party (the principal) to a third party (the obligee) under a t hree-party
contract. National Association of Security Bond Providers, What are Surety Bonds, https://www.nasbp.org/getabond/about-
surety#:~:text=A%20surety%20bond%20is%20a,third%20party%20(the%20obligee) (last visited Feb. 14, 2023).
26 S. 713.13(1)(a)-(d), F.S.
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an amount less than $2,500.27 If a certified copy of the notice of commencement is not filed with the
issuing authority as required, the issuing authority may not perform or approve subsequent inspections
until the applicant files the certified copy; however, the issuing authority is not liable in any civil action
for failing to verify that the building permit applicant submitted a certified copy of the notice of
commencement.28
Payment Bonds and Related Notices
A payment bond is a type of surety bond that generally guarantees that all subcontractors, laborers,
and material suppliers will be paid for their work on or materials contributed to a construction project. 29
It forms a three-part contract between the owner, the contractor, and the surety to ensure that liens are
not filed on the property, serving as the security for payment in lieu of the typical right to claim a lien.
The payment bond must be furnished in at least the amount of the original contract price before
beginning the construction project, and a copy of the bond must be attached to the recorded notice of
commencement.30
For a private project, contractors are not obligated to obtain a payment bond, but current law requires
contractors to obtain a payment bond for public projects over $100,000.31 However, in lieu of the
payment bond, a contractor working on a public project may file with the state, county, city, or other
political authority an alternative form of security in the form of cash, a money order, a certified check, a
cashier’s check, an irrevocable letter of credit, or a security of a type listed in part II of chapter 625,
F.S., dealing with investments.32
Before paying a subcontractor, laborer, or material supplier, a contractor may request that such person
provide a waiver of right to claim against the payment bond. Such a waiver serves as a receipt
acknowledging payment for services performed or materials provided and waives the ability to seek
payment from the surety.33 Current law provides a statutory form for a waiver of right to claim against a
payment bond and prohibits a contractor from requiring anyone to sign a waiver that is substantially
different from the form.34
If the general contractor fails to pay a subcontractor, laborer, or material supplier, such person may
seek payment directly from the surety. In order to receive protection under a payment bond for a
project, a subcontractor or material supplier 35 not in privity with the contractor must serve the contractor
with a written notice of intent to seek protection under the bond. 36 Such notice must be served no later
than 45 days after the first furnishing of services or materials for the project. 37
An action to enforce a claim against the payment bond must be instituted against the contractor or the
surety within one year after the performance of the labor or completion of delivery of the materials or
supplies.38 However, if a claimant is no longer furnishing labor, services, or materials on a project, a
contractor may elect to shorten the time within which such an action must be commenced by serving a
notice of contest of claim against the payment bond on the claimant and recording the notice in the
clerk’s office along with a certificate of service.39 The claim of any claimant who is served with such
notice and who fails to file a lawsuit to enforce his or her claim against the payment bond within 60 days
of service is automatically extinguished.40
27 S. 713.135(1)(d), F.S.
28
S. 713.135(1)(d) and (3), F.S.
29 S. 713.23, F.S.
30 S. 713.23(1)(a), F.S.
31 S. 255.05(1)(d), F.S.
32 S. 255.05(7), F.S.
33 Ss. 255.05(2), and 713.235, F.S.
34 Id.
35 Laborers are exempt from this requirement. Ss. 255.05(2)(a)2., 337.18(1)(c), and 713.23(1)(c), F.S.
36 Id.
37 Ss. 255.05(2)(a)2. and 713.23(1)(c), F.S.
38 Ss. 255.05(10) and 713.23(1)(e), F.S.
39 S. 255.05(2)(a)1. and 713.23(1)(e), F.S.
40 Id.
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Transfer of Liens to Security
Any construction lien claimed may be transferred from the real property to a security by a person with
an interest in the real property or the contract under which the lien is claimed by either depositing
money or filing a bond with the clerk’s office.41 Cash deposited or a bond filed to transfer a lien must be
in an amount equal to the amount demanded in the lien, plus interest thereon at the legal rate for three
years, plus $1,000 or 25 percent of the demanded amount, whichever is greater. 42 Once such a deposit
is made, the clerk must record a certificate showing the transfer of the lien from the real property to the
security, and upon the recording of such certificate, the real property is released from the lien, which is
transferred to the security.43
However, any person having an interest in such security or the property from which the lien was
transferred may file a complaint in the circuit court of the county where such security is deposited, or file
a motion in a pending action to enforce a lien, for an order to require additional security, the reduction
of security, a change or substitution of securities, the payment of discharge thereof, or any other matter
affecting the security.44
Licensed General and Building Contractors
Licensed construction contractors are either certified by or registered with the Construction Industry
Licensing Board (“CILB”) within the Department of Business and Professional Regulation (“DBPR”).
"Certified contractors" are persons who pass the state competency examination and obtain a certificate
of competency issued by DBPR.45 A certified contractor may perform contracting in any jurisdiction in
the state without fulfilling the local jurisdiction’s competency requirements.46 “Registered contractors”
are persons who have taken and passed a competency examination administered by a local
government and who have then registered with DBPR. 47 A registered contractor may perform
contracting only in the local jurisdiction where his or her license is issued.48
Contractors, whether certified or registered, may be “general contractors” or “building contractors.” A
general contractor is a person who may contract for and perform any type of construction service
unless the work must be subcontracted to a licensed subcontractor.49 A building contractor is a person
who may contract for and perform construction services for commercial and residential buildings not
exceeding three stories in height, or for any size building if the construction does not affect the
building’s structural frame, unless such work must be subcontracted to a licensed subcontractor.50
Current law allows a local government to hire a construction manager51 and program manager52 for its
construction projects, and allows the state to hire a construction manager for state construction
projects.53 A construction or program manager hired by a local government is not required to be a
licensed contractor, engineer, or architect, but if such person is not licensed, he or she must hire a
licensed professional to perform any job requiring a license.54 However, a construction manager hired
by the state must be a licensed general or building contractor.55
41
S. 713.24(1), F.S.
42 Id.
43 Id.
44 S. 713.24(3), F.S.
45 S. 489.105(8), F.S.
46
Id.
47 S. 489.105(10), F.S.
48 S. 489.103, F.S.
49 Ss. 489.105(3), and 489.113, F.S.
50 Id.
51 A construction manager is responsible for the overall management of a construction project. DBPR does not regulate construction
managers. The Florida Bar, Florida Construction Law Practice, Chapter 4: Rights and Liabilities of Construction Managers (9th ed.
2018).
52 A program manager is “responsible for schedule control, cost control, and coordination in providing or procuring planning, de sign,
and construction services.” DBPR does not regulate program managers. S. 255.103(3), F.S.
53 S. 255.32(2), F.S.
54 Id.
55 S. 255.32(1), F.S.
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Though the construction lien law allows any person who provides services, labor, or materials for
improving real property (except public property) to place a construction lien on the property,56 it is
unclear under Florida law if construction or program managers may do so because they do not
necessarily provide labor, services, or materials that improves real property. 57
Further, the lien law provides that a contractor may file a lien for any money owed to him or her for
labor, services, or materials 58 but defines a “contractor” as any person other than a materialman or
laborer who contracts with an owner to improve the owner’s real property. 59 The definition also includes
a licensed architect or engineer who improve real property through a design-build contract60 but does
not include a licensed general or building contractor providing construction or program manager
services.61 Some courts have determined that persons serving as construction or program managers
may not file construction liens, even where such persons are licensed contractors.62
Notice of Termination
An owner may terminate a notice of commencement before it expires by recording a notice of
termination that includes:
All the information in the notice of commencement;
The notice of commencement’s reference numbers from the official records of the clerk’s office
and effective date;
The date the notice of commencement is terminated, which may not be earlier than 30 days
after the notice of termination is recorded;
A statement that all persons who worked on the property have been paid in full; and
A statement that the owner has served a copy of the notice of termination to the contractor and
every person in privity with the owner who timely served a notice to owner.63
An owner may record a notice of termination after:
Completion of the construction project; or
Work stops on the project and every person who worked on the property has been paid. 64
If the owner serves a copy of the notice of termination on every person in privity with the owner and
who served a notice to owner before the recording of the notice of termination, a notice of
commencement terminates 30 days after the notice of termination is recorded or on the termination
date stated in the notice, whichever is later.65
Manner of Serving Documents
Documents authorized or required under the construction lien law, and notices to contractors for
payment bonds for public construction projects, must be served by:
Actual delivery to the person being served; if a partnership, to one partner; if a corporation, to
an officer, director, managing agent, or business agent; or if a limited liability company, to a
member or manager; or
56 See generally ch. 713, F.S.
57
Scott Wolfe, Jr., Can Construction Managers File Mechanics Liens?, https://www.levelset.com/blog/can-construction-managers-file-
mechanics-liens/ (last visited Feb. 14, 2023).
58 S. 713.05, F.S.
59 S. 713.01(8), F.S.
60 S. 713.01(8), F.S.
61 Id.
62 See, e.g., O’Kon and Company, Inc. v. Riedel, 540 So. 2d 836, 839-40 (Fla. 1st DCA 1988) (“Chapter 713, which provides for
professionals offering services to file a lien for services, does not include ‘project managers.’”); see also, e.g., Medellin v. MLA
Consulting, Inc., 69 So. 3d 372 (Fla. 5th DCA 2011) (A person cannot file a construction lien for home construction consulting services
because it does not improve real property.); See also The Florida Bar, supra note 51.
63 S. 713.132(1), F.S.
64 S. 713.132(3), F.S.
65 S. 713.132(4), F.S.
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Common carrier delivery service or by registered, Global Express Guaranteed, or certified mail,
to the person being served with postage or shipping paid by the sender and with evidence of
delivery; or
Posting on the construction site if service cannot be performed by the other two methods. 66
Service of a document by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail is effective on the day the document is mailed, if it is:
Sent to the last address shown in the notice of commencement or, in the absence of such a
notice, to the last address shown in the building permit application or to the last known address
of the person to be served; and
Returned as being “refused,” “moved, not forwardable,” or “unclaimed,” or is otherwise not
delivered or deliverable through no fault of the person serving the item. 67
However, for construction projects where there is a payment bond, a notice to contractor is effective on
the date of mailing if:
The notice is mailed by registered, Global Express Guaranteed, or certified mail, with postage
prepaid, to the person to be served at the last address shown in the notice of commencement,
the last address shown in the building permit application, or the last known address of the
person being served;
The notice is mailed within 40 days after the date the person first furnishes labor, services, or
materials; and
The person who served the notice maintains:
o A registered or certified mail log that shows the mail number issued by the United States
Postal Service (“USPS”), the name and address of the person served, and the date
stamp of the USPS confirming the date of mailing; or
o Electronic tracking records generated by the USPS containing the tracking number, the
name and address of the person served, and verification of the date of receipt by the
USPS.68
Current law also provides that service of a construction lien notice on one property owner or on one
partner of a partnership that owns a property is deemed to provide notice to all owners or partners.69
Duration of Lien
An action to enforce a properly recorded construction lien must be brought within one year of recording
or one year after the recording of an amended claim of lien showing a later final furnishing date, unless
the owner of the subject property chooses to shorten the enforcement period by recording a notice of
contest of lien in the clerk’s office.70 After a notice of contest of lien is filed, the clerk’s office must serve
a copy of the notice on the lienor at the address shown in the claim of lien, certify to such service and
the date of service on the notice’s face, and record the notice. 71 The lien of any lienor served with a
notice of contest of lien who fails to sue to enforce the lien within 60 days of service of the notice is
automatically extinguished.72
Discharge of Liens
A construction lien may be discharged by:
Entering satisfaction of the lien on the margin of the lien document recorded with the clerk’s
office, if allowed by law;
Filing satisfaction with the clerk’s office;
Failing to begin an action to enforce the lien within the statutorily-prescribed time frame;
66 S. 713.18(1), F.S.
67 S. 713.18(3), F.S.
68 S. 713.18(2), F.S.
69 S. 713.18, F.S.
70 S. 713.22(1) and (2), F.S.
71 S. 713.22(2), F.S.
72 Id.
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Judicial order of the circuit court of the county where the property is located; or
Recording in the clerk’s office a court judgment or decree showing the action’s final
determination.73
Attorney Fees and Costs
The prevailing party in an action to enforce a lien or a claim against a payment bond is entitled to
recover his or her reasonable attorney fees and costs.74
Computation of Time
Florida’s construction lien law establishes many timeframes for filing or serving notices and other
documents but does not specify a method for computing such time periods. However, Florida courts
have noted that “the uniform rule in computing time periods is that the first day of the period is excluded
from the computation, and the last day is included.” 75 Further, where a statute does not specify a
method for computing time, Rule 2.514 of the Florida Rules of Judicial Administration applies, providing
that, when a time period is stated in days or a longer temporal unit, the parties should:
Begin counting from the next day that is not a Saturday, Sunday, or legal holiday;
Count every day, including intermediate Saturdays, Sundays, and legal holidays; and
Include the last day of the period, unless that day is a Saturday, Sunday, or legal holiday, or
falls within any time period extended through an order of the chief justice, in which case the time
period continues to run until the end of the next day that is not a Saturday, Sunday, or legal
holiday and does not fall within any time period extended through an order of the chief justice.
Finance Charges
Chapter 713, F.S., does not define “finance charge,” but uses the phrase “finance charges due under
the lienor’s contract” everywhere the phrase “finance charges” appears in the chapter. Thus, it can be
inferred that the lienor’s contract would define “finance charge” in the construction lien context.
Applicability of Ch. 65-456, Laws of Florida
Section 713.25, F.S., provides that ch. 65-456, Laws of Florida, takes effect on July 1, 1965, but does
not apply to any act required to be done within a time period which is running on that date or to existing
projects where its operation would impair vested rights.
73 S. 713.21, F.S.
74 S. 713.29, F.S.
75 Site-Prep, Inc. v. Tai, 472 So. 2d 766 (Fla. 5th DCA 1985), citing McMillen v. Hamilton, 48 So. 2d 162 (Fla. 1950).
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Effect of Proposed Changes
Notice of Commencement
CS/HB 331 modifies the statutorily-provided notice of commencement form to reflect that the person
signing the notice may use an online notary.76 Additionally, the bill:
Authorizes a building permit applicant to submit the clerk’s office77 official records identifying
information for the recorded notice of commencement, including the instrument number or the
number and page of book, to the issuing authority in lieu of a certified copy of the notice or
notarized statement of filing.
Provides that the building permit issuing authority is not liable in any civil action for failing to
verify that the building permit applicant submitted one of the acceptable forms of proof that the
applicant filed a notice of commencement.
Increases the contract amount which excuses a building permit applicant from filing a copy of
the notice of commencement or an authorized alternative with the issuing authority, from $2,500
to $7,500.
Payment Bonds and Related Notices
The bill amends the service requirements for a notice of contest of claim against a payment bond to
require that, after the contractor serves the notice on the person claiming against the payment bond
(“the claimant”) and records the notice with the clerk’s office along with a certificate of service, the clerk
must serve a copy of such recorded notice on the claimant and the contractor or his or her attorney.
The bill also:
Modifies the notice of nonpayment form to reflect that the person signing the notice may use an
online notary.
Specifies that, while a lienor must still serve a notice of nonpayment on the general contractor to
receive protection under a payment bond, he or she may serve a copy of the notice on the
surety.
For a construction project on a public building, if the payment bond is not recorded before the
commencement of work or before the recommencement of work after a default or abandonment
if applicable, the claimant may serve the notice to contractor up to 45 days after the date he or
she is served with a copy of the bond.
Modifies the available alternative forms of security that may be filed in lieu of a payment bond
for public projects to remove an irrevocable letter of credit and a security of a type limited in Part
II of Ch. 125, F.S., and to add a domestic corporate bond or debenture as authorize in s.
625.317, F.S.
Transfer of Liens to Security
The bill increases the amount of the bond required to be deposited or filed with the clerk’s office to
transfer a lien to a security. Specifically, the bill changes the amount required to the amount demanded
in the lien, plus interest at the legal rate for three years, plus $5,000 or 25 percent of the amount
demanded in the lien, whichever is greater. Further, the bill requires that the clerk include a copy of the
deposit or bond used for the transfer with the certificate made and recorded to show the lien’s transfer.
76 In 2019, the Legislature authorized the use of online notaries. An online notary may perform an online notarization, regardle ss of the
physical location of the principal at the time of the notarial act, if the notary is physically located in Florida and confirms that the principal
desires for the notarial act to be performed by a Florida notary public under Florida law. Ch. 2019 -71, Laws of Fla.; S. 117.265(3), F.S.
77 The bill redefines “clerk’s office” to mean the office of the clerk of the circuit court of the county, or another officer se rving as the
county recorder as provided by law, in which the real property is located.
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Licensed General and Building Contractors
The bill amends the definition of “contractor” to include any licensed general or building contractor who
provides construction or program management services.78 This guarantees to such licensed general
and building contractors the ability to claim construction liens if they are not paid for their work.
Notice of Termination
The bill requires that a notice of termination be served before recording on each lienor in privity with the
owner and on each person who timely served a notice to owner before the recording of the notice of
termination. Under the bill, if it is thus served, a notice of termination terminates the notice of
commencement 30 days after it is recorded. However, the bill also requires an owner to serve a copy of
the notice of termination on any lienor who began work under a notice of commencement before its
termination, lacks a direct contract with the owner, and timely serves a notice to owner after the notice
of termination is recorded. Under the bill, the notice of termination is effective as to such lienors 30 days
after service.
The bill also:
Specifies that a notice of termination must include a statement that the owner will serve a copy
of the notice on all lienors who time serve a notice to owner after the notice of termination’s
recording.
Deletes a provision specifying that an owner may only record a notice of termination after
construction completion or when construction ceases before completion and all lienors have
been paid, specifying instead that such notice may be recorded after all lienors have been paid.
Clarifies that the notice of termination must include the official records reference numbers and
recording date affixed to the recorded notice of commencement by the recording office.
Manner of Serving Documents
The bill:
Specifies that all documents allowed or required under the construction lien law must be served
as provided in s. 713.18, F.S., relating to manner of serving documents.
Clarifies that “actual delivery” of a notice means “hand delivery.”
Provides that service by mail must be made to the person to be served.
Clarifies that service of a notice sent through the mail is effective upon mailing or shipping.
Specifies that service to a partnership, corporation, or limited liability company may be made on
an employee or agent authorized by the business to receive service.
Further, the bill modifies the requirement that, for service to be effective on the date of mailing, the
person serving a notice to contractor where a payment bond applies must maintain electronic tracking
records generated by the USPS, deleting the requirement that the records be electronic and specifying
that they may be either generated or approved by the USPS. The bill also deletes the requirements that
such tracking records contain the name and address of the person served.
Duration of Lien
The bill specifies that after the property owner files a notice of contest of lien with the clerk’s office and
the clerk’s office serves a copy of the notice on the lienor and records the notice with a certificate of
service, the clerk’s office must serve a copy of the recorded notice on the lienor and the owner or the
owner’s attorney.
Discharge of Liens
78 The bill specifies that construction management services include scheduling and coordinating both preconstruction and construction
phases for the construction project. The bill also specifies that program management services include schedule control, cost control,
and coordination in providing or procuring planning, design, and construction.
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The bill provides that the methods specified for discharging a lien may also be used to release a lien, in
whole or in part. The bill also specifies that, if a satisfaction or release of lien is filed with the clerk’s
office, the satisfaction or release must include the lienor’s notarized signature and the official reference
number and recording date affixed by the recording office on the subject lien. Finally, the bill clarifies
that, upon the filing of a complaint for satisfaction or release of lien, and the issuance of a summons to
the lienor to show cause within 20 days, the 20-day deadline is tied to the lienor’s receipt of the
summons.
Attorney Fees and Costs
The bill provides that a prevailing party in an action to enforce a lien transferred to a security may
recover his or her reasonable attorney fees in an amount to be determined by the court. The bill also
clarifies that, where a prevailing party is entitled to recover his or her reasonable attorney fees in an
arbitration action to enforce a claim against a payment bond, the amount or the attorney fees to be
awarded may be determined by the arbitrator.
Computation of Time
The bill provides that, in computing any time period relating to the construction lien law, if the last day of
the time period is a Saturday, Sunday, legal holiday, or any day observed as a holiday by the clerk’s
office or designated as such by the chief judge of the circuit, the time period is extended to the end of
the next business day.
However, the bill also provides that, if the clerk’s office is closed in response to an emergency79 for one
or more days, so that a person may not present a document for recording or an action for filing in
person with the clerk’s staff, the time period for recording a document or filing an action with the clerk’s
office relating to the construction lien law is tolled.80 Under the bill, when the clerk’s office reopens, the
time period is extended by the number of days the clerk’s office was closed.
Finance Charges
The bill defines “finance charge” as the contractually specified additional amount to be paid by the
obligor on any balance that remains unpaid by the due date set forth in the credit agreement or other
contract.
Applicability of Ch. 65-456, Laws of Florida
The bill repeals s. 713.25, F.S., as it is outdated and no longer applicable.
Miscellaneous Provisions
The bill:
Makes technical, grammatical, and conforming changes.
Provides an effective date of July 1, 2023.
79 The bill does not define what constitutes “an emergency.”
80 Under the bill, the time periods are tolled even where the clerk’s office is still accepting documents for filing or recordin g through its e-
filing service.
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B. SECTION DIRECTORY:
Section 1: Amends s. 255.05, F.S., relating to bond of contractor constructing public buildings; form;
action by claimants.
Section 2: Amends s. 337.28, F.S., relating to surety bonds for construction or maintenance contracts;
requirement with respect to contract awards; bond requirements; defaults; damage
assessments.
Section 3: Amends s. 713.01, F.S., relating to definitions.
Section 4: Creates s. 713.011, F.S., relating to computation of time.
Section 5: Amends s. 713.10, F.S., relating to extent of lien.
Section 6: Amends s. 713.13, F.S., relating to notice of commencement.
Section 7: Amends s. 713.132, F.S., relating to notice of termination.
Section 8: Amends s. 713.135, F.S., relating to notice of commencement and applicability of lien.
Section 9: Amends s. 713.18, F.S., relating to manner of serving notice and other instruments.
Section 10: Amends s. 713.21, F.S., relating to discharge of lien.
Section 11: Amends s. 713.22, F.S., relating to duration of lien.
Section 12: Amends s. 713.23, F.S., relating to payment bond.
Section 13: Amends s. 713. 24, F.S., relating to transfer of liens to security.
Section 14: Repeals s. 713.25, F.S., relating to applicability of ch. 65-456, L.O.F.
Section 15: Amends s. 713.29, F.S., relating to attorney’s fees.
Section 16: 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:
The bill may increase expenditures for Clerks of the Circuit Court to the extent the Clerks cannot
cover the costs associated with the bill’s new service requirements with existing resources.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may cause more subcontractors, laborers, and material suppliers to receive compensation for
the labor, services, or materials they supply for construction projects, which may have a positive
indeterminate impact on the private sector. However, the bill may have a negative indeterminate impact
on the private sector by making it costlier to transfer a lien to a payment bond, and an indeterminate
impact on the private sector by eliminating and replacing certain alternative forms of security that a
contractor working on public project may file in lieu of a payment bond.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
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DATE: 3/7/2023
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 requires the Clerks of the Circuit Court to serve specified recorded notices;
however, an exception may apply as the Clerks may be able to cover the costs associated with such
service requirements with existing resources.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 14, 2023, the Civil Justice subcommittee adopted an amendment and reported the bill
favorably as a committee substitute. The committee substitute:
Increased the contract amount which excuses a building permit applicant from filing a copy of the
recorded notice of commencement with the issuing authority from $2,500 to $7,500.
Made technical, clarifying changes.
This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 331 2023
1 A bill to be entitled
2 An act relating to liens and bonds; amending s.
3 255.05, F.S.; requiring the clerk to serve a copy of a
4 notice of contest of claim on certain persons after it
5 has been recorded; revising when a notice of contest
6 of claim against a payment bond must be served;
7 requiring that a copy of a notice of nonpayment be
8 served on the surety; revising the process for
9 notarizing a notice of nonpayment; revising authorized
10 alternative forms of security; requiring service of
11 documents to be made in a specified manner; conforming
12 provisions to changes made by the act; making
13 technical changes; amending s. 337.18, F.S.; requiring
14 service of documents to be made in a specified manner;
15 conforming provisions to changes made by the act;
16 amending s. 713.01, F.S.; revising and providing
17 definitions; creating s. 713.011, F.S.; providing for
18 the computation of time when certain time periods fall
19 on specified days or during an emergency; amending s.
20 713.10, F.S.; revising the extent of certain liens;
21 amending s. 713.13, F.S.; conforming a cross-
22 reference; revising the process for notarizing a
23 notice of commencement; making technical changes;
24 amending s. 713.132, F.S.; revising requirements for a
25 notice of termination; revising when an owner may
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26 record a notice of termination; specifying when a
27 notice of termination terminates a notice of
28 commencement; amending s. 713.135, F.S.; providing a
29 definition; providing applicability; revising the
30 dollar threshold of an exception; providing immunity;
31 amending s. 713.18, F.S.; requiring service of
32 documents relating to construction bonds to be made in
33 a specified manner; authorizing employees or agents of
34 specified entities to receive service of certain
35 documents; making technical changes; amending s.
36 713.21, F.S.; authorizing the full or partial release
37 of a lien under specified conditions; making technical
38 changes; amending s. 713.22, F.S.; requiring the clerk
39 to serve a copy of a notice of contest of lien on
40 certain persons after it has been recorded; making
41 technical changes; amending s. 713.23, F.S.; requiring
42 that a copy of a notice of nonpayment be served on the
43 surety; revising the process for notarizing a notice
44 of nonpayment under a payment bond; requiring the
45 clerk to serve a copy of a notice of contest of lien
46 on certain persons after it has been recorded;
47 amending s. 713.24, F.S.; revising the amount required
48 in addition to the deposit or bond that applies toward
49 attorney fees and court costs; requiring the clerk to
50 make a copy of the deposit or bond used to transfer a
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51 lien to other security and mail it to the lienor;
52 making technical changes; repealing s. 713.25, F.S.,
53 relating to applicability of ch. 65-456, Laws of
54 Florida; amending s. 713.29, F.S.; authorizing
55 attorney fees in actions brought to enforce a lien
56 that has been transferred to security; making
57 technical changes; providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Paragraph (a) of subsection (2) and subsection
62 (7) of section 255.05, Florida Statutes, are amended, and
63 subsection (12) is added to that section, to read:
64 255.05 Bond of contractor constructing public buildings;
65 form; action by claimants.—
66 (2)(a)1. If a claimant is no longer furnishing labor,
67 services, or materials on a project, a contractor or the
68 contractor's agent or attorney may elect to shorten the time
69 within which an action to enforce any claim against a payment
70 bond must be commenced by recording in the clerk's office a
71 notice in substantially the following form:
72
73 NOTICE OF CONTEST OF CLAIM
74 AGAINST PAYMENT BOND
75
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76 To: ...(Name and address of claimant)...
77
78 You are notified that the undersigned contests your notice
79 of nonpayment, dated ............, ........, and served on the
80 undersigned on ............, ........, and that the time within
81 which you may file suit to enforce your claim is limited to 60
82 days after the date of service of this notice.
83
84 DATED on ............, .........
85
86 Signed: ...(Contractor or Attorney)...
87
88 The claim of a claimant upon whom such notice is served and who
89 fails to institute a suit to enforce his or her claim against
90 the payment bond within 60 days after service of such notice is
91 extinguished automatically. The contractor or the contractor's
92 attorney shall serve a copy of the notice of contest on to the
93 claimant at the address shown in the notice of nonpayment or
94 most recent amendment thereto and shall certify to such service
95 on the face of the notice and record the notice. After the clerk
96 records the notice with the certificate of service, the clerk
97 shall serve, in accordance with s. 713.18, a copy of such
98 recorded notice on the claimant and the contractor or the
99 contractor's attorney.
100 2. A claimant, except a laborer, who is not in privity
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101 with the contractor shall, before commencing or not later than
102 45 days after commencing to furnish labor, services, or
103 materials for the prosecution of the work, serve the contractor
104 with a written notice that he or she intends to look to the bond
105 for protection. If the payment bond is not recorded before the
106 commencement of work or before the recommencement of work after
107 a default or abandonment as required by subsection (1), the
108 claimant may serve the contractor with such written notice up to
109 45 days after the date that the claimant is served with a copy
110 of the bond. A claimant who is not in privity with the
111 contractor and who has not received payment for furnishing his
112 or her labor, services, or materials shall serve a written
113 notice of nonpayment on the contractor and a copy of the notice
114 of nonpayment on the surety. The notice of nonpayment must shall
115 be under oath and served during the progress of the work or
116 thereafter but may not be served earlier than 45 days after the
117 first furnishing of labor, services, or materials by the
118 claimant or later than 90 days after the final furnishing of the
119 labor, services, or materials by the claimant or, with respect
120 to rental equipment, later than 90 days after the date that the
121 rental equipment was last on the job site of the improvement and
122 available for use. Any notice of nonpayment served by a claimant
123 who is not in privity with the contractor which includes sums
124 for retainage must specify the portion of the amount claimed for
125 retainage. An action for the labor, services, or materials may
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126 not be instituted against the contractor or the surety unless
127 the notice to the contractor and notice of nonpayment have been
128 served, if required by this section. Notices required or
129 permitted under this section must be served in acco rdance with
130 s. 713.18. A claimant may not waive in advance his or her right
131 to bring an action under the bond against the surety. In any
132 action brought to enforce a claim against a payment bond under
133 this section, the prevailing party is entitled to recove r a
134 reasonable fee for the services of his or her attorney for trial
135 and appeal or for arbitration, in an amount to be determined by
136 the court or arbitrator, which fee must be taxed as part of the
137 prevailing party's costs, as allowed in equitable actions. The
138 time periods for service of a notice of nonpayment or for
139 bringing an action against a contractor or a surety are shall be
140 measured from the last day of furnishing labor, services, or
141 materials by the claimant and may not be measured by other
142 standards, such as the issuance of a certificate of occupancy or
143 the issuance of a certificate of substantial completion. The
144 negligent inclusion or omission of any information in the notice
145 of nonpayment that has not prejudiced the contractor or surety
146 does not constitute a default that operates to defeat an
147 otherwise valid bond claim. A claimant who serves a fraudulent
148 notice of nonpayment forfeits his or her rights under the bond.
149 A notice of nonpayment is fraudulent if the claimant has
150 willfully exaggerated the amount unpaid, willfully included a
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151 claim for work not performed or materials not furnished for the
152 subject improvement, or prepared the notice with such willful
153 and gross negligence as to amount to a willful exaggeration.
154 However, a minor mistake or error in a notice of nonpayment, or
155 a good faith dispute as to the amount unpaid, does not
156 constitute a willful exaggeration that operates to defeat an
157 otherwise valid claim against the bond. The service of a
158 fraudulent notice of nonpayment is a complete defense to the
159 claimant's claim against the bond. The notice of nonpayment
160 under this subparagraph must include the following information,
161 current as of the date of the notice, and must be in
162 substantially the following form:
163
164 NOTICE OF NONPAYMENT
165
166 To: ...(name of contractor and address)...
167
168 ...(name of surety and address)...
169
170 The undersigned claimant notifies you that:
171 1. Claimant has furnished ...(describe labor, services, or
172 materials)... for the improvement of the real property
173 identified as ...(property description).... The corresponding
174 amount unpaid to date is $...., of which $.... is unpaid
175 retainage.
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176 2. Claimant has been paid to date the amount of $.... for
177 previously furnishing ...(describe labor, services, or
178 materials)... for this improvement.
179 3. Claimant expects to furnish ...(describe labor,
180 services, or materials)... for this improvement in the future
181 (if known), and the corresponding amount expected to become due
182 is $.... (if known).
183
184 I declare that I have read the foregoing Notice of Nonpayment
185 and that the facts stated in it are true to the best of my
186 knowledge and belief.
187
188 DATED on ............, .........
189
190 ...(signature and address of claimant)...
191
192 STATE OF FLORIDA
193 COUNTY OF ........
194
195 The foregoing instrument was sworn to (or affirmed) and
196 subscribed before me by means of ☐ physical presence or sworn to
197 (or affirmed) by ☐ online notarization this .... day of ....,
198 ...(year)..., by ...(name of signatory)....
199
200 ...(Signature of Notary Public - State of Florida)...
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201 ...(Print, Type, or Stamp Commissioned Name of Notary
202 Public)...
203
204 Personally Known ........ OR Produced Identification ........
205
206 Type of Identification Produced
207 (7) In lieu of the bond required by this section, a
208 contractor may file with the state, county, city, or other
209 political authority an alternative form of security in the form
210 of cash;, a money order;, a certified check;, a cashier's
211 check;, an irrevocable letter of credit, or a domestic corporate
212 bond, note, or debenture as authorized in s. 625.317 security of
213 a type listed in part II of chapter 625. Any such alternative
214 form of security is shall be for the same purpose and be subject
215 to the same conditions as those applicable to the bond required
216 by this section. The determination of the value of an
217 alternative form of security shall be made by the appropriate
218 state, county, city, or other political subdivision shall
219 determine the required value of an alternative form of security .
220 (12) Unless otherwise provided in this section, service of
221 any document must be made in accordance with s. 713.18.
222 Section 2. Paragraph (c) of subsection (1) of section
223 337.18, Florida Statutes, is amended, and subsection (6) is
224 added to that section, to read:
225 337.18 Surety bonds for construction or maintenance
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226 contracts; requirement with respect to contract award; bond
227 requirements; defaults; damage assessments.—
228 (1)
229 (c) A claimant, except a laborer, who is not in privity
230 with the contractor shall, before commencing or not later than
231 90 days after commencing to furnish labor, materials, or
232 supplies for the prosecution of the work, furnish the contractor
233 with a notice that he or she intends to look to the bond for
234 protection. A claimant who is not in privity with the contractor
235 and who has not received payment for his or her labor,
236 materials, or supplies shall deliver to the contractor and to
237 the surety written notice of the performance of the labor or
238 delivery of the materials or supplies and of the nonpayment. The
239 notice of nonpayment may be served at any time during the
240 progress of the work or thereafter but not before 45 days after
241 the first furnishing of labor, services, or materials, and not
242 later than 90 days after the final furnishing of the labor,
243 services, or materials by the claimant or, with respect to
244 rental equipment, not later than 90 days after the date that the
245 rental equipment was last on the job site of the improvement and
246 available for use. An action by a claimant, except a laborer,
247 who is not in privity with the contractor for the labor,
248 materials, or supplies may not be instituted against the
249 contractor or the surety unless both notices have been given.
250 Written notices required or permitted under this section must
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251 may be served in accordance with any manner provided in s.
252 713.18.
253 (6) Unless otherwise provided in this section, service of
254 any document must be made in accordance with s. 713.18.
255 Section 3. Subsections (13) through (29) of section
256 713.01, Florida Statutes, are renumbered as subsections (14)
257 through (30), respectively, subsections (4), (8), and (12) are
258 amended, and a new subsection (13) is added to that section, to
259 read:
260 713.01 Definitions.—As used in this part, the term:
261 (4) "Clerk's office" means the office of the clerk of the
262 circuit court of the county, or another office serving as the
263 county recorder as provided by law, in which the real property
264 is located.
265 (8) "Contractor" means a person other than a materialman
266 or laborer who enters into a contract with the owner of real
267 property for improving it, or who takes over from a contractor
268 as so defined the entire remaining work under such contract. The
269 term "contractor" includes an architect, landscape architect, or
270 engineer who improves real property pursuant to a design -build
271 contract authorized by s. 489.103(16). The term also includes a
272 licensed general contractor or building contractor, as those
273 terms are defined in s. 489.105(3)(a) and (b), respectively, who
274 provides construction management services, which include
275 scheduling and coordinating preconstruction and construction
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276 phases for the construction project, or who provides program
277 management services, which include schedule control, cost
278 control, and coordinating the provision or procurement of
279 planning, design, and construction for the construction project.
280 (12) "Final furnishing" means the last date that the
281 lienor furnishes labor, services, or materials. Such date may
282 not be measured by other standards, such as the issuance of a
283 certificate of occupancy or the issuance of a certificate of
284 final completion, and does not include the correction of
285 deficiencies in the lienor's previously performed work or
286 materials supplied. With respect to rental equipment, the term
287 means the date that the rental equipment was last on the job
288 site of the improvement and available for use.
289 (13) "Finance charge" means a contractually specified
290 additional amount to be paid by the obligor on any balance that
291 remains unpaid by the due date set forth in the credit agreement
292 or other contract.
293 Section 4. Section 713.011, Florida Statutes, is created
294 to read:
295 713.011 Computation of time.—
296 (1) In computing any time period under this part, if the
297 last day of the time period is a Saturday, Sunday, or holiday
298 specified in s. 110.117(1), or any day observed as a holiday by
299 the clerk's office or designated as a holiday by the chief judge
300 of the circuit, the time period is extended to the end of the
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301 next business day.
302 (2) If the clerk's office is closed in response to an
303 emergency for 1 or more days so that a person may not present a
304 document for recording or an action for filing in person to the
305 clerk's staff, the time period for recording a document or
306 filing an action with the clerk's office under this part is
307 tolled. When the clerk's office reopens, the time period is
308 extended by the number of days the clerk's office was closed.
309 Section 5. Paragraph (b) of subsection (2) of section
310 713.10, Florida Statutes, is amended, and subsection (4) is
311 added to that section, to read:
312 713.10 Extent of liens.—
313 (2)
314 (b) The interest of the lessor is not subject to liens for
315 improvements made by the lessee when:
316 1. The lease, or a short form or a memorandum of the lease
317 that contains the specific language in the lease prohibiting
318 such liability, is recorded in the official records of the
319 county where the premises are located before the recording of a
320 notice of commencement for improvements to the premises and the
321 terms of the lease expressly prohibit such liability; or
322 2. The terms of the lease expressly prohibit such
323 liability, and a notice advising that leases for the rental of
324 premises on a parcel of land prohibit such liability has been
325 recorded in the official records of the county in which the
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326 parcel of land is located before the recording of a notice of
327 commencement for improvements to the premises, and the notice
328 includes the following:
329 a. The name of the lessor.
330 b. The legal description of the parcel of land to which
331 the notice applies.
332 c. The specific language contained in the various leases
333 prohibiting such liability.
334 d. A statement that all or a majority of the leases
335 entered into for premises on the parcel of land expressly
336 prohibit such liability.
337 3. The lessee is a mobile home owner who is leasing a
338 mobile home lot in a mobile home park from the lessor.
339
340 A notice that is consistent with subparagraph 2. effectively
341 prohibits liens for improvements made by a lessee even if other
342 leases for premises on the parcel do not expressly prohibit
343 liens or if provisions of each lease restricting the application
344 of liens are not identical.
345 (4) The interest of the lessor is not subject to liens for
346 improvements made by the lessee when the lessee is a mobile home
347 owner who is leasing a mobile home lot in a mobile home park
348 from the lessor.
349 Section 6. Paragraphs (a) and (d) of subsection (1) of
350 section 713.13, Florida Statutes, are amended to read:
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351 713.13 Notice of commencement.—
352 (1)(a) Except for an improvement that is exempt under
353 pursuant to s. 713.02(5), an owner or the owner's authorized
354 agent before actually commencing to improve any real pro perty,
355 or recommencing completion of any improvement after default or
356 abandonment, whether or not a project has a payment bond
357 complying with s. 713.23, shall record a notice of commencement
358 in the clerk's office and forthwith post either a certified copy
359 thereof or a notarized statement that the notice of commencement
360 has been filed for recording along with a copy thereof. The
361 notice of commencement must shall contain all of the following
362 information:
363 1. A description sufficient for identification of the real
364 property to be improved. The description must should include the
365 legal description of the property and also should include the
366 street address and tax folio number of the property if available
367 or, if the there is no street address is not available, such
368 additional information as will describe the physical location of
369 the real property to be improved.
370 2. A general description of the improvement.
371 3. The name and address of the owner, the owner's interest
372 in the site of the improvement, and the name and address of the
373 fee simple titleholder, if other than such owner. A lessee who
374 contracts for the improvements is an owner as defined in s.
375 713.01 under s. 713.01(23) and must be listed as the owner
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376 together with a statement that the ownership interest is a
377 leasehold interest.
378 4. The name and address of the contractor.
379 5. The name and address of the surety on the payment bond
380 under s. 713.23, if any, and the amount of such bond.
381 6. The name and address of any person making a loan for
382 the construction of the improvements.
383 7. The name and address within the state of a person other
384 than himself or herself who may be designated by the owner as
385 the person upon whom notices or other documents may be served
386 under this part; and service upon the person so designated
387 constitutes service upon the owner.
388 (d) A notice of commencement must be in substantially the
389 following form:
390
391 Permit No..... Tax Folio No.....
392 NOTICE OF COMMENCEMENT
393 State of....
394 County of....
395
396 The undersigned hereby gives notice that improvement will be
397 made to certain real property, and in accordance with Chapter
398 713, Florida Statutes, the following information is provided in
399 this Notice of Commencement.
400 1. Description of property: ...(legal description of the
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401 property, and street address if available)....
402 2. General description of improvement:.....
403 3. Owner information or Lessee information if the Lessee
404 contracted for the improvement:
405 a. Name and address:.....
406 b. Interest in property:.....
407 c. Name and address of fee simple titleholder (if
408 different from Owner listed above):.....
409 4.a. Contractor: ...(name and address)....
410 b. Contractor's phone number:.....
411 5. Surety (if applicable, a copy of the payment bond is
412 attached):
413 a. Name and address:.....
414 b. Phone number:.....
415 c. Amount of bond: $.....
416 6.a. Lender: ...(name and address)....
417 b. Lender's phone number:.....
418 7. Persons within the State of Florida designated by Owner
419 upon whom notices or other documents may be served as provided
420 by Section 713.13(1)(a)7., Florida Statutes:
421 a. Name and address:.....
422 b. Phone numbers of designated persons:.....
423 8.a. In addition to himself or herself, Owner designates
424 ............ of ............ to receive a copy of the Lienor's
425 Notice as provided in Section 713.13(1)(b), Florida Statutes.
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426 b. Phone number of person or entity designated by
427 owner:.....
428 9. Expiration date of notice of commencement (the
429 expiration date will be 1 year after from the date of recording
430 unless a different date is specified).....
431
432 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
433 EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
434 PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
435 STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
436 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
437 POSTED ON THE JOB SITE OF THE IMPROVEMENT BEFORE THE FIRST
438 INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
439 LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR
440 NOTICE OF COMMENCEMENT.
441
442 ...(Signature of Owner or Lessee, or Owner's or Lessee's
443 Authorized Officer/Director/Partner/Manager)...
444
445 ...(Signatory's Title/Office)...
446
447 The foregoing instrument was acknowledged before me by means of
448 ☐ physical presence or sworn to (or affirmed) by ☐ online
449 notarization this .... day of ...., ...(year)..., by ...(name of
450 person)... as ...(type of authority, . . . e.g. officer,
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451 trustee, attorney in fact)... for ...(name of party on behalf of
452 whom instrument was executed)....
453
454 ...(Signature of Notary Public - State of Florida)...
455
456 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
457
458 Personally Known .... OR Produced Identification ....
459
460 Type of Identification Produced............
461 Section 7. Subsections (1), (3), and (4) of section
462 713.132, Florida Statutes, are amended to read:
463 713.132 Notice of termination.—
464 (1) An owner may terminate the period of effectiveness of
465 a notice of commencement by executing, swearing to, and
466 recording a notice of termination that contains all of the
467 following:
468 (a) The same information that is in as the notice of
469 commencement.;
470 (b) The official records' recording office document book
471 and page reference numbers and recording date affixed by the
472 recording office on of the recorded notice of commencement.;
473 (c) A statement of the date as of which the notice of
474 commencement is terminated, which date may not be earlier than
475 30 days after the notice of termination is recorded .;
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476 (d) A statement specifying that the notice applies to all
477 the real property subject to the notice of commencement or
478 specifying the portion of such real property to which it
479 applies.;
480 (e) A statement that all lienors have been paid in full .;
481 and
482 (f) A statement that the owner has, before recording the
483 notice of termination, served a copy of the notice of
484 termination on the contractor and on each lienor who has a
485 direct contract with the owner or who has timely served a notice
486 to owner, and a statement that the owner will serve a copy of
487 the notice of termination on each lienor who timely serves a
488 notice to owner after the notice of termination has been
489 recorded. The owner is not required to serve a copy of the
490 notice of termination on any lienor who has executed a waiver
491 and release of lien upon final payment in accordance with s.
492 713.20.
493 (3) An owner may not record a notice of termination at any
494 time after except after completion of construction, or after
495 construction ceases before completion and all lienors have been
496 paid in full or pro rata in accordance with s. 713.06(4).
497 (4) If an owner or a contractor, by fraud or collusion,
498 knowingly makes any fraudulent statement or affidavit in a
499 notice of termination or any accompanying affidavit, the owner
500 and the contractor, or either of them, as the case may be, is
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501 liable to any lienor who suffers damages as a result of the
502 filing of the fraudulent notice of termination,; and any such
503 lienor has a right of action for damages occasioned thereby.
504 (5)(4) A notice of termination must be served before
505 recording on each lienor who has a direct contract with the
506 owner and on each lienor who has timely and properly served a
507 notice to owner in accordance with this part before the
508 recording of the notice of termination. A notice of termination
509 must be recorded in the official records of the county in which
510 the improvement is located. If properly served before recording
511 in accordance with this subsection, the notice of termination
512 terminates the period of effectiveness of the notice of
513 commencement 30 days after the notice of termination is recorded
514 in the official records is effective to terminate the notice of
515 commencement at the later of 30 days after recording of the
516 notice of termination or a later the date stated in the notice
517 of termination as the date on which the notice of commencement
518 is terminated. However, if a lienor who began work under the
519 notice of commencement before its termination lacks a direct
520 contract with the owner and timely serves his or her notice to
521 owner after the notice of termination has been recorded, the
522 owner must serve a copy of the notice of termination upon such
523 lienor, and the termination of the notice of commencement as to
524 that lienor is effective 30 days after service of the notice of
525 termination, if the notice of termination has been served
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526 pursuant to paragraph (1)(f) on the contractor and on each
527 lienor who has a direct contract with the owner or who has
528 served a notice to owner.
529 Section 8. Subsections (1) and (3) of section 713.135,
530 Florida Statutes, are amended to read:
531 713.135 Notice of commencement and applicability of lien. —
532 (1) When a any person applies for a building permit, the
533 authority issuing such permit shall:
534 (a) Print on the face of each permit card in no less than
535 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR
536 FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
537 PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
538 COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE OF THE
539 IMPROVEMENT BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN
540 FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
541 RECORDING YOUR NOTICE OF COMMENCEMENT."
542 (b) Provide the applicant and the owner of the real
543 property upon which improvements are to be constructed with a
544 printed statement stating that the right, title, and interest of
545 the person who has contracted for the improvement may be subject
546 to attachment under the Construction Lien Law. The Department of
547 Business and Professional Regulation shall furnish, for
548 distribution, the statement described in this paragraph, and the
549 statement must be a summary of the Construction Lien Law and
550 must include an explanation of the provisions of the
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551 Construction Lien Law relating to the recording, an d the posting
552 of copies, of notices of commencement and a statement
553 encouraging the owner to record a notice of commencement and
554 post a copy of the notice of commencement in accordance with s.
555 713.13. The statement must also contain an explanation of the
556 owner's rights if a lienor fails to furnish the owner with a
557 notice as provided in s. 713.06(2) and an explanation of the
558 owner's rights as provided in s. 713.22. The authority that
559 issues the building permit must obtain from the Department of
560 Business and Professional Regulation the statement required by
561 this paragraph and must mail, deliver by electronic mail or
562 other electronic format or facsimile, or personally deliver that
563 statement to the owner or, in a case in which the owner is
564 required to personally appear to obtain the permit, provide that
565 statement to any owner making improvements to real property
566 consisting of a single or multiple family dwelling up to and
567 including four units. However, the failure by the authorities to
568 provide the summary does not subject the issuing authority to
569 liability.
570 (c) In addition to providing the owner with the statement
571 as required by paragraph (b), inform each applicant who is not
572 the person whose right, title, and interest is subject to
573 attachment that, as a condition to the issuance of a building
574 permit, the applicant must promise in good faith that the
575 statement will be delivered to the person whose property is
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576 subject to attachment.
577 (d) Furnish to the applicant two or more copies of a form
578 of notice of commencement conforming with s. 713.13.
579 (e) Require If the direct contract is greater than $2,500,
580 the applicant to shall file with the issuing authority before
581 prior to the first inspection either a certified copy of the
582 recorded notice of commencement if the direct contract is
583 greater than $7,500. For purposes of this paragraph, the term
584 "copy of the notice of commencement" means a certified copy of
585 the recorded notice of commencement, or a notarized statement
586 that the notice of commencement has been filed for recording,
587 along with a copy thereof, or the clerk's office's official
588 records identifying information that includes the instrument
589 number for the notice of commencement or the number and page of
590 book where the notice of commencement is recorded, as identif ied
591 by the clerk.
592 1. In the absence of the filing of a certified copy of the
593 recorded notice of commencement, the issuing authority or a
594 private provider performing inspection services may not perform
595 or approve subsequent inspections until the applicant files by
596 mail, facsimile, hand delivery, or any other means such
597 certified copy with the issuing authority.
598 2. The certified copy of the notice of commencement must
599 contain the name and address of the owner, the name and address
600 of the contractor, and the location or address of the property
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601 being improved. The issuing authority shall verify that the name
602 and address of the owner, the name of the contractor, and the
603 location or address of the property being improved which is
604 contained in the certified copy of the notice of commencement is
605 consistent with the information in the building permit
606 application.
607 3. The issuing authority shall provide the recording
608 information on the certified copy of the recorded notice of
609 commencement to any person upon request.
610 4. This paragraph subsection does not require the
611 recording of a notice of commencement before prior to the
612 issuance of a building permit. If a local government requires a
613 separate permit or inspection for installation of temporary
614 electrical service or other temporary utility service, land
615 clearing, or other preliminary site work, such permits may be
616 issued and such inspections may be conducted without providing
617 the issuing authority with a certified copy of the a recorded
618 notice of commencement or a notarized statement regarding a
619 recorded notice of commencement. This subsection does not apply
620 to a direct contract to repair or replace an existing heating or
621 air-conditioning system in an amount less than $15,000.
622 (f)(e) Not require that a notice of commencement be
623 recorded as a condition of the application for, or processing or
624 issuance of, a building permit. However, this paragraph does not
625 modify or waive the inspection requirements set forth in this
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626 subsection.
627
628 This subsection does not apply to a direct contract to repair or
629 replace an existing heating or air-conditioning system in an
630 amount less than $15,000.
631 (3) An issuing authority under subsection (1) is not
632 liable in any civil action for the failure to verify that a
633 certified copy of the recorded notice of commencement , a
634 notarized statement that the notice of commencement has been
635 filed for recording along with a copy thereof, or the clerk's
636 office's official records identifying information that includes
637 the instrument number for the notice of commencement or the
638 number and page of book where the notice of commencement is
639 recorded, as identified by the clerk, has been filed in
640 accordance with this section.
641 Section 9. Section 713.18, Florida Statutes, is amended to
642 read:
643 713.18 Manner of serving documents notices and other
644 instruments.—
645 (1) Unless otherwise specifically provided by law, service
646 of any document notices, claims of lien, affidavits,
647 assignments, and other instruments permitted or required under
648 this part, s. 255.05, or s. 337.18, or copies thereof when so
649 permitted or required, unless otherwise specifically provided in
650 this part, must be made by one of the following methods:
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651 (a) By hand actual delivery to the person to be served; if
652 a partnership, to one of the partners; if a corporation, to an
653 officer or, director, managing agent, or business agent; or, if
654 a limited liability company, to a member or manager; or to an
655 employee or agent authorized by the partnership, corporation, or
656 limited liability company to receive service of such document .
657 (b) By common carrier delivery service or by registered,
658 Global Express Guaranteed, or certified mail to the person to be
659 served, with postage or shipping paid by the sender and with
660 evidence of delivery, which may be in an electronic format.
661 (c) By posting on the site of the improvement if service
662 as provided by paragraph (a) or paragraph (b) cannot be
663 accomplished.
664 (2) Notwithstanding subsection (1), service of a notice to
665 owner or a preliminary notice to contractor under this part, s.
666 255.05, or s. 337.18, or s. 713.23 is effective as of the date
667 of mailing and the requirements for service under this section
668 have been satisfied if all of the following requirements have
669 been met:
670 (a) The notice is mailed by registered, Global Express
671 Guaranteed, or certified mail, with postage prepaid, to the
672 person to be served and addressed as prescribed at any of the
673 addresses set forth in subsection (3).;
674 (b) The notice is mailed within 40 days after the date the
675 lienor first furnishes labor, services, or materials.; and
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676 (c)1. The person who served the notice maintains a
677 registered or certified mail log that shows the registered or
678 certified mail number issued by the United States Postal
679 Service, the name and address of the person served, and the date
680 stamp of the United States Postal Service confirming the date of
681 mailing; or
682 2. The person who served the notice maintains electronic
683 tracking records approved or generated by the United States
684 Postal Service containing the postal tracking number, the name
685 and address of the person served, and verification of the date
686 of receipt by the United States Postal Service.
687 (3)(a) Notwithstanding subsection (1), service of a
688 document under an instrument pursuant to this section is
689 effective on the date of mailing or shipping, and the
690 requirements for service under this section have been satisfied,
691 the instrument if the document meets both of the following
692 requirements it:
693 1. It is sent to the last address shown in the notice of
694 commencement or any amendment thereto or, in the absence of a
695 notice of commencement, to the last address shown in the
696 building permit application, or to the last known address of the
697 person to be served.; and
698 2. It is returned as being "refused," "moved, not
699 forwardable," or "unclaimed," or is otherwise not delivered or
700 deliverable through no fault of the person serving the document
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701 item.
702 (b) If the address shown in the notice of commencement or
703 any amendment thereto to the notice of commencement, or, in the
704 absence of a notice of commencement, in the building permit
705 application, is incomplete for purposes of mailing or delivery,
706 the person serving the document item may complete the address
707 and properly format it according to United States Postal Service
708 addressing standards using information obtained from the
709 property appraiser or another public record without affecting
710 the validity of service under this section.
711 (4) A document notice served by a lienor on one owner or
712 one partner of a partnership owning the real property is deemed
713 served on notice to all owners and partners.
714 Section 10. Section 713.21, Florida Statutes, is amended
715 to read:
716 713.21 Discharge of lien.—A lien properly perfected under
717 this chapter may be discharged, or released in whole or in part,
718 by any of the following methods:
719 (1) By entering satisfaction of the lien upon the margin
720 of the record thereof in the clerk's office when not otherwise
721 prohibited by law. This satisfaction must shall be signed by the
722 lienor or, the lienor's agent or attorney and attested by said
723 clerk. Any person who executes a claim of lien has shall have
724 authority to execute a satisfaction in the absence of actual
725 notice of lack of authority to any person relying on the same.
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726 (2) By the satisfaction or release of the lienor, duly
727 acknowledged and recorded in the clerk's office. The
728 satisfaction or release must include the lienor's notarized
729 signature and set forth the official records' reference number
730 and recording date affixed by the recording office on the
731 subject lien. Any person who executes a claim of lien has shall
732 have authority to execute a satisfaction or release in the
733 absence of actual notice of lack of authority to any person
734 relying on the same.
735 (3) By failure to begin an action to enforce the lien
736 within the time prescribed in this part.
737 (4) By an order of the circuit court of the county where
738 the property is located, as provided in this subsection. Upon
739 filing a complaint therefor by any interested party the clerk
740 shall issue a summons to the lienor to show cause within 20 days
741 after service of the summons why his or her lien should not be
742 enforced by action or vacated and canceled of record. Upon
743 failure of the lienor to show cause why his or her lien should
744 not be enforced or the lienor's failure to commence such action
745 before the return date of the summons the court shall forthwith
746 order cancellation of the lien.
747 (5) By recording in the clerk's office the original or a
748 certified copy of a judgment or decree of a court of competent
749 jurisdiction showing a final determination of the action.
750 Section 11. Subsection (2) of section 713.22, Florida
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751 Statutes, is amended to read:
752 713.22 Duration of lien.—
753 (2) An owner or the owner's attorney may elect to shorten
754 the time prescribed in subsection (1) within which to commence
755 an action to enforce any claim of lien or claim against a bond
756 or other security under s. 713.23 or s. 713.24 by recording in
757 the clerk's office a notice in substantially the following form:
758 NOTICE OF CONTEST OF LIEN
759 To: ...(Name and address of lienor)...
760 You are notified that the undersigned contests the claim of lien
761 filed by you on ...., ...(year)..., and recorded in .... Book
762 ...., Page ...., of the public records of .... County, Florida,
763 and that the time within which you may file suit to enforce your
764 lien is limited to 60 days from the date of service of this
765 notice. This .... day of ...., ...(year)....
766 Signed: ...(Owner or Attorney)...
767 The lien of any lienor upon whom such notice is served and who
768 fails to institute a suit to enforce his or her lien within 60
769 days after service of such notice is shall be extinguished
770 automatically. The clerk shall serve, in accordance with s.
771 713.18, a copy of the notice of contest on to the lienor lien
772 claimant at the address shown in the claim of lien or most
773 recent amendment thereto and shall certify to such service and
774 the date of service on the face of the notice and record the
775 notice. After the clerk records the notice with the certificate
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776 of service, the clerk shall serve, in accordance with s. 713.18,
777 a copy of such recorded notice on the lienor and the owner or
778 the owner's attorney.
779 Section 12. Paragraphs (d) and (e) of subsection (1) of
780 section 713.23, Florida Statutes, are amended to read:
781 713.23 Payment bond.—
782 (1)
783 (d) In addition, a lienor who has not received payment for
784 furnishing his or her labor, services, or materials must, as a
785 condition precedent to recovery under the bond, serve a written
786 notice of nonpayment on to the contractor and a copy of the
787 notice of nonpayment on the surety. The notice of nonpayment
788 must be under oath and served during the progress of the work or
789 thereafter, but may not be served later than 90 days after the
790 final furnishing of labor, services, or materials by th e lienor,
791 or, with respect to rental equipment, later than 90 days after
792 the date the rental equipment was on the job site of the
793 improvement and available for use. A notice of nonpayment that
794 includes sums for retainage must specify the portion of the
795 amount claimed for retainage. The required notice satisfies this
796 condition precedent with respect to the payment described in the
797 notice of nonpayment, including unpaid finance charges due under
798 the lienor's contract, and with respect to any other payments
799 which become due to the lienor after the date of the notice of
800 nonpayment. The time period for serving a notice of nonpayment
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801 is shall be measured from the last day of furnishing labor,
802 services, or materials by the lienor and may not be measured by
803 other standards, such as the issuance of a certificate of
804 occupancy or the issuance of a certificate of substantial
805 completion. The failure of a lienor to receive retainage sums
806 not in excess of 10 percent of the value of labor, services, or
807 materials furnished by the lienor is not considered a nonpayment
808 requiring the service of the notice provided under this
809 paragraph. If the payment bond is not recorded before
810 commencement of construction, the time period for the lienor to
811 serve a notice of nonpayment may, at the option of the lienor,
812 be calculated from the date specified in this section or the
813 date the lienor is served a copy of the bond. However, the
814 limitation period for commencement of an action on the payment
815 bond as established in paragraph (e) may not be expanded. The
816 negligent inclusion or omission of any information in the notice
817 of nonpayment that has not prejudiced the contractor or surety
818 does not constitute a default that operates to defeat an
819 otherwise valid bond claim. A lienor who serves a fraudule nt
820 notice of nonpayment forfeits his or her rights under the bond.
821 A notice of nonpayment is fraudulent if the lienor has willfully
822 exaggerated the amount unpaid, willfully included a claim for
823 work not performed or materials not furnished for the subject
824 improvement, or prepared the notice with such willful and gross
825 negligence as to amount to a willful exaggeration. However, a
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826 minor mistake or error in a notice of nonpayment, or a good
827 faith dispute as to the amount unpaid, does not constitute a
828 willful exaggeration that operates to defeat an otherwise valid
829 claim against the bond. The service of a fraudulent notice of
830 nonpayment is a complete defense to the lienor's claim against
831 the bond. The notice under this paragraph must include the
832 following information, current as of the date of the notice, and
833 must be in substantially the following form:
834
835 NOTICE OF NONPAYMENT
836
837 To ...(name of contractor and address)...
838
839 ...(name of surety and address)...
840
841 The undersigned lienor notifies you that:
842 1. The lienor has furnished ...(describe labor, services,
843 or materials)... for the improvement of the real property
844 identified as ...(property description).... The corresponding
845 amount unpaid to date is $...., of which $.... is unpaid
846 retainage.
847 2. The lienor has been paid to date the amount of $....
848 for previously furnishing ...(describe labor, services, or
849 materials)... for this improvement.
850 3. The lienor expects to furnish ...(describe labor,
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851 services, or materials)... for this improvement in the future
852 (if known), and the corresponding amount expected to become due
853 is $.... (if known).
854
855 I declare that I have read the foregoing Notice of Nonpayment
856 and that the facts stated in it are true to the best of my
857 knowledge and belief.
858
859 DATED on ............, .........
860
861 ...(signature and address of lienor)...
862
863 STATE OF FLORIDA
864 COUNTY OF........
865
866 The foregoing instrument was sworn to (or affirmed) and
867 subscribed before me by means of ☐ physical presence or sworn to
868 (or affirmed) by ☐ online notarization this .... day of ....,
869 ...(year)..., by ...(name of signatory)....
870 ...(Signature of Notary Public - State of Florida)...
871 ...(Print, Type, or Stamp Commissioned Name of Notary
872 Public)...
873
874 Personally Known ........ OR Produced Identification ........
875
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876 Type of Identification Produced
877 (e) An action for the labor, or materials, or supplies may
878 not be instituted or prosecuted against the contractor or surety
879 unless both notices have been given, if required by this
880 section. An action must may not be instituted or prosecuted
881 against the contractor or against the surety on the bond under
882 this section within after 1 year after from the performance of
883 the labor or completion of delivery of the materials and
884 supplies. The time period for bringing an action against the
885 contractor or surety on the bond is shall be measured from the
886 last day of furnishing labor, services, or materials by the
887 lienor. The time period may not be measured by other standards,
888 such as the issuance of a certificate of occupancy or the
889 issuance of a certificate of substantial completion. A
890 contractor or the contractor's attorney may elect to shorten the
891 time within which an action to enforce any claim against a
892 payment bond provided under this section or s. 713.245 must be
893 commenced at any time after a notice of nonpayment, if required,
894 has been served for the claim by recording in the clerk's office
895 a notice in substantially the following form:
896 NOTICE OF CONTEST OF CLAIM
897 AGAINST PAYMENT BOND
898 To: ...(Name and address of lienor)...
899 You are notified that the undersigned contests your notice
900 of nonpayment, dated ...., ...., and served on the undersigned
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901 on ...., ...., and that the time within which you may file suit
902 to enforce your claim is limited to 60 days after from the date
903 of service of this notice.
904 DATED on ...., .....
905 Signed: ...(Contractor or Attorney)...
906 The claim of any lienor upon whom the notice is served and who
907 fails to institute a suit to enforce his or her claim against
908 the payment bond within 60 days after service of the notice is
909 shall be extinguished automatically. The contractor or the
910 contractor's attorney shall serve, in accordance with s. 713.18,
911 a copy of the notice of contest to the lienor at the address
912 shown in the notice of nonpayment or most recent amendment
913 thereto and shall certify to such service on the face of the
914 notice and record the notice. After the clerk records the notice
915 with the certificate of service, the clerk shall serve, in
916 accordance with s. 713.18, a copy of such recorded notice on the
917 lienor and the contractor or the contractor's attorney.
918 Section 13. Subsections (1) and (3) of section 713.24,
919 Florida Statutes, are amended to read:
920 713.24 Transfer of liens to security.—
921 (1) Any lien claimed under this part may be transferred,
922 by any person having an interest in the real property upon which
923 the lien is imposed or the contract under which the lien is
924 claimed, from such real property to other security by either:
925 (a) Depositing in the clerk's office a sum of money;, or
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926 (b) Filing in the clerk's office a bond executed as surety
927 by a surety insurer licensed to do business in this state,
928
929 either to be in an amount equal to the amount demanded in such
930 claim of lien, plus interest thereon at the legal rate for 3
931 years, plus $5,000 $1,000 or 25 percent of the amount demanded
932 in the claim of lien, whichever is greater, to apply on any
933 attorney attorney's fees and court costs that may be taxed in
934 any proceeding to enforce said lien. Such deposit or bond must
935 shall be conditioned to pay any judgment or decree which may be
936 rendered for the satisfaction of the lien for which such claim
937 of lien was recorded. Upon making such deposit or filing such
938 bond, the clerk shall make and record a certificate , which must
939 include a copy of the deposit or bond used to transfer, showing
940 the transfer of the lien from the real property to the security
941 and shall mail a copy thereof together with a copy of the
942 deposit or bond used to transfer by registered or certified mail
943 to the lienor named in the claim of lien so transferred, at the
944 address stated therein. Upon filing the certificate of transfer,
945 the real property is shall thereupon be released from the lien
946 claimed, and such lien is shall be transferred to said security.
947 In the absence of allegations of privity between the lienor and
948 the owner, and subject to any order of the court increasing the
949 amount required for the lien transfer deposit or bond, no other
950 judgment or decree to pay money may be entered by the court
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951 against the owner. The clerk is shall be entitled to a service
952 charge for making and serving the certificate, in the amount of
953 up to $20, from which the clerk shall remit $5 to the Department
954 of Revenue for deposit into the General Revenue Fund. If the
955 transaction involves the transfer of multiple liens, the clerk
956 shall charge an additional service charge of up to $10 for each
957 additional lien shall be charged, from which the clerk shall
958 remit $2.50 to the Department of Revenue for deposit into the
959 General Revenue Fund. For recording the certificate and
960 approving the bond, the clerk shall receive her or his usual
961 statutory service charges as prescribed in s. 28.24. Any number
962 of liens may be transferred to one such security.
963 (3) Any party having an interest in such security or the
964 property from which the lien was transferred may at any time,
965 and any number of times, file a complaint in chancery in the
966 circuit court of the county where such security is deposited, or
967 file a motion in a pending action to enforce a lien, for an
968 order to require additional security, reduction of security,
969 change or substitution of sureties, payment of discharge
970 thereof, or any other matter affecting said security. If the
971 court finds that the amount of the deposit or bond in excess of
972 the amount claimed in the claim of lien is insufficient to pay
973 the lienor's attorney attorney's fees and court costs incurred
974 in the action to enforce the lien, the court must increase the
975 amount of the cash deposit or lien transfer bond. Nothing in
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976 This section may not shall be construed to vest exclusive
977 jurisdiction in the circuit courts over transfer bond claims for
978 nonpayment of an amount within the monetary jurisdiction of the
979 county courts.
980 Section 14. Section 713.25, Florida Statutes, is repealed.
981 Section 15. Section 713.29, Florida Statutes, is amended
982 to read:
983 713.29 Attorney Attorney's fees.—In any action brought to
984 enforce a lien, including a lien that has been transferred to
985 security, or to enforce a claim against a bond under this part,
986 the prevailing party is entitled to recover a reasonable fee for
987 the services of her or his attorney for trial and appeal or for
988 arbitration, in an amount to be determined by the court, which
989 fee must be taxed as part of the prevailing party's costs, as
990 allowed in equitable actions.
991 Section 16. This act shall take effect July 1, 2023.
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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 331 by Rep. Overdorf
Liens and Bonds
AMENDMENT SUMMARY
March 9, 2023
Amendment 1 by Rep. Overdorf (line 991):
• Changes the effective date to October 1, 2023, to match the Senate companion bill.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 331 (2023)
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: Civil Justice Subcommittee
2 Representative Overdorf offered the following:
3
4 Amendment
5 Remove lines 97-740 and insert:
6 shall serve, in accordance with s. 713.18, a copy of such
7 recorded notice on the claimant and the contractor or the
8 contractor's attorney.
9 2. A claimant, except a laborer, who is not in privity
10 with the contractor shall, before commencing or not later th an
11 45 days after commencing to furnish labor, services, or
12 materials for the prosecution of the work, serve the contractor
13 with a written notice that he or she intends to look to the bond
14 for protection. If the payment bond is not recorded before the
15 commencement of work or before the recommencement of work after
16 a default or abandonment as required by subsection (1), the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 331 (2023)
Amendment No. 1
17 claimant may serve the contractor with such written notice up to
18 45 days after the date that the claimant is served with a copy
19 of the bond. A claimant who is not in privity with the
20 contractor and who has not received payment for furnishing his
21 or her labor, services, or materials shall serve a written
22 notice of nonpayment on the contractor and a copy of the notice
23 of nonpayment on the surety. The notice of nonpayment must shall
24 be under oath and served during the progress of the work or
25 thereafter but may not be served earlier than 45 days after the
26 first furnishing of labor, services, or materials by the
27 claimant or later than 90 days after the final furnishing of the
28 labor, services, or materials by the claimant or, with respect
29 to rental equipment, later than 90 days after the date that the
30 rental equipment was last on the job site of the improvement and
31 available for use. Any notice of nonpayment served by a claimant
32 who is not in privity with the contractor which includes sums
33 for retainage must specify the portion of the amount claimed for
34 retainage. An action for the labor, services, or materials may
35 not be instituted against the contractor or the surety unless
36 the notice to the contractor and notice of nonpayment have been
37 served, if required by this section. Notices required or
38 permitted under this section must be served in accordance with
39 s. 713.18. A claimant may not waive in advance his or her right
40 to bring an action under the bond against the surety. In any
41 action brought to enforce a claim against a payment bond under
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 331 (2023)
Amendment No. 1
42 this section, the prevailing party is entitled to recover a
43 reasonable fee for the services of his or her attorney for trial
44 and appeal or for arbitration, in an amount to be determined by
45 the court or arbitrator, which fee must be taxed as part of the
46 prevailing party's costs, as allowed in equitable actions. The
47 time periods for service of a notice of nonpayment or for
48 bringing an action against a contractor or a surety are shall be
49 measured from the last day of furnishing labor, services, or
50 materials by the claimant and may not be measured by other
51 standards, such as the issuance of a certificate of occupancy or
52 the issuance of a certificate of substantial completion. The
53 negligent inclusion or omission of any information in the notice
54 of nonpayment that has not prejudiced the contractor or surety
55 does not constitute a default that operates to defeat an
56 otherwise valid bond claim. A claimant who serves a fraudulent
57 notice of nonpayment forfeits his or her rights under the bond.
58 A notice of nonpayment is fraudulent if the claimant has
59 willfully exaggerated the amount unpaid, willfully included a
60 claim for work not performed or materials not furnished for the
61 subject improvement, or prepared the notice with such willful
62 and gross negligence as to amount to a willful exaggeration.
63 However, a minor mistake or error in a notice of nonpayment, or
64 a good faith dispute as to the amount unpaid, does not
65 constitute a willful exaggeration that operates to defeat an
66 otherwise valid claim against the bond. The service of a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 331 (2023)
Amendment No. 1
67 fraudulent notice of nonpayment is a complete defense to the
68 claimant's claim against the bond. The notice of nonpayment
69 under this subparagraph must include the following information,
70 current as of the date of the notice, and must be in
71 substantially the following form:
72
73 NOTICE OF NONPAYMENT
74
75 To: ...(name of contractor and address)...
76
77 ...(name of surety and address)...
78
79 The undersigned claimant notifies you that:
80 1. Claimant has furnished ...(describe labor, services, or
81 materials)... for the improvement of the real property
82 identified as ...(property description).... The corresponding
83 amount unpaid to date is $...., of which $.... is unpaid
84 retainage.
85 2. Claimant has been paid to date the amount of $.... for
86 previously furnishing ...(describe labor, services, or
87 materials)... for this improvement.
88 3. Claimant expects to furnish ...(describe labor,
89 services, or materials)... for this improvement in the future
90 (if known), and the corresponding amount expected to become due
91 is $.... (if known).
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92
93 I declare that I have read the foregoing Notice of Nonpayment
94 and that the facts stated in it are true to the best of my
95 knowledge and belief.
96
97 DATED on ............, .........
98
99 ...(signature and address of claimant)...
100
101 STATE OF FLORIDA
102 COUNTY OF ........
103
104 The foregoing instrument was sworn to (or affirmed) and
105 subscribed before me by means of ☐ physical presence or sworn to
106 (or affirmed) by ☐ online notarization this .... day of ....,
107 ...(year)..., by ...(name of signatory)....
108
109 ...(Signature of Notary Public - State of Florida)...
110 ...(Print, Type, or Stamp Commissioned Name of Notary
111 Public)...
112
113 Personally Known ........ OR Produced Identification ........
114
115 Type of Identification Produced
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116 (7) In lieu of the bond required by this section, a
117 contractor may file with the state, county, city, or other
118 political authority an alternative form of security in the form
119 of cash;, a money order;, a certified check;, a cashier's
120 check;, an irrevocable letter of credit, or a domestic corporate
121 bond, note, or debenture as authorized in s. 625.317 security of
122 a type listed in part II of chapter 625. Any such alternative
123 form of security is shall be for the same purpose and be subject
124 to the same conditions as those applicable to the bond required
125 by this section. The determination of the value of an
126 alternative form of security shall be made by the appropriate
127 state, county, city, or other political subdivision shall
128 determine the required value of an alternative form of security .
129 (12) Unless otherwise provided in this section, service of
130 any document must be made in accordance with s. 713.18.
131 Section 2. Paragraph (c) of subsection (1) of section
132 337.18, Florida Statutes, is amended, and subsection (6) is
133 added to that section, to read:
134 337.18 Surety bonds for construction or maintenance
135 contracts; requirement with respect to contract award; bond
136 requirements; defaults; damage assessments.—
137 (1)
138 (c) A claimant, except a laborer, who is not in privity
139 with the contractor shall, before commencing or not later than
140 90 days after commencing to furnish labor, materials, or
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141 supplies for the prosecution of the work, furnish the contractor
142 with a notice that he or she intends to look to the bond for
143 protection. A claimant who is not in privity with the contractor
144 and who has not received payment for his or her labor,
145 materials, or supplies shall deliver to the contractor and t o
146 the surety written notice of the performance of the labor or
147 delivery of the materials or supplies and of the nonpayment. The
148 notice of nonpayment may be served at any time during the
149 progress of the work or thereafter but not before 45 days after
150 the first furnishing of labor, services, or materials, and not
151 later than 90 days after the final furnishing of the labor,
152 services, or materials by the claimant or, with respect to
153 rental equipment, not later than 90 days after the date that the
154 rental equipment was last on the job site of the improvement and
155 available for use. An action by a claimant, except a laborer,
156 who is not in privity with the contractor for the labor,
157 materials, or supplies may not be instituted against the
158 contractor or the surety unless both notices have been given.
159 Written notices required or permitted under this section must
160 may be served in accordance with any manner provided in s.
161 713.18.
162 (6) Unless otherwise provided in this section, service of
163 any document must be made in accordance with s. 713.18.
164 Section 3. Subsections (13) through (29) of section
165 713.01, Florida Statutes, are renumbered as subsections (14)
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Amendment No. 1
166 through (30), respectively, subsections (4), (8), and (12) are
167 amended, and a new subsection (13) is added to that section, to
168 read:
169 713.01 Definitions.—As used in this part, the term:
170 (4) "Clerk's office" means the office of the clerk of the
171 circuit court of the county, or another office serving as the
172 county recorder as provided by law, in which the real property
173 is located.
174 (8) "Contractor" means a person other than a materialman
175 or laborer who enters into a contract with the owner of real
176 property for improving it, or who takes over from a contractor
177 as so defined the entire remaining work under such contract. The
178 term "contractor" includes an architect, landscape architect, or
179 engineer who improves real property pursuant to a design -build
180 contract authorized by s. 489.103(16). The term also includes a
181 licensed general contractor or building contractor, as those
182 terms are defined in s. 489.105(3)(a) and (b), respectively, who
183 provides construction management services, which include
184 scheduling and coordinating preconstruction and construction
185 phases for the construction project, or who provides program
186 management services, which include schedule control, cost
187 control, and coordinating the provision or procurement of
188 planning, design, and construction for the construction project.
189 (12) "Final furnishing" means the last date that the
190 lienor furnishes labor, services, or materials. Such date may
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191 not be measured by other standards, such as the issuance of a
192 certificate of occupancy or the issuance of a certificate of
193 final completion, and does not include the correction of
194 deficiencies in the lienor's previously performed work or
195 materials supplied. With respect to rental equipment, the term
196 means the date that the rental equipment was last on the job
197 site of the improvement and available for use.
198 (13) "Finance charge" means a contractually specified
199 additional amount to be paid by the obligor on any balance that
200 remains unpaid by the due date set forth in the credit agreement
201 or other contract.
202 Section 4. Section 713.011, Florida Statutes, is created
203 to read:
204 713.011 Computation of time.—
205 (1) In computing any time period under this part, if the
206 last day of the time period is a Saturday, Sunday, or holiday
207 specified in s. 110.117(1), or any day observed as a holiday by
208 the clerk's office or designated as a holiday by the chief judge
209 of the circuit, the time period is extended to the end of the
210 next business day.
211 (2) If the clerk's office is closed in response to an
212 emergency for 1 or more days so that a person may not present a
213 document for recording or an action for filing in perso n to the
214 clerk's staff, the time period for recording a document or
215 filing an action with the clerk's office under this part is
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216 tolled. When the clerk's office reopens, the time period is
217 extended by the number of days the clerk's office was closed.
218 Section 5. Paragraph (b) of subsection (2) of section
219 713.10, Florida Statutes, is amended, and subsection (4) is
220 added to that section, to read:
221 713.10 Extent of liens.—
222 (2)
223 (b) The interest of the lessor is not subject to liens for
224 improvements made by the lessee when:
225 1. The lease, or a short form or a memorandum of the lease
226 that contains the specific language in the lease prohibiting
227 such liability, is recorded in the official records of the
228 county where the premises are located before the recordi ng of a
229 notice of commencement for improvements to the premises and the
230 terms of the lease expressly prohibit such liability; or
231 2. The terms of the lease expressly prohibit such
232 liability, and a notice advising that leases for the rental of
233 premises on a parcel of land prohibit such liability has been
234 recorded in the official records of the county in which the
235 parcel of land is located before the recording of a notice of
236 commencement for improvements to the premises, and the notice
237 includes the following:
238 a. The name of the lessor.
239 b. The legal description of the parcel of land to which
240 the notice applies.
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Amendment No. 1
241 c. The specific language contained in the various leases
242 prohibiting such liability.
243 d. A statement that all or a majority of the leases
244 entered into for premises on the parcel of land expressly
245 prohibit such liability.
246 3. The lessee is a mobile home owner who is leasing a
247 mobile home lot in a mobile home park from the lessor.
248
249 A notice that is consistent with subparagraph 2. effectively
250 prohibits liens for improvements made by a lessee even if other
251 leases for premises on the parcel do not expressly prohibit
252 liens or if provisions of each lease restricting the application
253 of liens are not identical.
254 (4) The interest of the lessor is not subject to liens for
255 improvements made by the lessee when the lessee is a mobile home
256 owner who is leasing a mobile home lot in a mobile home park
257 from the lessor.
258 Section 6. Paragraphs (a) and (d) of subsection (1) of
259 section 713.13, Florida Statutes, are amended to read:
260 713.13 Notice of commencement.—
261 (1)(a) Except for an improvement that is exempt under
262 pursuant to s. 713.02(5), an owner or the owner's authorized
263 agent before actually commencing to improve any real property,
264 or recommencing completion of any improvement after default or
265 abandonment, whether or not a project has a payment bond
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Amendment No. 1
266 complying with s. 713.23, shall record a notice of commencement
267 in the clerk's office and forthwith post either a certified copy
268 thereof or a notarized statement that the notice of commencement
269 has been filed for recording along with a copy thereof. The
270 notice of commencement must shall contain all of the following
271 information:
272 1. A description sufficient for identification of the real
273 property to be improved. The description must should include the
274 legal description of the property and also should include the
275 street address and tax folio number of the property if available
276 or, if the there is no street address is not available, such
277 additional information as will describe the physical location of
278 the real property to be improved.
279 2. A general description of the improvement.
280 3. The name and address of the owner, the owner's interest
281 in the site of the improvement, and the name and address of the
282 fee simple titleholder, if other than such owner. A lessee who
283 contracts for the improvements is an owner as defined in s.
284 713.01 under s. 713.01(23) and must be listed as the owner
285 together with a statement that the ownership interest is a
286 leasehold interest.
287 4. The name and address of the contractor.
288 5. The name and address of the surety on the payment bond
289 under s. 713.23, if any, and the amount of such bond.
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290 6. The name and address of any person making a loan for
291 the construction of the improvements.
292 7. The name and address within the state of a person other
293 than himself or herself who may be designated by the owner as
294 the person upon whom notices or other documents may be served
295 under this part; and service upon the person so designated
296 constitutes service upon the owner.
297 (d) A notice of commencement must be in substantially the
298 following form:
299
300 Permit No..... Tax Folio No.....
301 NOTICE OF COMMENCEMENT
302 State of....
303 County of....
304
305 The undersigned hereby gives notice that improvement will be
306 made to certain real property, and in accordance with Chapter
307 713, Florida Statutes, the following information is provided in
308 this Notice of Commencement.
309 1. Description of property: ...(legal description of the
310 property, and street address if available)....
311 2. General description of improvement:.....
312 3. Owner information or Lessee information if the Lessee
313 contracted for the improvement:
314 a. Name and address:.....
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Amendment No. 1
315 b. Interest in property:.....
316 c. Name and address of fee simple titleholder (if
317 different from Owner listed above):.....
318 4.a. Contractor: ...(name and address)....
319 b. Contractor's phone number:.....
320 5. Surety (if applicable, a copy of the payment bond is
321 attached):
322 a. Name and address:.....
323 b. Phone number:.....
324 c. Amount of bond: $.....
325 6.a. Lender: ...(name and address)....
326 b. Lender's phone number:.....
327 7. Persons within the State of Florida designated by Owner
328 upon whom notices or other documents may be served as provided
329 by Section 713.13(1)(a)7., Florida Statutes:
330 a. Name and address:.....
331 b. Phone numbers of designated persons:.....
332 8.a. In addition to himself or herself, Owner designates
333 ............ of ............ to receive a copy of the Lienor's
334 Notice as provided in Section 713.13(1)(b), Florida Statutes.
335 b. Phone number of person or entity designated by
336 owner:.....
337 9. Expiration date of notice of commencement (the
338 expiration date will be 1 year after from the date of recording
339 unless a different date is specified).....
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Amendment No. 1
340
341 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
342 EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
343 PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
344 STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
345 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
346 POSTED ON THE JOB SITE OF THE IMPROVEMENT BEFORE THE FIRST
347 INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
348 LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR
349 NOTICE OF COMMENCEMENT.
350
351 ...(Signature of Owner or Lessee, or Owner's or Lessee's
352 Authorized Officer/Director/Partner/Manager)...
353
354 ...(Signatory's Title/Office)...
355
356 The foregoing instrument was acknowledged before me by means of
357 ☐ physical presence or sworn to (or affirmed) by ☐ online
358 notarization this .... day of ...., ...(year)..., by ...(name of
359 person)... as ...(type of authority, . . . e.g. officer,
360 trustee, attorney in fact)... for ...(name of party on behalf of
361 whom instrument was executed)....
362
363 ...(Signature of Notary Public - State of Florida)...
364
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365 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
366
367 Personally Known .... OR Produced Identification ....
368
369 Type of Identification Produced............
370 Section 7. Subsections (1), (3), and (4) of section
371 713.132, Florida Statutes, are amended to read:
372 713.132 Notice of termination.—
373 (1) An owner may terminate the period of effectiveness of
374 a notice of commencement by executing, swearing to, and
375 recording a notice of termination that contains all of the
376 following:
377 (a) The same information that is in as the notice of
378 commencement.;
379 (b) The official records' recording office document book
380 and page reference numbers and recording date affixed by the
381 recording office on of the recorded notice of commencement.;
382 (c) A statement of the date as of which the notice of
383 commencement is terminated, which date may not be earlier than
384 30 days after the notice of termination is recorded .;
385 (d) A statement specifying that the notice applies to all
386 the real property subject to the notice of commenceme nt or
387 specifying the portion of such real property to which it
388 applies.;
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Amendment No. 1
389 (e) A statement that all lienors have been paid in full .;
390 and
391 (f) A statement that the owner has, before recording the
392 notice of termination, served a copy of the notice of
393 termination on the contractor and on each lienor who has a
394 direct contract with the owner or who has timely served a notice
395 to owner, and a statement that the owner will serve a copy of
396 the notice of termination on each lienor who timely serves a
397 notice to owner after the notice of termination has been
398 recorded. The owner is not required to serve a copy of the
399 notice of termination on any lienor who has executed a waiver
400 and release of lien upon final payment in accordance with s.
401 713.20.
402 (3) An owner may not record a notice of termination at any
403 time after except after completion of construction, or after
404 construction ceases before completion and all lienors have been
405 paid in full or pro rata in accordance with s. 713.06(4).
406 (4) If an owner or a contractor, by fraud or collusion,
407 knowingly makes any fraudulent statement or affidavit in a
408 notice of termination or any accompanying affidavit, the owner
409 and the contractor, or either of them, as the case may be, is
410 liable to any lienor who suffers damages as a result of the
411 filing of the fraudulent notice of termination,; and any such
412 lienor has a right of action for damages occasioned thereby.
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Amendment No. 1
413 (5)(4) A notice of termination must be served before
414 recording on each lienor who has a direct contract with the
415 owner and on each lienor who has timely and properly served a
416 notice to owner in accordance with this part before the
417 recording of the notice of termination. A notice of termination
418 must be recorded in the official records of the county in which
419 the improvement is located. If properly served before recording
420 in accordance with this subsection, the notice of termination
421 terminates the period of effectiveness of the notice of
422 commencement 30 days after the notice of termination is recorded
423 in the official records is effective to terminate the notice of
424 commencement at the later of 30 days after recording of the
425 notice of termination or a later the date stated in the notice
426 of termination as the date on which the notice of commencement
427 is terminated. However, if a lienor who began work under the
428 notice of commencement before its termination lacks a direct
429 contract with the owner and timely serves his or her notice to
430 owner after the notice of termination has been recorded, the
431 owner must serve a copy of the notice of termination upon such
432 lienor, and the termination of the notice of commencement as to
433 that lienor is effective 30 days after service of the notice of
434 termination, if the notice of termination has been served
435 pursuant to paragraph (1)(f) on the contractor and on each
436 lienor who has a direct contract with the owner or who has
437 served a notice to owner.
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Amendment No. 1
438 Section 8. Subsections (1) and (3) of section 713.135,
439 Florida Statutes, are amended to read:
440 713.135 Notice of commencement and applicability of lien. —
441 (1) When a any person applies for a building permit, the
442 authority issuing such permit shall:
443 (a) Print on the face of each permit card in no less than
444 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR
445 FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
446 PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
447 COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE OF THE
448 IMPROVEMENT BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN
449 FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
450 RECORDING YOUR NOTICE OF COMMENCEMENT."
451 (b) Provide the applicant and the owner of the real
452 property upon which improvements are to be constructed with a
453 printed statement stating that the right, title, and interest of
454 the person who has contracted for the improvement may be subject
455 to attachment under the Construction Lien Law. The Department of
456 Business and Professional Regulation shall furnish, for
457 distribution, the statement described in this paragraph, and the
458 statement must be a summary of the Construction Lien Law and
459 must include an explanation of the provisions of the
460 Construction Lien Law relating to the recording, and the posting
461 of copies, of notices of commencement and a statement
462 encouraging the owner to record a notice of commencement and
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Amendment No. 1
463 post a copy of the notice of commencement in accordance with s.
464 713.13. The statement must also contain an explanation of the
465 owner's rights if a lienor fails to furnish the owner with a
466 notice as provided in s. 713.06(2) and an explanation of the
467 owner's rights as provided in s. 713.22. The authority that
468 issues the building permit must obtain from the Department of
469 Business and Professional Regulation the statement required by
470 this paragraph and must mail, deliver by electronic mail or
471 other electronic format or facsimile, or personally deliver that
472 statement to the owner or, in a case in which the owner is
473 required to personally appear to obtain the permit, provide that
474 statement to any owner making improvements to real property
475 consisting of a single or multiple family dwelling up to and
476 including four units. However, the failure by the authorities to
477 provide the summary does not subject the issuing authority to
478 liability.
479 (c) In addition to providing the owner with the statement
480 as required by paragraph (b), inform each applicant who is not
481 the person whose right, title, and interest is subject to
482 attachment that, as a condition to the issuance of a building
483 permit, the applicant must promise in good faith that the
484 statement will be delivered to the person whose property is
485 subject to attachment.
486 (d) Furnish to the applicant two or more copies of a form
487 of notice of commencement conforming with s. 713.13.
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Amendment No. 1
488 (e) Require If the direct contract is greater than $2,500,
489 the applicant to shall file with the issuing authority before
490 prior to the first inspection either a certified copy of the
491 recorded notice of commencement if the direct contract is
492 greater than $7,500. For purposes of this paragraph, the term
493 "copy of the notice of commencement" means a certified copy of
494 the recorded notice of commencement, or a notarized statement
495 that the notice of commencement has been filed for recording ,
496 along with a copy thereof, or the clerk's office's official
497 records identifying information that includes the instrument
498 number for the notice of commencement or the number and page of
499 book where the notice of commencement is recorded, as identified
500 by the clerk.
501 1. In the absence of the filing of a certified copy of the
502 recorded notice of commencement, the issuing authority or a
503 private provider performing inspection services may not perform
504 or approve subsequent inspections until the applicant files by
505 mail, facsimile, hand delivery, or any other means such
506 certified copy with the issuing authority.
507 2. The certified copy of the notice of commencement must
508 contain the name and address of the owner, the name and address
509 of the contractor, and the location or address of the property
510 being improved. The issuing authority shall verify that the name
511 and address of the owner, the name of the contractor, and the
512 location or address of the property being improved which is
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Amendment No. 1
513 contained in the certified copy of the notice of commencement is
514 consistent with the information in the building permit
515 application.
516 3. The issuing authority shall provide the recording
517 information on the certified copy of the recorded notice of
518 commencement to any person upon request.
519 4. This paragraph subsection does not require the
520 recording of a notice of commencement before prior to the
521 issuance of a building permit. If a local government requires a
522 separate permit or inspection for installation of temporary
523 electrical service or other temporary utility service, land
524 clearing, or other preliminary site work, such permits may be
525 issued and such inspections may be conducted without providing
526 the issuing authority with a certified copy of the a recorded
527 notice of commencement or a notarized statement regarding a
528 recorded notice of commencement. This subsection does not apply
529 to a direct contract to repair or replace an existing heating or
530 air-conditioning system in an amount less than $15,000.
531 (f)(e) Not require that a notice of commencement be
532 recorded as a condition of the application for, or processing or
533 issuance of, a building permit. However, this paragraph does not
534 modify or waive the inspection requirements set forth in this
535 subsection.
536
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537 This subsection does not apply to a direct contract to repair or
538 replace an existing heating or air-conditioning system in an
539 amount less than $15,000.
540 (3) An issuing authority under subsection (1) is not
541 liable in any civil action for the failure to verify that a
542 certified copy of the recorded notice of commencement , a
543 notarized statement that the notice of commencement has been
544 filed for recording along with a copy thereof, or the clerk's
545 office's official records identifying information that includes
546 the instrument number for the notice of commencement or the
547 number and page of book where the notice of commencement is
548 recorded, as identified by the clerk, has been filed in
549 accordance with this section.
550 Section 9. Section 713.18, Florida Statutes, is amended to
551 read:
552 713.18 Manner of serving documents notices and other
553 instruments.—
554 (1) Unless otherwise specifically provided by law, service
555 of any document notices, claims of lien, affidavits,
556 assignments, and other instruments permitted or required under
557 this part, s. 255.05, or s. 337.18, or copies thereof when so
558 permitted or required, unless otherwise specifically provided in
559 this part, must be made by one of the following methods:
560 (a) By hand actual delivery to the person to be served; if
561 a partnership, to one of the partners; if a corporation, to an
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Amendment No. 1
562 officer or, director, managing agent, or business agent; or, if
563 a limited liability company, to a member or manager; or to an
564 employee or agent authorized by the partnership, corporation, or
565 limited liability company to receive service of such document .
566 (b) By common carrier delivery service or by registered,
567 Global Express Guaranteed, or certified mail to the person to be
568 served, with postage or shipping paid by the sender and with
569 evidence of delivery, which may be in an electronic format.
570 (c) By posting on the site of the improvement if service
571 as provided by paragraph (a) or paragraph (b) cannot be
572 accomplished.
573 (2) Notwithstanding subsection (1), service of a notice to
574 owner or a preliminary notice to contractor under this part, s.
575 255.05, or s. 337.18, or s. 713.23 is effective as of the date
576 of mailing and the requirements for service under this section
577 have been satisfied if all of the following requirements have
578 been met:
579 (a) The notice is mailed by registered, Global Express
580 Guaranteed, or certified mail, with postage prepaid, to the
581 person to be served and addressed as prescribed at any of the
582 addresses set forth in subsection (3).;
583 (b) The notice is mailed within 40 days after the date the
584 lienor first furnishes labor, services, or materials.; and
585 (c)1. The person who served the notice maintains a
586 registered or certified mail log that shows the registered or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 331 (2023)
Amendment No. 1
587 certified mail number issued by the United States Postal
588 Service, the name and address of the person served, and the date
589 stamp of the United States Postal Service confirming the date of
590 mailing; or
591 2. The person who served the notice maintains electronic
592 tracking records approved or generated by the United States
593 Postal Service containing the postal tracking number, the name
594 and address of the person served, and verification of the date
595 of receipt by the United States Postal Service.
596 (3)(a) Notwithstanding subsection (1), service of a
597 document under an instrument pursuant to this section is
598 effective on the date of mailing or shipping, and the
599 requirements for service under this section have been s atisfied,
600 the instrument if the document meets both of the following
601 requirements it:
602 1. It is sent to the last address shown in the notice of
603 commencement or any amendment thereto or, in the absence of a
604 notice of commencement, to the last address shown in the
605 building permit application, or to the last known address of the
606 person to be served.; and
607 2. It is returned as being "refused," "moved, not
608 forwardable," or "unclaimed," or is otherwise not delivered or
609 deliverable through no fault of the person serving the document
610 item.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 331 (2023)
Amendment No. 1
611 (b) If the address shown in the notice of commencement or
612 any amendment thereto to the notice of commencement, or, in the
613 absence of a notice of commencement, in the building permit
614 application, is incomplete for purposes of mailing or delivery,
615 the person serving the document item may complete the address
616 and properly format it according to United States Postal Service
617 addressing standards using information obtained from the
618 property appraiser or another public record without affecting
619 the validity of service under this section.
620 (4) A document notice served by a lienor on one owner or
621 one partner of a partnership owning the real property is deemed
622 served on notice to all owners and partners.
623 Section 10. Section 713.21, Florida Statutes, is amended
624 to read:
625 713.21 Discharge of lien.—A lien properly perfected under
626 this chapter may be discharged, or released in whole or in part,
627 by any of the following methods:
628 (1) By entering satisfaction of the lien upon the margin
629 of the record thereof in the clerk's office when not otherwise
630 prohibited by law. This satisfaction must shall be signed by the
631 lienor or, the lienor's agent or attorney and attested by said
632 clerk. Any person who executes a claim of lien has shall have
633 authority to execute a satisfaction in the absence of actual
634 notice of lack of authority to any person relying on the same.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 331 (2023)
Amendment No. 1
635 (2) By the satisfaction or release of the lienor, duly
636 acknowledged and recorded in the clerk's office. The
637 satisfaction or release must include the lienor's notarized
638 signature and set forth the official records' reference number
639 and recording date affixed by the recording office on the
640 subject lien. Any person who executes a claim of lien has shall
641 have authority to execute a satisfaction or release in the
642 absence of actual notice of lack of authority to any person
643 relying on the same.
644 (3) By failure to begin an action to enforce the lien
645 within the time prescribed in this part.
646 (4) By an order of the circuit court of the county where
647 the property is located, as provided in this subsection. Upon
648 filing a complaint therefor by any interested party the clerk
649 shall issue a summons to the lienor to show cause within 20 days
650 after service of the summons why his or her lien should not be
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HB 591
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 591 Social Media Protection for Minors
SPONSOR(S): Rayner-Goolsby and others
TIED BILLS: IDEN./SIM. BILLS: SB 792
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee
2) Choice & Innovation Subcommittee
3) Appropriations Committee
4) Commerce Committee
SUMMARY ANALYSIS
Social media platforms are a computer-based technology that facilitates the sharing of ideas, thoughts, and
information through virtual networks and communities gives users quick electronic communication of content,
such as personal information, videos, and photos. Social media use by children can have positive and negative
influences, and providing them with information and external controls can help prevent harmful effects.
The bill requires social media platforms to meet the following operating requirements:
Disclose:
o Content moderation policies.
o Manipulation of photographs or digital images.
o Methodology used to consider the best interests of minors when providing services.
o User policies related to harmful behaviors, such as bullying and harassment.
Provide:
o Local resources for law enforcement, suicide prevention, and domestic violence prevention.
o Protective measures such as screen time, usage data, and other parental settings.
Require minors at the time of log in to read and accept a disclaimer on social media harms.
Social media platforms that fail to meet such operating requirements are prohibited from registering, enrolling,
or otherwise accepting new accounts from minors.
Subject to appropriation by the Legislature, the Department of Agriculture and Consumer Services must:
Enforce the operating requirements and provide for adequate staffing and investigative resources.
Implement measures to screen and evaluate social media platforms for compliance with the
operating requirements, including the minimum age requirement for registration or enrollment.
The bill provides that a social media platform is subject to a fine of $10,000 for each occurrence in which a
minor is registered or enrolled in a platform that fails to meet the operating requirements. Proceeds from such
fines must be directed to resources serving the mental health needs of children.
The bill requires all schools operating in the state that accept state funding are prohibited from requiring
students, regardless of age, to register, enroll, or participate in social media platforms as a means to access
information, materials, or resources related to school-sponsored educational activities.
The bill will have an indeterminate, negative fiscal impact on state government and no fiscal impact on local
governments.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0591.RRS
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Social Media Platforms
Generally, a social media platform is a computer-based technology that facilitates the sharing of ideas,
thoughts, and information through virtual networks and communities. Social media is internet-based
and gives users quick electronic communication of content, such as personal information, videos, and
photos. Users engage with social media via a computer, tablet, or smartphone via web-based software
or applications.1
Effects of Social Media on Children
Generally, social media use by children can have both positive and negative effects on their health.2
Some potential safety risks of social media use include:3
Exposure to harmful or inappropriate content.
Exposure to dangerous people.
Cyberbullying.
Oversharing personal information.
Exposure to excessive advertisements.
Privacy concerns, including the collection of data about minors.
Identity theft or being hacked.
Interference with sleep, exercise, homework, or family activities.
While children generally become more attuned to social interactions as they enter adolescence, those
who are frequent, early social media users become particularly sensitive to anticipating social risks and
rewards from their peers, according to a study published in JAMA Pediatrics.4
The researchers found that “habitual” social media users, or those who checked their social feeds 15
times a day or more, responded quicker and more intensely to perceived good or bad emotions from
peers, compared to students who checked once a day or less. The areas of the brain associated with
motivation and cognitive control became more active among the habitual students when expecting
social rewards and punishments. The students who used little social media reacted less strongly to
social cues over the same time period.5
Another study in the Journal of Adolescent Health found that 9- and 10-year-olds who spent hours a
day playing video games or watching online algorithm-based videos had a higher risk of developing
obsessive-compulsive disorders.6
1 Maya Dollarhide, Social Media: Definition, Effects, and List of Top Apps, Investopedia.com,
https://www.investopedia.com/terms/s/social-media.asp (last visited Mar. 1, 2023).
2
Mayo Clinic Staff, Teens and social media use: What's the impact?, Mayo Foundation for Medical Education and Research,
https://www.mayoclinic.org/healthy-lifestyle/tween-and-teen-health/in-depth/teens-and-social-media-use/art-20474437 (last visited Mar.
2, 2023).
3 Loyola Medicine, Social Media Safety for Kids and Teens, https://www.loyolamedicine.org/about-us/blog/social-media-
safety-kids-teens, (last visited Mar. 2, 2023)
4 Sarah D. Sparks, Preteens’’ Social Media Hab its Could Be Changing Their Brains, Education Week, Jan. 6, 2023,
https://www.edweek.org/leadership/preteens-social-media-habits-could-be-changing-their-brains/2023/01 (last visited Mar. 1, 2023);
Maria T. Maza, BS; Kara A. Fox, MA; Seh-Joo Kwon, BS; et al, Association of Hab itual Checking Behaviors on Social Media With
Longitudinal Functional Brain Development, JAMA Pediatrics, Jan. 3, 2023, https://jamanetwork.com/journals/jamapediatrics/article-
abstract/2799812 (last visited Mar. 1, 2023).
5 Maria T. Maza, supra note 4.
6 Id; Jason M. Nagata, M.D., M.Sc.; Jonathan Chu; Gabriel Zamora; Caitlin R. Costello, M.D.; Stuart B. Murray, D.Clin.Psych., Ph. D.;
Fiona C. Baker, Ph.D.; Screen Time and Ob sessive-Compulsive Disorder Among Children 9–10 Years Old: A Prospective Cohort
STORAGE NAME: h0591.RRS PAGE: 2
DATE: 3/7/2023
In 2021, the Wall Street Journal reported internal research showing that Instagram conducted online
surveys, diary studies, focus groups and large-scale questionnaires, which showed that 32% of
teenage girls reported that Instagram made them have a worse body image. Of research participants
who experienced suicidal thoughts, 13% of British teens and 6% of American teens directly linked their
interest in suicide to Instagram.7
Recently, U.S. Surgeon General Vivek Murthy remarked that 13 years old is “too early” for children to
use social media, despite most social media companies allowing 13 year olds to use their platforms. In
early adolescence, kids are still “developing their identity, their sense of self,” Murthy said on CNN’s
“Newsroom” on Jan. 29. He stated that “the skewed, and often distorted, environment of social media
often does a disservice to many of those children.”8
However, social media can allow teens to create online identities, communicate with others, and build
social networks, which can provide teens with valuable support, especially helping those who
experience exclusion. Social media can expose teens to current events, allow them to interact across
geographic barriers, and teach them about a variety of subjects, including healthy behaviors. Also,
social media that is humorous or provides a meaningful connection to peers may help teens avoid
depression.9
In 2022, the Pew Research Center conducted a survey asking teens of their views on social media.
Generally, they credit social media for helping to build stronger friendships and exposing them to a
more diverse world, but they express concern that these sites lead to drama and social pressure.10
Safety Measures and Parental Controls
Providing children with information on ways to more safely use social media may decrease the harm
they experience. Having conversations about social media, its benefits, and its risks, may help promote
positive social media usage.11
Also, parental controls can help protect children from inappropriate content, cyberbullying and other
online safety issues. Generally, parental controls are a group of settings that put a parent in control of
what content a child can see.12 Many websites, games, software, devices, and user interfaces offer the
optional use of parental controls. Examples of parental controls include blocking websites, filtering
content, imposing limits on screen time, allowing parents to monitor online activity, location tracking,
and disabling Wi-Fi.13
Laws Protecting Children Online
Children’s Online Privacy Protection Act (COPPA)
The Children’s Online Privacy Protection Act (COPPA) 14 and its related rules, is a federal law that
regulates websites’ collection and use of children’s information. The operator of a website or online
service that is directed to children, or that has actual knowledge that it collects children’s personal
Study; Journal of Adolescent Health, Dec. 12, 2022; https://www.jahonline.org/article/S1054-139X(22)00722-4/fulltext (last visited Mar.
1, 2023).
7
Taylor Hatmaker, Faceb ook knows Instagram harms teens. Now, its plan to open the app to kids looks worse than ever,
TechCrunch.com, https://techcrunch.com/2021/09/16/facebook-instagram-for-kids-mosseri-wsj-teen-girls/ (last visited Mar. 1, 2023).
8 Lauraine Langreo, EducationWeek, Surgeon General: Kids Under 14 Should Not Use Social Media, Feb. 2, 2023,
https://www.edweek.org/leadership/surgeon-general-kids-under-14-should-not-use-social-media/2023/02 (last visited Mar. 1, 2023).
9 Mayo Clinic, supra note 2.
10 Pew Research Center, Teens’ Social Media Hab its and Experiences, https://www.pewresearch.org/internet/2018/11/28/teens-social-
media-habits-and-experiences/, (last visited Mar. 2, 2023).
11 WebMD Editorial Contributors, How to Talk to Your Kids Ab out Social Media, WebMD.com, https://www.webmd.com/parenting/how-
to-talk-to-kids-about-social-media (last visited Mar. 1, 2023).
12 Internetmatters.org, Parental Controls, https://www.internetmatters.org/parental-controls/ (last visited Mar. 1, 2023).
13 Caroline Knorr, Commonsensemedia.org, Parents’ Ultimate Guide to Parental Controls,
https://www.commonsensemedia.org/articles/parents-ultimate-guide-to-parental-controls (last visited Mar. 1, 2023).
14 16 C.F.R. pt. 312.
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information (covered entities), must comply with requirements regarding data collection and use,
privacy policy notifications, and data security.
A covered entity may not collect personal information from a child under the age of 13 without the prior,
verifiable consent of his or her parent.15
COPPA requires covered entities to:16
• Give parents direct notice of their privacy policies, including a description of their data collection
and sharing practices;
• Post a clear link to their privacy policies on their home page and at each area of their website
where they collect personal information from children;
• Institute procedures to protect the personal information that they hold;
• Ensure that any third party with which they share collected personal information implements the
same protection procedures; and
• Delete children’s personal information after the purpose for its retention has been fulfilled.
Violations of COPPA are deemed an unfair or deceptive act or practice and may therefore be
prosecuted by the FTC. COPPA also authorizes state attorneys general to enforce violations that affect
residents of their states. There is no criminal prosecution or private right of action provided for under
COPPA.17
California Age-Appropriate Design Code Act
In 2022, California adopted the California Age-Appropriate Design Code Act (CAADCA),18 legislation
modelled on the United Kingdom’s Age Appropriate Design Code,19 which requires online platforms to
adhere to strict default privacy and safety settings that protect the best interest of children.20 CAADCA
covers children under 18 years of age and will be effective July 1, 2024.21
CAADCA requires certain businesses that provide an online service, product, or feature that is likely to
be accessed by children to comply with several new requirements and restrictions, including:22
Prohibitions on using any personal information that it knows or should know is materially
detrimental to a child’s physical or mental health and/or wellbeing; and
Prohibitions on obscuring user interface features to deliberately defeat consent or manipulate
children into providing unnecessary personal information, otherwise called “dark patterns.”
Such businesses must complete a Data Protection Impact Assessment for any new feature they wish to
offer to the public if it is likely to be accessed by children, which will determine if any dark patterns are
employed, if there is an asymmetrical reward, or if targeted advertisements are deployed in a way that
could harm or exploit children.23
Social Media Use in Florida Schools
15 15 U.S.C. ss. 6502(a)-(b).
16 See, Federal Trade Commission, General Questions Ab out the COPPA Rule: What is the Children’s Online Privacy Protection Rule?,
https://www.ftc.gov/tips -advice/business-center/guidance/complying-coppa-frequently-asked-questions-0 (last visited Mar. 1, 2023).
17 Id.
18 Cal. Civil Code § 1798.99.28-.35
19 5Rights Foundation, California follows UK lead as child data protection law is passed , https://5rightsfoundation.com/in-
action/california-follows-uk-lead-as-child-data-protection-law-is-passed.html (last visited Mar. 2, 2023).
20 Office of Governor Gavin Newsome, Governor Newsom Signs First-in-Nation Bill Protecting Children’s Online Data and Privacy,
https://www.gov.ca.gov/2022/09/15/governor-newsom-signs-first-in-nation-bill-protecting-childrens-online-data-and-privacy/ (last visited
Mar. 2, 2023).
21 Cal. Civil Code § 1798.99.28-.35
22 Briana Kelly, Nelson Mullins Riley & Scarborough LLP, State of California Passes Bill to Protect Children Online, Jan. 26, 2023,
https://www.nelsonmullins.com/idea_exchange/alerts/privacy_and_data_security_alert/all/state -of-california-passes-bill-to-protect-
children-online (last visited Mar. 2, 2023).
23 Id.
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Students in Florida are not required to receive instruction on social media. However, an instructional
model for a social media course24 is available in CPALMS.25 The purpose of this social media course is
to enable students to develop fundamental skills in the use of social media across print, multimedia,
web, and broadcast platforms, including ethical and legal uses. The content of this course should
include, but not be limited to, the following:26
Demonstrating entry-level skills in digital communication and packaging them across the
platforms/mediums of print, multimedia, online, and broadcast;
Demonstrating fundamental skills in social media platforms and their uses; expressing social
connections with maturity and complexity appropriate to writer, audience, purpose, and context;
Using fundamental research skills and networking formats;
Collaborating amongst peers; and
Using effective listening, speaking, and viewing strategies with an emphasis on the use of
evidence to support or refute a claim in multimedia presentations, class discussions, and
extended text discussions.
Department of Agriculture and Consumer Services
In addition to regulating agriculture in Florida, the Department of Agriculture and Consumer Services
(DACS) also protects consumers from unfair and deceptive business practices and provides consumer
information.27
DACS achieves this, in part, through licensing and registering various professionals, including:
Professional Surveyors and Mappers (ch. 472, F.S.);
Private Investigative, Private Security, and Repossession Services (ch. 493, F.S.);
Solicitation of Funds (ch. 496, F.S.);
Health Studios (ch. 501, pt. I, F.S.);
Telemarketing Services (ch. 501, pt. IV, F.S.);
Intrastate Movers and Brokers (ch. 507, F.S.);
Sellers of Liquefied Petroleum Gas (ch. 527, F.S.);
Pawnbroking (ch. 539, F.S.);
Motor Vehicle Repair Shops (ch. 559, pt. IX, F.S.); and
Sellers of Travel (ch. 559, pt. XI, F.S.).
Generally, DACS can discipline a licensee for violations of their professional license laws, as provided
in their applicable practice act, including fines and revocation.
Also, DACS acts as the state’s clearinghouse for consumer complaints, information and protection.
DACS protects consumers and businesses from unfair and unsafe business practices across a wide
range of market sectors, including gasoline, brake fluid, antifreeze, liquefied petroleum gas, amusement
rides, and weighing and measuring devices. DACS provides consumer education and information on
these issues on their website.28
Effect of the Bill
Beginning January 1, 2024, a social media platform operating in the state must meet the following
operating requirements:
Disclose the following:
24
CPALMS, Course, Social Media 1 (#1006375), https://www.cpalms.org/PreviewCourse/Preview/17758, (last visited Mar. 2, 2023).
25 CPALMS is the State of Florida’s official source for standards information and course descriptions. It provides access to tho usands of
standards-aligned, free, and high-quality instructional/educational resources that have been developed specifically for the standards
and vetted through a rigorous review process. CPALMS, Ab out CPALMS, http://www.cpalms.org/CPALMS/about_us.aspx, (last visited
Mar. 2, 2023).
26 Id.
27 s. 20.14(2), F.S.
28 Department of Agriculture and Consumer Services, Division of Consumer Services, https://www.fdacs.gov/Divisions-
Offices/Consumer-Services (last visited Mar. 7, 2023).
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DATE: 3/7/2023
o Content moderation policies, including the use of addictive design features such as autoplay
or infinite scroll.
o Manipulation of photographs or digital images.
o Methodology used to consider the best interests of minors when designing, developing, and
providing services.
o Clear and concise user policies, protections, and reporting mechanisms related to harmful
behaviors such as bullying, harassment, and threats of violence or self-harm.
Provide the following:
o Zip code-based references to local resources for law enforcement, suicide prevention, and
domestic violence prevention services.
o Protective measures such as screen time, usage data, and other parental settings.
At the time of log in, require minors to read and accept a disclaimer which must be in substantially
the following form:
This application may be harmful to your mental health and may use design
features that have addictive qualities or present unverified information or
that may be manipulated by [insert platform name] for your viewing. This
application may also collect your personal data to further manipulate your
viewable content and may share your personal data with others.
Social media platforms that fail to meet such operating requirements are prohibited from registering,
enrolling, or otherwise accepting new accounts from minors.
Subject to appropriation by the Legislature, DACS must:
Enforce the operating requirements and provide for adequate staffing and investigative resources.
Implement measures to screen and evaluate social media platforms for compliance with the
operating requirements, including the minimum age requirement for registration or enrollment.
The bill provides that a social media platform is subject to a fine of $10,000 for each occurrence in
which a minor is registered or enrolled in a platform that fails to meet the operating requirements.
Proceeds from such fines must be directed to resources serving the mental health needs of children.
The bill requires all schools operating in the state that accept state funding are prohibited from requiring
students, regardless of age, to register, enroll, or participate in social media platforms as a means to
access information, materials, or resources related to school-sponsored educational activities.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Creates s. 501.174, F.S.; providing operating requirements for social media platforms.
Section 2: Provides requirements for schools operating in Florida.
Section 3: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may increase revenues due to increased fines levied to social media platforms that violate
the operating requirements.
2. Expenditures:
The bill will increase state expenditures due to increased regulatory costs for DACS to enforce the
bill.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
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DATE: 3/7/2023
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will require social media platforms to expend resources to develop standards and mechanisms
to comply with 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:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill does not provide a definition for “social media platform,” or indicate whether the requirements
are only applicable to platforms used by children, which may cause confusion of the applicability of the
bill. The sponsor has indicated that these issues will be addressed on an amendment to the bill.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 591 2023
1 A bill to be entitled
2 An act relating to social media protection for minors;
3 creating s. 501.174, F.S.; requiring social media
4 platforms to disclose specified information and
5 provide specified resources, measures, and
6 disclaimers; prohibiting social media platforms that
7 fail to meet certain requirements from accepting new
8 accounts from minors; requiring the Department of
9 Agriculture and Consumer Services, subject to
10 legislative appropriation, to enforce specified
11 provisions and implement specified measures; providing
12 a fine for violations; requiring fine proceeds to be
13 used for specified purposes; prohibiting certain
14 schools from requiring students to register, enroll,
15 or participate in social media platforms for
16 educational purposes; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 501.174, Florida Statutes, is created
21 to read:
22 501.174 Social media protection for minors.-
23 (1) Beginning January 1, 2024, a social media platform
24 operating in the state must:
25 (a) Disclose the following:
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CODING: Words stricken are deletions; words underlined are additions.
hb0591-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 591 2023
26 1. Content moderation policies, including the use of
27 addictive design features such as autoplay or infinite scroll.
28 2. Manipulation of photographs or digital images.
29 3. Methodology used to consider the best interests of
30 minors when designing, developing, and providing services.
31 4. Clear and concise user policies, protections, and
32 reporting mechanisms related to harmful behaviors such as
33 bullying, harassment, and threats of violence or self -harm.
34 (b) Provide the following:
35 1. Zip code-based references to local resources for law
36 enforcement, suicide prevention, and domestic violence
37 prevention services.
38 2. Protective measures such as screen time, usage data,
39 and other parental settings.
40 (c) At the time of log in, require minors to read and
41 accept a disclaimer which must be in substantially the following
42 form:
43
44 This application may be harmful to your mental health
45 and may use design features that have addictive
46 qualities or present unverified information or that
47 may be manipulated by [insert platform name] for your
48 viewing. This application may also collect your
49 personal data to further manipulate your viewable
50 content and may share your personal data with others.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 591 2023
51
52 (2) Social media platforms that fail to meet the
53 requirements of subsection (1) are prohibited from registering,
54 enrolling, or otherwise accepting new accounts from minors.
55 (3) Subject to appropriation by the Legislature, the
56 Department of Agriculture and Consumer Services shall:
57 (a) Enforce this section and provide for adequate staffing
58 and investigative resources.
59 (b) Implement measures to screen and evaluate social media
60 platforms for compliance with subsection (1), including the
61 minimum age requirement for registration or enrollment.
62 (4) A social media platform is subject to a fine of
63 $10,000 for each occurrence in which a minor is registered or
64 enrolled in a platform that fails to meet the requirements of
65 subsection (1). Proceeds from the fines collected must be
66 directed to resources serving the mental health needs of
67 children.
68 Section 2. All schools operating in the state that accept
69 state funding are prohibited from requiring students, re gardless
70 of age, to register, enroll, or participate in social media
71 platforms as a means to access information, materials, or
72 resources related to school-sponsored educational activities.
73 Section 3. This act shall take effect July 1, 2023.
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hb0591-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 591 by Rep. Rayner-Goolsby
Social Media Protection for Minors
AMENDMENT SUMMARY
March 9, 2023
Amendment 1 by Rep. Rayner-Goolsby (strike-all):
• Defines “social media platform” as an online platform with users that are predominantly
children.
• Requires social media platforms to clearly post on their website certain user and
moderation policies related to actions that may cause harms to children.
• Requires social media platforms to provide access to resources and content controls to
help prevent harm to children.
• Allows social media platforms to post a statement on their website confirming that it has
complied with the operating requirements.
• Prohibits certain K-12 schools from having social media accounts on platforms that do
not contain a statement confirming compliance.
• Prohibits certain K-12 schools from requiring students to use social media as a part of
their curriculum.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 591 (2023)
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 Economic Development Subcommittee
3 Representative Rayner-Goolsby offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 501.174, Florida Statutes, is created
8 to read:
9 501.174 Social media protection for minors.-
10 (1) As used in this section, the term “social media
11 platform” or “platform” means a digital platform operating in
12 the state predominantly accessed by platform users who are under
13 the age of 18 that offers forms of electronic communication
14 through which such platform users are permitted to create online
15 communities to share information, ideas, personal messages, and
16 other content.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 591 (2023)
Amendment No. 1
17 (2) Beginning January 1, 2024, a social media platform
18 must, on their Internet homepage or platform user login page or
19 in a clearly labeled, conspicuous, and readily accessible link
20 contained on such page:
21 (a) Disclose the following social media platform policies,
22 in a way that is clearly, concisely, prominently, and
23 understandably written, using clear language suited to the age
24 of children likely to routinely access the platform with no
25 unrelated, confusing, or contradictory materials:
26 1. The content moderation policies used by the social
27 media platform for content on the platform.
28 2. Whether the social media platform uses or allows the
29 use of addictive design or deceptive pattern features including
30 autoplay or infinite scroll.
31 3. Whether the social media platform allows manipulated
32 photographs or digital images to be shared on the platform.
33 4. Whether the social media platform considers the best
34 interests of minors when designing, developing, and providing
35 services.
36 5. The methodology the social media platform uses to
37 consider the best interests of minors when designing,
38 developing, and providing services.
39 6. The policies and protections used by the social media
40 platform to protect against harmful behaviors, such as bullying,
41 harassment, and threats of violence or self-harm.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 591 (2023)
Amendment No. 1
42 7. Whether the platform collects or sells personal
43 information of platform users who are under the age of 18,
44 including personal identifiers, biometrics, and geolocation
45 data. If such personal information is collected, the platform
46 must disclose what kind of personal information is collected and
47 for purposes, and if such personal information is sold, the
48 platform must disclose to whom the personal information is sold.
49 (b) Provide clear access to the following:
50 1. Zip code-based references to local resources for law
51 enforcement, suicide prevention, and domestic violence
52 prevention services.
53 2. Protective measures such as screen time limitations,
54 data usage limitations, content filters, and other parental
55 settings.
56 3. Reporting mechanisms related to harmful behaviors, such
57 as bullying, harassment, and threats of violence or self -harm
58 (3) At the time of log in, and prior to obtaining access
59 to the platform, a social media platform must require platform
60 users who are under the age of 18 to read and accept a
61 disclaimer which must be in substantially the following form:
62
63 This application may be harmful to your mental health
64 and may use design features that have addictive
65 qualities, present unverified information, or may be
66 manipulated by [insert platform name] or others for
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 591 (2023)
Amendment No. 1
67 your viewing. This platform may also collect your
68 personal data to further manipulate your viewable
69 content and may share your personal data with others.
70
71 (4) When a social media platform complies with subsections
72 (2) and (3), the social media platform may place a statement
73 confirming such on their Internet homepage or platform user
74 login page.
75 (5) If a social media platform does not have a statement
76 described in subsection (4) on their Internet homepage or
77 platform user login page, then all K-12 schools operating in the
78 state that accept state funding may not use or have an account
79 on such social media platform.
80 Section 2. All K-12 schools operating in the state that
81 accept state funding are prohibited from requiring students,
82 regardless of age, to register, enroll, or participate in social
83 media platforms as a means to access information, materi als, or
84 resources related to school-sponsored educational activities.
85 This does not apply to portal, email, and message board accounts
86 used for official business with the school.
87 Section 3. This act shall take effect July 1, 2023.
88
89 -----------------------------------------------------
90 T I T L E A M E N D M E N T
91 Remove lines 8-13 and insert:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 591 (2023)
Amendment No. 1
92 accounts from minors; prohibiting certain
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HB 719
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 719 Practice of Veterinary Medicine
SPONSOR(S): Killebrew
TIED BILLS: IDEN./SIM. BILLS: SB 722
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee
2) Commerce Committee
SUMMARY ANALYSIS
In Florida, the practice of “veterinary medicine” means the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease. Veterinarians are regulated by the Board of Veterinary Medicine (Board) in
the Department of Business and Professional Regulation (DBPR) pursuant to ch. 474, F.S., relating to
veterinary medical practice (practice act).
The purpose of the practice act is to ensure that every veterinarian practicing in this state meets minimum
requirements for safe practice to protect public health and safety. The practice act provides requirements for
licensure by examination, licensure of qualified out-of-state veterinarians by endorsement, premises permitting,
prohibitions and penalties, and grounds for disciplinary action by the Board.
According to reports, a recent increase in household pet ownership has contributed to a shortage of
veterinarians in the U.S.
The bill allows out-of-state veterinarians to perform dog or cat sterilization services, and routine preventative
health services at the time of sterilization, under the certain circumstances. Specifically, the bill exempts from
the practice act veterinarians who:
Hold an active license to practice veterinary medicine in another jurisdiction in the U.S.;
Are in good standing in such jurisdiction; and
Perform dog or cat sterilization services or routine preventative health services at the time of
sterilization as an unpaid volunteer under responsible supervision of a veterinarian licensed in this
state.
The bill specifies that the supervising licensed veterinarian is responsible for all acts performed under this
provision by an out-of-state veterinarian acting under her or his responsible supervision.
The bill provides that an out-of-state veterinarian practicing pursuant to this provision is not eligible to apply for
a premises permit.
The bill does not appear to have a fiscal impact on state or local government.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Practice of Veterinary Medicine
The practice of veterinary medicine is regulated by the Department of Business and Professional
Regulation (DBPR) Board of Veterinary Medicine (Board).1 The Board administers and enforces the
provisions of ch. 474, F.S., relating to veterinary medical practice (practice act). The purpose of the
practice act is to ensure that every veterinarian practicing in this state meets minimum requirements for
safe practice to protect public health and safety.2
A veterinarian is a health practitioner licensed by the Board to engage in the practice of veterinary
medicine in Florida,3 which is the diagnosis of medical conditions of animals, and the prescribing or
administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease, or holding oneself out as performing any of these functions.4
Veterinary medicine includes, with respect to animals: 5
Surgery;
Acupuncture;
Obstetrics;
Dentistry;
Physical therapy;
Radiology;
Theriogenology (reproductive medicine);6 and
Other branches or specialties of veterinary medicine.
Licensure by Examination
To become a licensed veterinarian, an applicant must:
Graduate from a college of veterinary medicine accredited by the American Veterinary Medical
Association Council on Education (AVMAE); or from a college of veterinary medicine listed in
the American Veterinary Medical Association Roster of Veterinary Colleges of the World
(AVMARVC) and obtain a certificate from the Education Commission for Foreign Veterinary
Graduates (ECFVG) or the Program for the Assessment of Veterinary Education Equivalence
(PAVE);
Successfully complete the North American Veterinary Licensing Examination (NAVLE), or an
examination determined by the board to be equivalent; and
Successfully complete an examination of the laws and rules governing the practice of veterinary
medicine in Florida.7
Licensure by Endorsement
1 See ss. 474.204 through 474.2125, F.S., concerning the powers and duties of the Board.
2 S. 474.201, F.S.
3 See s. 474.202(11), F.S.
4 See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of
any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
5 See s. 474.202(13), F.S. Section 474.202(1), F.S., which defines “animal” as “any mammal other than a human being or any bird,
amphibian, fish, or reptile, wild or domestic, living or dead.”
6 The Society for Theriogenology, established in 1954, is composed of veterinarians dedicated to standa rds of excellence in animal
reproduction. See https://www.therio.org/page/HistoryTheriogenolog (last visited Feb. 25, 2023).
7 R. 61G18-11.002, F.A.C.
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A person who is licensed in another state or country is eligible for a license by endorsement in Florida if
they:8
Successfully complete an examination of the laws and rules governing the practice of veterinary
medicine in Florida; and
Either:
o hold a valid license to practice veterinary medicine in another jurisdiction of the United
States for the three years immediately preceding the application for licensure, provided that
the requirements for licensure are equivalent to or more stringent than a Florida license; or
o have graduated from an AVMAE, or AVMARVC program with the required certificate, and
have successfully completed an examination which is equivalent to or more stringent than
the NAVLE.
DBPR may not issue a license by endorsement to any applicant who is under investigation in any state,
territory, or the District of Columbia for an act which would constitute a violation of the practice act until
the investigation is complete and disciplinary proceedings have been terminated.9
Exemptions
The following entities are exempt from the practice act:10
Veterinary aides, nurses, laboratory technicians, preceptors, 11 or other employees of a licensed
veterinarian, who administer medication or provide help or support under the responsible
supervision12 of a licensed veterinarian;
Certain non-Florida licensed veterinarians who are consulting upon the request of a Florida-
licensed veterinarian;
Faculty veterinarians when they have assigned teaching duties at accredited13 institutions;
Certain graduate intern/resident veterinarians of accredited institutions;
Certain students in a school or college of veterinary medicine who perform assigned duties by
an instructor or work as preceptors;
Certain doctors of veterinary medicine employed by a state agency or the U.S. Government;
Persons or their employees caring for the persons’ own animals, as well as certain part-time or
temporary employees, or independent contractors, who are hired by an owner to help with herd
management and animal husbandry tasks; and
Certain entities or persons 14 that conduct experiments and scientific research on animals as part
of the development of pharmaceuticals, biologicals, serums, or treatment methods or
techniques to diagnose or treatment of human ailments, or in the study and development of
methods and techniques applicable to the practice of veterinary medicine.
Premises Permit
Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
permit issued by DBPR.15 Each person to whom a veterinary license or premises permit is issued must
8 S. 474.217(1), F.S.
9 S. 474.217(2), F.S.
10 See s. 474.203, F.S.
11 A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinica l setting to
allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited Feb. 25, 2023).
12 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor
of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
13 Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medical
Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
14 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schoo ls, institutions, foundations,
business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doc tors of
veterinary medicine, or persons under the direct supervision thereof . . . .”
15 S. 474.215(1), F.S.
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conspicuously display such document in her or his office, place of business, or place of employment in
a permanent or mobile veterinary establishment or clinic.16
Prohibitions and Penalties
The following licensure related activities are prohibited:17
Leading the public to believe that a person is licensed to practice veterinary medicine, without
holding a valid, active license.
Using the name or title “veterinarian” when the person has not been licensed.
Using the license of another veterinarian.
Giving false or forged evidence to the Board to obtain a license.
Using or attempting to use a veterinarian’s license which has been suspended or revoked.
Knowingly employing unlicensed persons in the practice of veterinary medicine.
Knowingly concealing information relative to violations of the practice act.
Obtaining a license to practice veterinary medicine by fraudulent representation.
Practicing veterinary medicine without a license.
Selling or offering to sell fake veterinary diplomas and licenses.
Knowingly operating a veterinary establishment or premises without having a premises
permit.
Violations are a third degree felony, punishable as provided in ss. 775.082, 775.083, or 775.084, F.S.18
Grounds for Disciplinary Action by the Board
The following acts are some of the grounds for which the Board may take disciplinary action:
Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which
directly relates to the practice of veterinary medicine, including animal cruelty and state or
federal drug laws.
Violating any provision of the practice act or chapter 455, F.S., related to DBPR, a rule of the
Board or department, or a lawful order of the Board or department or subpoena of the
department.
Being unable to practice safely due to illness, drunkenness, use of drugs, narcotics, chemicals,
or any other material or substance or as a result of any mental or physical condition.
Judicially determined mental incompetency.
Knowingly maintaining a professional connection or association with persons in violation.
Performing or prescribing unnecessary or unauthorized treatment.
Attempting to restrict competition.
Fraud, deceit, negligence, incompetency, or misconduct.
Permitting or allowing another to use a veterinarian’s license to treat animals.
Fraudulently issuing or using any false health certificate, vaccination certificate, test chart, or
other blank form used in the practice of veterinary medicine relating to the presence or absence
of animal disease or transporting animals or issuing any false certificate relating to the sale of
products of animal origin for human consumption.
Practicing at a location for which a valid premises permit has not been issued.
Refusing to allow department inspections during regular business hours.
Ordering, prescribing, or making available medicinal drugs or drugs 19 or controlled substances 20
for use other than for the specific treatment of animal patients for which there is a documented
veterinary client patient relationship (VCPR) and without:
o Having sufficient knowledge of the animal to initiate at least a general or preliminary
diagnosis of the medical condition of the animal, which means that the veterinarian is
16 S. 474.216, F.S.
17 S. 474.213, F.S.
18 Id.
19 S. 465.003(8), F.S.
20 S. 893.02(4), F.S.
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personally acquainted with the keeping and caring of the animal and has recently seen
the animal or has made medically appropriate and timely visits to the premises where
the animal is kept;
o Being available to provide for follow-up care and treatment in case of adverse reactions
or failure of the regimen of therapy; and
o Maintaining records which document patient visits, diagnosis, treatment, and other
relevant information required under the practice act.21
Providing, prescribing, ordering, or making available for human use medicinal drugs or drugs as
defined in chapter 465, controlled substances as defined in chapter 893, or any material,
chemical, or substance used exclusively for animal treatment.
Failing to report to the department any person the licensee knows to be in violation of the
practice act.
Violating any of the requirements of chapter 499, the Florida Drug and Cosmetic Act; 21 U.S.C.
ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the
Comprehensive Drug Abuse Prevention and Control Act of 1970, more commonly known as the
Comprehensive Drug Abuse Prevention and Control Act; or chapter 893, F.S.
Prescribing or dispensing a legend drug as defined in chapter 499, F.S., including any
controlled substance, inappropriately or in excessive or inappropriate quantities.
Practicing or offering to practice beyond the scope permitted by law.
Knowingly delegating professional responsibilities to a person who is not qualified by training,
experience, or licensure to perform them.
Presigning blank prescription forms.
Failing to give the owner of a patient, before dispensing any drug, a written prescription when
requested.
When the board finds any applicant or veterinarian guilty of the grounds, it may enter an order imposing
one or more of the following penalties:22
Denial of certification for examination or licensure.
Revocation or suspension of a license.
Administrative fine up to $5,000 for each offense.
Issuance of a reprimand.
Probation, including continuing education or work under the supervision of another veterinarian.
Restricting the authorized scope of practice.
Imposition of costs of the investigation and prosecution.
Remedial education.
Limited Service Practice
A “limited-service veterinary medical practice” means offering or providing limited types of veterinary
services for a limited time at any location that has a primary purpose other than providing veterinary
medical service at a permanent or mobile establishment. Such practice must provide veterinary medical
services for privately owned animals that do not reside at that location. 23 Such practice must obtain a
permit and must register each location where a limited service clinic is held. A licensed veterinarian
must supervise the limited practice.24
The board establishes minimum standards for the operation of limited service veterinary medical
practices.25 The board has authorized by rule such practices to perform microchipping, 26 vaccinations,
immunizations, and parasitic control.27
21 S. 474.214(1)(y)., F.S.
22 S. 474.214(2), F.S.
23 S. 474.202(6), F.S.
24 S. 474.215(7)-(8), F.S.
25 S. 474.215(7), F.S.
26 A microchip is a small, electronic chip enclosed in a glass cylinder which is injected under the skin of a pet. When a chip is scanned,
it transmits the pet’s identification number, which is used in the manufacturer’s microchip registry to find the owner. American
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Medical Records
Veterinarians are prohibited from discussing a patient’s medical condition with anyone except the client,
except for a few exceptions, such as upon the issuance of a subpoena and for research. Section
474.2165(4), F.S., prohibits veterinary patient medical records from being furnished to any person other
than the client, the client’s legal representative or other veterinarians involved in the care or treatment
of the patient, except in certain circumstances. This also applies to discussing the medical condition of
a patient, which may include information from a microchip implant. 28
Immediate Supervision
The practice act defines “immediate supervision” to mean that a “licensed doctor of veterinary medicine
is on the premises whenever veterinary services are being provided.”29
Veterinary tasks requiring immediate supervision include: 30
Administering anesthesia and tranquilization by a veterinary aide, nurse, laboratory technician,
intern, or other employee of a licensed veterinarian.
Administering certain vaccinations by a veterinary aide, nurse, technician, intern or other
employee of a licensed veterinarian which is not specifically prohibited.
The following tasks may be performed without the licensed veterinarian on the premises: 31
Administering medication and treatment, excluding vaccinations, as directed by the licensed
veterinarian; and
Obtaining samples and the performance of those diagnostic tests, including radiographs,
directed by the licensed veterinarian.
Current law provides that only a veterinarian may immunize or treat an animal for diseases that are
communicable to humans and that are of public health significance.32 The Board recognizes that the
following diseases are communicable to humans and are of public health significance, and that only a
veterinarian may immunize or treat an animal for these diseases: 33
Brucellosis.
Tuberculosis.
Rabies.
Equine Encephalomyelitis.
Sterilization of Dogs and Cats
According to the Humane Society of the United States, the average lifespan of sterilized dogs and cats
is longer than the lifespan of those not. A University of Georgia study, 34 based on the medical records
of more than 70,000 animal patients, found that the life expectancy of neutered male dogs was almost
14 percent longer and that of spayed female dogs was 26 percent longer. The average age of death of
intact dogs was eight years versus a significantly older nine years for altered dogs. 35
Veterinary Medical Association, Microchipping of Animals FAQ, https://www.avma.org/microchipping-animals-faq (last visited Dec.
19, 2019).
27 R. 61G18-15.007(1), F.A.C.
28 S. 474.2165, F.S.
29 S. 4764.202(5), F.S.
30 R. 61G18-17.005, F.A.C.
31 Id.
32 S. 474.203(5)(a), F.S.
33 R. 61G18-17.006, F.A.C.
34 Jessica Hoffman, Kate Creevy, Daniel Promislow, Reproductive Capability Is Associated with Lifespan and Cause of Death in
Companion Dogs, (Apr. 17, 2013), Plos One, https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0061082 (last visited
Feb. 25, 2023).
35 Humane Society of the United States, Why you should spay/neuter your pet, https://www.humanesociety.org/resources/why-you-
should-spayneuter-your-pet (last visited Feb. 25, 2023).
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According to the American Society for the Prevention of Cruelty to Animals (ASPCA), six million
companion animals enter U.S. animal shelters nationwide every year. Of those, approximately half are
dogs and the other half are cats. The ASPCA estimates that the number of dogs and cats entering U.S.
shelters annually has declined from approximately seven million in 2011. The biggest decline was in
dogs (from 3.9 million to 3.1 million).36
According to the American Veterinary Medical Association (AVMA), dogs and cats that are not intended
for breeding are routinely neutered via elective gonadectomy (spay or spaying for females; castration
for males; and neuter or neutering for males or for both sexes).37
Gonadectomy achieves sterilization, thereby preventing reproduction, and removes the production
source of sexual hormones that may cause undesired mating behaviors in dogs and cats. This benefits
society by reducing overpopulation through non-lethal means and mitigating behaviors that may
damage the human-animal bond and contribute to abandonment and relinquishment to shelters and
other humane organizations.38
The Legislature has declared it to be the public policy of the state that every feasible means be used to
reduce the incidence of birth of unneeded and unwanted puppies and kittens. In furtherance of this
policy, employees, agents, or contractors of animal shelters, humane organizations, or animal control
agencies operated by a humane organization or by a county, municipality, or other incorporated
political subdivision are required to either:39
Have all dogs and cats sterilized by a licensed veterinarian before relinquishing custody of the
animal; or
Enter into a written agreement with the adopter or purchaser guaranteeing that sterilization will
be performed within 30 days or prior to sexual maturity.
Employees, agents, or contractors of animal shelters, humane organizations, or animal control
agencies operated by a humane organization or by a county, municipality, or other incorporated
political subdivision, may not perform microchipping procedures on cats and dogs unless they are a
veterinarian or a veterinarian is supervising the procedure.40
Veterinarian Shortage
According to a survey conducted by the American Pet Products Association (APPA), 70 percent of U.S.
households, or about 90.5 million families, own a pet. This is an increase from 56 percent of U.S.
households in 1988, and 67 percent in 2019.41 As a result, experts say there’s a shortage of
veterinarians in the U.S., one that's expected to result in the need for around 15,000 by the year
2030.42
36 American Society for the Prevention of Cruelty to Animals, Pet Statistics, https://www.aspca.org/helping-people-pets/shelter-
intake-and-surrender/pet-statistics (last visited Feb. 25, 2023).
37 American Veterinary Medical Association, Elective spaying and neutering of pets, https://www.avma.org/resources-tools/animal-
health-and-welfare/elective-spaying-and-neutering-pets (last visited Feb. 25, 2023).
38 Id.
39 S. 823.15, F.S.
40 Ss. 474.202(5), 823.15, F.S.
41 Insurance Information Institute, Facts + Statistics: Pet Ownership and Insurance, https://www.iii.org/fact-statistic/facts-statistics-
pet-ownership-and-insurance#:~:text=Seventy%20percent%20of%20U.S.%20households,and%2067%20percent%20in%202019. (last
visited Feb. 25, 2023).
42 Spectrum News 13, Mobile ‘ElleVet’ clinic helps relieve veterinarian shortage,
https://www.mynews13.com/fl/orlando/news/2023/ 02/ 03/the-ellevet-project-
#:~:text=%E2%80%94%20Experts%20say%20there's%20a%20shortage,States%20may%20not%20get%20care . (last visited Feb. 25,
2023).
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A study from Banfield Pet Hospital reveals an estimated 75 million pets in the U.S. may not have
access to the veterinary care they need by 2030, with an important factor being a critical shortage of
veterinarians.43
According to the Association of Veterinary Technician Educators, there also appears to be a shortage
of veterinary technicians. Despite only requiring two years of schooling or less in some states, half of
them leave the profession within five years.44
For Fiscal Year 2021-2022, there were 12,360 actively licensed veterinarians in Florida.45
Effect of Proposed Changes
The bill provides that the practice act does not apply to a veterinarian who holds an active license to
practice veterinary medicine in another jurisdiction in the United States and is in good standing in such
jurisdiction and who performs dog or cat sterilization services or routine preventative health services at
the time of sterilization as an unpaid volunteer under responsible supervision of a veterinarian licensed
in this state.
The bill specifies that the supervising licensed veterinarian is responsible for all acts performed under
this provision by an out-of-state veterinarian acting under her or his responsible supervision.
The bill provides that an out-of-state veterinarian practicing pursuant to this provision is not eligible to
apply for a premises permit.
B. SECTION DIRECTORY:
Section 1: amends s. 474.203, F.S.; exempting certain out-of-state veterinarians who provide
specified services under the responsible supervision of a veterinarian licensed in this
state from certain regulations governing veterinary medical practice; providing that the
supervising licensed veterinarian is responsible for such services; specifying that such
out-of-state veterinarians are ineligible for a premises permit.
Section 2: provides an effective date of July 1, 2023.
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:
43 Banfield Pet Hospital, 75 million pets may not have access to veterinary care by 2030, New Banfield® study finds,
https://www.banfield.com/en/about-banfield/newsroom/press-releases/2020/75-million-pets-may-not-have-access-to-veterinary (last
visited Feb. 25, 2023).
44 CNN, Covid-19 pandemic magnifies workforce crisis in veterinary field, https://www.cnn.com/2021/06/20/us/vet-tech-shortage-
burnout/index.html (last visited Feb. 25, 2023).
45 Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 2021 -2022,
http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021 -22.pdf (last visited Feb. 25,
2023).
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None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may curtail the uncontrolled breeding of dogs and cats in the state and help alleviate the
associated risks to the health of humans and animals, and the expense to the community as a public
nuisance and public health hazard.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 719 2023
1 A bill to be entitled
2 An act relating to the practice of veterinary
3 medicine; amending s. 474.203, F.S.; exempting certain
4 out-of-state veterinarians who provide specified
5 services under the responsible supervision of a
6 veterinarian licensed in this state from certain
7 regulations governing veterinary medical practice;
8 providing that the supervising licensed veterinarian
9 is responsible for such services; specifying that such
10 out-of-state veterinarians are ineligible for a
11 premises permit; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (11) is added to section 474.203,
16 Florida Statutes, to read:
17 474.203 Exemptions.—This chapter does not apply to:
18 (11) A veterinarian who holds an active license to
19 practice veterinary medicine in another jurisdiction in the
20 United States and is in good standing in such jurisdiction and
21 who performs dog or cat sterilization services or routine
22 preventative health services at the time of sterilization as an
23 unpaid volunteer under the responsible supervision, as defined
24 in s. 474.202, of a veterinarian licensed in this state. The
25 supervising licensed veterinarian is responsible for all acts
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0719-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 719 2023
26 performed under this subsection by an out-of-state veterinarian
27 acting under her or his responsible supervision. An out -of-state
28 veterinarian practicing pursuant to this subsection is not
29 eligible to apply for a premises permit under s. 474.215.
30
31 For the purposes of chapters 465 and 893, persons exempt
32 pursuant to subsection (1), subsection (2), or subsection (4)
33 are deemed to be duly licensed practitioners authorized by the
34 laws of this state to prescribe drugs or medicinal supplies.
35 Section 2. This act shall take effect July 1, 2023.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0719-00
HB 761
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 761 Telephone Solicitation
SPONSOR(S): Fabricio
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee
2) Civil Justice Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Chapter 501, part IV, the Florida Telemarketing Act (FTA), regulates telemarketers and requires non-exempt
businesses engaged in telemarketing and their salespeople to be licensed by the Florida Department of
Agriculture and Consumer Services (DACS) before operating in Florida. Florida law also prohibits telephonic
sales calls that use an automated system for the selection or dialing of telephone numbers or the playing of
recorded messages (robocall) without the prior express written consent of the called party, with some
exceptions. Unsolicited telephonic sales calls and text messages from telemarketers are prohibited. Residents
who do not wish to receive such calls may have their residential, mobile, or paging device telephone number
included on Florida’s Do Not Call List.
The bill:
Revises the prohibition on telephonic sales calls that use an automated system to specifically include
unsolicited calls using an automatic telephone dialing system for the selection and dialing of
telephone numbers.
Clarifies clear and conspicuous disclosure requirements.
Defines an automatic telephone dialing system as “equipment using a random or sequential number
generator that stores or produces telephone numbers, and dials the stored or produced telephone
numbers.”
Authorizes certain acts to qualify as a signature used to provide prior express written consent.
The bill states that the changes to the statutory sections are remedial in nature and apply retroactively to July
1, 2021, and to any proceeding pending or commenced on or after July 1, 2021.
The bill does not appear to have a fiscal impact on state or local government.
The effective date of the bill is July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0761.RRS
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida Telemarketing Act
Chapter 501, part IV, the Florida Telemarketing Act (FTA), requires non-exempt businesses engaged in
telemarketing and their salespeople to be licensed by the Florida Department of Agriculture and
Consumer Services (DACS) before operating in Florida. Certain exempt entities must have a valid
affidavit of exemption on file prior to operating in Florida. There are approximately 28 exemptions,
including: soliciting for religious, charitable, political or educational purposes; research companies;
newspapers; book and video clubs; cable television; and persons or companies with whom the
consumer has a prior business relationship.1
The FTA generally requires businesses that solicit the sale of consumer goods or services to:
Be licensed;2
Post a form of security;3
License all of their salespeople;4 and
Provide DACS with a list of all telephone numbers used to make sales calls. 5
An application for licensure as a telemarketer must include several pieces of information, including the
applicant’s identifying information, prior experience in the field, criminal and administrative history
(especially relating to fraud, theft, or unfair and deceptive trade practices), phone numbers from which
the telemarketer will make sales calls, and any parent or affiliate entities under which it will transact
business, if applicable.6
Additionally, an applicant for licensure as a telemarketer must submit:
A script that will be used by its salespersons during calls, or other related literature;
The identity, address, date of birth, and alias of each of the applicant’s principal officers,
directors, trustees, shareholders, owners, partners, office managers, and salespersons who are
employed by or affiliated with the applicant; and
A $1,500 licensing fee.7
In Florida, it is unlawful for telemarketers to:8
Make calls before 8 a.m. or after 8 p.m. local time at the called person’s time zone.
Fail to provide the call recipient with their name and telephone number.
Accept novelty payments.9
Employ or be affiliated with an unlicensed salesperson.
Be employed by or affiliated with an unlicensed commercial telephone seller.
Operate without a license.
1 S. 501.604, F.S.
2 S. 501.605, F.S.
3 S. 501.611, F.S., requires a $50,000 bond, irrevocable letter of credit issued for the applicant, or a certificate of deposit in favor of
the Department for payment on findings of fraud, misrepresentation, breach of contract, or other violation by the app licant.
4 S. 501.607, F.S.
5 S. 501.605, F.S.
6 S. 501.605(2), F.S.
7 S. 501.605(5)(b), F.S.
8 S. 501.616, F.S.
9 S. 501.603(8), F.S., defines a “novelty payment” as a payment method that does not have systematic monitoring and includes
remotely created checks, remotely created payment orders, cash-to-cash money transfers (such as Western Union) and cash reload
mechanisms (such as MoneyPak or ReloadIt). Novelty payment methods are not systematically monitored, have little to no consumer
protection in the case of fraud or theft, and are used frequently in scams and other fraudulent activity.
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Florida Telemarketing Act - Violations
Violations of the FTA are punishable by a civil fine of up to $10,000 per violation, 10 the imposition of
criminal penalties, including conviction of up to a felony.11 DACS and the office of the state attorney
have investigative authority, including the power to subpoena witnesses if a violation occurs.12
Reasonable attorney fees and costs may be awarded to the prevailing party in a civil action as part of a
judgment or administrative order.13
Do Not Call
Section 501.059, F.S., governs telephone solicitations. The law includes the Florida Do Not Call Act,
also known as the "Do Not Call” list (DNC list), which prohibits unsolicited telephonic sales calls and
text messages from telemarketers.14 Residents who do not wish to receive unsolicited telephonic sales
calls may have their residential, mobile, or paging device telephone number included on the DNC list.
DACS maintains the DNC list, it is free to register, and a registered number remains on the DNC list
indefinitely.15
An “unsolicited telephonic sales call” does not include calls made, as follows:
In response to an express request of the person called;
Primarily in connection with an existing debt or contract, if payment or performance of such debt
or contract has not been completed at the time of such call;
To a person with whom the telephone solicitor has a prior or existing business relationship; or
By a newspaper publisher or his or her agent or employee in connection with his or her
business.16
Telephone solicitors 17 are prohibited from making telephonic sales calls 18 to consumers who register for
the DNC list. A “telephonic sales call” means a telephone call, text message, or voicemail transmission
to a consumer for the purpose of soliciting a sale of consumer goods or services, soliciting an extension
of credit for consumer goods or services, or obtaining information that will or may be used for the direct
solicitation of a sale of consumer goods or services or an extension of credit for such purposes. 19
In addition to those consumers who are registered for the DNC list, a telephone solicitor may not call or
text a consumer who previously communicated to the telephone solicitor that he or she does not wish
to be contacted. Businesses and charities are required to maintain a list of consumers who have made
a do-not-call registration request. It is a violation of the Florida Do Not Call Act to call a consumer who
has requested placement on the company's do-not-call list.20
When a telephone number is made available through a caller ID service during a telephonic sales call,
the solicitor must ensure that the number is capable of receiving phone calls, and that the dialing of the
10 S. 501.619, F.S.
11 S. 501.623, F.S.
12 S. 501.617, F.S.
13 S. 501.621, F.S.
14 See s. 501.059, F.S.
15 Department of Agriculture and Consumer Services, Florida Do Not Call, https://www.fdacs.gov/Consumer-Resources/Florida-Do-
Not-Call (last visited Feb. 24, 2023).
16 S. 501.059(1)(k), F.S.
17 S. 501.059(1)(i), F.S., defines “telephone solicitor” as “a natural person, firm, organization, partnership, association, or corporation,
or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call, including, but
not limited to, calls made by use of automated dialing or recorded message devices.”
18 S. 501.059(1)(j), F.S., defines “telephonic sales call” as a telephone call, text message, or voicemail transmission to a con sumer for
the purpose of soliciting a sale of any consumer goods or services, soliciting an extension of credit for consumer goods or services, or
obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an exte nsion of
credit for such purposes.
19 S. 501.059(1)(j), F.S.
20 S. 501.059(5), F.S.
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number will connect the call recipient with the telephone solicitor or the seller on behalf of which the
phone call was placed.21
Anyone who receives an unsolicited sales call can report the call to DACS using the online Do Not Call
Complaint Form.22
Do Not Call - Consent
The law governing telephone solicitations also prohibits automated telephonic sales calls without the
prior express written consent of the called party. Specifically, the law provides that:
A person may not make or knowingly allow a telephonic sales call to be made if
such call involves an automated system for the selection or dialing of telephone
numbers or the playing of a recorded message when a connection is completed
to a number called without the prior express written consent of the called party. 23
"Prior express written consent" is defined as a written agreement that:
Bears the signature of the called party;
Clearly authorizes the person making or allowing the placement of a telephonic sales call by
telephone call, text message, or voicemail transmission to deliver or cause to be delivered to the
called party a telephonic sales call using an automated system for the selection or dialing of
telephone numbers, the playing of a recorded message when a connection is completed to a
number called, or the transmission of a prerecorded voicemail; and
Includes the telephone number to which the signatory authorizes a telephonic sales call to be
delivered.24
Prior express written consent must include a clear and conspicuous disclosure informing the called
party that:
By executing the agreement, the called party authorizes the person making or allowing the
placement of a telephonic sales call to deliver or cause to be delivered a telephonic sales call to
the called party using an automated system for the selection or dialing of telephone numbers or
the playing of a recorded message when a connection is completed to a number called; and
He or she is not required to directly or indirectly sign the written agreement or to agree to enter
into such an agreement as a condition of purchasing any property, goods, or services. 25
There is a rebuttable presumption that a telephonic sales call made to any Florida area code is a call
made to a Florida resident or to a person in Florida at the time of the call. 26
Do Not Call - Violations
A telephone solicitor who violates the DNC provisions is subject to an injunction and a civil penalty27
with a maximum fine of $10,000 per violation, or an administrative fine28 of up to $1,000 per violation.
Additionally, a telephone solicitor may be subject to responsibility for the consumer’s attorney fees and
costs.29
A party who was called in violation of the Do Not Call Act may bring an action for an injunction and
actual damages or $500, whichever is greater.30
21 S. 501.059(8)(b), F.S.
22 DACS, Florida Do Not Call, https://www.fdacs.gov/Consumer-Resources/Florida-Do-Not-Call (last visited Feb. 24, 2023).
23 S. 501.059(8)(a), F.S.
24 S. 501.059(1)(g), F.S.
25 S. 501.059(1)(g)4., F.S.
26 S. 501.059(8)(d), F.S.
27 S. 501.059(9)(a), F.S.
28 S. 501.059(9)(b), F.S.
29 S. 501.059(11), F.S.
30 S. 501.059(10)(a), F.S.
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Courts that find that a defendant willfully or knowingly violated these provisions are authorized to,
increase the amount of the award to not more than three times the amount of damages. 31
Federal Telephone Consumer Protection Act (TCPA) History
In an effort to address a growing number of telephone marketing calls, Congress enacted the
Telephone Consumer Protection Act (TCPA) in 1991. The TCPA restricts the making of telemarketing
calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.
The rules apply to common carriers as well as to other marketers. In 1992, the Commission adopted
rules to implement the TCPA, including the requirement that entities making telephone solicitations
institute procedures for maintaining company-specific do-not-call lists.32
In July 2015, the Federal Communications Commission (FCC) established rules indicating that
telephone carriers can block unwanted calls at the request of consumers. 33 Currently there are a
number of call-blocking applications that provide some relief from unwanted calls and spam calls.34
On November 16, 2017, the FCC adopted new rules to allow voice service providers to proactively
block certain types of robocalls that are likely to be fraudulent because they come from certain types of
phone numbers, including those that do not or cannot make outgoing calls.35 For example, perpetrators
have used IRS phone numbers that do not dial out to impersonate the tax agency, informing the people
who answer that they are calling to collect money owed to the U.S. government. Such calls appear
legitimate to the person who receives them and may often result in fraud or identity theft. Service
providers can now block such calls, as well as calls from invalid or illegitimate numbers. 36
The FCC requires telemarketers to transmit caller identification information, including the number and
name of the caller. The telephone number provided must permit any individual to make a do-not-call
request during regular business hours. It also provides that any person or entity that engages in
telemarketing is prohibited from blocking the transmission of caller identification information. However,
tax-exempt nonprofit organizations are exempt from compliance with these rules. 37
With regard to telephone carriers, the FCC allows carriers to offer their customers external call-blocking
applications on their landlines and allows carriers to directly block certain illegal robocalls. In December
2019, Congress enacted the “TRACED Act” to aid enforcement efforts between law enforcement
agencies and the private sector on traceback issues, and required the FCC to issue rules “for the
registration of a single consortium that conducts private-led efforts to trace back the origin of suspected
unlawful robocalls.”38 In July of 2020, the FCC designated the US Telecom-led Industry Traceback
Group (ITG) as the Official Consortium for coordinating industry-led efforts to trace back the origin of
suspected unlawful robocalls.39
31 S. 501.059(10)(b ), F.S.
32 Federal Communications Commission, FCC Actions on Robocalls, Telemarketing, https://www.fcc.gov/general/telemarketing-and-
robocalls (last visited Feb. 24, 2023).
33 Declaratory Ruling and Order, In the Matter of Rules and Regulations Implementing the Telecommunications Consumer Protection
Act of 1991, 30 FCC Rcd. 7961 (July 10, 2015).
34 CTIA, The Wireless Association, How to Stop Robocalls, https://www.ctia.org/consumer-tips/robocalls (last visited Feb. 24, 2023).
35 32 FCC Rcd 9706 (11).
36 Federal Communications Commission, Stop Unwanted Calls and Texts, https://www.fcc.gov/consumers/guides/stop-unwanted-
calls-and-texts (last visited Feb. 24, 2023).
37 47 C.F.R. s. 64.1601.
38 Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, Pub. L. No. 116 -105, 133 Stat. 3274 (2019).
39
USTelecom The Broadband Association, FCC Names USTelecom’s Industry Traceback Group as Official Robocall Traceback
Consortium, https://www.ustelecom.org/fcc-names-ustelecoms-industry-traceback-group-as-official-robocall-traceback-consortium/
(last visited Feb. 24, 2023).
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According to the ITG’s first annual report, over 100 companies participated in over 1,000 ITG traceback
investigations in 2019, identifying more than 10 million illegal robocalls and resulting in more than 20
subpoenas and/or civil investigative demands from federal and state enforcement agencies. 40
The ITG reported in a letter to the FCC on November 13, 2020, that about 100 providers had failed to
cooperate with the ITG, including approximately 30 based in the United States. 41 The ITG encouraged
the FCC to bring aggressive enforcement against robocallers and voice service providers that routinely
refuse to participate in the traceback process.42
In its Fourth Report and Order on Advanced Methods to Target and Eliminate Unlawful Robocalls
released on December 30, 2020, the FCC required “all voice service providers to respond to traceback
requests from the FCC, civil and criminal law enforcement and the Consortium.” 43
The TRACED Act requires the FCC to issue an annual public notice seeking applicants to serve as the
registered consortium.44 On August 22, 2022, the FCC selected the Traceback Group to continue as
the registered consortium.45
On September 12, 2022, the FCC announced the signing of an updated Memorandum of
Understanding (MOU) with the Body of European Regulators for Electronic Communications (BEREC)
that expands their current partnership, with a new focus on combatting unwanted robocalls and the
promotion of 5G, 6G and beyond. One of the major topics of mutual interest includes robocall and other
automated calls’ mitigation and prevention.46
National Do Not Call Registry
Although individual states were first to address consumers’ requests to stop unwanted telemarketing
calls,47 the federal government soon followed with a National Do Not Call Registry in 2003. 48 In July
2003, the federal government issued a report and order establishing the National Do Not Call registry.
The national registry covers all telemarketers (with the exception of certain nonprofit organizations),
and applies to both interstate and intrastate calls. The registry is administered by the FTC. To reduce
the number of hang-up and dead air calls consumers experience, the Commission’s telemarketing rules
also contain restrictions on the use of autodialers and requirements for transmitting caller ID
information.
As the National Do Not Call Registry has gained popularity, some states have decided to forgo the
expense of maintaining their own lists. Currently, only 12 states maintain their own Do Not Call lists:
Colorado, Florida, Indiana, Louisiana, Massachusetts, Mississippi, Missouri, Oklahoma, Pennsylvania,
Tennessee, Texas and Wyoming.49
Constitutionality of Do Not Call Registries
40 InsideArm, The Latest Developments in the World of Call Delivery, https://www.insidearm.com/news/00047073-latest-
developments-world-call-delivery/ (last visited Feb. 7, 2022).
41 USTelecom, Enforcement Bureau Requests Information on the Status of Private-Led
Traceback Efforts of Suspected Unlawful Robocalls, EB Docket No. 20-195, Nov. 13, 2020,
https://docs.fcc.gov/public/attachments/DOC-368957A2.pdf (last visited Feb. 24, 2023).
42 InsideArm, The Latest Developments in the World of Call Delivery, https://www.insidearm.com/news/00047073-latest-
developments-world-call-delivery/ (last visited Feb. 7, 2022).
43 Federal Communications Commission, Report and Order (Aug. 22, 2022) https://tcpaworld.com/wp-
content/uploads/2022/08/RENEWAL-OF-UST-TRA CEBA CK-GROUP.pdf (last visited Feb. 24, 2023).
44 TRACED Act, s. 13(d)(2).
45 Federal Communications Commission, Report and Order DA 21-1047 (Aug. 25, 2021) https://www.fcc.gov/document/fcc-retains-
industry-traceback-group-robocall-consortium (last visited Feb. 7, 2022).
46 Federal Communications Commission, Press Release, FCC RENEWS AND EXPANDS PARTNERSHIP WITH EUROPEAN
COUNTERPARTS, Sep. 12, 2022).
47 At least 28 states, starting with Florida in 1987, have implemented Do Not Call registries.
48 Federal Trade Commission, National Do Not Call Registry, https://www.donotcall.gov/ (last visited Feb. 24, 2023).
49 Contact Compliance Center Corporation, State Do Not Call Lists, https://www.dnc.com/faq/state-do-not-call-lists?page=1 (last
visited Feb. 7, 2022).
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Do Not Call registries have been subject to numerous state and federal lawsuits challenging their
constitutionality. Such lawsuits have been unsuccessful, and the National Registry has been upheld as
constitutional. The courts have found the Do Not Call Registry is a reasonable restriction on
commercial speech and that the FTC is authorized to promulgate rules for the registry. The Tenth
Circuit Court of Appeals stated, “the do-not-call registry prohibits only telemarketing calls aimed at
consumers who have affirmatively indicated that they do not want to receive such calls and for whom
such calls would constitute and invasion of privacy.” Thus, the government has a role in restricting the
ability of a telemarketer to reach a household via telephone, and because the government has left the
ultimate decision of whether or not to be placed on the registry up to the individual, the government has
not restricted the First Amendment rights of the solicitor.50
Claims of preemption have also been unsuccessful. The TCPA’s non-preemption clause,51 often
referred to as the savings clause, has been relied upon by courts to uphold states’ Do Not Call
Registries. The clause states that “[n]othing in this section or in the regulations prescribed under this
section shall preempt any State law that imposes more restrictive intrastate requirements or regulation.”
The clause indicates specific types of actions that a state may prohibit or place more restrictive
regulations on, such as sending unsolicited advertisements via fax, using of automatic dialing systems
and prerecorded messages, and making telephone solicitations. 52
The TPCA is silent on a state’s ability to place regulations that are more stringent than the TCPA
requirements for interstate calls.53 However, at least one federal court of appeals has held that state
regulations and prohibitions of telemarketing that cross state boundaries are valid. 54
Caller ID and “Spoofing”
“Spoofing” is the practice of altering or manipulating the caller ID information that is received in
conjunction with an incoming telephone call. In the past, caller ID services were not common and
spoofing required special equipment or a relatively high degree of technical sophistication. However,
advances in technology, such as the proliferation of cellular phones, cell phone applications, and the
widespread availability of Voice over Internet Protocol (VoIP) allows anyone to inexpensively spoof his
or her caller ID using the services of a third-party spoofing provider.55 For example, one such spoofing
provider allows a consumer to download an app on his or her smartphone, purchase credits towards
call time, and simply input the number that he or she wants displayed on the receiving end in order to
place an untraceable, spoofed call.56
In response to the growing practice of spoofing, Congress amended the TCPA to add the Truth in
Caller ID Act of 2009. Under the Act and FCC rules, a person or entity is prohibited from transmitting
false or misleading caller ID information “with the intent to defraud, cause harm, or wrongly obtain
anything of value,” with a penalty of up to $10,000 for each violation.57 However, spoofing is not illegal
when no harm is intended or caused, or if the caller has legitimate reasons to hide his or her
information. Examples may include law enforcement agencies working on a case, a victim of domestic
abuse, or a doctor who wishes to discuss private medical matters with a patient. 58
50 Mainstream Marketing Services Inc v. Federal Trade Commission, 358 F.3d 1228 (10th Cir. 2004).
51 47 U.S.C. s. 227(f)(1).
52 National Association of Attorneys General, Do Not Call: The History of Do Not Call and How Telemarketing Has Evolved ,
NAGTRI Journal, Vol. 1 No. 4.
53 47 U.S.C. s. 227 (f)(1).
54 See Patriotic Veterans, Inc. v. Indiana, 736 F.3d 1041 at 1044-45 (7th Cir. 2013) and Patriotic Veterans, Inc. v. State of Indiana,
No. 16-2059 (7th Cir. 2017)( “Preventing automated messages to persons who don’t want their peace and quiet disturbed is a valid
time, place, and manner restriction.”).
55 See FCC 11-100, Rules and Regulations Implementing the Truth in Caller ID Act of 2009 , WC Docket No. 11-39, (June 22, 2011),
at 9116, https://apps.fcc.gov/edocs_public/attachmatch/FCC-11-100A1_Rcd.pdf (last visited Feb. 24, 2023).
56 Business Insider, It’s Surprisingly Easy for a Hacker to Call Anyone From Your Personal Phone Number (March 1, 2016),
http://www.businessinsider.com/phone-number-spoofing-2016-2 (last visited Feb. 24, 2023).
57 47 U.S.C. s. 227(e).
58 FCC, Caller ID Spoofing, https://www.fcc.gov/consumers/guides/spoofing-and-caller-id (last visited Feb. 24, 2023).
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In 2008, Florida passed its own anti-spoofing legislation, The Florida Caller ID Anti-Spoofing Act
(2008).59 The Act prohibits any person from:
Making a call with knowledge that false information was entered into a telephone caller ID
system with the intent to deceive, defraud, or mislead the call’s recipient; and
Entering false information into a telephone caller ID system “with the intent to deceive,
defraud, or mislead” the call’s recipient.
However, a U.S. District Court in Miami found that Florida’s Caller ID Anti-Spoofing Act (2008) violated
the Commerce Clause of the United State Constitution because it had the effect of controlling spoofing
practices that took place entirely outside the state.60 Similarly, in 2011, a federal court in Mississippi
struck down Mississippi’s anti-spoofing law, which was substantially similar to Florida’s. 61
Spam Robocalls
US consumers received over 50.3 billion robocalls in 2022, only slightly less than the 50.5 billion total
robocalls received in 2021 despite widespread enforcement efforts by government regulators and state
officials.62
Scammers often use caller ID spoofing to mask their true location and make it appear the call is from a
legitimate or local number to raise the odds of getting an answer. What follows is a robotic voice on the
other end claiming to represent a utility, a name-brand company, or a government agency (such as the
Social Security Administration or the Internal Revenue Service). It might offer a free cruise, inexpensive
health insurance, or a low-interest loan. Answering or engaging with the call may lead to a live
scammer, who realizes he or she has found a “live” number, and thus may call repeatedly.63
Many robocalls are legal. The FCC allows such robocalls for informational or noncommercial purposes,
such as polling, political campaigning and outreach by nonprofit groups.
Advances in technology have magnified fundamental flaws in the American phone system, enabling
unrelenting robocalls from untraceable origins. As a result, it is incredibly profitable to use spam calls to
drive business regardless of whether the caller is perpetuating a scam or is a legitimate business using
telemarketing to increase sales.64
Consent and Revocation
The TCPA prohibits a telemarketer from using an automatic telephone dialing system (ATDS) to place
a call or send a text message to a cell phone without the recipient’s “prior express consent.”65 The
type of consent depends on the nature of the call or text. Consent generally can be revoked by any
reasonable method. However, some courts recently have considered whether revocation may be
restricted in circumstances where the consent is included on a bilateral agreement.66
59 S. 817.487, F.S. (2008).
60 TelTech Systems, Inc. v. McCollum, No. 08-61664-CIV-MARTINEZ-BROWN (S.D. Fla. Filed Oct. 16, 2008).
61 TelTech Systems, Inc. v. Barbour, 866 F. Supp. 2d 571 (S.D. Miss. 2011), aff’d sub nom Teltech Systems, Inc. v. Bryant, 702 F.2d
232 (5th Cir. 2012).
62 PR Newswire, Robocalls Top 50.3 Billion in 2022, Matching 2021 Call Volumes Despite Enforcement Efforts,
https://www.prnewswire.com/news -releases/robocalls-top-50-3-billion-in-2022--matching-2021-call-volu mes-despite-enforcement-
efforts-301714297.html#:~:text=IRVINE%2C%20Calif.%2C%20Jan.,government%20regulators%20and%20state%20officials (last
visited Feb. 24, 2023).
63 AARP, Robocalls, https://www.aarp.org/money/scams -fraud/info-2019/robocalls.html?CMP=KNC-DSO-Adobe-Google-FRD-
Ongoing-Robocalls-NonBrand-Exact-
Robocalls&gclid=EAIaIQobChMIlv mq_4Sr7wIVFYv ICh 2RAwjqEAA YA iAAEgJD4v D_BwE&gclsrc=aw.ds (last visited Feb. 7,
2022).
64 AARP, supra note 63.
65 47 U.S.C. s. 227(b)(1)(A)(iii).
66 The National Law Review, Consent and Revocation Under the TCPA, https://www.natlawreview.com/print/article/consent-and-
revocation-under-tcpa (last visited Feb. 24, 2023).
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There are two types of prior consent provided for under the TCPA:
Prior express consent is required to place autodialed, non-solicitation calls or texts to a cell
phone.
Prior express written consent is a heightened form of consent, must be evidenced by a written
agreement signed by the call recipient, and is required to place autodialed telemarketing or
advertising calls or texts to a cell phone. The written agreement must include a clear and
conspicuous disclosure informing the consumer signing that:
o By signing the agreement, the consumer is authorizing autodialed telemarketing or
advertising calls or texts; and
o The consumer is not required to sign the agreement as a condition of purchasing any
property, goods, or services.67
Prior express consent can be written or verbal. Voluntarily providing one’s cellular number also
constitutes prior express consent where:
The individual gives “prior express consent” to be called or texted at the number provided;
The individual has provided his or her number to the party calling or texting; and
There is some relation between the communications and the reason for which an individual
provided his or her number.68
Prior express written consent is required for calls or texts to cell phones that introduce an
advertisement,69 or constitute “telemarketing”70 and are sent using an ATDS. The TCPA’s advertising
prong merely requires introducing, at the most basic level, the commercial availability of a service. In
similar fashion, telemarketing occurs when the context of a text or call indicates that it was initiated and
transmitted to a person for promoting property, goods, or services. Neither the TCPA nor its
implementing regulations requires an explicit mention of a good, product, or service where the
implication of an improper purpose is clear from the context. 71
Revocation of consent is controlled by the consenting party, and may be communicated orally or in
writing by any reasonable means. However, where consent is contractually provided, as is the case in
credit agreements, the parties can bargain to require mutuality or particular revocation methods.
Recently, a number of courts have addressed whether a consumer may unilaterally revoke consent
when it is a term in a bargained-for contract.72
In 2017, the federal Second Circuit Court of Appeal held that a consumer may not unilaterally revoke
consent in a bargained-for, bilateral contract.73 The court based its decision on “black-letter” contract
law, referring to a fundamental aspect of contractual relationships that one party may not alter or
revoke a term of a bilateral agreement without the other party’s consent. The court found that a
consumer, having consented to be contacted via an auto-dialer, could not unilaterally revoke consent
without the caller’s permission. Notably, the court distinguished case law from the Third and Eleventh
Circuit Courts of Appeal, where consumers retained their ability to revoke consent because it was given
in credit applications, rather than as part of a bilateral contract.74
In 2018, a United States District Court in Florida also held that consent provided by contract cannot be
unilaterally revoked.75 The court noted that no provision in the TCPA indicates that contractually-
granted consent can be unilaterally revoked where it would contradict black-letter contract law. The
67 Id.
68 Federal Communications Commission, Rules & Regulations Implementing the TCP Act of 1991 et al., 30 FCC Rcd at 7991–92.
69 47 C.F.R. s. 64.1200(f)(1), defines an “advertisement” as “any material advertising the commercial availability or quality of any
property, goods, or services,” and “telemarketing” is defined as “the initiation of a telephone call or message for the purpo se of
encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.”
70 47 C.F.R. s. 64.1200(f)(12).
71 The National Law Review, supra note 66.
72 Id.
73 Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51, 53 (2d Cir. 2017).
74 The National Law Review, supra note 67.
75 Medley v. Dish Network, LLC, Case No. 8:16-cv-2534-T-36TBM, 2018 WL 4092120, at *10 (M.D. Fla. Aug. 27, 2018).
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court held that a consumer who has consented to auto-dialed communication in a contract for services
cannot later revoke such consent.76
However, other courts have disagreed, rejecting the argument that consent is irrevocable. In 2018, a
United States District Court in Tennessee adopted the general rule that consumer consent may be
revoked at any time by “any reasonable means.” 77 The court held that consumers retain the ability to
revoke their prior consent despite having a bilateral agreement with the caller. Other courts have also
allowed for revocation of consent by any means in the absence of a contractual restriction on the
means by which a consumer may revoke consent. 78
In December 2020, the U.S. Supreme Court heard oral arguments in a landmark case regarding
whether consumers can sue a company for using an ATDS to text or call the consumers at a phone
number saved in the company’s system. At issue was the meaning of the TCPA’s prohibition on using
an ATDS to transmit communications to cell phones. The question before the Supreme Court was
“whether the definition of ATDS in the TCPA encompasses any device that can ‘store’ and
‘automatically dial’ telephone numbers, even if the device does not use a random or sequential number
generator.”79
On April 1, 2021, the Court ruled that to qualify as an ATDS under the TCPA, a device must have the
capacity to either store a telephone number using a random or sequential number generator or produce
a telephone number using a random or sequential number generator. The Court concluded that merely
having the capacity to store numbers and dial them automatically is not enough to make a device
qualify as an ATDS.80
Specifically, related to consent, the TCPA rules require telemarketers to:
Obtain prior express written consent from consumers before robocalling them;
No longer be able to use an "established business relationship" to bypass the consent
requirement; and
Require an automated, interactive "opt-out" mechanism to be used during each robocall so
consumers can immediately tell the telemarketer to stop calling. 81
The TCPA includes a private right of action.82 A caller who places a call to a cell phone without consent
using an ATDS is subject to $500 in damages per call. The damages amount is $1,500 per call if the
court finds that the defendant willfully or knowingly committed the violation. 83
Specifically, related to consent, the Florida telephone solicitation law: 84
Prohibits robocalls without the prior express written consent of the called party.
When the called party has given such consent, only allows robocalls in certain circumstances
through the use of an “automated system for the selection or dialing of telephone numbers or
the playing of a recorded message” when a connection is completed to a number called.
Effect of Proposed Changes
The bill clarifies the definition of automatic telephone dialing system. The bill prohibits unsolicited
telephonic sales calls using an automatic telephone dialing system for the selection and dialing of
telephone numbers or the playing of a recorded message when a connection is completed to a number
called without the prior express written consent of the called party.
76 The National Law Review, supra note 67.
77 Ammons v. Ally Fin., Inc., Case No. 3:17-cv-00505, 2018 WL 3134619, at *15 (M.D. Tenn. June 27, 2018).
78 Few v. Receivables Performance Mgmt., Case No. 1:17-CV-2038-KOB, 2018 WL 5923765 at *1 (N.D. Ala. Nov. 13, 2018).
79 Facebook, Inc., Petitioner vs. Noah Duguid, et al., U.S., No. 19-511.
80 Id.
81 FCC, supra note 32.
82 47 U.S.C. s. 227(b)(3).
83 Id. at s. 227(b)(3)(B)-(C).
84 S. 501.059(8), F.S.
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The bill also clarifies notice requirements prior to obtaining consent for telephone calls, text messages,
or the transmission of prerecorded voicemails.
The bill revises the definition of “prior express written consent” to:
Replace references to “automated system” with “automatic telephone dialing system."
Replace references to “signatory” with “called party.”
The bill revises what qualifies as a “signature” in a written agreement where a called party provides
prior express written consent to include “an act” that demonstrates express consent under applicable
federal law or state contract law.
B. SECTION DIRECTORY:
Section 1: amends s. 501.059, F.S.; providing and revising definitions; prohibiting certain telephonic
sales calls; providing retroactive applicability.
Section 2: provides the amendments made by the act are remedial in nature and apply retroactively
to July 1, 2021, and to any proceeding pending or commenced on or after July 1, 2021.
Section 3: provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate negative fiscal impact on legitimate telemarketers to the extent they
do not currently engage in business practices consistent with the requirements in the bill.
The bill may protect consumers from unwanted and fraudulent telephone solicitations.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
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DATE: 3/7/2023
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 761 2023
1 A bill to be entitled
2 An act relating to telephone solicitation; amending s.
3 501.059, F.S.; providing and revising definitions;
4 prohibiting certain telephonic sales calls; providing
5 retroactive applicability; providing an effective
6 date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraphs (a) through (l) of subsection (1) of
11 section 501.059, Florida Statutes, are redesignated as
12 paragraphs (b) through (m), respectively, a new paragraph (a) is
13 added to that subsection, present paragraphs (g) and (h) of that
14 subsection are amended, and paragraph (a) of subsection (8) of
15 that section is amended to read:
16 501.059 Telephone solicitation.—
17 (1) As used in this section, the term:
18 (a) "Automatic telephone dialing system" means equipment
19 using a random or sequential number generator that:
20 1. Stores or produces telephone numbers; and
21 2. Dials the stored or produced telephone numbers.
22 (h)(g) "Prior express written consent" means a written
23 agreement that:
24 1. Bears the signature of the called party;
25 2. Clearly authorizes the person making or allowing the
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26 placement of a telephonic sales call by telephone call, text
27 message, or voicemail transmission to deliver or cause to be
28 delivered to the called party a telephonic sales call using an
29 automatic telephone dialing automated system for the selection
30 and or dialing of telephone numbers, the playing of a recorded
31 message when a connection is completed to a number called, or
32 the transmission of a prerecorded voicemail;
33 3. Includes the telephone number to which the called party
34 signatory authorizes a telephonic sales call to be delivered;
35 and
36 4. Includes a clear and conspicuous disclosure informing
37 the called party that:
38 a. By executing the agreement, the called party authorizes
39 the person making or allowing the placement of a telephonic
40 sales call to be made by telephone call, text message, or
41 voicemail transmission to deliver or cause to be delivered a
42 telephonic sales call to the called party a telephonic sales
43 call using an automatic telephone dialing automated system for
44 the selection and or dialing of telephone numbers, if
45 applicable, or the playing of a recorded message when a
46 connection is completed to a number called, or the transmission
47 of a prerecorded voicemail; and
48 b. He or she is not required to directly or indirectly
49 sign the written agreement or to agree to enter into such an
50 agreement as a condition of purchasing any property, goods, o r
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51 services.
52 (i)(h) "Signature" includes an act or electronic or
53 digital signature, to the extent that the act demonstrates
54 express consent or the such form of signature is recognized as a
55 valid signature under applicable federal law or state contract
56 law.
57 (8)(a) A person may not make or knowingly allow to be made
58 an unsolicited a telephonic sales call using to be made if such
59 call involves an automatic telephone dialing automated system
60 for the selection and or dialing of telephone numbers or the
61 playing of a recorded message when a connection is completed to
62 a number called without the prior express written consent of the
63 called party.
64 Section 2. The amendments made by this act are remedial in
65 nature and apply retroactively to July 1, 2021, and to any
66 proceeding pending or commenced on or after July 1, 2021.
67 Section 3. This act shall take effect July 1, 2023.
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hb0761-00
HB 789
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 789 Pub. Rec./Employment Accommodations for Family or Household Members of
Homicide Victims
SPONSOR(S): Michael
TIED BILLS: HB 233 IDEN./SIM. BILLS: SB 492
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Mortellaro Anstead
Subcommittee
2) Ethics, Elections & Open Government
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
In the immediate aftermath of a homicide a family member may need to attend funerals, ceremonies, court
proceedings, and deal with safety concerns. Currently, the Florida law does not have employment leave laws
that cover such activities for family and household members of homicide victims.
HB 233, to which this bill is linked, requires certain employers with over 50 employees to grant 3 days of
unpaid leave in any 12-month period to employees who have been employed for over 3 months, if a member of
their family or household was a victim of homicide. The leave must be used to:
Make funeral or burial arrangements or attend a funeral or memorial service for a family or
household member who is a homicide victim;
Secure his or her home from the perpetrator, or his or her associates, of the homicide or seek new
housing;
Attend meetings in person with a representative from a law enforcement agency or the state
attorney’s office responsible for investigating or prosecuting the homicide; or
Attend or prepare for court or court-related proceedings arising from the homicide.
This bill, which is linked to the passage of HB 233, provides a public record exemption for information
pertaining to family or household members of homicide victims if they are employees of an agency. The
information that falls under this exemption is as follows:
Personal identifying information of an employee contained in the records documenting a homicide
that the employee provides the employer; and
An employee’s written request for leave under the section and the time sheet that reflects the
requested leave for at least 1 year after taking the leave.
This public record exemption is subject to the Open Government Sunset Review Act in accordance with s.
119.15 and will be repealed on October 2nd of the fifth year after enactment, unless reviewed and saved from
repealing.
The bill takes effect on the same date that HB 233 is adopted and becomes law.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0789.RRS
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Public Record Exemptions
Article I, s. 24(a) of the Florida Constitution establishes the state’s public policy for accessing
government records. This section guarantees that every person has the right to inspect or copy any
public record from the legislative, executive, and judicial branches of government. Authority to grant
exemptions from public records is vested solely to the Legislature. The Legislature, may provide an
exemption of records, from the requirements of art. I, s. 24(a) of the Florida Constitution. 1 A proposed
exemption must pass by a two-thirds vote of each chamber, state with specificity the public necessity to
justify the exemption,2 and be no broader than necessary to accomplish the public purpose. 3
Public policy regarding access to government records is addressed further in s. 119.07(1), F.S., which
guarantees every person a right to inspect and copy any state, county, or municipal record, unless the
record is exempt. Public exemptions are subject to the Open Government Sunset Review Act (Act) 4
which provides that a public record or public meeting exemption may be created 5 or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than necessary to meet one of
the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.6
The Act requires the Legislature to review each public record exemption and each public meeting
exemption five years after enactment. If the Legislature does not reenact an exemption, it will
automatically repeal on October 2nd of the fifth year after enactment.
HB 233
HB 233, to which this bill is linked, requires certain employers with over 50 employees to grant 3 days
of unpaid leave in any 12-month period to employees who have been employed for over 3 months if a
member of their family or household was a victim of homicide. The leave must be used to:
Make funeral or burial arrangements or attend a funeral or memorial service for a family or
household member who is a homicide victim;
Secure his or her home from the perpetrator, or his or her associates, of the homicide, or seek
new housing to escape;
Attend meetings in person with a representative from a law enforcement agency or the state
attorney’s office responsible for investigating or prosecuting the homicide; or
Attend or prepare for court or court-related proceedings arising from the homicide.
1 Article I, s. 24(c), FLA. CONST.
2 This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3 Article I, s. 24(c), FLA. CONST.
4 S. 119.15, F.S.
5 An example of an exception to a public record exemption would be allowing another agency access to confidential and exempt
records.
6 S. 119.15(6)(b), F.S.
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HB 233 defines “family or household member” as spouses, former spouses, persons related by blood
or marriage, persons residing together or have resided together in the past, or parents of a child in
common. With the exception of people who have a child in common, the family or household members
must have resided together in the past or were currently residing in the same dwelling unit prior to the
homicide.7
Before using this type of leave, all other leaves must be exhausted, and proper notice must be given
unless in imminent danger. All information given to a private employer is to remain confidential, and
public employers are under current public exemption laws.
Effect of Proposed Bill
The bill provides a public record exemption for information pertaining to family or household members
of homicide victims who are employees of a Florida agency8 for the following information:
Personal identifying information of an employee contained in the records documenting a
homicide that the employee provides the employer; and
An employee’s written request for leave under the section and the time sheet that reflects the
requested leave for at least 1 year after taking the leave.
The bill provides a public necessity statement as required by article I, section 24(c) of the Florida
Constitution. The public necessity statement provides that it is a public necessity that the personal
identifying information, timesheet, and written request for leave held by employers for employees who
are requesting leave after a family or household member is the victim of a homicide be confidential and
exempt9 from public records requirements. Such employees are at a heightened risk of physical and
emotional harm from perpetrators of the homicide and the harm that may result from the release of the
employee's personal identifying information, timesheet, and written request for leave outweighs any
public benefit that may be derived from the disclosure of such information.
As with all public exemptions, this exemption is subject to the Act in accordance with s. 119.15 and will
be repealed on October 2nd of the fifth year unless reviewed and saved from repeal.
The bill takes effect on the same date that HB 233 is adopted and becomes law.
B. SECTION DIRECTORY:
Section 1: Creates a public records exemption for information of certain agency employees.
Section 2: Provides a public necessity statement.
Section 3: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
7 S. 741.28, F.S.
8 S. 741.313(7)(a),(b), F.S.
9 There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstan ces.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla.
(1985).
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DATE: 3/7/2023
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. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties and municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties and
municipalities.
3. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption; thus, it includes a public necessity statement.
Breadth of Exemption
Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public
record or public meeting exemption to be no broader than necessary to accomplish the stated
purpose of the law. The bill creates a public records exemption for sensitive investigative materials
and personal information, which does not appear to be broader than necessary to accomplish its
purpose.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
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DATE: 3/7/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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DATE: 3/7/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 789 2023
1 A bill to be entitled
2 An act relating to public records; amending s.
3 448.046, F.S.; providing an exemption from public
4 records requirements for certain information relating
5 to certain leave requested by an employee who has a
6 family or household member who is a homicide victim;
7 providing for future legislative review and repeal;
8 providing a statement of public necessity; providing a
9 contingent effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (8) is added to section 448.046,
14 Florida Statutes, as created by HB 233, 2023 Regular Session, to
15 read:
16 448.046 Employment accommodations for family or household
17 members of homicide victims.—
18 (8)(a) The following information held by an employer that
19 qualifies as an agency, as defined in s. 119.011, is
20 confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I
21 of the State Constitution:
22 1. Any personal identifying information of an employee
23 that is contained in the records documenting a homicide which
24 the employee provides to the employer.
25 2. An employee's written request for leave under this
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26 section and the employee's time sheet if it reflects the
27 requested leave, for at least 1 year after the leave is taken.
28 (b) This subsection is subject to the Open Government
29 Sunset Review Act in accordance with s. 119.15 and shall stand
30 repealed on October 2, 2028, unless reviewed and saved from
31 repeal through reenactment by the Legislature.
32 Section 2. The Legislature finds that it is a public
33 necessity that the personal identifying information, timesheet,
34 and written request for leave by held by employers for employees
35 who are requesting leave after a family or household member is
36 the victim of a homicide be exempt from public records
37 requirements. Such employees are at a heightened risk of
38 physical and emotional harm from perpetrators of the homicide
39 and the harm that may result from the release of the employee's
40 personal identifying information, timesheet, and written request
41 for leave outweighs any public benefit that may be derived from
42 the disclosure of such information.
43 Section 3. This act shall take effect on the same date
44 that HB 233 or other similar legislation takes effect, if such
45 legislation is adopted in the same legislative session or an
46 extension thereof and becomes law.
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HB 807
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 807 License or Permit to Operate Vehicle for Hire
SPONSOR(S): Borrero
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Motor vehicles used for transporting persons or goods for compensation are called “vehicles for-hire” or
“transportation for-hire.” The transport of goods and other personal property in a motor vehicle by a corporation
or association for its stockholders, shareholders, and members, cooperative or otherwise, is also considered
transportation “for hire.”
Some counties and municipalities require persons to obtain a permit or license to operate a vehicle for-hire
within its jurisdiction. Counties are authorized by general law to license and regulate taxis, jitneys, limousines,
rental cars, and other passenger vehicles for-hire that operate in the unincorporated areas of the county. Some
municipalities currently license and regulate vehicles for-hire under their broad general powers because they
are not currently prohibited from doing so in general law. Similarly, county airports and airport authorities are
not restricted from licensing and regulating vehicles for-hire.
The bill:
Prohibits a county or municipality from requiring a person to obtain an additional license from such
county or municipality when that person holds a valid, active license or permit to operate a vehicle for-
hire in any other county or municipality if the person:
o Holds a valid, active license or permit to operate a vehicle for-hire in the county or municipality
in which the person permanently resides.
o Has not had a license or permit to operate a vehicle for hire suspended or revoked within the
preceding 5 years.
Prohibits an airport from requiring a person to obtain an additional license from such airport when a
person holds a valid, active license or permit issued by another airport to operate a vehicle for-hire.
Defines airport in this section as a commercial service airport.
The bill provides an effective date of July 1, 2023.
The bill may have an insignificant fiscal impact on local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
License or Permit to Operate a Vehicle for-Hire- Current Situation
Background
With certain exceptions 1, offering for lease or rent any motor vehicle or offering passengers
transportation in exchange for compensation in the State of Florida qualifies the vehicle as a “for-hire
vehicle.” A “for-hire vehicle” is a motor vehicle used for transporting persons or goods for
compensation. When goods or passengers are transported for compensation in a motor vehicle outside
a municipal corporation of this state, or when goods are transported for compensation in a motor
vehicle not owned by the person owning the goods, such transportation is considered “for hire.” In
addition, the carriage of goods and other personal property in a motor vehicle by a corporation or
association for its stockholders, shareholders, and members, cooperative or otherwise, is transportation
“for hire.”2
Florida law establishes specific financial responsibility requirements applicable to for-hire vehicles. For-
hire vehicles, such as taxis and limousines, must maintain a motor vehicle liability policy with minimum
limits of $125,000 per person for bodily injury, $250,000 per incident for bodily injury, and $50,000 for
property damage.3 The owner or operator of a for-hire vehicle may also prove financial responsibility by
providing satisfactory evidence of holding a motor vehicle liability policy issued by an insurance carrier,
which is a member of the Florida Insurance Guaranty Association, or by providing a certificate of self-
insurance.4
Vehicles for-hire are not the same as transportation network companies or TNC’s, like Uber or Lyft. The
regulation and licensing of TNC’s are expressly preempted to the state and are regulated by the
Department of Financial Services.
The State imposes an annual license taxes on certain types of motor vehicles for-hire upon registration
or renewal, including locally operated motor vehicles for-hire. These taxes range from: $17 flat plus
$1.50 per cwt to $3.50 flat plus $1.50 per cwt.5 However, the state does not require special licenses for
drivers for vehicles for-hire.
Counties
Counties are specifically authorized by general law to license and regulate taxis, jitneys, limousines,
rental cars, and other passenger vehicles for-hire that operate in the unincorporated areas of the
county.6 The county may impose licensing fees in order to license these vehicles for-hire.
Municipalities
Municipalities have broad home rule powers authorizing them to enact legislation concerning any
subject matter upon which the Legislature may act, except:
The subjects of annexation, merger, and exercise of extraterritorial power, which require general
or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
Any subject expressly prohibited by the constitution;
1 S. 320.01(15)(b), F.S.
2 S. 320.01(15)(a), F.S.
3 S. 324.032(1), F.S.
4 S. 324.031, F.S.
5 S 320.08(6) and (14), F.S.
6 S. 125.01(1)(n), F.S.; an incorporated area of the county means that the area is not located within the boundaries of an inco rporated
municipality.
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Any subject expressly preempted to state or county government by the constitution or by
general law; or
Any subject preempted to a county pursuant to a county charter adopted under the authority of
ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.7
A municipality is allowed to impose reasonable regulatory fees, proportionate with the cost of the
regulatory activity.8
Currently, counties and municipalities differ on whether they require vehicles for-hire to be licensed and
regulated. Some counties require licensure and some do not. Some cities require licensure for vehicles
for-hire within the city and also at the airport, while others only require the license for the city but not the
airport and vis-a-versa. Here are some examples of local requirements:9
Miami-Dade County’s Passenger Transportation Regulatory Division regulates for-hire
chauffeurs and vehicles such as taxicabs, limousines, passenger motor carriers, including
jitneys and tour vans. The county charges $70 for an initial inspection fee, quarterly, semi-
annual and annual inspection fees of $38, depending on the type of service; $35 for re-
inspection; and $20 for a replacement decal. The For-Hire application fees are non-refundable,
and are separate from the annual license fee, inspection fees and Local Business Tax
Receipt.10
Hillsborough County requires any person engaged in the business of operating vehicles for-hire
in the County to obtain a “public vehicle driver’s license” (PVDL) from the Hillsborough County
Tax Collector, in addition to a valid certificate for the operator and a valid permit for the vehicle
after passing a safety and mechanical inspection. Vehicles 10 years of age or older must have
additional inspections.11 A PVDL initial application and renewal fee is $65 and requires
fingerprinting.
The City of Orlando’s police department has a vehicle for-hire unit that requires applicants to
show proof of payment of the business tax, to pass a vehicle inspection, to pass a national
background check, and to obtain a vehicle permit and a driver permit. The application fee for the
Vehicle For-hire permit is $250 and each permit is $200.12
Some cities and counties have made the decision to end their practice of specifically licensing vehicles
for-hire.
For example, Sarasota, Naples and Collier County made the decision in 2015 to stop licensing
vehicles for-hire. “The decision will deregulate the industry once the county's ordinance is
officially taken off the books in the coming weeks. Taxi companies will no longer have to buy
commercial insurance and their drivers won't have to pass criminal background checks. Collier
County will no longer issue licenses to taxi or limo companies. Essentially, anyone with a
driver's license will be able to operate a car-for-hire in Collier County.”13
7 S. 166.021(3), F.S.
8
S. 166.221, F.S; see also s. 205.042, F.S. (municipalities may levy, by appropriate resolution or ordinance, business tax for the
privilege of engaging in or managing any business, profession, or occupation within its jurisdiction).
9 Examples of other cities with vehicle for-hire requirements include: the City of Fort Lauderdale, and Town of Palm
Beach. See Vehicle For Hire, City of Fort Lauderdale, https://www.fortlauderdale.gov/government/departments-i-z/transportation-and-
mobility/vehicle-for-hire (last visited March 2, 2023); see also, The Town of Palm Beach requires taxicabs and limousines to obtain a
vehicle for hire permit. Vehicle for Hire Permits, Town of Palm Beach, https://www.townofpalmbeach.com/610/Taxi-Permits (last visited
March 2, 2023); see also, Palm Beach Ordinance Code 130-32 (“It is a requirement that all vehicles for hire are permitted in the Town
of Palm Beach”).
10 Miami-Dade County, Transportation and Public Work, For-Hire Transportation,
https://www.miamidade.gov/global/service. page?Mduid_service=ser1498077559199786 (last visited March 4, 2023.)
11 Hillsborough County Tax Collectors Office, https://www.hillstax.org/other-services/ vehicle-for-hire/ordinance-
information/ (Last visited March 4, 2023).
12
Vehicle for Hire Permit Application, City of Orlando Police Department, http://beta.orlando.gov/files/sharedassets/public/departments/
edv/permitting-services-division/bld/vfhren-transferapplication.pdf (last visited March 2, 2023).
13 Naples Daily News, Greg Stanley, Collier tosses out regulations for cabs and ride-sharing, helping Uber and similar
businesses, https://archive.naplesnews.com/business/local/collier -tosses-out-regulations-for-c abs-and-ride-s haring-
helping-uber-and-similar-businesses-2319126-
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Special Districts
A special district is a unit of local government created for a special purpose, as opposed to a general
purpose, which has jurisdiction to operate within a limited geographic boundary and is created by
general law,
special act,
local ordinance, or
rule of the Governor and Cabinet.14
A “dependent special district” is a special district meeting at least one of the following criteria:
The membership of the district’s governing body is identical to the governing body of a single
county or municipality;
All members of the district’s governing body are appointed by the governing body of a single
county or municipality;
Members of the district’s governing body are removable at will by the governing body of a single
county or municipality; or
The district’s budget is subject to approval by the governing body of a single county or
municipality.15
An “independent special district” is any district that is not a dependent special district or one that
includes more than one county unless the district lies wholly within a single munic ipality.16 Special
districts do not possess “home rule” powers. The county or municipality who created the special district
defines the powers of a special district.17
Special districts vary on their ability to issue licenses or permits to operate a vehicle for hire. Due to the
fact that the county or municipality which created the special district defines its powers.
Preemption18
Generally, local governments are preempted from issuing occupational licenses that are not specifically
authorized in general law. Local governments include counties, municipalities, and special districts.
In 2021, the Governor signed HB 735, Preemption of Local Occupational Licensing, which preempts
occupational licensing to the state unless the local government has specific authority to license and
regulate set out in general law. Because counties have specific authority in general law to license and
regulate vehicles for-hire, HB 735 does not appear to affect a counties’ ability to license vehicles for-
hire. However, HB 735 may prevent municipalities from licensing and regulating vehicles for-hire after
July 1, 2023, because they do not have specific authority to regulate. 19
Commercial Service Airports
An airport is classified as a commercial service airport when the Secretary of U.S. Transportation
determines that it has more than 10,000 passenger boardings each year.20
337701871.html/#:~:text=Collier%20County%20will% 20no%20longer,for% 2Dhire%20in%20Collier%20County. (Last
visited March 4, 2023.)
14 S. 189.012(6), F.S.
15 Section 189.012(2), F.S.
16 Section 189.012(3), F.S. Independent special districts are created by the Legislature, unless another mechanism is authorized by
general law. See, e.g. s. 190.005, F.S. (community development districts may be created by a county, municipality, or the Florida Land
and Water Adjudicatory Commission, depending on the size and location of the district).
17 “Administrative agencies, such as the airport authority, are creatures of statute and derive only the power specified therein .” Fla. Att'y
Gen. Op. 2012-24 (2012).
18 S.163.211, F.S.
19 See s. 163.211, F.S.; This may be preempted on July 1, 2023.
20 49 U.S.C.A. § 47102 (2018); see also, s. 332.0075 (1)(a), F.S.
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In Florida, the Department of Transportation (DOT) is responsible for planning airport systems and
overseeing the public airport system.21 The owner or lessee of a proposed public airport22 must receive
DOT approval before site acquisition, construction, or establishment of a public airport facility. 23 DOT is
also responsible for licensing public airport facilities prior to the operation of aircraft to or from the
facility and must inspect such facilities prior to licensing or renewal. 24 Current law authorizes local
governments to establish and operate airports.25 Neither state law nor federal law establish
requirements for airport governance or ownership. As such, Florida airports operate under either a
government department model (where the airport operates as a department of the local government) or
an airport authority model (where the airport authority is created as either an independent or a
dependent special district). Because airports are generally governed and subsumed as part of local
governments, state law provides for very little oversight and accountability.
With respect to county owned or operated airports, the board of county commissioners has the right,
power, and authority to enter into contracts with one or more motor carriers for the transportation of
passengers for-hire between airports and points within such county.26 These contracts define the period
of authorization to transport passengers.27 The county is required to use the competitive bidding
process 28 to grant an exclusive right to use certain parking areas at the county owned airport for motor
carriers for the transportation of passengers such as a taxicab and limousine stand.29 A county-owned
airport, which is located within the jurisdictional boundaries of a municipality, is under the county’s
exclusive authority and the municipality does not have authority over such airport. 30
Some airport authorities require vehicles for-hire to obtain a permit to operate from the local
government and the airport. For example, Orlando International Airport requires vehicles for hire to
have:31
a valid, current driver’s license issued by the City of Orlando,
a vehicle permit (V-Permit) decal issued by the Orlando International Airport displayed on the
vehicle at all times, and
a vehicle for hire permit decal issued by the City of Orlando displayed on the vehicle at all times.
The Fort Lauderdale-Hollywood International Airport requires persons that operate a vehicle for hire to
first register with and obtain a permit from the Environmental and Consumer Protection Division of
Broward County. Then, persons with a permit to operate a vehicle for hire must apply for a decal permit
from the Broward County Aviation Department.32 The Jacksonville International Airport has a similar
arrangement.33
21
S. 332.001, F.S.
22 S. 330.27(6), F.S. For purposes of DOT approval and licensure, the term “public airport” means a publicly or privately-owned airport
for public use.
23 S. 330.30(1), F.S.
24 S. 330.30(2), F.S.
25 See ch.332, F.S.
26
This does not apply to counties who own or operate an airport which is located on land that is separated from the mainland of the
state by a body of water or the county has a population between 150,000 and 200,000. S. 331.15(2), F.S.
27 S. 331.15(2), F.S.
28 “Competitive bidding is a process of issuing a public bid with the intent that companies will put together their best proposa l and
compete for a specific project.” “Competitive Bidding: What Is Competitive Bidding?, FindRFP Inc. https://www.findrfp.com/Government-
Contracting/competitive-bidding.aspx (last visited Feb. 28, 2023); A county is required to use a competitive bidding p rocedure to lease
county-owned property. See 1988 Op. Att'y Gen. Fla. 110 (1988).
29 Randall Indus., Inc. v. Lee Cnty., 307 So. 2d 499, 501 (Fla. 2d DCA 1975).
30 Fla. Att'y Gen. Op. 2009-46 (2009); s. 125.015, F.S.; see also City of Dania v. Hertz Corp., 518 So. 2d 1387, 1388 (Fla. 4th DCA
1988).
31 Greater Orlando Aviation Authority, Vehicle-For-Hire (VFH): V-Permit Holders and Drivers Handbook p. 5, Orlando International
Airport, https://orlandoairports.net/site/uploads/VFH-Handbook.pdf (last visited March 1, 2023).
32 Operational Guidelines for Ground Transportation at Fort Lauderdale -Hollywood International Airport, p. 5, Broward County Board of
County Commissioners (Aug. 17, 2021), https://www.broward.org/Airport/passengers/ Transportation/Documents/
Operationalguidelines_081721.pdf?csf=1&e=LD1d5c (last visited March 2, 2023).
33 First a person must obtain a vehicle for hire permit issued from the City of Jacksonville. Then, the person must obtain an annual
permit from the Jacksonville Aviation Authority. Commercial Ground Transportation Policy p. 7, Jacksonville International Airport,
Jacksonville Aviation Authority, (Jan. 28, 2013), https://flyjacksonville.com/PDFs/AppndxG.pdf (last visited March 2, 2023).
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On the other hand, some airport authorities issue a separate permit for vehicles for-hire for transporting
passengers at the airport. For example, the Orlando Sanford International Airport requires a vehicle for
hire to obtain a ground transportation prearranged permit which is issued by the airport. 34This includes
a ground transportation agreement which excludes taxicabs. 35
License or Permit to Operate a Vehicle for-Hire- Effect of Bill
Counties and Municipalities
The bill provides an exception from certain local licensing requirements to a person who holds a valid,
active license or permit issued by a county or municipality to operate a vehicle for-hire. Such person
may operate a vehicle-for hire without being subject to additional licensing or permitting requirements
and without paying additional fees if the person:
Holds a valid, active license or permit to operate a vehicle for hire in the county or m unicipality
in which the person is domiciled36.
Has not had a license or permit to operate a vehicle for hire suspended or revoked within the
preceding 5 years.
A county may still license and regulate taxis, jitneys, limousines, rental cars, and other passenger
vehicles for-hire that operate in the unincorporated areas of the county. However, if the person is
already licensed or permitted by the area37 where they live and have a license or permit in good
standing, the county will not be able to enforce additional licensing or permitting requirements or
impose additional fees upon that person.
As for municipalities, if a person is licensed or permitted by the area where they live and has a license
or permit in good standing, the municipality will not be able to enforce additional licensing or permitting
requirements or impose additional fees upon that person.
A person who is an unlicensed or does not fall within the exception may be able to obtain a license or
permit to operate a vehicle for hire in another county or municipality despite where he or she currently
lives.
Overall, the bill allows persons who possess a license or permit in one jurisdiction to operate a vehicle
for-hire in other jurisdictions without being subject to obtaining another license or permit.
Commercial Service Airports
The bill provides that a person who holds a valid, active license or permit issued by an airport to
operate a vehicle for-hire may operate a vehicle for hire at any other airport without being subject to
additional airport licensing or permitting requirements and without paying additional license or permit
fees. Airport includes an airport, airport authority, aviation authority, or other entity that operates a
commercial service airport.
The bill limits the airport’s ability to issue permits or licenses to operate a for-hire vehicle if another
airport has already issued a person a permit or license.
This potentially would affect county owned or operated airports. 38 The board of county commissioners
could still enter contracts with motor carriers for the transportation of passengers for hire between such
airport or airports and points within such county. However, persons who already obtained a permit or
34 The fees to obtain a permit to operate vehicle for hire depend on the weight and length of the vehicle.
35 2023 Ground Transportation Pre-Arranged Permit, Orlando Sanford International Airport, https://web1.osaa.net/GTX/docs/GT-Permit-
2023-for-Website.pdf (last visited March 1, 2023).
36 Domicile means someone’s permanent residence or principal home. Domicile Definition and Meaning, Merriam-Webster (last visited
March 1, 2023), https://www.merriam -webster.com/dictionary/domicile.
37 Municipality or county.
38 This would not apply to counties who own or operate an airport which is located on land that is separated fr om the mainland of the
state by a body of water or the county has a population between 150,000 and 200,000.
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license to operate a vehicle for hire would not be required to enter into a contract with the board of
county commissioners to operate a vehicle for hire at the county owned or operated airport.
B. SECTION DIRECTORY:
Section 1. Creating s. 320.0603, F.S.; providing that a person who holds a license issued by a county,
municipality, or airport to operate a vehicle for hire may operate a vehicle for hire in any other county,
municipality, or airport without being subject to certain requirements or fees under certain
circumstances; defining the term "airport".
Section 2. Provides an effective date of July 1, 2023.
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:
The bill may potentially impact the revenues of municipalities who raise revenue from the licenses
that they issue if such fees are not in proportion to the regulatory activity. However, municipalities
are required to only impose regulatory fees that are proportionate to the cost of regulation in
accordance with section 166.221, F.S. Since municipalities will no longer be issuing as many
licenses or inspecting as many vehicles for hire, this loss of revenue should be offset by a decrease
in expenditures.
As for counties, the impact on revenues is indeterminate.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
There may be a positive economic impact on the vehicles for-hire industry. There would be a positive
economic impact for persons who:
hold a valid, active license or permit to operate a for hire vehicle in the municipality or county
where they live and
maintain their license or permit to operate in good standing for the preceding 5 years.
Such persons will not be subject to additional licensing or permitting requirements or fees in other
municipalities, counties, or airports.
D. FISCAL COMMENTS:
None.
III. COMMENTS
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A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 807 2023
1 A bill to be entitled
2 An act relating to a license or permit to operate a
3 vehicle for hire; creating s. 320.0603, F.S.;
4 providing that a person who holds a license issued by
5 a county, municipality, or airport to operate a
6 vehicle for hire may operate a vehicle for hire in any
7 other county, municipality, or airport without being
8 subject to certain requirements or fees under certain
9 circumstances; defining the term "airport"; providing
10 an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 320.0603, Florida Statutes, is created
15 to read:
16 320.0603 Vehicle-for-hire license or permit; reciprocity.—
17 (1) A person who holds a valid, active license or permit
18 issued by a county or municipality to operate a vehicle for hire
19 may operate a vehicle for hire in any other county or
20 municipality without being subject to additional licensing or
21 permitting requirements and without paying additional lice nse or
22 permit fees if the person:
23 (a) Holds a valid, active license or permit to operate a
24 vehicle for hire in the county or municipality in which the
25 person is domiciled.
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0807-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 807 2023
26 (b) Has not had a license or permit to operate a vehicle
27 for hire suspended or revoked within the preceding 5 years.
28 (2) A person who holds a valid, active license or permit
29 issued by an airport to operate a vehicle for hire may operate a
30 vehicle for hire at any other airport without being subject to
31 additional airport licensing or permitting requirements and
32 without paying additional license or permit fees. For purposes
33 of this subsection, the term "airport" includes an airport,
34 airport authority, aviation authority, or other entity that
35 operates a commercial service airport as defined in s.
36 332.0075(1).
37 Section 2. This act shall take effect July 1, 2023.
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CODING: Words stricken are deletions; words underlined are additions.
hb0807-00
REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 807 by Rep. Borrero
License or Permit to Operate Vehicle for Hire
AMENDMENT SUMMARY
March 9, 2023
Amendment 1 by Rep. Borrero (between lines 25-36):
• Clarifies language.
• Clarifies that the bill does not grant specific authority to municipalities or special districts
to regulate or license vehicles for hire that is required by section 163.211, F.S.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 807 (2023)
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 Economic Development Subcommittee
3 Representative Borrero offered the following:
4
5 Amendment
6 Remove lines 25-36 and insert:
7 person is domiciled; and
8 (b) Has not had a license or permit to operate a vehicle
9 for hire suspended or revoked within the preceding 5 years.
10 (2) A person who holds a valid, active license or permit
11 issued by an airport to operate a vehicle for hire may operate a
12 vehicle for hire at any other airport without being subject to
13 additional airport licensing or permitting requirements and
14 without paying additional license or permit fees. For purposes
15 of this subsection, the term "airport" includes an airport,
16 airport authority, aviation authority, or other entity that
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 807 (2023)
Amendment No.1
17 operates a commercial service airport as defined in s.
18 332.0075(1).
19 (3) This section does not grant specific authority to
20 municipalities or special districts to regulate or li cense
21 vehicles for hire that is required by s. 163.211, F.S.
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HB 861
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 861 Residential Real Estate Listing Agreements
SPONSOR(S): Robinson, W.
TIED BILLS: IDEN./SIM. BILLS: SB 770
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee
2) Judiciary Committee
3) Commerce Committee
SUMMARY ANALYSIS
A listing agreement forms a legally binding agreement with a real estate agent to sell property on behalf of the
owner. All listing agreements in Florida are required to have a definitive termination date and a real estate agent
may be disciplined by the Florida Real Estate Commission (FREC) for failing to include such. Generally, an agent
and the seller choose a mutually agreeable termination date, which they can modify or extend by mutual assent.
Generally, a real estate agent is entitled to a commission when that person is the procuring cause of a sale.
Recently, some real estate brokers have offered homeowners cash in exchange for the exclusive right to list an
owners’ property in the future. Some of the owners who entered into these agreements did not realize the listing
contract lasted up to 40 years and were later sued by the real estate broker for commission even though the
broker was not involved in the sale of the property.
The bill:
Limits the option to enter into a listing agreement for the sale of residential real property to no more
than six months.
Prohibits certain options to enter into listing agreements from becoming a lien, encumbrance, or
security interest on the property.
Prohibits courts from enforcing certain agreements, by lien or constructive trust.
Requires specific notice and the written agreement of the homeowner before certain listing agreements
may be assigned to another real estate agent or broker.
Defines “disposition” as a transfer or voluntary conveyance of the title or other ownership interest in
residential real property.
Defines “option to enter into a listing agreement” as a signed writing wherein the broker pays valuable
consideration to a person granting the broker an exclusive right to enter into a listing agreement with
the person at a future date during the term of the signed writing.
Defines “residential real property” as an improved residential property of four units or fewer or
unimproved residential real property intended for four units or fewer.
Provides that a listing agreement or an option to enter into a listing agreement that does not meet
certain requirements is unenforceable in law or equity and may not be recorded by the clerk of the
circuit court.
Makes violations of certain provisions an unfair or deceptive trade practice within the meaning of
Florida Deceptive and Unfair Trade Practices Act.
The bill provides an effective date of July 1, 2023.
The bill does not appear to have a fiscal impact on local or state governments.
FULL ANALYSIS
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0861.RRS
DATE: 3/7/2023
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Background on Real Estate Brokers
The Florida Real Estate Commission (FREC), within the Division of Real Estate (Division), at the
Department of Business and Professional Regulation (Department), administers and enforces real
estate licensing laws.1 The FREC is also empowered to adopt rules that enable it to implement its
statutorily authorized duties and responsibilities.2
FREC may discipline real estate brokers by denying, refusing to renew, suspending, or revoking their
permit or imposing administrative fines if FREC has found that the broker has violated the practice act,
including:3
engaging in dishonest, fraudulent transactions;
advertising property or services in a manner which is fraudulent, false, deceptive, or misleading in
form or content;
making deceptive, untrue, or fraudulent representations in or related to the practice of a profession
or employing a trick or scheme in or related to the practice of a profession;
failing to include in any written listing agreement a definite expiration date, description of the
property, price and terms, fee or commission, and a proper signature of the principal, or
failing to perform any statutory or legal obligation placed upon a licensee.
A real estate broker or sales associate may be convicted for a second degree misdemeanor for
recording a contract, or other writing which purports to affect the title of, or encumber, any real property
if the same is known to her or him to be false, void, or not authorized to be placed of record, for the
purpose of collecting a commission, or to coerce the payment of money to the broker or sales associate
or other person.4 This does not prohibit a broker or a sales associate from 5 recording a judgment
rendered by the court, placing a lien on a property where expressly permitted by contractual
agreement, or otherwise allowed by law.
A person who operates as a broker or sales associate without being the holder of a valid and current
active license commits a felony of the third degree.6
Broker-Property Owner Relationship
A broker is a person or agency who arranges transactions between a buyer and a seller for a
commission.7 “In the absence of a special contract, a broker is entitled to a commission when that
person is the procuring cause of a sale.”8
Real Estate Listing Agreements 9
1 Ch. 475, Part I, F.S.
2 These rules are contained in ch. 61J2, F.A.C.
3 Ss. 475.25 and s. 455.227, F.S.
4 S. 475.42(1)(i) and (2), F.S.
5 S. 475.42(1)(i), F.S.
6 S. 475.42(1)(a), F.S.
7 S. 475.01(1)(a), F.S.
8 Esslinger-Wooten-Maxwell, Inc. v. Lones Family Ltd. P'ship, 298 So. 3d 1176, 1180 (Fla. 3d DCA 2020).
9 Jessica Cody. Understanding the Listing Agreement When Selling Your Home , Home Light (Feb. 10, 2023),
https://www.homelight.com/blog/listing-agreement/.
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DATE: 3/7/2023
A listing agreement is a legally binding contract that establishes the duties of the seller and the real
estate agent. The time period for these agreements must be defined in the contract. 10 Typically, the
contract terms may be negotiated. For example, the expiration date, commission, and duties.11 There
are three types of listing agreements:
Types of Listing Agreements Description
Gives only one agent the right to find a buyer.
Exclusive Right-to-Sell Agreement Real estate broker receives commission when the property
is sold regardless of who finds the buyer.
Any agent that is part of the real estate agency may sell the
property and collect commission.
Seller is allowed to sell property without assistance from
Exclusive Agency Listing Agreement
the agent.
If the seller sells the property without assistance of the
agent, the agent is not entitled to commission.
The seller pays commission to the agent only if the house
Open Listing Agreement
sells through the efforts of that agent.
Recording Documents Related to Real Estate Agreements With the Clerk of the Court
The Clerk of the Court is required to record certain instruments presented to them, upon payment of
service charges. A document submitted to the clerk of court is deemed validly recorded and acts as
notice to other persons for certain purposes. Clerks record documents such as agreements, notices or
claims of lien, and other instruments relating to the ownership, transfer, or encumbrance12 of or claims
against real or personal property or any interest in it.13
An encumbrance, such as a recorded lien, creates a cloud on the property’s title. 14 This affects the
marketability of the property and the ability for a homeowner to sell or refinance their home. Currently, a
broker may place a lien on a property where expressly permitted by contractual agreement or
authorized by law.15
Recent Events
Certain Florida licensed real estate brokerage firms have been offering homeowners cash, advertised
as an alternative loan, in exchange for exclusive rights to list a homeowners’ property when they decide
to sell.
Some homeowners enter into these listing contracts without recognizing that they may last up to 40
years. Years later when a homeowner sells their property, without the brokerage firm, the brokerage
firm files a lien against the property for 3% of its value even though the brokerage firm never performed
the listing services.16
10 S. 475.25(1)(r), F.S.
11 Jamie Johnson, What Is a Listing Agreement?, Rocket Mortgage (Feb. 19, 2023), https://www.rocketmortgage.com/learn/listing-
agreement (visited March 2, 2023).
12 “An encumbrance is a claim against an asset by an entity that is not the owner. Common types of encumbran ces against real
property include liens, easements, leases, mortgages, or restrictive covenants. Encumbrances impact the transferability and/o r use of
subjected properties.” Encumbrance, Legal Information Institute (last visited Feb. 28, 2023),
13 S. 28.222(3)(a), F.S.
14 A cloud on title means a claim that affects the ownership of a property. Cloud on Title, Legal Information Institute,
https://www.law.cornell.edu/wex/cloud_on_title (visited March 2, 2023).
15
S. 475.42(1)(i), F.S.; see also, S. 702.01, F.S. If the debt is not paid to the creditor, the creditor can file a foreclosure action to have
the court enforce the lien
16 Rebecca Liebson, Florida Company Pays Quick Cash to List Your Home. the Catch? A 40-Year Contract, Tampa Bay Times (Sept.
6, 2022), https://www.tampabay.com/news/real-estate/2022/09/06/florida-company-pays-quick-cash-to-list-your-home-the-catch-a-40-
year-contract/.
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DATE: 3/7/2023
One of these companies is MV Realty, which operates in 33 states. It has acknowledged that more than
30,000 people have signed similar types of contracts.17
Recently, the Florida18, Massachusetts 19, Pennsylvania20, and Ohio, Attorney Generals 21 have filed
lawsuits against MV Realty for its misleading contractual terms related to these types of “listing
agreements”.
Florida Deceptive and Unfair Trade Practices Act (FDUTPA or Act)
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA or Act) declares unlawful any unfair or
deceptive acts or practices committed in the conduct of any trade or commerce.22 The Act is a separate
cause of action intended to be an additional remedy to other civil remedies at law, and it is aimed
toward making consumers whole for losses caused by fraudulent consumer practices. The Act protects
consumers from deceptive acts, and protects the consuming public and legitimate business enterprises
from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts
or practices in the conduct of any trade or commerce. It applies to private causes of action arising from
single unfair or deceptive acts in the conduct of any trade or commerce, even if it involves only a single
party, a single transaction, or a single contract.
Effect of the Bill
The bill:
Limits the option to enter into a listing agreement for the sale of residential real property to no more
than six months.
Prohibits certain options to enter into listing agreements from becoming a lien, encumbrance, or
security interest on the property.
Prohibits courts from enforcing an option to enter into a listing agreement, by lien or constructive trust.
Requires specific notice and the written agreement of the homeowner before an option to enter into a
listing agreement may be assigned to another real estate agent or broker.
Defines “disposition” as a transfer or voluntary conveyance of the title or other ownership interest in
residential real property.
Defines “option to enter into a listing agreement” as a signed writing wherein the broker pays valuable
consideration to a person granting the broker an exclusive right to enter into a listing agreement with
the person at a future date during the term of the signed writing.
Defines “residential real property” as an improved residential property of four units or fewer or
unimproved residential real property intended for four units or fewer.
Provides that a listing agreement or an option to enter into a listing agreement that does not meet
certain requirements is unenforceable in law or equity and may not be recorded by the clerk of the
circuit court.
Makes a violation of this section an unfair or deceptive trade practice within the meaning of Florida
Deceptive and Unfair Trade Practices Act.
17 Angie Moreschi, MV Realty Facing Congressional Scrutiny Following Channel 11 Investigation , WPXI, (Dec. 21, 2022),
https://www.wpxi.com/news/local/mv-realty-facing-congressional-scrutiny-following-channel-11-
investigation/Y4HNN2X24NEQRFMTNVLB2QNHNQ/.
18
Attorney General Moody Takes Legal Action against MV Realty for Swindling Florida Homeowners, Office of the Attorney General
(Nov. 29,2022), http://www.myfloridalegal.com/newsrel.nsf/newsreleases/E9E4A2F7281415CE8 5258909007259EC.
19 Cheryl Fiandaca, Massachusetts Attorney General Sues MV Realty Company after I-Team Investigation, CBS News. (December 14,
2022), https://www.cbsnews.com/boston/news/mv-realty-attorney-general-lawsuit-massachusetts-iteam-investigation/.
20 AG Shapiro Sues Real Estate Brokerage Firm MV Realty over Misleading Homeowner Benefit Program , Pennsylvania Office of
Attorney General (Dec. 14, 2022), https://www.attorneygeneral.gov/taking-action/ag-shapiro-sues-real-estate-brokerage-firm-mv-realty-
over-misleading-homeowner-benefit-program/#:~:text=Homeowner%20Benefit%20Program-
,AG%20Shapiro%20Sues%20Real%20Estate%20Brokerage%20Firm,Over%20Misleading%20Homeowner%20Benefit%20Program&a
mp;text=HARRISBURG%20%E2%80%94%20Attorney%20General%20Josh%20Shapiro,and%20its%20founder%2C%20Amanda%20
Zachman.
21 “AG Yost Sues MV Realty, Founder and Broker for Illegal Practices, Ohio Attorney General Dave Yost (Feb. 15, 2023),
https://www.ohioattorneygeneral.gov/Media/News -Releases/February-2023/AG-Yost-Sues-MV-Realty-Founder-and-Broker-for-Ille.
22 ss. 501.201-213, F.S.
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DATE: 3/7/2023
B. SECTION DIRECTORY:
Section 1: Creates s. 475.279, F.S.; defines terms; specifies limitation on length of certain contract
terms related to residential real property; prohibits the court from enforcing option to enter into listing
agreement by certain means; requires notice and written agreement in certain circumstances; provides
penalties for violations.
Section 2: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive economic impact on homeowners selling their property.
As for real estate brokerage firms, the bill may have a negative economic impact if they use this type of
listing agreement practice.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
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DATE: 3/7/2023
Clerks of court will have to train their employees to recognize these types of listing agreements related
to the provisions in the bill that prohibit recording such agreements.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h0861.RRS PAGE: 6
DATE: 3/7/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 861 2023
1 A bill to be entitled
2 An act relating to residential real estate listing
3 agreements; creating s. 475.279, F.S.; defining terms;
4 specifying a limitation on the term of an option to
5 enter into a listing agreement for the disposition of
6 residential real property; prohibiting a court from
7 enforcing an option to enter into a listing agreement
8 by certain means; requiring notice and a written
9 agreement of the residential property owner before a
10 broker may assign the option to enter into a listing
11 agreement to another broker; providing construction;
12 providing penalties for violations; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 475.279, Florida Statutes, is created
18 to read:
19 475.279 Option to enter into a listing agreement for the
20 disposition of residential real property.—
21 (1) As used in this section, the term:
22 (a) "Disposition" means a transfer or voluntary conveyance
23 of the title or other ownership interest in residential real
24 estate.
25 (b) "Option to enter into a listing agreement" means a
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0861-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 861 2023
26 signed writing wherein a broker pays valuable consideration to a
27 person granting the broker an exclusive right to enter into a
28 listing agreement with the person at a future date during the
29 term of the signed writing.
30 (c) "Residential real property" means improved residential
31 property of four units or fewer or unimproved residential real
32 property intended for four units or fewer.
33 (2) An option to enter into a listing agreement for the
34 disposition of residential real property may not exceed a term
35 of 6 months.
36 (3) An option to enter into a listing agreement may not
37 constitute a lien, encumbrance, or security interest in the
38 residential real property. A court may not enforce an option to
39 enter into a listing agreement by a lien or constructive trust
40 in the residential real property or upon the proceeds of the
41 disposition of the residential real property.
42 (4) An option to enter into a listing agreement must
43 require notice and written agreement of the residential property
44 owner before the broker may assign the option to enter into a
45 listing agreement to another broker.
46 (5) As a matter of public policy, a listing agreement or
47 an option to enter into a listing agreement that does not meet
48 the requirements of this section is unenforceable in law or
49 equity and may not be recorded by the clerk of the circuit
50 court.
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hb0861-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 861 2023
51 (6) A violation of this section is deemed an unfair or
52 deceptive trade practice within the meaning of part II of
53 chapter 501, and a person who violates this section is subject
54 to the penalties and remedies provided therein.
55 Section 2. This act shall take effect July 1, 2023.
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CODING: Words stricken are deletions; words underlined are additions.
hb0861-00
REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 861 by Rep. Robinson, W.
Residential Listing Agreements
AMENDMENT SUMMARY
March 9, 2023
Amendment 1 by Rep. Robinson, W. (lines 19-50):
• Renames the act “Residential Loan Alternative Agreements”
• Replaces “option to enter into a listing agreement” with “residential loan alternative
agreement” throughout the bill.
• Replaces “broker” with “person” throughout the majority of the bill.
• Defines “residential loan alternative agreement” as a signed writing between a broker
and seller or owner of residential real property that:
o grants an exclusive right to a person to act as a broker for the disposition of the
property,
o has an effective duration of more than two years, and
o includes the payment of compensation from the person to the seller or owner.
• Provides that a residential loan alternative agreement may not be renewed.
• Provides that a residential loan alternative agreement may not authorize a broker to
place a lien or otherwise encumber any residential real property.
• Provides that a residential loan alternative agreement that does not meet certain
requirements is unenforceable.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 861 (2023)
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 Economic Development Subcommittee
3 Representative Robinson, W. offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 19-50 and insert:
7 475.279 Residential loan alternative agreements for the
8 disposition of residential real property.—
9 (1) As used in this section, the term:
10 (a) "Disposition" means a transfer or voluntary conveyance
11 of the title or other ownership interest in residential real
12 estate.
13 (b) "Residential loan alternative agreement" means a
14 signed writing between a person and seller or owner of
15 residential real property that:
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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 861 (2023)
Amendment No. 1
16 1. Grants an exclusive right to a person to act as a br oker
17 for the disposition of the property.
18 2. Has an effective duration of more than two years.
19 3. Provides the person pay compensation to the seller or
20 owner.
21 (c) "Residential real property" means improved residential
22 property of four units or fewer or unimproved residential real
23 property intended for four units or fewer.
24 (2) A residential loan alternative agreement for the
25 disposition of residential real property may not exceed a term
26 of 6 months and may not be renewed.
27 (3) A residential loan alternative agreement may not
28 authorize a person to place a lien or otherwise encumber any
29 residential real property. A residential loan alternative
30 agreement may not constitute a lien, encumbrance, or security
31 interest in the residential real property. A court may not
32 enforce a residential loan alternative agreement by a lien or
33 constructive trust in the residential real property or upon the
34 proceeds of the disposition of the residential real property.
35 (4) A residential loan alternative agreement must require
36 notice to and written consent of the seller or owner before the
37 person may assign the residential loan alternative agreement to
38 another person.
39 (5) As a matter of public policy, a residential loan
40 alternative agreement that does not meet the requirements of
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 861 (2023)
Amendment No. 1
41 this section is unenforceable in law or equity. In addition, a
42 residential loan alternative agreement may not be recorded by
43 the clerk of the circuit court.
44
45 -----------------------------------------------------
46 T I T L E A M E N D M E N T
47 Remove lines 2-11 and insert:
48 An act relating to residential loan alternative agreements;
49 creating s. 475.279, F.S.; defining terms; specifying a
50 limitation on the term of a residential loan alternative
51 agreement for the disposition of residential real property;
52 prohibiting a court from enforcing a residential loan
53 alternative agreement by certain means; requiring notice to and
54 consent of the residential property owner before a residential
55 loan alternative agreement may be assigned; providing
56 construction
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Page 3 of 3
HB 869
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 869 Department of Business and Professional Regulation Licensing
SPONSOR(S): McClain
TIED BILLS: IDEN./SIM. BILLS: SB 782
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR) is responsible for licensing and regulating
various businesses and professions throughout the state, including asbestos professionals, mold-related
professionals, electrical contractors, public lodging establishments, and public food service establishments.
Related to mold-related and asbestos professional licensing regulations, the bill provides a pathway for a
person who holds a license in another state to obtain a Florida license.
Related to electrical contractors licensing regulations, the bill allows certain local electrical and alarm
contractors to be licensed statewide.
Related to pugilistic exhibitions, the bill removes the maximum participant weight differential requirement for all
exhibition matches. This will allow any exhibition to include participants who are not in the same weight
category.
Related to public lodging establishments and public food service establishments, the bill:
requires licensees to submit certain documents, fees, and communications online;
requires licensees to provide an email address for primary communication with DBPR;
allows notices to be served to the operator of a licensed establishment via email, in addition to in-
person service and by mail;
allows the guest registry at a transient public lodging establishment to be kept online, and guests are no
longer required to sign the registry;
allows 2-year renewals on licenses, instead of only 1-year renewals; and
removes the requirement for a staggered initial license fee schedule.
The bill has an indeterminate, negative fiscal impact on state government revenues. There is an indeterminate,
but likely minimal fiscal impact on local governments and a significant positive fiscal impact on the private
sector. See Fiscal Analysis & Economic Impact Statement.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0869.RRS
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Department of Business and Professional Regulation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
various businesses and professionals in Florida through the following divisions:
• The Division of Administration,
• The Division of Alcoholic Beverages and Tobacco,
• The Division of Certified Public Accounting,
• The Division of Drugs, Devices, and Cosmetics,
• The Division of Florida Condominiums, Timeshares, and Mobile Homes,
• The Division of Hotels and Restaurants,
• The Division of Pari-mutuel Wagering,
• The Division of Professions,
• The Division of Real Estate,
• The Division of Regulation,
• The Division of Technology, and
• The Division of Service Operations.1
The Division of Professions licenses and regulates various professions through 12 professional boards,
five programs, and one council, including the: 2
• Asbestos Licensing Unit,
• Electrical Contractors’ Licensing Board (ECLB), and
• Mold-Related Services Program.
The Division of Regulation is the enforcement authority for Labor Organizations and Business Agents,
the Florida Athletic Commission (FAC), Farm Labor Program, Child Labor Program, and any
professional boards and programs housed within the Division of Professions. 3
The Division of Hotels and Restaurants (H&R) licenses, inspects, and regulates public lodging and food
service establishments in Florida.4
Mold-Related Services
Background
Mold assessors and mold remediators are regulated by ch. 468, part XVI, F.S., and licensed by the
Mold-Related Services Licensing Program 5 in DBPR.
“Mold assessment” means a process performed by a mold assessor that includes the physical sampling
and detailed evaluation of data obtained from a building history and inspection to formulate an initial
hypothesis about the origin, identity, location, and extent of amplification of mold growth of greater than
ten square feet.6
1 S. 20.165, F.S.
2 Florida Department of Business and Professional Regulation, Division of Professions, http://www.myfloridalicense.com/DBPR/division-
of-professions/ (last visited Feb. 24, 2023).
3 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers. Florida Department of
Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last
visited Feb. 24, 2023).
4 Florida Department of Business and Professional Regulation, D ivision of Hotels and Restaurants,
http://www.myfloridalicense.com/DBPR/hotels-restaurants/ (last visited Feb. 24, 2023).
5 S. 468.84, F.S.
6 S. 468.8411(3), F.S.
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DATE: 3/7/2023
“Mold remediation” means the removal, cleaning, sanitizing, demolition, or other treatment, including
preventive activities, of mold or mold-contaminated matter of greater than ten square feet that was not
purposely grown at that location; however, it may not include work that requires a contractor license
under ch. 489, F.S.7
In order to be licensed as a mold assessor or mold remediator, an applicant must:
be of good moral character,
pass the required DBPR-approved examination offered by a nationally recognized organization
that certifies persons in the specialty of mold assessment or mold remediation,
have required liability insurance, and
complete either:
o at least a two-year associate of arts degree with certain course requirements and a
minimum of one year of experience; or
o a high school diploma or the equivalent with a minimum of four years of experience.8
A person who is licensed in another state is eligible for a license by endorsement in Florida if they:9
are of good moral character;
hold required general liability insurance;
hold a valid license to practice as a mold assessor or mold remediator in another state or
territory of the United States whose educational requirements are substantially equivalent to
Florida; and
have passed a national, regional, state, or territorial licensing examination that is substantially
equivalent to the required Florida examination.
Applicants for a mold-related license pay an initial licensure fee of $230. There are currently 3,252
licensed mold assessors and 3,208 licensed mold remediators in the state. In the most recent fiscal
year, there were 25 applicants for a license by endorsement. 10
Effect of the Bill
The bill allows applicants who hold a mold-related license in another state to obtain a license by
endorsement in Florida, if they have held a valid license to practice in another state or territory of the
United States for at least ten years before the date of application, without needing to take a Florida-
specific examination or training.
Such applications for a Florida license by endorsement must be made either when the applicant’s
license in another state or territory is active or within two years of when such license was last active.
The bill clarifies the provision relating to licensure examination requirements.
Asbestos Consultants and Contractors
Background
Asbestos consultants and contractors are regulated by ch. 469, F.S., and licensed by the Asbestos
Licensing Unit in DBPR. Florida licensing standards must also comply with the U.S. Environmental
Protection Agency’s Asbestos Model Accreditation Plan for States(MAP), which includes mandatory
nationwide standards for testing and education.11
“Asbestos abatement” means the removal, encapsulation, enclosure, or disposal of asbestos. 12
7 S. 468.8411(5), F.S.
8 S. 468.8413(2), F.S.
9 S. 468.8414(3), (4), F.S.
10 Email from Jonas Marquez, Legislative Affairs Director, Department of Business and Professional Regulation, RE: HB 869 (Feb. 28,
2023).
11 40 C.F.R. § 763 Appendix C to Subpart E.
12 S. 469.001(1), F.S.
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DATE: 3/7/2023
An asbestos consultant may:
• conduct an asbestos survey,
• develop an operation and maintenance plan,
• monitor and evaluate asbestos abatement, and
• prepare asbestos abatement specifications.13
An asbestos contractor may perform the work of an asbestos consultant and conduct asbestos
abatement work.14
In order to be eligible to be licensed as an asbestos consultant or contractor, an applicant must meet
one of the following criteria:15
hold a current, valid, active license as an architect issued under ch. 481, F.S.;
hold a current, valid, active license as a professional engineer issued under ch. 471, F.S.,
hold a current, valid, active license as a professional geologist under ch. 492, F.S.;
be a diplomat of the American Board of Industrial Hygiene; or
have been awarded designation as a Certified Safety Professional by the Board of Certified
Safety Professionals.
An applicant for licensure as either an asbestos consultant or contractor must also:16
if applying for an asbestos consultant license, complete DBPR-approved courses in the
following topics:
o building asbestos surveys and mechanical systems,
o asbestos management planning,
o respiratory protection, and
o project designer.
if applying for an asbestos contractor license, complete courses in the following topics:
o asbestos contractor/supervisor, and
o respiratory protection.
provide evidence of satisfactory work on ten asbestos projects within the last five years,
provide evidence of financial stability, and
pass the DBPR-approved examination.
There is no provision which specifically allows or addresses licenses by endorsement for asbestos
licensees of other states.
Applicants for an asbestos license pay an initial licensure fee of $555, and an examination fee of $316.
There are currently 136 licensed asbestos contractors and 111 licensed asbestos consultants in the
state. DBPR has received an average of 33 asbestos applications per year over the last three fiscal
years. In the most recent fiscal year, there were 57 applicants for an asbestos professional license.17
Effect of the Bill
The bill allows applicants who hold an asbestos license in another state license to obtain a license by
endorsement in Florida if they have:
passed a written examination in any state that meets the requirements of MAP,
held a license as an asbestos consultant or asbestos contractor issued by another state or
territory of the United States for at least ten years,
demonstrated financial stability, and
completed the required DBPR-approved courses.
13 S. 469.003, F.S.
14 S. 469.003(3), F.S.
15 S. 469.004(1), F.S.
16 S. 469.005, F.S.
17 DBPR, supra note 10.
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Such applicants must apply while they hold an active license in another state or territory or within 2
years after such license was last active.
Electrical Contractors
Background
Statewide electrical, alarm system, and specialty contractors are regulated by of ch. 489, part II, F.S.,
and licensed and regulated by the ECLB within DBPR.18 An electrical contractor engages in business
as a contractor or performs electrical or alarm work for compensation.19
Electrical contractors may work on electrical wiring, fixtures, appliances, apparatus, raceways, and
conduits which generate, transmit, transform, or utilize electrical energy in any form. The scope of an
electrical contractor’s license includes alarm system work.20
Alarm system contractors may lay out, fabricate, install, maintain, alter, repair, monitor, inspect,
replace, or service burglary, fire, robbery, or medical emergency alarm systems.21
In order to become a certified electrical, alarm system, or specialty contractor, an applicant must:22
be at least 18 years of age;
be of good moral character;
pass the certification examination;
have workers’ compensation insurance or an exemption, and public liability and property
damage insurance; and
meet certain training and education criteria.
A registered contractor is an individual that has taken and passed a local competency examination and
can practice the specific category of contracting for which they are approved, only in the local
jurisdiction for which the license is issued.23 Locally registered contractors that are required to hold a
contracting license to practice their profession in accordance with state law must register with DBPR
after obtaining a local license.24
Section 489.514, F.S., created a pathway that allowed registered local electrical and alarm contractors
who met certain criteria to have their local registration converted into a certified statewide license by the
ECLB. The provision required applicants to apply by November 1, 2021, and is thus is no longer
available for use by local registered contractors. This provision is commonly referred to as the
“grandfathering provision.”
Any registered contractor wishing to have their license “grandfathered” into a certified license had to
submit a completed application to the ECLB, pay an appropriate fee, and show evidence of the
following criteria:
currently holds a valid registered local license in the certification of electrical contractor, alarm
system contractor, or electrical specialty contractor sought;
has, for the certification category sought, passed a written, proctored examination that the
ECLB finds to be substantially similar to the examination required to be licensed as a certified
contractor;
has at least five years of experience as a contractor in the certification category sought, or as
an inspector or building administrator with oversight over that category. For contractors, only
time periods in which the contractor license is active and the contractor is not on probation
shall count toward the required five years;
18 S. 489.507, F.S.
19 S. 489.505(9), F.S.
20 Ss. 489.505(12) & 489.537(7), F.S.
21 S. 489.505(1)-(2), F.S.
22 S. 489.511(1) & (4), F.S.
23 S. 489.505(21)-(23), F.S.
24 S. 489.513, F.S.
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has not had the contractor’s license revoked at any time, suspended in the last five years, or
assessed a fine in excess of $500 in the last five years; and
has the required workers’ compensation insurance or an exemption, and public liability and
property damage insurance.25
DBPR received 766 applications from local electrical and alarm contractors for a statewide license
during the last period of grandfathering, from July 1, 2019, through November 1, 2021. 26
Effect of the Bill
The bill reopens the grandfathering provision for locally registered electrical, alarm system, and
specialty contractors to obtain licensure as statewide certified contractors without an expiration date.
Pugilistic Exhibitions
Background
Chapter 548, F.S., governs the FAC under DBPR. The function of the FAC is to license and regulate
pugilistic events and matches, including professional boxing, kickboxing, and mixed martial arts. The
FAC ensures that all matches are conducted in accordance with provisions of state laws and rules.
A match participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, 27
matchmaker, or promoter must be licensed by FAC before directly or indirectly acting in such capacity
in connection with any match. In order to obtain a license, an applicant must:28
complete an application in a form prescribed by the FAC;
be at least 18 years of age; and
pay an application fee.
An “exhibition” is a boxing, kickboxing, or mixed martial arts engagement in which persons participating
show or display their skill without necessarily striving to win using strikes and blows to the head or other
full-contact maneuvers.29 Participants in an exhibition, except one held solely for training purposes,
must weigh within 12 pounds of each other.30
Effect of the Bill
The bill removes the maximum participant weight differential requirement for all exhibition matches.
This will allow any exhibition to include participants that weigh more or less than 12 pounds from their
opponent.
Hotels and Restaurants
“Public lodging establishment” includes:31
“Transient public lodging establishments,” which means any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests
more than three times in a calendar year for periods of less than 30 days, or 1 calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented to
guests; and
“Nontransient public lodging establishments,” which means any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests for
25 S. 489.514, F.S.
26 DBPR, supra note 10.
27 A physician must be licensed pursuant to chapter 458 or chapter 459, must maintain a license in good standing, and must
demonstrate satisfactory medical training or experience in boxing. S. 548.017, F.S.
28 S. 548.021, F.S.
29 S. 548.002(8), F.S.
30 S. 548.043(2), F.S.
31 S. 509.013(4), F.S.
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periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held
out to the public as a place regularly rented to guests for periods of at least 30 days or 1
calendar month.
Classifications of public lodging establishments include hotels, motels, vacation rentals, apartments,
bed and breakfast inns, and timeshare projects.32
“Public food service establishments” means any building, vehicle, place, or structure, or any room or
division thereof, where food is prepared, served, or sold for immediate consumption on or in the vicinity
of the premises; called for or taken out by customers; or prepared prior to being delivered to another
location for consumption, with certain exceptions. 33
Classifications of public food service establishments include permanent food service restaurants,
catering services, mobile food dispensing vehicles, vending machines, theme park carts, culinary
education programs, and temporary food service events. 34
Electronic Communications - Background
While H&R has rulemaking authority to adopt rules to implement ch. 509, F.S., H&R does not have
authority to adopt rules to require electronic submissions for any required document or fee from a
licensee or for H&R to require online communications with a licensee. 35 There is also no statutory
requirement that such documents, fees, or communications be transmitted online or for licensees to
provide an email address to H&R.36
Notices that are served by H&R must be delivered to the operator of a licensed establishment by an
H&R agent or by registered mail. If H&R is unable to effect service, the notice may be conspicuously
posted at the licensee’s establishment.37 Inspection reports may be served via electronic means.
Each transient public lodging establishment is required to maintain a register of guests who occupy
rental units in the establishment. The guests must also sign the registry. There is not a specific
allowance that the registry may be kept in an electronic format.
Electronic Communications – Effect of the Bill
The bill requires all H&R licensees to provide an email address to function as the primary method of
communication with H&R.
The bill allows H&R to serve notices or inspection reports to the operator of licensed establishments via
email, in addition to in-person service and mail.
The bill requires each public lodging establishment or a public food service establishment, and any
person who plans to open a licensed establishment, to create and maintain an online account and
provide an e-mail address to function as the primary contact for all communication from H&R. Licensed
establishments are responsible for maintaining accurate contact information on file.
Each vacation rental or timeshare project must submit any change in the street or unit address or
number of houses or units included under the license within 30 days of the change. All changes must
be filed through the H&R's online system
32 S. 509.242, F.S.
33 S. 509.013(5), F.S.
34 R. 61C-1.002, F.A.C.; Florida Department of Business and Professional Regulation, Hotels and Restaurants – Licensing Guides,
http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/licensing-guides/ (last visited Feb. 24, 2023).
35 S. 509.032, F.S.
36 S. 509.091, F.S.
37 S. 509.091(1), F.S.
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The bill allows the guest registry at a transient public lodging establishment to be kept online, and will
no longer require guests to sign the registry.
Licensure Fees – Background
Each public lodging establishment and public food service establishment must obtain a license from
H&R. Licenses are renewed annually, and H&R must adopt a rule establishing a staggered schedule
for license renewals.38
The staggered initial license fee schedules require such establishments applying for an initial license to
pay the full license fee if the application is made during the annual renewal period or more than six
months before the next such renewal period, and one-half of the fee if the application is made six
months or less before the next renewal period.39 For example: if an applicant is applying for a hotel
license with between 26 and 50 rental units, the initial license fee is $215, but if such applicant is
applying for the license less than six months before the beginning of the next renewal period, the initial
license fee is $112.50. Such applicant will need to pay the full annual fee when the next renewal period
begins.40
H&R adopts, by rule, a schedule of fees to be paid by each public lodging establishment and public
food service establishment for the issuance or renewal of a license. Such fees are based on the
number of rental units in the public lodging establishment and based on seating capacity and services
offered for public food service establishments. Licenses must be renewed annually.41 License fees
generally range from $91 for a temporary food vendor to $370 for a hotel with 501 or more rental
units.42
Licensure Fees – Effect of the Bill
The bill removes the requirement for a staggered initial license fee schedule for public lodging
establishments and public food service establishments, and instead provides for an initial license that
may be renewed for one or two years. Applications for licensure must be made on forms provided by
H&R, and H&R must adopt a rule for license issuance and renewal procedures.
The bill provides that license renewal fees for public lodging establishments must be based on the
number of rental units in the establishment and whether the renewal is for one or two years. License
renewal fees for public food service establishments must be based on the classification of the license
and whether the renewal is for one or two years.
The bill provides that the statutory maximum fee for a public lodging establishment for a two-year
renewal is set at $2,000, which is double the currently allowed maximum for annual renewals. The
statutory maximum fee for a public food service establishment for a two-year renewal is set at $800,
which is double the currently allowed maximum for annual renewals.
The bill clarifies that all fees be must be paid by the applicant when the license application is submitted
to H&R.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
38 S. 509.241(1), F.S.
39 S. 509.251(1), (2), F.S.
40 S. 509.251(1), (2), F.S.; Department of Business and Professional Regulation, Hotel and Restaurants – Hotel-Motel Guide,
http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/hotels-and-restaurants-hotel-motel-guide/ (last visited Feb. 24,
2023).
41 S. 509.251(1), (2), F.S.
42 R. 61C-1.008, F.A.C.
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Section 1: Amends s. 468.8414, F.S., revising licensure requirements for mold assessors and
remediators.
Section 2: Amends s. 469.006, F.S., revising licensure requirements for asbestos consultants and
contractors.
Section 3: Amends s. 489.514, F.S., removing a deadline for an electrical contractor licensing
provision.
Section 4: Amends s. 509.091, F.S, revising requirements for hotel and restaurant inspection
reports.
Section 5: Amends s. 509.101, F.S., revising requirements for hotel guest registries.
Section 6: Amends s. 509.241, F.S., revising license provisions for public lodging establishments
and public food service establishments.
Section 7: Amends s. 509.251, F.S., revising fee schedules for public lodging establishments and
public food service establishments.
Section 8: Amends s. 548.043, F.S., revising participant weight differentials for certain pugilistic
exhibitions.
Section 9: Reenacts s. 509.102, F.S., relating to mobile food dispensing vehicles.
Section 10: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
DBPR expects the following fiscal impacts on revenues: 43
Division of Professions
Indeterminate; $399,056 maximum potential grandfathering fee revenue over the next three years
(see Fiscal Comments).
Division of Hotels and Restaurants:
Based on internal projections for FY 23-24, the bill would reduce the division’s revenue by
approximately 3.3%.
Under the current license fee structure, about 58% of new applicants pay an initial license fee for
some fraction of time and then pay the Division again to renew their license within the same fiscal
year. Under the initiative, the division will collect a slightly larger initial license fee and a lower
amount of renewal fees during the first year of licensure for each new license. The initiative would
eliminate half year prorating of license fees, replacing it with a full year which slightly increases
division revenue but results in a true “annual license” from the start with no same fiscal year
renewals. Overall, based on internal projections for FY 2023-24, the initiative would reduce the
Division’s revenue by $1,413,484, or roughly 3.3%. The figures are derived from a projected 3.05%
growth rate in Division Revenue and a projected 2.85% growth rate in H&R license fees.
FY23-24 FY24-25 FY25-26
Total Div.
Revenue $42,647,797 $43,947,207 $45,286,207
Bill Difference ($1,413,484) ($1,453,723) ($1,495,108)
Revenue with bill
implemented $41,234,314 $42,493,484 $43,791,100
% Change -3.31% -3.31% -3.30%
43 Department of Business and Professional Regulation (DBPR), Agency Analysis of 2023 Senate Bill 782, p. 6 (Mar. 2,
2023)
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The anticipated decrease in division revenue resulting from 2 year license renewals is unknown, as
it would depend on how many operators opted for a 2 year renewal and the amount of the renewal
fee.
2. Expenditures:
DBPR does not anticipate a change in state expenditures as a result of the bill.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Local governments could see an insignificant decrease in revenues associated with renewal and
reciprocity fees if eligible registered contractors choose to apply for the grandfathering provision
created in the bill for ECLB licensees.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
There may be a positive impact on the private sector by expanding the geographical scope of practice
for those registered electrical contractors that choose to take advantage of the grandfathering provision.
Thus, making more electrical contractors available to work across the state.
The bill will generally reduce license fees paid by H&R licensees during their first 12 months of
licensure. The division estimates licensees will save about $1.4 million in FY 2023-24. The decrease
comes from eliminating the staggered schedule and outdated prorating system which in turn provides
new licensees with a full year of licensure. Under the current license fee structure, new applicants often
pay for a new license and pay to renew their license within the same fiscal year. Under the bill this
would not happen.44
D. FISCAL COMMENTS:
Grandfathering Provision:45
Revenue from an electrical contractor grandfathering fee is indeterminate because it is unknown how
many eligible registered ECLB licensees will apply for grandfathering. The total fee (application fee,
initial licensing fee, and unlicensed activity fee) during the end of the previous grandfathering period
was $196. There are 2,036 Registered Current Active/Inactive ECLB licensees who may be able to
take advantage of the grandfathering provision. However, the department received only 766
applications during the last period of grandfathering, which was from July 1, 2019 to November 1, 2021.
Assuming total application/license fees of $196, the grandfathering fees received by DBPR over the
next three fiscal years could range from $150,136.00 (if the department receives the same number of
applications as the last grandfathering period) to a maximum of $399,056.00 if all 2,036 Registered
Current Active/Inactive licensees apply over the next three fiscal years.
H&R Provisions:46
Because there is a reduction in H&R revenue, there will also be a reduction in the amount transferred to
General Revenue. The estimated reduction to the 8% service charge to General Revenue would be
$113,079 in FY 2023-24, $116,262 in FY 2024-25, and $119,609 in FY 2025-26.
The new schedule of licensing could impact expenditures. Because of the reduction in renewals there
may be a $3,444 savings in postage and a reduction of annual bank fees of as much as $18,584.
44 Id. at 7.
45 Id. at 10.
46 Id.
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DATE: 3/7/2023
FY 2023-24 FY 2024-25 FY 2025-26
Estimated H&R License Fee $28,166,605 $28,968,456 $29,793,133
Revenue Under Current
Licensing System
Estimated H&R License Fee $26,753,122 $27,514,733 $28,298,026
Revenue Under Proposed
Change
Reduction in Revenue ($1,413,484) ($1,453,723) ($1,495,108)
Reduction in 8% Service ($113,079) ($116,262) ($119,609)
Charge to General Revenue
Estimated Postage and $22,028 $22,028 $22,028
Bank Fee Savings
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill will require DBPR to amend rules related to:
Mold-related professional licensing standards,
Asbestos professional licensing standards,
Pugilistic exhibition requirements,
Licensed establishment electronic communications, and
Licensed establishment license issuance and renewal.
DBPR has current authority to do so.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 869 2023
1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 468.8414, F.S.;
4 requiring the department to certify for licensure
5 qualified individuals who practice mold assessment or
6 mold remediation and hold certain licenses issued by
7 other states or territories; amending s. 469.004,
8 F.S.; revising requirements for the issuance of an
9 asbestos consultant's license; requiring the
10 department to certify for licensure by endorsement
11 asbestos consultants and asbestos contractors who meet
12 certain exam and other state licensure requirements;
13 requiring asbestos consultants and asbestos
14 contractors to complete certain courses; amending s.
15 489.514, F.S.; removing a time limitation for applying
16 for certain contracting licenses under certain
17 provisions; amending s. 509.091, F.S.; requiring
18 licensees and licensed agents to provide the
19 department's Division of Hotels and Restaurants with
20 e-mail addresses at which they can be contacted;
21 authorizing the division to deliver notices and
22 inspection reports by e-mail; amending s. 509.101,
23 F.S.; revising the guest register maintenance
24 requirements that an operator of a transient
25 establishment must meet; amending s. 509.241, F.S.;
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26 providing for the expiration of public lodging
27 establishment and public food service establishment
28 licenses; authorizing the licenses to be renewed for
29 specified timeframes; requiring the division to
30 provide forms for license renewals and license
31 applications; requiring licensees and licensed agents
32 to maintain a division online account and provide the
33 division with specified information; amending s.
34 509.251, F.S.; revising the public lodging
35 establishment and public food service establishment
36 license fees to include an option for 2-year renewals;
37 limiting the fees the division may charge for a 2-year
38 license renewal; requiring license fees to be paid in
39 full at the time of application; amending s. 548.043,
40 F.S.; deleting a requirement limiting the types of
41 boxing exhibitions which require a specified maximum
42 difference in participant weights; reenacting s.
43 509.102(2), F.S., relating to mobile food dispensing
44 vehicles, to incorporate the amendment made to s.
45 509.251, F.S., in a reference thereto; providing an
46 effective date.
47
48 Be It Enacted by the Legislature of the State of Florida :
49
50 Section 1. Subsection (3) of section 468.8414, Florida
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51 Statutes, is amended to read:
52 468.8414 Licensure.—
53 (3) The department shall certify as qualified for a
54 license by endorsement an applicant who is of good moral
55 character, who has the insurance coverage required under s.
56 468.8421, and who meets at least one of the following
57 requirements:
58 (a) Is qualified to take the examination as set forth in
59 s. 468.8413 and has passed a certification examination offered
60 by a nationally recognized organization that certifies persons
61 in the specialty of mold assessment or mold remediation and that
62 has been approved by the department as substantially equivalent
63 to the requirements of this part and s. 455.217.; or
64 (b) Holds a valid license to practice mold assessment or
65 mold remediation issued by another state or territory of the
66 United States if the criteria for issuance of the license were
67 substantially the same as the licensure criteria that is
68 established by this part as determined by the department.
69 (c) Has held a valid license to practice mold assessment
70 or mold remediation issued by another state or territory of the
71 United States for at least 10 years before the date of
72 application. The application for licensure must be made either
73 when the license in the other state or territory is active or
74 within 2 years after such license was last active.
75 Section 2. Present subsection (3) of section 469.004,
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76 Florida Statutes, is redesignated as subsection (4), a new
77 subsection (3) is added to that section, and subsection (1) of
78 that section is amended, to read:
79 469.004 License; asbestos consultant; asbestos
80 contractor.—
81 (1) All asbestos consultants must be licensed by the
82 department. Except for an asbestos consultant's license issued
83 by endorsement as provided under subsection (3) or otherwise
84 expressly provided by law, an asbestos consultant's license may
85 be issued only to an applicant who holds a current, valid,
86 active license as an architect issued under chapter 481; holds a
87 current, valid, active license as a professional engineer issued
88 under chapter 471; holds a current, valid, active license as a
89 professional geologist issued under chapter 492; is a diplomat
90 of the American Board of Industrial Hygiene; or has been awarded
91 designation as a Certified Safety Professional by the Board of
92 Certified Safety Professionals.
93 (3) The department shall certify as qualified for
94 licensure by endorsement any individual applying for licensure
95 who has passed a written examination that meets the requirements
96 of the United States Environmental Protection Agency Asbestos
97 Model Accreditation Plan, has held a valid license to practice
98 as an asbestos consultant or asbestos contractor issued by
99 another state or territory of the United States for at least 10
100 years before the date of application, and is applying for the
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101 same or similar license in this state, subject to ss. 469.005(5)
102 and 469.006. The application for licensure must be made either
103 when the license in the other state or territory is active or
104 within 2 years after such license was last active. To qualify
105 for licensure by endorsement, an asbestos consultant must
106 complete the courses required by s. 469.005(2) and an asbestos
107 contractor must complete the courses required by s. 469.005(3).
108 Section 3. Subsection (3) of section 489.514, Florida
109 Statutes, is amended to read:
110 489.514 Certification for registered contractors;
111 grandfathering provisions.—
112 (3) An applicant must make application by November 1,
113 2021, to be licensed pursuant to this section.
114 Section 4. Section 509.091, Florida Statutes, is amended
115 to read:
116 509.091 Notices; form and service.—
117 (1) All licensees and licensed agents must provide an e -
118 mail address to the division to function as the primary method
119 of contact for all communication with the division.
120 (2) Each notice or inspection report served by the
121 division pursuant to this chapter must be in writing and must be
122 delivered personally by an agent of the division, sent by e-
123 mail, or mailed by registered letter to the operator of the
124 public lodging establishment or public food service
125 establishment. If the operator refuses to accept service or
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126 evades service or the agent is otherwise unable to effect
127 service after due diligence, the division may post such notice
128 or inspection report in a conspicuous place at the
129 establishment.
130 (2) Notwithstanding subsection (1), the division may
131 deliver lodging inspection reports and food service inspection
132 reports to the operator of the public lodging establishment or
133 public food service establishment by electronic means.
134 Section 5. Subsection (2) of section 509.101, Florida
135 Statutes, is amended to read:
136 509.101 Establishment rules; posting of notice; food
137 service inspection report; maintenance of guest register; mobile
138 food dispensing vehicle registry.—
139 (2) It is the duty of each operator of a transient
140 establishment to maintain at all times a register of, signed by
141 or for guests who occupy rental units within the establishment,
142 showing the dates upon which the rental units were occupied by
143 such guests and the rates charged for their occupancy. Each
144 operator shall maintain this register shall be maintained in
145 chronological order, shall make the register and available for
146 inspection by the division at any time, and may keep the
147 register in an electronic format. Operators need not make
148 available registers that which are more than 2 years old.
149 Section 6. Section 509.241, Florida Statutes, is amended
150 to read:
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151 509.241 Licenses required; exceptions.—
152 (1) LICENSES; ANNUAL RENEWALS.—Each public lodging
153 establishment and public food service establishment shall obtain
154 a license from the division. Such license may not be transferred
155 from one place or individual to another. It is shall be a
156 misdemeanor of the second degree, punishable as provided in s.
157 775.082 or s. 775.083, for such an establishment to operate
158 without a license. Local law enforcement shall provide immediate
159 assistance in pursuing an illegally operating establishment. The
160 division may refuse a license, or a renewal thereof, to any
161 establishment that is not constructed and maintained in
162 accordance with law and with the rules of the division. The
163 division may refuse to issue a license, or a renewal thereof, to
164 any establishment an operator of which, within the preceding 5
165 years, has been adjudicated guilty of, or has forfeited a bond
166 when charged with, any crime reflecting on professional
167 character, including soliciting for prostitution, pandering,
168 letting premises for prostitution, keeping a disorderly place,
169 or illegally dealing in controlled substances as defined in
170 chapter 893, whether in this state or in any other jurisdiction
171 within the United States, or has had a license denied, revoked,
172 or suspended pursuant to s. 429.14. Licenses expire if not
173 renewed before the expiration date and may be renewed for 1 or 2
174 years. Licenses must shall be renewed using forms provided by
175 annually, and the division. The division shall adopt a rule
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176 establishing procedures a staggered schedule for license
177 issuance and renewals. If any license expires while
178 administrative charges are pending against the license, the
179 proceedings against the license must shall continue to
180 conclusion as if the license were still in effect.
181 (2) APPLICATION FOR LICENSE.—Each person who plans to open
182 a public lodging establishment or a public food service
183 establishment must shall apply for and receive a license from
184 the division using forms provided by the division before
185 commencing prior to the commencement of operation. A condominium
186 association, as defined in s. 718.103, which does not own any
187 units classified as vacation rentals or timeshare projects under
188 s. 509.242(1)(c) or (g) is not required to apply for or receive
189 a public lodging establishment license.
190 (3) DISPLAY OF LICENSE.—Any license issued by the division
191 shall be conspicuously displayed in the office or lobby of the
192 licensed establishment. Public food service establishments that
193 which offer catering services shall display their license number
194 on all advertising for catering services.
195 (4) ONLINE ACCOUNT AND TRANSACTIONS.—Each person who plans
196 to open a public lodging establishment or a public food service
197 establishment and each licensee or licensed agent must create
198 and maintain a division online account and provide an e -mail
199 address to the division to function as the primary contact for
200 all communication from the division.
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201 (a) Licensees and licensed agents are responsible for
202 maintaining accurate contact information on file with the
203 division.
204 (b) Each licensee issued a license or licensed agent
205 managing a license classified as a vacation rental or timeshare
206 project, as those terms are defined in s. 509.242(1)(c) and (g),
207 respectively, must submit any change in the street or unit
208 address or number of houses or units included under the license
209 within 30 days of the change. All changes must be filed with the
210 division through the division's online system.
211 Section 7. Subsections (1) and (2) of section 509.251,
212 Florida Statutes, are amended to read:
213 509.251 License fees.—
214 (1) The division shall adopt, by rule, a schedule of fees
215 to be paid by each public lodging establishment as a
216 prerequisite to issuance or renewal of a license. Initial
217 license Such fees must shall be based on the number of rental
218 units in the establishment. License renewal fees must be based
219 on the number of rental units in the establishment and whether
220 the renewal is for 1 or 2 years. The aggregate fee per
221 establishment charged any public lodging establishment may not
222 exceed $1,000 for a 1-year license or $2,000 for a 2-year
223 license; however, the fees described in paragraphs (a) and (b)
224 may not be included as part of the aggregate fee subject to this
225 cap. Vacation rental units or timeshare projects within separate
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226 buildings or at separate locations but managed by one licensed
227 agent may be combined in a single license application, and the
228 division must shall charge a license fee as if all units in the
229 application are in a single licensed establishment. The fee
230 schedule shall require an establishment which applies for an
231 initial license to pay the full license fee if application is
232 made during the annual renewal period or more than 6 months
233 before the next such renewal period and one-half of the fee if
234 application is made 6 months or less before such period. The fee
235 schedule must shall include fees collected for the purpose of
236 funding the Hospitality Education Program, pursuant to s.
237 509.302. All fees, which are payable in full for each
238 application at the time regardless of when the application is
239 submitted.
240 (a) Upon making initial application or an application for
241 change of ownership, the applicant shall pay to the division a
242 fee as prescribed by rule, not to exceed $50, in addition to any
243 other fees required by law, which shall cover all costs
244 associated with initiating regulation of the establishment.
245 (b) A license renewal filed with the division after the
246 expiration date shall be accompanied by a delinquent fee as
247 prescribed by rule, not to exceed $50, in addition to the
248 renewal fee and any other fees required by law.
249 (2) The division shall adopt, by rule, a schedule of fees
250 to be paid by each public food service establishment as a
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251 prerequisite to issuance or renewal of a license. Initial
252 license fees must be based on the classification of the license.
253 License renewal fees must be based on the classification of the
254 license and whether a renewal is for 1 or 2 years. The fee
255 schedule must shall prescribe a base basic fee and additional
256 fees based on seating capacity and services offered. The
257 aggregate fee per establishment charged any public food service
258 establishment may not exceed $400 for a 1-year license or $800
259 for a 2-year license; however, the fees described in paragraphs
260 (a) and (b) may not be included as part of the aggregate fee
261 subject to this cap. The fee schedule shall require an
262 establishment which applies for an initial license to pay the
263 full license fee if application is made during the annual
264 renewal period or more than 6 months before the next such
265 renewal period and one-half of the fee if application is made 6
266 months or less before such period. The fee schedule must shall
267 include fees collected for the purpose of funding the
268 Hospitality Education Program, pursuant to s. 509.302. All fees,
269 which are payable in full for each application at the time
270 regardless of when the application is submitted.
271 (a) Upon making initial application or an application for
272 change of ownership, the applicant shall pay to the division a
273 fee as prescribed by rule, not to exceed $50, in addition to any
274 other fees required by law, which shall cover all costs
275 associated with initiating regulation of the establishment.
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276 (b) A license renewal filed with the division after the
277 expiration date shall be accompanied by a delinquent fee as
278 prescribed by rule, not to exceed $50, in addition to the
279 renewal fee and any other fees required by law.
280 Section 8. Subsection (2) of section 548.043, Florida
281 Statutes, is amended to read:
282 548.043 Weights and classes, limitations; gloves.—
283 (2) The commission shall establish by rule the acceptable
284 difference in weight between participants; however, the maximum
285 difference in weight in boxing matches shall not exceed 12
286 pounds, except matches in the cruiserweight and heavyweight
287 classes and exhibitions held solely for training purposes.
288 Section 9. For the purpose of incorporating the amendment
289 made by this act to section 509.251, Florida Statutes, in a
290 reference thereto, subsection (2) of section 509.102, Florida
291 Statutes, is reenacted to read:
292 509.102 Mobile food dispensing vehicles; preemption. —
293 (2) Regulation of mobile food dispensing vehicles
294 involving licenses, registrations, permits, and fees is
295 preempted to the state. A municipality, county, or other local
296 governmental entity may not require a separate license,
297 registration, or permit other than the license required under s.
298 509.241, or require the payment of any license, registration, or
299 permit fee other than the fee required under s. 509.251, as a
300 condition for the operation of a mobile food dispensing vehicle
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301 within the entity's jurisdiction. A municipality, county, or
302 other local governmental entity may not prohibit mobile food
303 dispensing vehicles from operating within the entirety of the
304 entity's jurisdiction.
305 Section 10. This act shall take effect July 1, 2023.
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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 869 by Rep. McClain
Department of Business and Professional Regulation Licensing
AMENDMENT SUMMARY
March 9, 2023
Amendment 1 by Rep. McFarland (line 287):
• Allows package stores to sell nicotine products.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 869 (2023)
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 Economic Development Subcommittee
3 Representative McFarland offered the following:
4
5 Amendment (with title amendment)
6 Between lines 287 and 288, insert:
7 Section 9. Subsection (1) of section 565.04, Florida
8 Statutes, is amended to read:
9 565.04 Package store restrictions.—
10 (1) Vendors licensed under s. 565.02(1)(a) shall not in
11 said place of business sell, offer, or expose for sale any
12 merchandise other than such beverages, and such places of
13 business shall be devoted exclusively to such sales; provided,
14 however, that such vendors shall be permitted to sell bitters,
15 grenadine, nonalcoholic mixer-type beverages (not to include
16 fruit juices produced outside this state), fruit juices produced
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 869 (2023)
Amendment No. 1
17 in this state, home bar, and party supplies and equipment
18 (including but not limited to glassware and party-type foods),
19 miniatures of no alcoholic content, nicotine products, and
20 tobacco products. Such places of business shall have no openings
21 permitting direct access to any other building or room, except
22 to a private office or storage room of the place of business
23 from which patrons are excluded.
24
25 -----------------------------------------------------
26 T I T L E A M E N D M E N T
27 Remove line 42 and insert:
28 difference in participant weights; amending s. 565.04, F.S.;
29 allowing package stores to sell nicotine products; reenacting s.
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