Meeting Packet — Regulatory Reform & Economic Development Subcommittee (March 22, 2023)

Summary

Meeting packet for the Regulatory Reform & Economic Development Subcommittee of the Florida House of Representatives Commerce Committee, scheduled for Wednesday, March 22, 2023, at Webster Hall, with Tyler Sirois as Chair. The agenda lists consideration of bills including CS/HB 213 (Limitation of Actions Involving Real Estate Appraisers and Appraisal Management Companies), HB 917 (State Minimum Wage), and HB 1333 (Interstate-Mobility and Universal-Recognition Occupational Licensing Act). It also lists the proposed committee substitute PCS for HB 1251 (Limited Barbering). The packet then reproduces House of Representatives "STAFF ANALYSIS" documents and bill text, beginning with CS/HB 213.

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Issuer: Congressional materials
Document type: 2023 03 22 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs
Date: 2023-03-22
Case: 2023 03 22 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs 3 22 23

Cite this document

“Meeting Packet — Regulatory Reform & Economic Development Subcommittee (March 22, 2023).” Original at www.flhouse.gov, dated 2023-03-22. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-22-2023-03-22-3236-regulatory-reform-economic-development-subcommittee-meeting-packets-fn-rrs-3-22-23/, SHA-256 895491cae755a25073406791b82bbffcf3d3c7598416a0473565311ac6cf92dc.

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Regulatory Reform & Economic
Development Subcommittee
Wednesday, March 22, 2023
12:00 pm - 3:30 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
Wednesday, March 22, 2023
12:00 pm – 3:30 pm
Webster Hall (212 Knott)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

• CS/HB 213 Limitation of Actions Involving Real Estate Appraisers and Appraisal
Management Companies by Civil Justice Subcommittee, Borrero

• HB 917 State Minimum Wage by Yeager

• HB 941 Authorization of Restriction Concerning Dogs by Busatta Cabrera

• HB 947 Manatee County by Robinson, W.

• HB 1117 Medical Treatment of Animals by Buchanan

• HB 1307 Department of Agriculture and Consumer Services by McClure

• HB 1333 Interstate-Mobility and Universal-Recognition Occupational Licensing Act
by Koster

• HB 1383 Specialty Contractors by Trabulsy

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
This is in Header
Meeting Agenda
Page 2

• HB 1395 Management and Safety of Condominium and Cooperative Buildings by
Lopez, V.

• HB 1459 Registration Fees for Malt Beverage Brands and Labels by Yeager

• HB 1467 City of Kissimmee, Osceola County by Arrington

• HB 1561 Duval County by Duggan

Consideration of the following proposed committee substitute(s):

• PCS for HB 1251 -- Limited Barbering

V. Closing Remarks

VI. Adjournment
CS/HB 213
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 213 Limitation of Actions Involving Real Estate Appraisers and Appraisal
Management Companies
SPONSOR(S): Civil Justice Subcommittee, Borrero
TIED BILLS: IDEN./SIM. BILLS: SB 398

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
Part II of ch. 475, F.S., regulates Florida real estate appraisers and the provision of real estate appraisal
services. A real estate appraisal gives the current value of real property. This appraisal value is used to
establish the property’s fair market value, which information is useful to persons involved in real estate
transactions, including buyers, sellers, financiers, and insurers.

Persons who suffer damages as a result of an act or omission in the performance of appraisal services or
appraisal management services may have a cause of action against the person or party responsible for the act
or omission. Available causes of action may include an action founded on contract or tort, such as negligence
or fraud. Under Florida law, the statute of limitations for an action for professional malpractice, including
malpractice in the provision of appraisal services or appraisal management services, whether founded on
contract or tort, is generally two years, running from the time the cause of action is discovered or should have
been discovered with the exercise of due diligence; however, this statute of limitations applies only to persons
in privity – that is, in direct contract – with the professional. If the plaintiff is not in privity with the professional,
other statutes of limitations may apply, including a four-year statute of limitations for negligence and fraud.

CS/HB 213 creates a seven-year statute of repose for a lawsuit to recover damages from an appraiser or
appraisal management company based on contract, tort, or other legal theory for an act or omission in the
performance of appraisal services or appraisal management services. Such statute of repose runs from the
date the appraisal services or appraisal management services were performed, or should have been
performed. However, under the bill, the statute of repose does not apply to any:
 Administrative proceedings initiated by specified regulatory authorities.
 Action alleging that an appraiser or appraisal management company committed fraud.

Finally, the bill provides that the statute of repose applies to any action commenced on or after the bill’s
effective date, except that any action that would not have been barred before the imposition of the statute of
repose but would become barred by its imposition must be commenced on or before July 1, 2024. If such an
action is not commenced by July 1, 2024, it is barred.

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 .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Statutes of Limitations and Repose

A statute of limitations bars a lawsuit’s filing after a certain amount of time elapses following an injury. 1
This time period typically begins to run when a cause of action accrues (that is, on the date of the
injury) but may also begin to run on the date the injury is discovered or on which it would have been
discovered with reasonable efforts.2 In other words, a statute of limitations bars the available civil
remedy if a lawsuit is not timely filed after an injury.

A statute of repose bars the filing of a lawsuit after a fixed period of time passes following a specific act,
which act is unrelated to the cause of action’s accrual or the injury’s discovery, even if this period ends
before the plaintiff is injured.3 Further, a statute of repose eliminates the underlying substantive right of
action, not just the available civil remedy, upon expiration of the statutorily-specified filing period.4
Courts construe a cause of action rescinded by a statute of repose as if the right to sue never existed,
which encourages diligence in the prosecution of claims, eliminates the potential for abuse resulting
from a stale claim, and fosters finality in liability.5

Real Estate Appraisers

Part II of ch. 475, F.S., regulates Florida real estate appraisers and the provision of real estate
appraisal services. “Appraisal” or “appraisal services,” as used in this part, means the services provided
by certified6 or licensed7 appraisers or registered trainee appraisers,8 including:
 “Appraisal assignments,” denoting an engagement for which a person is employed or retained
to act, or could be perceived by third parties as acting, as an agent or a disinterested third party
in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality,
value, or utility of specified interests in, or aspects of, identified real property.
 “Analysis assignments,” denoting appraisal services relating to the employer’s or client’s
individual objectives and includes specialized marketing, financing, and feasibility studies as
well as analyses, opinions, and conclusions given in connection with activities such as real
estate brokerage, mortgage banking, real estate counseling, or real estate consulting.
 “Appraisal review assignments,” denoting the employment or retention of a person to opine
about the quality of another appraiser’s appraisal, appraisal report, or work, which review may
or may not contain the reviewing appraiser’s opinion of value. 9

1 Legal Information Institute, Statute of Limitations, https://www.law.cornell.edu/wex/statute_of_limitations (last visited March 14, 2023).
2
Id.
3 Legal Information Institute, Statute of Repose, https://www.law.cornell.edu/wex/statute_of_repose (last visited March 14, 2023); Kush

v. Lloyd, 616 So. 2d 415 (Fla. 1992).
4 Beach v. Great Western Bank , 692 So. 2d 146 (Fla. 1997).
5 Lamb By and Through Donaldson v. Volkswagenwerk Ak tiengesellschaft, 631 F. Supp. 1144, 1148 (S.D. Fla. 1986), judgment aff'd,

835 F.2d 1369 (11th Cir. 1988).
6 A “certified appraiser” is either a “certified general appraiser” or a “certified residential appraiser.” A “certified general appraiser” is a

person who is certified by the Department of Business and Professional Regulation (“DBPR”) to issue appraisal reports for any type of
real property. A “certified residential appraiser” is a person who is certified by DBPR to issue appraisal reports for residential real
property of one to four residential units, without regard to transaction value or complexity, or real property as may be auth orized by
federal regulation. S. 475.611(1)(k) and (l), F.S.
7 A “licensed appraiser” is a person who is licens ed by the department to issue appraisal reports for residential real property of one to

four residential units or on such real estate or real property as may be authorized by federal regulation. DBPR stopped issuing licenses
for “licensed appraisers” on July 1, 2003. S. 475.611(1)(t), F.S.
8 A “registered trainee appraiser” is a person who is registered with DBPR to perform appraisal services under the direct super vision of

a certified appraiser. A registered trainee appraiser may accept appraisal assignments only from her or his supervisory appraiser. S.
475.611(1)(v), F.S.
9 S. 475.611(1)(a), F.S.

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In other words, a real estate appraisal gives the current value of real property. This appraisal value is
used to establish the property’s fair market value, which information is useful to persons involved in real
estate transactions, including buyers, sellers, financiers, and insurers.

Regulation of Appraisers

Under Part II of ch. 475, the Florida Real Estate Appraisal Board (“Board”), housed within the
Department of Business and Professional Regulation’s (“DBPR”) Division of Real Estate, has full power
to regulate, by rule,10 the issuance of and the establishment of qualifications for appraiser licenses,
certifications, registrations, and permits; to discipline appraisers and appraisal management
companies 11 in any manner authorized in statute;12 to regulate approved courses; to establish real
estate appraisal standards; and to establish standards for and regulate supervisory appraisers.13

Civil Actions Against Appraisers

Under Florida law, the statute of limitations for an action for professional malpractice, including
malpractice in the provision of appraisal services or appraisal management services, whether founded
on contract or tort, is generally two years,16 running from the time the cause of action is discovered or
should have been discovered with the exercise of due diligence; however, this statute of limitations
applies only to persons in privity – that is, in direct contract – with the professional.17 If the plaintiff is not
in privity with the professional, other statutes of limitations may apply, including a four-year statute of
limitations for negligence and fraud.18

Effect of Proposed Changes

CS/HB 213 creates a seven-year statute of repose for an action to recover damages from an appraiser
or appraisal management company based on contract, tort, or other legal theory for an act or omission
in the performance of appraisal services or appraisal management services. Such statute of repose
runs from the date the appraisal services or appraisal management services were performed, or should
have been performed. However, under the bill, the statute of repose does not apply to any:
 Administrative proceedings initiated by the Board or DBPR.
 Action alleging that an appraiser or appraisal management company committed fraud.

The bill also provides that the statute of repose applies to any action commenced on or after the bill’s
effective date, except that any action that would not have been barred before the imposition of the

10
The Board may adopt rules pursuant to ss. 120.536(1) and 120.54, F.S., to implement its statutory duties. S. 475.614(1), F.S.
11 An “appraisal management company” is a person who, within a 12 -month period oversees an appraisal panel of more than 15 state -

certified or -licensed appraisers in a state, or 25 or more such appraisers in two or more states, and who performs appraisal
management services. “Appraisal management services” means the coordination or management of appraisal services for
compensation by: 1) employing, contracting with, or otherwise retaining one or more licensed or certified appraisers to perfo rm
appraisal services for a client; or 2) acting as an intermediary between a client and one or more licensed or certified appraisers to
facilitate the client’s employing, contracting with, or otherwise retaining the appraisers. S. 475.611(1)(c) and (d), F.S.
12 S. 475.624, F.S., provides for the discipline of appraisers, while s. 475.6245, F.S., provides for the discipline of appraisal

management companies.
13
S. 475.613(2), F.S.
14 Appraisal negligence occurs when an appraiser does not exercise the degree of care and skill that an ordinary appraiser would

exercise. Tony Sevelka, Appraisal Standards and Professional Negligence Claims, https://intval.com/articles/Appraisal-Standards-and-
Professional-Negligence-Claims.pdf (last visited March 14, 2023).
15
Appraisal fraud occurs when an appraiser makes an intentional and material misrepresentation relating to real property’s valu e.
Investopedia, Appraisal Fraud, https://www.investopedia.com/terms/a/appraisalfraud.asp (last visited March 14, 2023)
16 A different statute of limitations applies to medical malpractice claims. S. 95.11(4)(b), F.S.
17 S. 95.11(4)(a), F.S.

18 S. 95.11(3)(a) and (j), F.S.; Llano Financing Group, LLC v. Petit, 230 So. 3d 141 (Fla. 1st DCA September 27, 2017) .

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statute of repose but would become barred by its imposition must be commenced on or before July 1,
2024. If such an action is not commenced by July 1, 2024, it is barred.

The bill provides an effective date of July 1, 2023.

B. SECTION DIRECTORY:
Section 1: Creates s. 95.371, F.S., relating to actions against real estate appraisers and appraisal
management companies.
Section 2: Provides applicability.
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 limits the liability of appraisers and appraiser management companies by imposing a seven-
year statute of repose on actions for damages against such persons or companies for acts or
omissions in the performance of appraisal services or appraisal management services.

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.

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2. Other:
Due Process

The U.S. Constitution provides that no state shall “deprive any person of life, liberty, or property,
without due process of law.”19 Similarly, the Florida Constitution provides that “[n]o person shall be
deprived of life, liberty, or property without due process of law…” 20

Although the right to file a lawsuit is a valid and protected property interest, 21 a plaintiff has no vested
right in a statute of limitations or repose in effect when his or her cause of action accrues. 22 A statute
of limitations or repose may thus be either initially imposed or reduced by legislation and applied to
an existing cause of action so long as the plaintiff still has a reasonable amount of time left in which
to enforce his or her right to file a lawsuit.23

The bill attempts to address this issue by giving a plaintiff until July 1, 2024, to bring a suit for any act
or omission in the performance of appraisal services or appraisal management services if the
plaintiff’s cause of action would otherwise be barred by the imposition of the statute of repose.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 14, 2023, the Civil Justice Subcommittee adopted an amendment and reported the bill favorably
as a committee substitute. The committee substitute:
 Deleted a provision of the bill creating a one-year statute of limitations for an action to recover
damages from an appraiser or appraisal management company based on contract, tort, or other
legal theory for an act or omission is the performance of appraisal services or appraisal
management services.
 Deleted a provision specifying that all actions for damages or other relief brought against an
appraiser or appraisal management company with respect to appraisal services or appraisal
management services would be governed exclusively by the section created by the bill.
 Modified language addressing due process considerations.

This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.

19 U.S. Const. amend. 14.
20 Art. 1, s. 21, Fla. Const.
21 See Polk Cnty BOCC v. Special Disab ility Trust Fund, 791 So. 2d 581, 583 (Fla. 1st DCA 2001).
22 Lamb By and Through Donaldson v. Volkswagenwerk Aktiengesellschaft, 631 F. Supp. 1144 (S.D. Fla. 1986), judgment aff’d, 835

F.2d 1369 (11th Cir. 1988).
23 Bauld v. J.A. Jones Const. Co., 357 So. 2d 401, 403 (Fla. 1978), quoting Hart v. Bostick, 14 Fla. 162 (1872); Walter Denson & Son v.

Nelson, 88 So. 2d 120 (Fla. 1956).
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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 213 2023

1 A bill to be entitled
2 An act relating to limitation of actions involving
3 real estate appraisers and appraisal management
4 companies; creating s. 95.371, F.S.; providing
5 definitions; specifying limitations periods for
6 certain actions involving real estate appraisers and
7 appraisal management companies; providing
8 construction; providing applicability; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Flor ida:
12
13 Section 1. Section 95.371, Florida Statutes, is created to
14 read:
15 95.371 Actions against real estate appraisers and
16 appraisal management companies.—
17 (1) For purposes of this section, the terms or phrases
18 "appraisal services," "appraisal management company," "appraisal
19 management services," "appraiser," "board," and "department"
20 have the same meanings as in s. 475.611.
21 (2) Notwithstanding any other provision of law, an action
22 for damages or other relief against an appraiser or appraisal
23 management company based on contract, tort, or other legal
24 theory for an act or omission in the performance of appraisal
25 services or appraisal management services may not be brought

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0213-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 213 2023

26 more than 7 years after the date the appraisal services or
27 appraisal management services were performed, or should have
28 been performed.
29 (3) This section does not apply to:
30 (a) An administrative proceeding initiated by the board or
31 department.
32 (b) An action in which it is alleged that an appraiser or
33 appraisal management company committed fraud.
34 Section 2. The statute of repose imposed by this act
35 applies to any action commenced on or after the effective date
36 of this act, except that any action that would not have been
37 barred before the imposition of the statute of repose bu t would
38 become barred by its imposition must be commenced on or before
39 July 1, 2024. If such action is not commenced by July 1, 2024,
40 then the action is barred.
41 Section 3. This act shall take effect July 1, 2023.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0213-01-c1
HB 917
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 917 State Minimum Wage
SPONSOR(S): Yeager
TIED BILLS: IDEN./SIM. BILLS: SB 892

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee

2) Appropriations Committee

3) Commerce Committee

SUMMARY ANALYSIS
The federal Fair Labor Standards Act (FLSA) provides workers with minimum wage, overtime pay, and child
labor protections. The FLSA authorizes the U.S. Secretary of Labor to administer the FLSA provisions,
including workplace inspections, investigations, and enforcement of violations. The current federal minimum
wage rate under the FLSA is $7.25 an hour. Most wage and salary workers are covered by the FLSA. The
FLSA exempts certain employers and employees from the federal minimum wage and overtime requirements,
including minor league baseball players.

Pursuant to the State Constitution, on September 30, 2021, Florida’s minimum wage increased to $10 per
hour. Each year, thereafter, Florida’s minimum wage will increase by $1 until the minimum wage reaches $15
per hour on September 30, 2026. Beginning in 2027, the minimum wage will be adjusted annually for inflation,
as it had from 2005 - 2021.

The Florida Minimum Wage Act (Act) was enacted in 2005 to implement the minimum wage provisions in the
State Constitution. The Act designates the Department of Economic Opportunity (DEO) as the state agency
that implements the minimum wage requirements, and establishes procedures with respect to enforcement of
violations. The Act specifies that:
 Only those individuals entitled to receive the federal minimum wage under the FSLA, and its
implementing regulations, are eligible to receive the state minimum wage.
 Provisions related to federal minimum wage exemptions in the FLSA are considered incorporated into
the Act.

The bill amends the Act to clarify that amendments to the FLSA are incorporated into the Act, aligning Florida’s
minimum wage exemptions with recent amendments to federal exemptions.

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

The bill becomes effective upon becoming a law.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Fair Labor Standards Act

The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with
minimum wage, overtime pay, and child labor protections. 1 In 1938, the FLSA established a minimum
wage of $.25 an hour. The current federal minimum wage rate is $7.25 an hour, which went into effect
July 24, 2009.2 The FLSA applies to employment within any state in the U.S., the District of Columbia
or any territory or possession of the U.S.3

The FLSA covers most private and public sector employees. However, certain employers and
employees are exempt from coverage. For example: individuals with disabilities, youth workers, tipped
workers and executive, administrative and professional workers. The FLSA covers businesses if the
business has annual sales of at least $500,000.4 It also covers certain individual employees if such
employee is engaged in interstate commerce.

Regardless of the dollar amount of revenues of a business, the FLSA applies to:5
 Governments: Federal, state, or local government agencies.
 Hospitals: Hospitals, or institutions primarily engaged in the care of the sick, the aged, or the
mentally ill or disabled who live on the premises (it does not matter if the hospital or institution is
public or private or is operated for profit or not-for-profit).
 Schools: Pre-schools, elementary or secondary schools or institutions of higher learning (e.g.,
college), or a school for mentally or physically handicapped or gifted children (it does not matter
if the school or institution is public or private or operated for profit or not-for-profit).

The FLSA includes several exemptions from the federal minimum wage provisions, including:6
 Executive, administrative and professional employees.
o Teachers and academic administrative personnel in elementary and secondary schools,
outside sales employees, and employees in certain computer-related occupations.
 Employees in certain seasonal amusement or recreational establishments, employees in certain
small newspapers, seamen employed on foreign vessels, employees engaged in fishing
operations, and employees engaged in newspaper delivery;
 Farm workers employed by certain employers;
 Causal babysitters and persons employed as companions for the elderly or infirm;
 Border patrol agents 7; and

1 29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
2 Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview,
https://crsreports.congress.gov/product/pdf/R/R42713#:~:text=The%20Fair%20Labor%20Standards%20Act%20(FLSA)%20provides
%20workers%20with%20min imu m,employees%20are%20exempt%20fro m%20coverage, (last visited Mar. 14, 2023) (The main
FLSA provisions and accompanying Department of Labor (DOL) regulations constitute what is commonly known as federal wage and
hour laws and federal child labor law.).
3 Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview,

https://crsreports.congress.gov/product/pdf/R/R42713#:~:text=The%20Fair%20Labor%20Standards%20Act%2 0(FLSA)%20provides
%20workers%20with%20min imu m,employees%20are%20exempt%20fro m%20coverage, (last visited Mar. 14, 2023) (The FLSA
does not apply to employees working in a foreign country even if the employer has its main office in the U.S.).
4 The size of an enterprise is measured by its “annual sales or business done.” Annual sales or business done includes

all business activities that can be measured in dollars. Thus, retailers are covered by the FLSA if their annual sales are
at least $500,000. Owners of rental properties are covered if they collect at least $500,000 annually in rent. 29 C.F.R.
§§779.258-779.259.
5 U.S. Department of Labor, Fair Labor Standards Act Advisor, https://webapps.dol.gov/elaws/whd/flsa/scope/screen10.asp, (last

visited Mar. 15, 2023).
6 29 U.S.C. § 213 (It also includes separate exemptions from overtime pay.)
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 Baseball players who are compensated pursuant to a contract that provides for a weekly salary
for services performed during the league’s championship season at a rate that is not less than a
weekly salary equal to the minimum wage.

The FLSA was amended in 2014, related to border patrol agents, and again in 2018, to exempt minor
league baseball players who are paid at least $290 per week during the 2018 championship season
from the federal minimum wage rate and overtime pay.8 These two amendments were the only
amendments made to the minimum wage exemptions provisions of the FLSA since Florida passed its
minimum wage law in 2005.9

The FLSA provides that if states enact worker protections, including minimum wage rates, that are
more protective of employees than what is provided by the FLSA, the state law applies. 10
Consequently, no state law may weaken the worker protections in the FLSA. However, state laws that
impose greater worker protections will supersede those in the FLSA.11

Thirty states plus Washington DC, Guam, Puerto Rico, and the Virgin Islands provide a minimum wage
greater than the federal minimum wage. Thirteen states provide a minimum wage that is equal to the
federal minimum wage, five states have not adopted a minimum wage, and two states have a minimum
wage that is below the federal minimum wage.12 For those seven states, the federal minimum wage
applies. But only to those workers covered by the FLSA.

Article X, Section 24 of the Florida Constitution

On November 2, 2004, Floridians voted to amend the Florida Constitution by adding a minimum wage
provision (Section 24) that established the state minimum wage.13 Prior to this date Florida did not have
a law on minimum wage so the FLSA applied for covered workers. Section 24 provides the amount of
the minimum wage and the procedure for calculating increases in the minimum wage. 14

Florida voters again on November 3, 2020, voted to approve a constitutional amendment related to the
state’s minimum wage, Amendment 2, which amended the State Constitution to gradually increase the
state’s minimum wage to $15 an hour by the year 2026. 15 Pursuant to the passage of Amendment 2, on
September 30, 2021, Florida’s minimum wage increased to $10 per hour. Each year, thereafter,
Florida’s minimum wage will increase by $1 until the minimum wage reaches $15 per hour on

7 S.1691 – 113th Congress (2013-2014): Border Patrol Agent Pay Reform Act of 2014, S.1691, 113th Cong, (2014).
8 See Levi Weaver, On Minor-League Pay, MLB’s Stance Doesn’t Line Up with the Facts, ATHLETIC (Apr. 4, 2018),
https://www.theathletic.com/293189/%202018/04/04/on-minor-league-pay-mlbs-stance-doesnt-line-up-with-the-facts// (last visited
March 1, 2023) (recounting salary scale per level of minor league baseball, while noting that the “federally -recognized poverty line is
$12,140 per year for single-individual households .” A not-insignificant percentage of minor league players are able to subsidize their
relatively meager monthly salaries by drawing upon the signing bonuses they received from their MLB clubs when first entering the
professional ranks, bonuses that can range anywhere from $10,000 to several million dollars. “ The top 64 picks [in the MLB draft] last
year all received a bonus of over $1,000,000 before taxes, but roughly 40% of players . . . signed for one -time bonuses of $10,000 or
less”.
9 S. 448.110, F.S., expressly references s. 214 of the FLSA, which addresses employment under special certificates, and s. 213, which

addresses minimum wage exemptions; however, ss. 214 has not been amended since 1989 (see Pub. L. 101–157, § 4(d), Nov. 17,
1989, 103 Stat. 941).
10 29 U.S.C. §218.
11 Congressional Research Service, CRS Report R43792, The Fair Labor Standards Act (FLSA): An Overview, Updated March 2,

2023,
https://crsreports.congress.gov/product/pdf/R/R42713#:~:text=The%20Fair%20Labor%20Standards%20Act%20(F LSA)%20provides
%20workers%20with%20min imu m,employees%20are%20exempt%20fro m%20coverage, (last visited Mar. 14, 2023).
12 U.S. Department of Labor, Consolidated Minimum Wage Table, https://www.dol.gov/agencies/whd/mw-consolidated (last visited

Mar. 15, 2023).
13 Art. X, s. 24., Fla. Const.
14 Art. X, s. 24 (c), Fla. Const.
15 U.S. Department of State, Notice of Increase to State of Florida’s Minimum Wage, https://www.state.gov/wp-

content/uploads/2021/01/2021-01-29-Notice-FL-M inimu m-Wage-Increase.pdf (last visited Mar. 3, 2023).
STORAGE NAME: h0917.RRS PAGE: 3
DATE: 3/20/2023
September 30, 2026.16 Beginning in 2027, the minimum wage will be adjusted annually for inflation, as
it had been done from 2004 - 2021.

Related to minimum wage, the Florida Constitution states that all working Floridians are entitled to be
paid a minimum wage sufficient to provide a decent and healthy life, that protects employers from
unfair, low wage competition; and a minimum wage that does not force working Floridians to rely on
taxpayer-funded public services.17

The Florida Constitution references the FLSA and specifically ties the meaning18 of certain terms,
“Employer,” “Employee” and “Wage,” to have the meanings established under the FLSA and its
implementing regulations.19 It also indicates that that case law, administrative interpretations, and other
guiding standards developed under the federal FLSA must guide the construction of Florida’s
Constitution related to Section 24 and any implementing statutes or regulations.20

Florida Minimum Wage Act

The Florida Minimum Wage Act (Act) was enacted in 2005 to implement the minimum wage provisions
in the State Constitution.21 The Act designates the Department of Economic Opportunity (DEO) as the
state agency that implements the minimum wage requirements, establishes procedures with respect to
civil actions alleging violations, and provides that it is the exclusive remedy under state law for
violations of Section 24.22

The Act provides that effective May 2, 2005, employers are required to pay employees a minimum
wage at an hourly rate of $6.15 for all hours worked in Florida. Only those individuals entitled to receive
the federal minimum wage under the FSLA and its implementing regulations are eligible to receive the
state minimum wage pursuant to the State Constitution and this statute. The provisions of ss. 213 and
214 of the federal Fair Labor Standards Act, as interpreted by applicable federal regulations and
implemented by the Secretary of Labor, are incorporated by reference.23

The Act requires DEO to calculate an adjusted state minimum wage rate, and requires the Department
of Revenue (DOR) and DEO to annually publish the amount of the adjusted state minimum wage and
the effective date on their websites. The Act authorizes persons to file a complaint or inform any person
of his or her potential rights pursuant to Section 24 regarding unpaid wages.24 The Act also authorizes
the Attorney General (AG) to bring a civil action to enforce these provisions. The AG may seek
injunctive relief, and for willful violations, may seek to impose a fine of $1,000 per violation, payable to
the state.25

As it relates to the federal minimum wage and the FLSA, the Act specifies that:26
 Only those individuals entitled to receive the federal minimum wage under the FSLA, and its
implementing regulations, are eligible to receive the state minimum wage; and
 Provisions related to federal minimum wage exemptions in the FLSA are considered
incorporated in the Act.

16 Department of Economic Opportunity, Florida’s Minimum Wage, https://floridajobs.org/docs /default-source/business-growth-and-

partnerships/for-employers/posters-and-required-notices/2022-minimum-wage/2022-florida-minimu m-wage-
announcement.pdf?sfvrsn=961754b0_2 (last visited Mar. 3, 2023).
17 Art. X, s. 24 (a), Fla. Const.
18 In re Advisory Opinion to the Atty. Gen. re Fla. Minimum Wage Amend., 880 So. 2d 636, 641–42 (Fla. 2004) (“the proposed

amendment does not state that it is adopting the FLSA's definition of the term “employee,” but provides that it is adopting the meaning
of the term “employee,” which is a much broader concept.”).
19 Art. X, s. 24(b), Fla. Const.
20 Art. X, s. 24(f), Fla. Const.
21 Ch. 2005-353, Laws of Fla., codified in s. 448.110, F.S.
22 S. 448.110(10), F.S.
23 S. 448.110(3), F.S.
24 S. 448.110(6), F.S.
25 S. 448.110(7), F.S.
26 S. 448.110(3), F.S.
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DATE: 3/20/2023
Professional Baseball in Florida

Currently, there are 12 minor league baseball teams that are affiliated with Major League Baseball
(MLB) in Florida. There are approximately 500 players currently rostered, employed, and being paid by
the 12 Florida Minor League Baseball teams.27 Additionally, 15 MLB teams conduct major and minor
league spring training in Florida at thirteen different spring training facilities, a decrease from 18 teams
in 2008 and 16 teams in 2009. The Cleveland Indians (previously playing at Winter Haven), Los
Angeles Dodgers (Vero Beach) and Cincinnati Reds (Sarasota) have all moved to Arizona in recent
years.28 Two teams that play in the MLB, the Miami Marlins and the Tampa Bay Rays, are permanently
located in Florida.

The main baseball season runs from early April to early October with teams typically playing six days a
week. There are also play-offs which take place at the end of the normal season for the top ranking
teams. The main season is preceded by spring training which typically starts around the middle of
February. Many of Florida’s baseball parks host other MLB teams every Spring as part of the Grapefruit
League Spring Training season. According to a 2018 economic impact study, the 2018 Florida
Grapefruit League generated an economic impact of approximately $687 million, $348 million in direct
spending, 7,152 jobs, and $253 million in earned wages, for the State of Florida.29

According to the industry, baseball players hours vary widely based on a number of factors, which can
vary. Players often perform extra activities, work longer hours than regularly scheduled, and perform
different activities than their teammates.30 As a result, the MLB has argued that the nature of the sport
stymies conventional attempts at categorizing “work hours.” 31

Recently, MLB agreed to pay $185 million to current and former minor league baseball players to settle
a federal class action lawsuit in California alleging violations of minimum wage laws.32 In the lawsuit,
the players sued MLB and the MLB Clubs claiming they failed to pay the players minimum wage and
overtime pay in violation of the FLSA and state wage-and-hour laws in California, Arizona and Florida.

MLB also agreed to rescind any prohibitions against teams paying wages to minor league players
outside of the season, and committed to issuing a memorandum advising their clubs to compensate
minor leaguers in compliance with wage-and-hour laws in effect in Arizona and Florida during spring
training, extended spring training, instructional leagues, and the championship season in those states,
including any minimum wage laws that apply.33

The Court held the final approval hearing related to the settlement on February 17, 2023. A late filed
motion to object to the settlement was filed and the Court has taken the motion under consideration. A
ruling is not expected until late March 2023.34

Effect of Proposed Changes

27 See Michael Avallone, Then and now: Florida State League, MiLB.com, https://www.milb.com/news/florida-state-league-overview
(last visited March 3, 2023).
28 FloridaReview.co.uk, FLORIDA SPRING TRAINING 2023, https://floridareview.co.uk/florida-events/florida-spring-training (last

visited Mar. 15, 2023).
29 Florida Sports Foundation, 2018 MLB SPRING TRAINING ECONOMIC IMPACT STUDY, http://playinflorida.com/wp-

content/uploads/2018/08/GFL-IS-Page-by-Page-Booklet-spread.pdf (last visited Mar. 15, 2023).
30 Bleacher Report, Pregame Routines: A Typical Day in the Life of a Professional Baseball Player,

https://bleacherreport.com/articles/1061824-pregame -routines-a-typical-day-in-the-life-of-a-professional-baseball-player (last visited
Mar. 15, 2023).
31 Pew Trusts, Baseball Players Press Lawmakers for Minor League Labor Standard s, https://www.pewtrusts.org/en/research-and-

analysis/blogs/stateline/2022/03/30/baseball-players-press-lawmakers-for-minor-league-labor-standards (last visited Mar. 19, 2023).
32 Aaron Senne et al vs. Office of the Commissioner of Baseball et al ., Civil Case No. 14-cv-00608.
33 NBC News, MLB settles minor league players' wage-and-hour class action suit for $185 million,

https://www.nbcnews.com/news/us-news/mlb-settles-minor-league-players-wage-hour-class-action-suit-185-milli-rcna38554 (last
visited Mar. 15, 2023).
34 JND Legal Administration, WELCOME TO THE SENNE V. OFFICE OF THE COMMISSIONER OF BASEBALL SETTLEMENT

WEBSITE, https://www.baseballplayerwagecase.com/ (last visited Mar. 15, 2023).
STORAGE NAME: h0917.RRS PAGE: 5
DATE: 3/20/2023
The bill amends the Act to incorporate amendments to the FLSA into the Act, aligning Florida’s
minimum wage exemptions with federal exemptions.

Specifically, the bill:
 Deletes an unnecessary date;
 Adds “as amended” to the reference to the FLSA; and
 Provides that this specific amendment to the Act is intended to “clarify existing law.”

B. SECTION DIRECTORY:
Section 1: Amends s. 448.110, F.S., relating to state minimum wage; annual wage adjustment;
enforcement.

Section 2: Provides applicability.

Section 3: Provides an effective date of upon becoming law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
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 effect on salaries paid to minor league baseball players.

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.

STORAGE NAME: h0917.RRS PAGE: 6
DATE: 3/20/2023
2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 3/20/2023
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 917 2023

1 A bill to be entitled
2 An act relating to the state minimum wage; amending s.
3 448.110, F.S.; providing that the state minimum wage
4 only applies to individuals who are entitled to
5 receive the federal minimum wage under the federal
6 Fair Labor Standards Act, as amended; providing
7 applicability; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (3) of section 448.110, Florida
12 Statutes, is amended to read:
13 448.110 State minimum wage; annual wage adjustment;
14 enforcement.—
15 (3) Effective May 2, 2005, Employers shall pay employees a
16 minimum wage at an hourly rate of $6.15 for all hours worked in
17 Florida. Only those individuals entitled to receive the federal
18 minimum wage under the federal Fair Labor Standards Act , as
19 amended, and its implementing regulations shall be eligible to
20 receive the state minimum wage pursuant to s. 24, Art. X of the
21 State Constitution and this section. The provisions of ss. 213
22 and 214 of the federal Fair Labor Standards Act, as interpreted
23 by applicable federal regulations and implemented by the
24 Secretary of Labor, are incorporated herein.
25 Section 2. The amendments to s. 448.110, Florida Statutes,

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0917-00
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 917 2023

26 in this act are intended to clarify existing law.
27 Section 3. This act shall take effect upon becoming a law.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0917-00
HB 941
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 941 Authorization of Restriction Concerning Dogs
SPONSOR(S): Busatta Cabrera
TIED BILLS: IDEN./SIM. BILLS: SB 942

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Local Administration, Federal Affairs & Special 18 Y, 0 N Burgess Darden
Districts Subcommittee

2) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee

3) State Affairs Committee

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

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

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

The bill authorizes PHAs to adopt policies imposing restrictions or additional requirements on owners of dogs
deemed dangerous, as defined by Florida law. The bill further allows PHAs to develop procedures or criteria to
aid in the implementation of these policies.

The bill expands the general restriction on local governments from adopting breed-specific regulations to
include a prohibition on regulations based on size or weight of the dog. The bill also removes the current
exception that allowed local ordinances adopted prior to October 1, 1990 to regulate based on breed, bringing
such ordinances under the current requirements of the statute.

This bill is projected to have no fiscal impact.

The bill provides an effective date of October 1, 2023.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0941b.RRS
DATE: 3/20/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Present Situation

Creation of Housing Authorities

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

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

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

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

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

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

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

consideration the following: the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to
the inhabitants, the size and arrangements of the rooms, the sanitary facilities, and the extent to which conditions exist in such buildings
which endanger life or property by fire or other causes. S. 421.04(2)(b), F.S.
5 S. 421.27(2), F.S.
6 S. 421.28(1), F.S.

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DATE: 3/20/2023
 A regional housing authority would be a more efficient or economical administrative unit than
the housing authority of such county to carry out the purposes of this Housing Authorities Law in
such county.7

Powers of Housing Authorities

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

Public Housing Authority Agency Plans

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

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

Currently, some PHAs include provisions in their policies prohibiting pets based on breed, behavior, or
training of the pet.11 However, some regulations based on breed do not depend on a finding that the pet
is vicious or dangerous. Additionally, the definition of “dangerous dog” under Florida law is not uniformly
applied in all PHA policies.12

Local Restrictions Regarding Dangerous Dogs

Local governments may adopt ordinances to address safety and welfare concerns stemming from dog
attacks on people or domestic animals, placing restrictions and additional requirements on owners of
dangerous dogs, provided that no regulations may be breed specific. 13 Ordinances adopted prior to
October 1, 1990, are exempt from these statutory requirements. 14

Florida law defines a “dangerous dog” as any dog that according to the records of the appropriate
authority:15
 Has aggressively bitten, attacked, or endangered or inflicted severe injury16 on a human being
on public or private property;

7 S. 421.28(3), F.S.; No governing body shall adopt a resolution of this kind unless a public hearing has first been held. S. 4 21.29(7),

F.S.
8 S. 421.08(6), F.S.
9 42 U.S.C.A. s.1437c-1; See also 24 C.F.R. s. 903.7(n) (The policies must be in accordance with section 31 of the 1937 Act (42

U.S.C. s. 1437z-3)).
10 Classifications must comply with state and local law. 24 C.F.R. s. 960.707(b)(3).
11 See e.g., Tampa Housing Authority, https://www.thafl.com/Departments/Real -Estate-Development/library/PHA-PLAN.pdf (last visited

Mar. 8, 2023) (forbidding “Pets of a known vicious or dangerous disposition, i.e. Pit bulls, Doberman pinchers”); St. Petersb urg Housing
Authority, https://www.stpeteha.org/plugins/show_image.php?id=1912 (last visited Mar. 8, 2023) (prohibiting “any animal deeme d to be
potentially harmful to the health or safety of others, including attack or fight trained dogs . . . certain breed s may be prohibited at the
discretion of [St. Petersburg Housing Authority]”); Key West Housing Authority,
https://www.kwha.org/egov/documents/1614973714_73249.pdf, Chapter 10: Pet Policy, p. 3 (last visited Mar. 8, 2023) (prohibiting
“vicious or intimidating pets. Dog breeds including pitbull, rottweiler, Doberman, are considered vicious or intimidating bre eds”).
12 See S. 767.11(1), F.S.
13 A local government may only enact additional restrictions or requirements on the owners of dogs who have already been declared

“dangerous” as defined in s. 767.11, F.S. This section does not authorize or prohibit additional restrictions or requirements on owners of
dogs who have not been declared “dangerous.” Hoesch v. Broward County, 53 So. 3d 1177 (Fla. 4th DCA 2011).
14 S. 767.14, F.S.; Because of the 1990 grandfather provision, Miami-Dade County and the City of Sunrise are local governments in

Florida with breed specific ordinances currently in effect. Miami-Dade County Ord. No. 89-22, § 2, 4-4-89; City of Sunrise Ord. No. 251-
A, § 2(4-17), 5-2-89. Miami-Dade’s ordinance provides that pit bull dogs are banned from purchase, from being brought into Miami -
Dade County, or otherwise acquired and regulated due to unique history, nature and characteristics which require special regulation.
Miami-Dade County Ord. No. 89-22, § 2, 4-4-89.
15 Local governments may not alter the statutory definition of “dangerous dog.” See Hoesch, 53 So. 3d at 1180-1181.
16 “Severe injury” is defined as any physical injury resulting in broken bones, multiple bites, or disfiguring lacerations requiring sutures or

reconstructive surgery. S. 767.11(3), F.S.
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DATE: 3/20/2023
 Has more than once severely injured or killed a domestic animal while off the owner’s property;
or
 Has, when unprovoked17, chased or approached a person upon the streets, sidewalks, or any
public grounds in a menacing fashion or apparent attitude of attack, provided that such actions
are attested to in a sworn statement by one or more persons and dutifully investigated by the
appropriate authority.18

Process for Classification of Dogs as Dangerous
An animal control officer19 is typically the person who would investigate an incident involving a dog. In
areas unserved by an animal control authority,20 the sheriff assumes the duties required of an animal
control officer.21

Upon receiving a report of a potentially dangerous dog, the animal control authority must investigate the
incident, interview the owner, and require a sworn affidavit from any person who seeks to have a dog
classified as dangerous.22 An animal that is the subject of a dangerous dog investigation because of
severe injury to a human being may be immediately confiscated by an animal control authority, placed
in quarantine, if necessary, for the proper length of time, or impounded and held. 23 A dog that is being
investigated as a dangerous dog that is not impounded with the animal control authority must be
humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome
of the investigation.24

The animal control authority may not declare a dog as dangerous if:
The injured person was unlawfully on the property, or if lawfully on the property was tormenting,
abusing, or assaulting the dog or its owner or a family member; or
The dog was protecting a person within the immediate vicinity of the dog from an unjustified attack or
assault.25

After investigating, the animal control authority must initially determine whether sufficient cause exists
to classify the dog as dangerous and if sufficient cause is found, provide the owner an opportunity for a
hearing before making a final determination regarding the classification or penalty. 26 The animal control
authority must provide written notice of sufficient cause and proposed penalty to the owner by
registered mail, certified hand delivery, or service in conformity with how service of process is made.

The owner has seven calendar days from receiving the notice to file a written request for a hearing. The
hearing officer must hold the hearing as soon as possible, no more than 21 calendar days, and no
sooner than five days after receiving the request for hearing.27 If a hearing is not timely requested the
authority’s determination becomes final.

Within 14 days after the classification as a dangerous dog by the animal control authority, the owner
must register the dog with the animal control authority and renew the certification annually. Vaccination,
enclosure, warning sign, and identification requirements must then be followed. The owner must
immediately notify the animal control authority if the dog is loose, bites or attacks a person or another
animal, or if there is any other change in status. A dangerous dog must remain in its enclosure at all
17“Unprovoked” is defined as a victim who conducted himself or herself peacefully and l awfully was bitten or chased in a menacing

fashion or attacked by a dog. S. 767.11(2), F.S.
18 S. 767.11(1), F.S.
19
“Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose
of aiding in the enforcement of this act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure
and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part
include assignments that involve seizure and impoundment of any animal. See s. 767.11(6), F.S.
20 “Animal control authority” means an entity acting alone or in concert with other local governmental units and authorized by t hem to

enforce the animal control law of the city, county, or state. See s. 767.11(5), F.S.
21 Section 767.11(5) and (6), F.S.
22 Section 767.12(1), F.S.
23 Section 767.12(1)(a), F.S.
24 Section 767.12(1)(b), F.S.
25 Section 767.12(2)(a-b), F.S.
26 Section 767.12(3), F.S.
27 Section 767.12(3), F.S.

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DATE: 3/20/2023
times unless it is muzzled and restrained by a chain or leash. Any violation of these requirements is a
noncriminal infraction publishable by a fine, not to exceed $500.28

In addition to civil penalties, the owner of a dangerous dog can be charged with the following criminal
violations:
1st degree misdemeanor if the dog has previously been declared “dangerous” and it attacks or bites a
person or domestic animal without provocation.29
2nd degree misdemeanor if the dog has not previously been declared “dangerous” but causes severe
injury to or death of any human and the owner had prior knowledge of, but recklessly disregarded,
the dog’s dangerous propensities.30
3 degree felony if the dog has previously been declared “dangerous” and it attacks and causes severe
rd

injury to or death of any human.31

Effect of Proposed Changes

The bill adds size and weight to the prohibited dog characteristics which a local government may not
use to regulate dogs in their jurisdiction. The bill removes the exemption for local ordinances adopted
prior to October 1, 1990, requiring those ordinances to comply with these statutory restrictions.

The bill authorizes PHAs to adopt policies imposing restrictions or additional requirements on owners of
dogs as long as such requirements are not specific to breed, weight, or size, and specifically allows the
adoption of restrictions on owners of dogs that have been deemed dangerous, as defined by Florida
law. The bill authorizes PHAs to develop procedures or criteria to aid in the implementation of these
policies.

B. SECTION DIRECTORY:
Section 1: Amends s. 767.14, F.S., concerning the authorization of additional local restrictions
related to dangerous dogs.

Section 2: Provides an effective date of October 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:

28 Section 767.12 (7), F.S.
29 Section 676.13(1), F.S.
30 Section 767.136(1), F.S.
31 Section 767.13(2), F.S.

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DATE: 3/20/2023
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill neither requires nor authorizes administrative rulemaking by executive agencies.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.

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

HB 941 2023

1 A bill to be entitled
2 An act relating to the authorization of restrictions
3 concerning dogs; amending s. 767.14, F.S.; authorizing
4 public housing authorities to adopt certain policies
5 relating to dogs; restricting the types of ordinances
6 and policies that may be adopted; removing an
7 exemption for local breed-specific ordinances adopted
8 before a specified date; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 767.14, Florida Statutes, is amended to
13 read:
14 767.14 Additional local restrictions authorized.—This act
15 does not limit any local government or public housing authority
16 from adopting an ordinance or a policy, respectively, to address
17 the safety and welfare concerns caused by attacks on persons or
18 domestic animals, placing further restrictions or additional
19 requirements on owners of dogs that have bitten or attacked
20 persons or domestic animals, or developing procedures and
21 criteria for the implementation of this act, provided that no
22 such regulation is specific to breed, weight, or size and that
23 the provisions of this act are not lessened by such additional
24 regulations or requirements. This section does not apply to any
25 local ordinance adopted prior to October 1, 1990.

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HB 941 2023

26 Section 2. This act shall take effect October 1, 2023.

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hb0941-00
HB 947
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS

BILL #: HB 947 Manatee County
SPONSOR(S): Robinson, W.
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Local Administration, Federal Affairs & Special 17 Y, 0 N Mwakyanjala Darden
Districts Subcommittee

2) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

3) State Affairs Committee

SUMMARY ANALYSIS
The Florida Constitution requires the state to be divided into counties and recognizes two types of county
governments: those operating under a county charter and those without a charter. Non-charter county
governments have the power of self-government as is provided by general or special law. However, an
ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of
such conflict.

Manatee County is located on the Florida Gulf Coast and is home to Anna Maria Island. Within Anna Maria
Island are three municipalities: Anna Maria, Bradenton Beach, and Holmes Beach. There are tensions
between the City of Holmes Beach and Manatee County revolving around public parking and the potential
need for a parking garage within Holmes Beach. Holmes Beach has recently passed an ordinance prohibiting
multi-level parking facilities within the boundaries of the city.

The bill authorizes Manatee County to construct one parking facility within the City of Holmes Beach. The bill
provides specifications for certain aspects of the parking garage and allows the county to issue necessary
permit for its construction.

The Economic Impact Statement (EIS) filled with the bill states that the estimated cost for the parking garage
will be $45 million for the construction of the parking garage in the first fiscal year and $400,000 in the second
fiscal year for annual maintenance.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0947b.RRS
DATE: 3/20/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Non-Charter Counties

The Florida Constitution requires the Legislature to divide the state into counties. 1 The Florida
Constitution recognizes two types of county governments: those operating under a county charter and
those without a charter.2 Non-charter county governments have the power of self-government as is
provided by general or special law.3 The board of county commissioners of a non-charter county may
enact, in a manner prescribed by general law, county ordinances not inconsistent with general or
special law. However, a county ordinance in conflict with a municipal ordinance shall not be effective
within the municipality to the extent of such conflict. 4 Manatee County is a non-charter county.5

Anna Maria Island Parking Issues

Anna Maria Island is an island located within Manatee County that is home to three municipalities:
Anna Maria, Bradenton Beach, and Holmes Beach.6 Recent years have seen tensions between the city
of Holmes Beach and the county revolving around parking availability on Anna Maria Island, specifically
the Holmes Beach portion of the island. The main issue revolves around the county-owned Manatee
Public Beach. County officials claim that there is insufficient available parking in Holmes Beach to
accommodate tourists and nonresident travel to the island and Manatee Public Beach.7 County officials
estimate that available public parking spaces has decreased from 2,400 parking spaces before the
pandemic to 1,260 available public parking spaces today. Of the reduced spaces, 640 have been
converted from spaces available to the general public to ones that require a permit. The overall
reduction was due to various reclassifications of neighborhood parking and the elimination of street
spaces.

In April 2022, discussions were held between the City of Holmes Beach, Manatee County officials, and
members of the Manatee County state legislative delegation with the hope of resolving the issue. 8 A
few weeks after the meeting, the City of Holmes Beach passed an ordinance restricting multi-level
parking facilities within the city.9

Effect of Proposed Changes

The bill authorizes Manatee County, notwithstanding any law, local ordinance, or local regulation, to
construct a parking facility within the City of Holmes Beach. The bill allows the County to issue a permit
for construction of a parking facility. The parking facility may not exceed 36 feet, except for elevator
shafts, flag poles, heating and air conditioning, solar collectors, and other similar equipment. The bill
requires any rooftop features of the garage to cover no more than one-third of the garage’s total area

1
Art. VIII, s. 1(a), Fla. Const.
2 Art. VIII, s. 1(f)-(g), Fla. Const.
3
Art. VIII, s. 1(f), Fla. Const.
4 Art. VIII, s. 1(f), Fla. Const.
5 Fla. Assoc. of Counties, Charter County Information, https://www.fl-counties.com/about-floridas-counties/charter-county-information/

(last visited Mar. 12, 2023).
6 Anna Maria Vacations, What are the Differences Between Anna Maria, Holmes Beach, and Brade nton?, available at

https://www.annamaria.com/three-ami-cities-anna-maria-holmes-beach-
bradenton/#:~:text=Anna%20Maria%20Island%20is%20made,features%20that%20make%20them%20unique. (last visited Mar. 12,
2023).
7 Florida Politics, Are parking woes the start of an existential crisis for Holmes Beach?, available at

https://floridapolitics.com/archives/587626-are-parking-woes-the-start-of-an-existential-crisis-for-holmes-beach/ (last visited Mar. 12,
2023).
8 Id.
9 City of Holmes Beach, Ordinance No. 22-14.

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and to set back one foot from the edge of the foot for every foot the feature extends above the roof’s
surface.

The parking facility must be located in a public park managed by the county. The facility may also
include certain amenities, including public sanitary facilities, retail and dining establishments, and other
recreational and entertainment amenities. The bill allows the county to issue permits for the
construction of the parking facility and any other structure build pursuant to the provisions of the bill.

The Economic Impact Statement (EIS) filled with the bill states that the estimated cost for the parking
garage will be $45 million for the construction of the parking garage in the first fiscal year and $400,000
in the second fiscal year for annual maintenance. The estimate cost for construction is based on a
minimum of 1500 parking spots at $30,000 per spot.

B. SECTION DIRECTORY:
Section 1: Authorizes Manatee County to construct one parking facility within the City of Holmes
Beach.

Section 2: Provides that the bill shall take effect upon becoming a law.

II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS

A. NOTICE PUBLISHED? Yes [X] No []

IF YES, WHEN? January 19, 2023.

WHERE? The Bradenton Herald, a daily newspaper published in Manatee County, Florida.

B. REFERENDUM(S) REQUIRED? Yes [] No [X]

IF YES, WHEN?

C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []

D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []

III. COMMENTS

A. CONSTITUTIONAL ISSUES:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.

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

HB 947 2023

1 A bill to be entitled
2 An act relating to Manatee County; authorizing the
3 county to construct a certain parking facility and
4 amenities within the territorial boundaries of the
5 City of Holmes Beach under certain circumstances;
6 requiring a permit for such construction to be issued
7 by the county; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Notwithstanding any law, local ordinance, or
12 local regulation to the contrary, Manatee County may, as the
13 board of county commissioners deems necessary for public health,
14 safety, and welfare, construct one parking facility within the
15 territorial boundaries of the City of Holmes Beach. The parking
16 facility may not exceed a height of 36 feet as measured from the
17 crown of the road at the front center of the property to the
18 highest point of any portion of the building. Exempt from the
19 height limitations set forth in this act are elevator s hafts;
20 flagpoles and similar devices; and heating and air conditioning,
21 solar collectors, and similar equipment with appropriate
22 screening. Not more than one-third of the total roof area may be
23 consumed by such features. Such features must be set back from
24 the edge of the roof a minimum distance of 1 foot for every foot
25 by which such features extend above the roof surface of the

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HB 947 2023

26 principal building to which they are attached. The parking
27 facility must be located in a public park managed by the county
28 and may include on its premises amenities, including public
29 sanitary facilities, retail and dining establishments, and other
30 recreational and entertainment amenities. A permit for the
31 construction of a parking facility and any other structure
32 pursuant to this act must be issued by the county.
33 Section 2. This act shall take effect upon becoming a law.

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hb0947-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 947 by Rep. Robinson, W.
Manatee County

AMENDMENT SUMMARY
March 22, 2023

Amendment 1 by Rep. Robinson, W. (Line 15):
• Allows Manatee County to construct one parking facility within the City of Holmes Beach
without obtaining any permit, approval, consent, or letter of no objection from the City of
Holmes Beach.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 947 (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
6 Remove line 15 and insert:
7 territorial boundaries of the City of Holmes Beach, without
8 obtaining any permit, approval, consent, or letter of no
9 objection from the City of Holmes Beach. The parking

211127 - h0947-line15.docx
Published On: 3/21/2023 6:50:25 PM
Page 1 of 1
HB 1117
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1117 Medical Treatment of Animals
SPONSOR(S): Buchanan
TIED BILLS: IDEN./SIM. BILLS: SB 554, SB 1600

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.

Current law defines a “veterinarian/client/patient relationship” (VCPR) as one in which a veterinarian has
assumed responsibility for making medical judgments about the health of an animal and its need for medical
treatment. Veterinarians are permitted to prescribe drugs in the course of veterinary practice; however, the
veterinarian must be either personally acquainted with the keeping and caring of the animal and have recently
seen the animal, or have made medically appropriate and timely visits to the premises where the animal is kept
before prescribing drugs in the course of practice.

The use of electronic communications to facilitate patient health care (telemedicine) is not addressed in the
practice act and is not specifically prohibited or authorized in Florida. However, medical doctors may practice
telemedicine in Florida and may establish a patient relationship with a patient evaluation via telemedicine
under certain circumstances.

The bill creates an act cited as the Providing Equity in Telemedicine Services (PETS) Act, which establishes a
framework for the practice of veterinary telemedicine as follows:
 Authorizes a veterinarian practicing veterinary telemedicine to order, prescribe, or make available
medicinal drugs or drugs defined in ch. 465, F.S., the Florida Pharmacy Act.
 Limits a veterinarian’s authority to prescribe controlled substances while practicing telemedicine to
situations where the veterinarian has previously performed an in-person physical examination or made
medically appropriate and timely visits to the premises where the animal is kept.
 Allows veterinarians who are personally acquainted with the caring or keeping of an animal or group of
animals for food-producing animal operations, who has recently seen the animal(s) or has made
medically appropriate and timely visits to practice telemedicine for these animal(s).
 Specifies that only Florida licensed veterinarians may practice veterinary telemedicine, and grants the
Board jurisdiction over the practice of veterinary telemedicine.
 Allows an animal control authority under the “indirect supervision” of a veterinarian to administer rabies
vaccinations.

The bill is not expected to have a fiscal impact on state or local government, and may have a positive fiscal
impact on the private sector.

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: h1117.RRS
DATE: 3/20/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Practice of Veterinary Medicine

The Board of Veterinary Medicine (Board) in the Department of Business and Professional Regulation
(DBPR) implements 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 practices to protect public health and safety.1

A “veterinarian” is a health care practitioner licensed by the Board to engage in the practice of
veterinary medicine in Florida2 and they are subject to disciplinary action from the Board for various
violations of the practice act.3

The practice of “veterinary medicine” 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.

The practice act does not apply to the following categories of persons:
 Veterinary aides, nurses, laboratory technicians, preceptors,7 or other employees of a licensed
veterinarian, who administer medication or provide help or support under the responsible
supervision8 of a licensed veterinarian;
 Certain non-Florida licensed veterinarians who are consulting upon request of a Florida-licensed
veterinarian on the treatment of a specific animal or on the treatment on a specific case of the
animals of a single owner.
 Faculty veterinarians when they have assigned teaching duties at accredited 9 institutions;

1 S. 474.201, F.S.
2 S. 474.202(11), F.S.
3 Ss. 474.213 & 474.214, 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. S. 474.202(1), F.S., 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 standards of excellence in animal

reproduction. See https://www.therio.org/ (last visited Mar. 6, 2023).
7 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 Mar. 6, 2023).
8 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.
9 Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be grante d by the American Veterinary Medical

Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
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 Certain graduated 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 United States
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 10 that conduct experiments and scientific research on animals as part
of the development of pharmaceuticals, biologicals, serums, or treatment methods of treatment
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. 11

Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
permit issued by DBPR.12 Each person to whom a veterinary license or premises permit is issued must
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. 13

By virtue of accepting a license to practice veterinary medicine in Florida, a veterinarian consents to:
 Render a handwriting sample to an agent of the department and, further, to have waived any
objections to its use as evidence against her or him.
 Waive the confidentiality and authorize the preparation and release of medical reports
pertaining to the mental or physical condition of the licensee when the department has reason
to believe that a violation of this chapter has occurred and when the department issues an
order, based on the need for additional information, to produce such medical reports for the time
period relevant to the complaint.14

For Fiscal Year 2020-2021, there were 12,156 actively licensed veterinarians in Florida. DBPR
received 472 complaints, which resulted in 17 disciplinary actions.15

Veterinarian/Client/Patient Relationship

The practice act defines a “patient” as any animal for which the veterinarian practices veterinary
medicine.16

The practice act defines a “veterinarian/client/patient relationship” (VCPR) as one in which a
veterinarian has assumed responsibility for making medical judgments about the health of an animal
and its need for medical treatment.17

Veterinarians are permitted to prescribe drugs in the course of veterinary practice, but may be
disciplined by the Board for certain related violations, including ordering, prescribing, or making
available medicinal drugs or drugs 18 or controlled substances 19 for use other than for the specific
treatment of animal patients for which there is a documented VCPR and without:

10 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institution s, 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 ....”
11 See s. 474.203, F.S.
12 S. 474.215(1), F.S.
13 S. 474.216, F.S.
14 S. 474.2185, F.S.
15 Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 2020 -2021,

http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY2021.pdf (last visited Mar. 6, 2023).
16 S. 474.202(8), F.S.
17 S. 474.202(12), F.S.
18 S. 465.003(8), F.S.
19 S. 893.02(4), F.S.
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 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 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;
 Being available to provide for follow-up care and treatment in case of adverse reactions or
failure of the regimen of therapy; and
 Maintaining records which document patient visits, diagnosis, treatment, and other relevant
information required under the practice act.20

Veterinary Telemedicine

The use of electronic communications to facilitate patient health care (telemedicine) is not addressed in
the practice act and is not specifically prohibited or authorized for practitioners of veterinary medicine in
Florida.21

Veterinary Telemedicine During the Pandemic

On March 24, 2020, the U.S. Food and Drug Administration (FDA) announced that it would temporarily
suspend enforcement of certain prescription limitations in order to allow veterinarians to better utilize
telemedicine to address animal health needs during the COVID-19 pandemic. Specifically, the FDA
provided guidance related to suspending the enforcement of the animal examination and premises visit
VCPR requirements relevant to FDA regulations governing Extra-label Drug Use in Animals22 and
Veterinary Feed Directive Drugs.23 This allowed veterinarians to prescribe or authorize the use of
drugs without direct examination or making visits to patients, in an effort to limit human-to-human
interaction and potential spread of COVID-19 in the community.24

According to the FDA, veterinarians are licensed by their state veterinary licensing board and must
meet the requirements of the licensing board to practice in that state. FDA regulates the devices and
drugs that veterinarians use, and the conditions under which veterinarians may prescribe drugs for
extra-label uses. When an approved drug is used in a manner other than what is stated on the label, it
is an extra-label use. This is commonly called an “off-label” use because the drug is used in a way that
is “off the label.”25

On March 27, 2020, DBPR issued emergency order EO 2020-04, which suspended any restriction of
ch. 474, F.S., or ch. 61G-18, F.A.C., which would prohibit an active Florida-licensed veterinarian from
practicing telemedicine on a patient. The order specified that attending veterinarians must be
comfortable assessing the patient remotely and feel able to exercise good clinical judgment to assist
the patient.26
The FDA withdrew its temporary guidance suspending the enforcement of the animal examination and
premises visit VCPR requirements on February 21, 2023.27

DBPR’s emergency order allowing Florida-licensed veterinarians to practice telemedicine ended with

20 S. 474.214(1)(y)., F.S.
21 R. 64B8-9.0141, F.A.C. Currently, medical doctors may practice telemedicine in Florida in a patient relationship with a patient
evaluation, under certain circumstances.
22 21 C.F.R. part 530.
23 21 C.F.R. s. 558.6.
24 U.S. Food and Drug Administration, Coronavirus (COVID-19) Update: FDA Helps Facilitate Veterinary Telemedicine During

Pandemic, https://www.fda.gov/news -events/press-announcements/coronavirus -covid-19-update-fda-helps-facilitate-veterinary-
telemedicine-during-pandemic (last visited Mar. 6, 2023).
25 .S. Food and Drug Administration, What FDA Does and Does Not Regulate, https://www.fda.gov/animal-veterinary/animal-health-

literacy/what-fda-does-and-does-not-regulate#top (last visited Mar. 6, 2023).
26 Department of Business and Professional Regulation, Emergency Order EO 2020-04, Mar. 27, 2020,

http://www.myfloridalicense.com/dbpr/os/documents/EO_2020 -04.pdf (last visited Mar. 6, 2023).
27 87 C.F.R. 78111.
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the expiration of Florida’s COVID-19 state of emergency (EO 20-52) on Saturday June 26, 2021.28

Veterinary Telemedicine in Other States

The use of telemedicine by veterinarians varies by state. Some states allow telemedicine to be used at
the veterinarian’s discretion, others allow it after the establishment of a VCPR, some do not allow it at
all, and others limit telemedicine for purposes of prescribing medication or controlled substances.

According to the Veterinary Virtual Care Association, state laws relating to veterinary telemedicine
generally fall within the following categories: six states either enable vets to use telemedicine to
establish a VCPR or have no VCPR; seven states require the provider to have “recently seen” or
become “acquainted with” the animal; 25 states require an examination or a physical examination for a
VCPR; and 10 states expressly prohibit using telemedicine to establish a VCPR. Florida is not included
among these categories.29

Virginia allows veterinarians to practice telemedicine. In addition, it allows a veterinarian who performs
or has performed an appropriate examination of a patient to prescribe certain controlled substances to
a patient via the practice of telemedicine. The Virginia Board of Veterinary Medicine adopted guidance
effective September 17, 2020, for telehealth in the practice of veterinary medicine, which indicates that:

“Using telehealth technologies in veterinary practice is considered a method of service
delivery. The current, applicable regulations apply to all methods of service delivery,
including telehealth. The licensee is responsible for using professional judgment to
determine if the type of service can be delivered via telehealth at the same standard of care
as in-person service.”30

The Idaho Board of Veterinary Medicine provides the following guidance on telehealth:

“The veterinarian must employ sound profession judgment to determine whether using
Telehealth is appropriate in particular circumstances each and every time animal care is
provided and only provide medical advice or treatment via Telehealth to the extent that it is
possible without a hands on examination. A veterinarian using Telehealth must take
appropriate steps to obtain Informed Consent, establish the VCPR and conduct all
appropriate evaluations and history of the patient consistent with traditional standards of
care for the particular patient presentation. As such, some situations and patient
presentations are appropriate for the utilization of Telehealth as a component of, or in lieu
of, hands on medical care, while others are not.” 31

The state of Oklahoma only allows a veterinarian to prescribe drugs via telemedicine under the
following conditions:

“The veterinarian accepts that he or she cannot prescribe drugs when practicing via
telehealth alone, unless the veterinarian has sufficient knowledge of the animal or group of
animals by virtue of a history and inquiry, and either physical examination or medically

28 On March 9, 2020, Governor DeSantis issued Executive Order 20-52 which declared a state of emergency for the entire state due to
COVID-19. The Executive Order was extended several times. Executive Order 21-94 extended the state of emergency for sixty days
from April 27, 2021. The sixtieth day was Saturday June 26, 2021, and the order was not renewed by the Governor.
29 Veterinary Virtual Care Association, Veterinary Telemedicine Regulatory Map, https://vvca.org/telemedicine-map/ (last visited

Mar. 19, 2023).
30 Virginia Board of Veterinary Medicine, Guidance for Telehealth in the Practice of Veterinary Medicine, Guidance Document: 150 -

25, https://www.dhp.virginia.gov/media/dhpweb/docs/vet/guidance/150-25.pdf (last visited Mar. 6, 2023).
31 Idaho Veterinary Medical Association, State specific questions for Idaho – Essential services, taxes, telehealth, IDAHO BOARD OF

VETERINARY MEDICINE – TELEMEDICINE STATEMENT, https://www.ivma.org/2020/03/ 26/ idaho-essential-services-extended-
tax-filing-deadline/ (last visited Mar. 6, 2023).
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appropriate and timely visits to the premises where the animal or group of animals is
kept.”32

The state of Washington only allows telemedicine after a VCPR has been established:

“The veterinarian shall not establish a veterinary-client-patient relationship solely by
telephonic or other electronic means. However, once established, a veterinary-client-patient
relationship may be maintained between medically necessary examinations via telephone
or other types of consultations.”33

Michigan recently repealed the need for an in-person exam prior to practicing telemedicine. Effective
April 15, 2021, a veterinarian providing a “telehealth service” is required to have sufficient knowledge of
the animal patient by having recently examined the animal patient in person or obtained current
knowledge of the animal patient through the use of instrumentation and diagnostic equipment through
which images and medical records may be transmitted electronically, or have conducted medically
appropriate and timely visits to the premises where the group of animal patients is kept. 34

Telehealth for Medical Doctors

Current law broadly defines “telehealth” as the use of synchronous or asynchronous
telecommunications technology by a telehealth provider to provide health care services, including, but
not limited to:35
 Assessment, diagnosis, consultation, treatment, and monitoring of a patient;
 Transfer of medical data;
 Patient and professional health-related education;
 Public health services; and
 Health administration.

Telehealth does not include audio-only telephone calls, e-mail messages, or facsimile transmission
under Florida law.36 No express authority is needed to communicate using these methods.

Health care services may be provided via telehealth by a Florida-licensed health care practitioner, a
practitioner licensed under a multistate health care licensure compact of which Florida is a member,37
or a registered out-of-state-health care provider.38

Out-of-state telehealth providers must register biennially with the Department of Health (DOH) or the
applicable board to provide telehealth services, within the relevant scope of practice established by
Florida law and rule, to patients in this state. To register or renew registration as an out-of-state
telehealth provider, the health care professional must:
 Hold an active and unencumbered license, which is substantially similar to a license issued to a
Florida practitioner in the same profession, in a U.S. state or jurisdiction and
 Not have been subject to licensure disciplinary action during the five years before submission of
the registration application;39
 Not be subject to a pending licensure disciplinary investigation or action;
 Not have had license revoked in any state or jurisdiction;
 Designate a registered agent in this state for the service of process;

32 Oklahoma State Board of Veterinary Medical Examiners, Board Telemedicine/Telehealth Position Statement,
https://www.okvetboard.com/veterinarian-faq/95-board-telemedicine-telehealth-position-statement (last visited Mar. 6, 2023).
33 Wash. Rev. Code § 246-933-200(2).
34 Mich. Gen. R. 338.4901a.
35
36 S. 456.47(1), F.S.
37 Florida is a member of the Nurse Licensure Compact. See s. 464.0095, F.S.
38 S. 456.47(4), F.S.
39 The bill requires DOH to consult the National Practitioner Data Bank to verify whether adverse information is available for t he

registrant.
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 Maintain professional liability coverage or financial responsibility, which covers services
provided to patients not located in the provider’s home state, in the same amount as required for
Florida-licensed practitioners;40 and
 Prominently display a link to the DOH website, described below, which provides public
information on registered telehealth providers.41

Telehealth Standards of Practice

Current law sets the standard of care for telehealth providers at the same level as the standard of care
for health care practitioners or health care providers providing in-person health care services to patients
in this state. This ensures that a patient receives the same standard of care irrespective of the modality
used by the health care professional to deliver the services. A patient receiving telehealth services may
be in any location at the time services are rendered and a telehealth provider may be in any location
when providing telehealth services to a patient.42

Practitioners may perform a patient evaluation using telehealth. A practitioner using telehealth is not
required to research a patient’s medical history or conduct a physical examination of the patient before
providing telehealth services to the patient if the telehealth provider is capable of conducting a patient
evaluation in a manner consistent with the applicable standard of care sufficient to diagnose and treat
the patient when using telehealth.

Emergency Orders

On January 31, 2020, the U.S. Secretary of HHS issued a public health emergency. 43 On March 16,
2020, the DEA published a COVID-19 Information page on the Diversion Control Division website,
authorizing DEA-registered practitioners to issue prescriptions for all Schedule II-V controlled
substances to patients without first conducting an in-person medical evaluation, provided all of the
following conditions are met:
 The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual
course of his/her professional practice.
 The evaluation is conducted using an audio-visual, real-time, two-way interactive
communication system.
 The practitioner is acting in accordance with applicable federal and state law. 44

On March 16, 2020, Surgeon General Scott Rivkees executed DOH Emergency Order 20-002
authorizing certain out-of-state physicians, osteopathic physicians, physician assistants, and advanced
practice registered nurses to provide telehealth in Florida without the need to register as a telehealth

40 Florida law requires physicians, acupuncturists, chiropractic physicians, dentists, anesthesiologist assistants, advanced pra ctice

registered nurses, and licensed midwives to demonstrate $100,000 per claim and an annual aggregate of $300,000 of profession al
responsibility (see ss. 458.320 and 459.0085, F.S.; r. 64B1-12.001. F.A.C; r. 64B2-17.009, F.A.C.; 64B5-17.0105, F.A.C.; r. 64B8-
31.006 and 64B15-7.006, F.A.C.; r. 64B9-4.002, F.A.C.; and r. 64B24-7.013, F.A.C.; respectively). Podiatric physicians must
demonstrate professional responsibility in the amount of $100,000 (see r. 64B18-14.0072, F.A.C.).
41 S. 456.47(4), F.S.
42 S. 456.47(2), F.S.
43 Determination that a Public Health Emergency Exists, Alex M. Azar II, Secretary of U.S. Department of Health and Human

Services (January 31, 2020) https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx (last visited Mar. 6,
2023).
44 Diversion Control Division, U.S. Department of Justice Drug Enforcement Administration, COVID-19 Information Page,

https://www.deadiversion.usdoj.gov/coronavirus.html (last visited Jan. 5, 2022); Letter from Thomas Prevoznik, Deputy Assistant
Administrator, Diversion Control Division, U.S. Department of Justice Drug Enforcement Administration, to DEA Qualifying
Practitioners and Other Practitioners, (Mar. 31, 2020) https://www.deadiversion.usdoj.gov/GDP/(DEA-DC-
022)(DEA068)%20DEA%20SAMHSA%20buprenorphine%20telemedicine%20%20(Final)%20+Esign.pdf (last visited Mar. 6,
2023).
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provider under s. 456.47(4), F.S.45 This emergency order ended with the expiration of Florida’s COVID-
19 state of emergency (EO 20-52) on June 26, 2021.46

The Surgeon General also executed DOH Emergency Order 20-00347 authorizing certain out-of-state
clinical social workers, marriage and family therapists, mental health counselors, and psychologists to
provide telehealth in Florida without the need to register as a telehealth provider under s. 456.47(4),
F.S. This emergency order also ended on June 26, 2021. 48

Controlled Substances – Florida Law

Chapter 893, F.S., sets forth the Florida Comprehensive Drug Abuse Prevention and Control Act. This
chapter classifies controlled substances into five schedules in order to regulate the manufacture,
distribution, preparation, and dispensing of the substances. The scheduling of substances in Florida
law is generally consistent with the federal scheduling of substances under 21 U.S.C. s. 812:
 A Schedule I substance has a high potential for abuse and no currently accepted medical use in
treatment in the United States and its use under medical supervision does not meet accepted
safety standards. Examples include heroin and lysergic acid diethylamide (LSD).
 A Schedule II substance has a high potential for abuse, a currently accepted but severely
restricted medical use in treatment in the United States, and abuse may lead to severe
psychological or physical dependence. Examples include cocaine and morphine.
 A Schedule III substance has a potential for abuse less than the substances contained in
Schedules I and II, a currently accepted medical use in treatment in the United States, and
abuse may lead to moderate or low physical dependence or high psychological dependence or,
in the case of anabolic steroids, may lead to physical damage. Examples include lysergic acid;
ketamine; and some anabolic steroids.
 A Schedule IV substance has a low potential for abuse relative to the substances in
Schedule III, a currently accepted medical use in treatment in the United States, and abuse may
lead to limited physical or psychological dependence relative to the substances in Schedule III.
Examples include alprazolam, diazepam, and phenobarbital.
 A Schedule V substance has a low potential for abuse relative to the substances in
Schedule IV, a currently accepted medical use in treatment in the United States, and abuse
may lead to limited physical or psychological dependence relative to the substances in
Schedule IV. Examples include low dosage levels of codeine, certain stimulants, and certain
narcotic compounds.

Controlled Substances – Federal Law

The Federal Controlled Substances Act49 also classifies controlled substances into schedules based on
the potential for abuse and whether there is a currently accepted medical use for the substance. The
Drug Enforcement Administration (DEA) is required to consider the following when determining where
to schedule a substance:50

 The substance’s actual or relative potential for abuse;
 Scientific evidence of the substance’s pharmacological effect, if known;

45 Department of Health, State of Florida, Emergency Order DOH No. 20-002 (Mar. 16, 2020) http://floridahealthcovid19.gov/wp-
content/uploads/2020/03/filed-eo-doh-no.-20-002-medical-professionals-03.16.2020.pdf (last visited Mar. 6, 2023).
46 On March 9, 2020, Governor DeSantis issued Executive Order 20-52 which declared a state of emergency for the entire state due to

COVID-19. The Executive Order was extended several times. Executive Order 21-94 extended the state of emergency for sixty days
from April 27, 2021. The sixtieth day was Saturday June 26, 2021, and the order was not renewed by the Governor.
47 Department of Health, State of Florida, Emergency Order DOH No. 20-003 (Mar. 21, 2020) https://s33330.pcdn.co/wp-

content/uploads/2020/03/DOH-EO-20-003-3.21.2020.pdf (last visited Mar. 6, 2023).
48 On March 9, 2020, Governor DeSantis issued Executive Order 20-52 which declared a state of emergency for the entire state due to

COVID-19. The Executive Order was extended several times. Executive Order 21-94 extended the state of emergency for sixty days
from April 27, 2021. The sixtieth day was Saturday June 26, 2021, and the order was not renewed by the Governor.
49 21 U.S.C. s. 812.
50 21 U.S.C. s. 811(c).
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 The state of current scientific knowledge regarding the substance;
 The substance’s history and current pattern of abuse;
 The scope, duration, and significance of abuse;
 What, if any, risk there is to public health;
 The substance’s psychic or physiological dependence liability; and
 Whether the substance is an immediate precursor of a substance already controlled.

Telehealth Prescribing of Controlled Substances

Federal law specifically prohibits prescribing controlled substances via the Internet without an in-person
evaluation, but the Ryan Haight Online Pharmacy Consumer Protection Act (Haight Act), 51 signed into
law in October 200852 created a pathway for telehealth practitioners to dispense controlled substances
via telehealth. The practitioner is still subject to the requirement that all controlled substance
prescriptions be issued for a legitimate purpose by a practitioner acting in the usual course of
professional practice. But, once an in-person evaluation of the patient has occurred, the
practitioner may provide future prescriptions for controlled substances for that patient using telehealth
services.53

Florida law currently prohibits a telehealth provider (human) from using telehealth services to prescribe
a Schedule II controlled substance except when treating a psychiatric disorder, an inpatient at a
licensed hospital, a patient receiving hospice services, or a resident of a nursing home facility.
However, providers are allowed to prescribe Schedule III, IV, and V controlled substances using
telehealth services without limitation.54

Prescription Drug Law for Veterinarians

In order to purchase, prescribe, administer or dispense controlled substances in Florida, veterinarians
must obtain a license from the U.S. Drug Enforcement Administration (DEA). Florida does not require
any additional licensure for veterinarians to purchase and prescribe controlled drugs.55

The DEA is a division within the U.S. Department of Justice and reports to the U.S. Attorney General.
In consultation with the U.S. Secretary of the federal Department of Health and Human Services (HHS)
and others, the Attorney General oversees the listing of substances on five schedules (Classes I, II, III,
IV or V) of controlled agents as described in Title 21 United States Code (USC) of the Controlled
Substances Act. The central mission of the DEA is to enforce controlled substances laws and
regulations.56

With respect to veterinarians and other health professionals, the major focus of the DEA is to prevent
illegal diversion of controlled prescription drugs for the purpose of illicit or non-medical uses. In order to
legally purchase, dispense or prescribe controlled prescription drugs, a veterinarian must be licensed
by the DEA. Prescription drugs that are regulated or controlled by the DEA include many important
drugs that are used routinely by veterinarians. DEA-controlled drugs are tightly controlled at all aspects
of manufacturing, distribution, ordering, storage, use and disposition. 57

While veterinarians are allowed to write prescriptions for controlled drugs, they cannot order controlled
drugs from their local pharmacy for “in-house” use nor for secondary re-sale. Like any other
prescription, controlled drug prescriptions must be written for a specific patient and cannot be for

51 Ryan Haight Online Consumer Protection Act of 2008, Public Law 110-425 (H.R. 6353).
52 21 CFR s. 829, the in-person medical evaluation requires that the patient be in the physical presence of the provider without regard

to the presence or conduct of other professionals.
53 Id.
54 S. 456.47(2)(c), F.S.
55 Thomas Vickory, PhD, DEA REGULATION OF CONTROLLED DRUGS, https://www.vetfolio.com/learn/article/florida-drug-

laws-update-2013 (last visited Mar. 6, 2023).
56 Thomas, supra note 46.
57 Thomas, supra note 46.
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general use. As a licensed DEA registrant, veterinarians are expected to create and maintain a system
that provides strong safeguards against theft or diversion of controlled drugs in their practice. 58

Two opioids are approved and marketed for use in animals, butorphanol and buprenorphine. Due to the
limited number of approved and marketed veterinary opioids, veterinarians who need to use opioids to
control pain in their patients generally use products approved for use in people. 59

Rabies Vaccinations

All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian
against rabies with a vaccine that is licensed by the U.S. Department of Agriculture (USDA) for use in
those species. The owner must have the animal revaccinated 12 months after the initial vaccination,
and subsequent vaccinations must conform to the vaccine manufacturer’s directions. The cost of
vaccination must be borne by the animal’s owner. Violations of this requirement are a civil infraction,
punishable as provided in s. 828.27(2), F.S.60

Currently, Florida law does not appear to allow anyone other than the veterinarian to administer the
rabies vaccine. The law allows certain vaccines, anesthesia and tranquilization to be administered by a
veterinary aide, nurse, laboratory technician, intern, or other employee of a licensed veterinarian while
under the “immediate supervision” of a licensed veterinarian.61 In addition, the following tasks may be
performed without the licensed veterinarian on the premises:
 The administration of medication and treatment, excluding vaccinations, as directed by the
licensed veterinarian; and
 The obtaining of samples and the performance of those diagnostic tests, including radiographs,
directed by the licensed veterinarian.62

The Board has recognized that the following diseases are communicable to humans and are of public
health significance, and as a result, only a veterinarian is authorized to immunize or treat an animal
for these diseases. The diseases include:
 Brucellosis.
 Tuberculosis.
 Rabies.
 Equine Encephalomyelitis.63

Effect of the Bill

The bill allows licensed veterinarians to practice veterinary telemedicine on a limited basis, and
indirectly supervise rabies vaccinations of impounded animals.

Regarding veterinary telemedicine, the bill:
 Defines “veterinary telemedicine” to mean the practice of veterinary medicine using
synchronous, audiovisual, interactive telecommunications technology.
 Requires veterinarians to be currently licensed in order to practice veterinary telemedicine.
 Deems the practice to occur at the premises where the patient is located at the time a
veterinarian practices veterinary telemedicine.
 Gives the Board jurisdiction over a veterinarian practicing veterinary telemedicine in this state,
regardless of the location of the veterinarian's physical office.
 Requires veterinarians practicing telemedicine to provide the client with a statement containing:

58 Thomas, supra note 46.
59 U.S. FDA, The Opioid Epidemic: What Veterinarians Need to Know, https://www.fda.gov/animal-veterinary/resources-you/opioid-

epidemic-what-veterinarians-need-know (last visited Mar. 6, 2023).
60 S. 828.30(1), F.S.
61 S. 474.202(5), F.S., defines “immediate supervision” or words of similar purport to mean a licensed doctor of veterinary medicine is

on the premises whenever veterinary services are being provided.
62 R. 61G18-17.005, F.A.C.
63 R. 61G18-17.006, F.A.C.
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o The veterinarian’s identity, license number, and contact information;
o The contact for at least one physical veterinary clinic in the vicinity of the pet's location; and
o Instructions for how to receive patient follow-up care or assistance if the veterinarian and
client are unable to communicate because of a technological or equipment failure or if there
is an adverse reaction to treatment.
 Requires the veterinarian to obtain from the client a signed and dated statement indicating the
client has received the required information from the client statement.
 Authorizes a veterinarian practicing veterinary telemedicine to order, prescribe, or make
available medicinal drugs.
 Limits a veterinarian’s authority to order, prescribe, or make available controlled substances
while practicing telemedicine to situations where the veterinarian has previously performed an
in-person physical examination or made medically appropriate and timely visits to the premises
where the patient is kept.
 Revises the requirement that a veterinarian have “seen the animal” in order to prescribe
medicinal drugs and controlled substances, to instead require the veterinarian to have recently
performed an examination of the patient either:
o In person; or
o By the use of veterinary telemedicine in compliance with s. 474.2021, F.S.
 Authorizes veterinarians who are personally acquainted with the caring and keeping of an
animal or group of animals on food-producing animal operations on land classified as
agricultural who has recently seen the animal or group of animals or has made medically
appropriate and timely visits to the premises where the animal or group of animals is kept to
practice veterinary telemedicine for animals on such operations in compliance with this section
and applicable federal law.
 Requires veterinarians practicing telemedicine to employ sound, professional judgment to
determine whether using veterinary telemedicine is an appropriate method for delivering
medical advice or treatment to the patient and providing quality of care consistent with prevailing
veterinary medical practice.
 Specifies that the practice of veterinary telemedicine in compliance with these provisions is not
a quality-of-care violation, and a veterinarian may not be disciplined solely for practicing
veterinary telemedicine.

Regarding rabies vaccinations, the bill:
 Allows an employee, agent, or contractor of an animal control authority acting under the indirect
supervision of a veterinarian to administer rabies vaccinations to impounded animals that will be
transferred, rescued, fostered, adopted, or reclaimed by the owner.
 Defines "indirect supervision," to mean the supervising veterinarian must be available for
consultation through telecommunications but is not required to be on the premises during such
consultation.
o The supervising veterinarian assumes responsibility for the veterinary care given to the
animal by any person working under or at his or her direction and supervision.
 Authorizes veterinarians who supervise an employee, agent, or contractor of an animal control
authority administering the rabies vaccination to an animal to affix his or her signature stamp in
lieu of an actual signature.

B. SECTION DIRECTORY:
Section 1: Titles the act the “Providing Equity in Telemedicine Services (PETS) Act.”

Section 2: Amends s. 474.202, F.S., relating to definitions.

Section 3: Creates s. 474.2021, F.S., relating to veterinary telemedicine.

Section 4: Amends s. 474.203, F.S., relating to exemptions.

Section 5: Amends s. 474.214, F.S., relating to disciplinary proceedings.

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Section 6: Amends s. 474.2165, F.S., relating to ownership and control of veterinary medical
patient records; report or copies of records to be furnished.

Section 7: Amends s. 828.30, F.S., relating to rabies vaccination of dogs, cats, and ferrets.

Section 8: 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:
Indeterminate. Animal control authorities will be able to administer rabies vaccinations of
impounded animals without a veterinarian having to be physically present. This may create a
savings for local animal control authorities to the extent they are incurring extra veterinary costs
associated with veterinarians being required to be onsite to administer rabies vaccinations.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Licensed veterinarians will be permitted to practice veterinary telemedicine, including limited
prescription authority, thus giving them more flexibility in their practice. This will move them further
toward equal footing with licensed health care providers in the state who are already allowed to practice
telehealth.

Animal owners may have greater access to veterinarians and may feel more comfortable, especially
during a state of emergency. Visitors and tourists with pets may be able to obtain veterinarian care
while on vacation in Florida without the need for locating and transporting their animal to a
veterinarian’s office.

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.

3. Other:
None.
B. RULE-MAKING AUTHORITY:

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Current law appears to grant the Board sufficient authority to adopt rules to implement the provisions of
this bill.64

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

64 S. 474.206, 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 1117 2023

1 A bill to be entitled
2 An act relating to the medical treatment of animals;
3 providing a short title; amending s. 474.202, F.S.;
4 defining the term "veterinary telemedicine"; creating
5 s. 474.2021, F.S.; authorizing veterinarians to
6 practice veterinary telemedicine; providing licensure
7 requirements to practice veterinary telemedicine;
8 providing jurisdiction of the Board of Veterinary
9 Medicine; requiring a veterinarian practicing
10 telemedicine to establish a
11 veterinarian/client/patient relationship, provide the
12 client with specified information, and employ certain
13 professional judgments regarding the use of veterinary
14 telemedicine; authorizing a veterinarian practicing
15 telemedicine to order, prescribe, or make available
16 specified medicinal drugs; prohibiting such
17 veterinarian from ordering, prescribing, or making
18 available controlled substances unless certain
19 conditions are met; authorizing veterinarians to
20 practice veterinary telemedicine for animals on
21 certain animal operations if the veterinarian meets
22 certain conditions; amending s. 474.203, F.S.;
23 conforming provisions to changes made by the act;
24 amending s. 474.214, F.S.; revising grounds for
25 disciplinary action against a veterinarian; amending

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26 s. 474.2165, F.S.; revising the definition of the term
27 "records owner" to conform to changes made by the act;
28 amending s. 828.30, F.S.; authorizing certain
29 employees, agents, or contractors to administer rabies
30 vaccinations under certain circumstances; providing
31 that a supervising veterinarian assumes responsibility
32 for any person working under the veterinarian's
33 supervision or at his or her direction; defining the
34 term "indirect supervision"; authorizing a
35 veterinarian who indirectly supervises the
36 administration of the rabies vaccination to affix his
37 or her signature stamp in lieu of an actual signature
38 on the rabies vaccination certificate; providing an
39 effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. This act may be cited as the "Providing Equity
44 in Telemedicine Services (PETS) Act."
45 Section 2. Subsection (14) is added to section 474.202,
46 Florida Statutes, to read:
47 474.202 Definitions.—As used in this chapter:
48 (14) "Veterinary telemedicine" means the practice of
49 veterinary medicine using synchronous, audiovisual, interactive
50 telecommunications technology.

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51 Section 3. Section 474.2021, Florida Statutes, is created
52 to read:
53 474.2021 Veterinary telemedicine.—
54 (1) A veterinarian may practice veterinary telemedicine.
55 (2) A veterinarian must hold a current license to practice
56 veterinary medicine in this state in order to practice
57 veterinary telemedicine. The practice of veterinary medicine is
58 deemed to occur at the premises where the patient i s located at
59 the time the veterinarian practices veterinary telemedicine.
60 (3) The board has jurisdiction over a veterinarian
61 practicing veterinary telemedicine in this state, regardless of
62 where the veterinarian's physical office is located.
63 (4) A veterinarian practicing telemedicine shall do all of
64 the following:
65 (a) Establish the veterinarian/client/patient
66 relationship.
67 (b) Provide the client with a statement containing the
68 veterinarian's identity, license number, and contact information
69 and the contact information for at least one physical veterinary
70 clinic in the vicinity of the pet's location and instructions
71 for how to receive patient follow-up care or assistance if the
72 veterinarian and client are unable to communicate because of a
73 technological or equipment failure or if there is an adverse
74 reaction to treatment. The veterinarian shall obtain from the
75 client a signed and dated statement indicating the client has

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76 received the required information.
77 (c) Employ sound, professional judgment to determine
78 whether using veterinary telemedicine is an appropriate method
79 for delivering medical advice or treatment to the patient and
80 providing quality of care consistent with prevailing veterinary
81 medical practice. The practice of veterinary telemedicine in
82 compliance with this section is not a quality-of-care violation,
83 and a veterinarian may not be disciplined solely for practicing
84 veterinary telemedicine.
85 (5) A veterinarian practicing veterinary telemedicin e may
86 order, prescribe, or make available medicinal drugs or drugs as
87 defined in chapter 465.
88 (6) A veterinarian practicing veterinary telemedicine may
89 not order, prescribe, or make available controlled substances as
90 defined in chapter 893 unless the veterinarian has performed an
91 in-person physical examination of the patient or made medically
92 appropriate and timely visits to the premises where the patient
93 is kept.
94 (7) A veterinarian personally acquainted with the caring
95 and keeping of an animal or group of animals on food-producing
96 animal operations on land classified as agricultural pursuant to
97 s. 193.461 who has recently seen the animal or group of animals
98 or has made medically appropriate and timely visits to the
99 premises where the animal or group of animals is kept may
100 practice veterinary telemedicine for animals on such operations

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101 in compliance with this section and applicable federal law.
102 Section 4. Paragraph (a) of subsection (5) of section
103 474.203, Florida Statutes, is amended to read:
104 474.203 Exemptions.—This chapter does not apply to:
105 (5)(a) Any person, or the person's regular employee,
106 administering to the ills or injuries of her or his own animals,
107 including, but not limited to, castration, spaying, and
108 dehorning of herd animals, unless title is transferred or
109 employment provided for the purpose of circumventing this law.
110 This exemption does not apply to any person licensed as a
111 veterinarian in another state or foreign jurisdiction and
112 practicing temporarily in this state. However, except as
113 provided in s. 828.30, only a veterinarian may immunize or treat
114 an animal for diseases that are communicable to humans and that
115 are of public health significance.
116
117 For the purposes of chapters 465 and 893, persons exempt
118 pursuant to subsection (1), subsection (2), or subsection (4)
119 are deemed to be duly licensed practitioners authorized by the
120 laws of this state to prescribe drugs or medicinal supplies.
121 Section 5. Paragraph (y) of subsection (1) of section
122 474.214, Florida Statutes, is amended to read:
123 474.214 Disciplinary proceedings.—
124 (1) The following acts shall constitute grounds for which
125 the disciplinary actions in subsection (2) may be taken:

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126 (y) Using the privilege of ordering, prescribing, or
127 making available medicinal drugs or drugs as defined in chapter
128 465, or controlled substances as defined in chapter 893, for use
129 other than for the specific treatment of animal patients for
130 which there is a documented veterinarian/client/patient
131 relationship. Pursuant thereto, The veterinarian shall:
132 1. Have sufficient knowledge of the animal to initiate at
133 least a general or preliminary diagnosis of the medical
134 condition of the animal, which means that the veterinarian is
135 personally acquainted with the keeping and caring of the animal
136 and has recently performed an examination of the patient either
137 in person or by the use of veterinary telemedicine in compliance
138 with s. 474.2021 seen the animal or has made medically
139 appropriate and timely visits to the premises where the animal
140 is kept.
141 2. Be available or provide for follow-up followup care and
142 treatment in case of adverse reactions or failure of the regimen
143 of therapy.
144 3. Maintain records which document patient visits,
145 diagnosis, treatment, and other relevant information required
146 under this chapter.
147 Section 6. Subsection (1) of section 474.2165, Florida
148 Statutes, is amended to read:
149 474.2165 Ownership and control of veterinary medical
150 patient records; report or copies of records to be furnished. —

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151 (1) As used in this section, the term "records owner"
152 means any veterinarian who generates a medical record after
153 making an a physical examination of a patient, either in person
154 or by the use of veterinary telemedicine in compliance with s.
155 474.2021, or administering treatment or dispensing legend drugs
156 to, any patient; any veterinarian to whom records are
157 transferred by a previous records owner; or any veterinarian's
158 employer, provided the employment contract or agreement between
159 the employer and the veterinarian designates the employer as the
160 records owner.
161 Section 7. Subsections (1) and (3) of section 828.30,
162 Florida Statutes, are amended to read:
163 828.30 Rabies vaccination of dogs, cats, and ferrets.—
164 (1)(a) All dogs, cats, and ferrets 4 months of age or
165 older must be vaccinated by a licensed veterinarian or, in the
166 case of impounded animals, a person authorized under paragraph
167 (b) against rabies with a vaccine that is licensed by the United
168 States Department of Agriculture for use in those species.
169 (b) An employee, an agent, or a contractor of a county or
170 municipal animal control authority acting under the indirect
171 supervision of a veterinarian may vaccinate impounded dogs,
172 cats, and ferrets that will be transferred, rescued, fostered,
173 adopted, or reclaimed by the owner. The supervising veterinarian
174 assumes responsibility for any person vaccinating animals at the
175 veterinarian's direction or under his or her supervision. As

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176 used in this paragraph, the term "indirect supervision" means
177 that the supervising veterinarian is required to be available
178 for consultation through telecommunications but is not required
179 to be physically present during such consultation.
180 (c) The owner of every dog, cat, and ferret shall have the
181 animal revaccinated 12 months after the initial vaccination.
182 Thereafter, the interval between vaccinations shall conform to
183 the vaccine manufacturer's directions. The cost of vaccination
184 must be borne by the animal's owner. Evidence of circulating
185 rabies virus neutralizing antibodies may shall not be used as a
186 substitute for current vaccination in managing rabies exposure
187 or determining the need for booster vaccinations.
188 (3) Upon vaccination against rabies, the licensed
189 veterinarian shall provide the animal's owner and the animal
190 control authority with a rabies vaccination certificate. Each
191 animal control authority and veterinarian shall use the "Rabies
192 Vaccination Certificate" of the National Association of State
193 Public Health Veterinarians (NASPHV) or an equivalent form
194 approved by the local government which that contains all the
195 information required by the NASPHV Rabies Vaccination
196 Certificate. The veterinarian who administers the rabies
197 vaccination, or who supervises the administration of the rabies
198 vaccination as provided in paragraph (1)(b), vaccine to an
199 animal as authorized required under this section may affix his
200 or her signature stamp in lieu of an actual signature.

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201 Section 8. This act shall take effect July 1, 2023.

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HB 1307
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1307 Department of Agriculture and Consumer Services
SPONSOR(S): McClure
TIED BILLS: IDEN./SIM. BILLS: SB 1150

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee

2) Criminal Justice Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Division of Licensing (DOL) within the Department of Agriculture and Consumer Services (DACS)
administers Florida's concealed weapon licensing program and oversees Florida's private investigative, private
security, and recovery services industries. The Division of Consumer Services (DCS) within DACS regulates
various businesses, such as charitable organizations and telemarketers, and protects consumers and
businesses from unfair and unsafe business practices across a wide range of industries, including gasoline,
liquefied petroleum (LP) gas, and weighing and measuring devices.

The bill streamlines licensure requirements and reduces fees related to the private investigative, private
security, and recovery services industries; relaxes certain registration fee requirements for charitable
organizations; revises services that certain LP gas licensees are authorized to conduct; and provides criminal
penalties for retail fuel theft violations. In part, the bill:
 Allows former military firearms instructors to use their experience in the military as a firearm training
requirement when applying for a Class “K” Firearms Instructor License.
 Allows Class “K” Firearms Instructor teaching experience to replace the license renewal training.
 Allows DACS to waive the annual firearms training for Class “G” Statewide Firearm Licensees who
provide proof of annual training under the federal Law Enforcement Officers’ Safety Act.
 Gives DACS more flexibility when charging late fees for renewal applications.
 Allows DACS to publish the private investigative, private security, and recovery industry newsletters
and pamphlets online.
 Authorizes electronic verification, instead of verification under oath, for certain recovery agent and
security guard applications for licensure.
 Relaxes annual registration fees for charitable organizations that are not in higher revenue categories.
 Expands the types of services that licensed Category I LP Gas Dealers and Category V LP Gas
Dealers may provide to include the “design” of LP gas equipment.
 Creates provisions that address retail fuel theft and tampering with gas pumps, including, prohibitions,
seizure and forfeiture requirements, criminal penalties, and exemptions for persons lawfully engaged in
such activities.

The bill may have an insignificant fiscal impact on state government from reduced expenditures and potential
increases in revenues. The bill is not expected to have a fiscal impact on local governments.

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: h1307.RRS
DATE: 3/20/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Division of Licensing

The Division of Licensing (DOL) within the Department of Agriculture and Consumer Services (DACS)
administers Florida's concealed weapon licensing program 1 and oversees Florida's private
investigative, private security, and recovery services industries.2 The DOL’s regulatory oversight of
those services includes licensing, enforcing compliance standards, and ensuring public protection from
unethical business practices and unlicensed activity.3

Private Investigative and Security Services

Currently, the DOL offers 22 different types of private investigative, private security, and recovery
services licenses and four different types of concealed weapon or firearm licenses. As of February 28,
2023, the DOL had issued a total of 169,758 private investigative, private security, and recovery
services licenses and 2,459,530 concealed weapon permits, to qualified applicants. The following chart
provides a breakdown of the total number of each license type.4
License License Title Total
Type
C Private Investigators 7,240
CC Private Investigator Interns 1,496
A Private Investigative Agencies 2,721
AA Private Investigative Agency Branch Offices 22
MA Private Investigative Agency Managers 86
M Private Investigative/Security Agency 475
Managers
D Security Officers 144,151
B Security Agencies 2,064
BB Security Agency Branch Offices 184
MB Security Managers 1,551
AB Security Agency/Private Investigative Agency 19
Branch Offices
DS Security Officer Schools 427
DI Security Officer Instructors 1,874
G Statewide Firearm Licenses 27,363
K Firearms Instructors 676
E Recovery Agents 786
EE Recovery Agent Interns 327
R Recovery Agencies 296
RR Recovery Agency Branch Offices 31
MR Recovery Agency Managers 3
RS Recovery Agent Schools 6
RI Recovery Agent Instructors 8
Subtotal of Private Investigative, Private Security, and 191,806
Recovery Services Licenses

1 S. 790.06, F.S.
2 Ch. 493, F.S.
3 Office of Program Policy Analysis and Government Accountability, Government Program Summaries, Department of Agriculture
and Consumer Services Licensing, https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNu mber=4101 (last visited Mar.
16, 2023).
4 The Florida Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports,

https://www.fdacs.gov/Divisions -Offices/Licensing/Statistical-Reports (last visited Mar. 16, 2023).
STORAGE NAME: h1307.RRS PAGE: 2
DATE: 3/20/2023
W Concealed Weapon or Firearm 2,645,444
WJ Concealed Weapon or Firearm/Circuit and 827
County Judges
WR Concealed Weapon or Firearm/Retired Law 13,680
Enforcement and Correctional Officers
WS Concealed Weapon or Firearm/Consular 10
Security Official
Subtotal of Concealed Weapon Licenses 2,659,961
Total Number of Licenses 2,851,767

Class “G” Statewide Firearm License

A Class “G” Statewide Firearm License is a supplemental license that permits specific licensees to
carry a firearm during the course of their licensed, employment-related activity. A Class “G” Statewide
Firearm License is available only to individuals who currently hold one of the following licenses:5
 Private investigator (Class “C”);
 Private investigator intern (Class “CC”);
 Security officer (Class “D”);
 Private investigative or security agency manager (Class “M”);
 Private investigative agency manager (Class “MA”); or
 Security agency manager (Class “MB”).

Class “G” Statewide Firearm License Application and Training Requirements

An initial applicant for a Class “G” Statewide Firearm License must complete firearm training, which
must include at least 28 hours of range and classroom training either by in-person instruction, or via live
instruction through a secure website, with no more than eight hours consisting of in-person range
training, which must include safe handling and storage of firearms. The training must be administered
and taught by a Class “K” Firearms Instructor Licensee who verifies the identity and attendance of the
applicant.6

The Class “G” Statewide Firearm License applicant must submit a training certificate to DACS upon
completion of the training. Additionally, the Class “K” Firearms Instructor Licensee who provides the
training must submit results directly to the DOL and provide a copy of the training results to the
trainee.7 An applicant who was discharged within the last 12 months from service as a military officer,
and has completed specific military courses is deemed to have completed a substantially similar
training, and is exempt from the 28 hours of range and classroom training required for an initial Class
“G” Statewide Firearm License.8

The “Class G” Statewide Firearm License must be renewed every two years.9 Class “G” Statewide
Firearm Licensees must annually complete four hours of firearms requalification training for each
caliber of firearm that he or she carries in the course of his or her duties. 10 DACS is authorized to waive
the firearms training requirement if:11
 Proof is provided showing the applicant is currently certified as a law enforcement officer or
correctional officer under the Criminal Justice Standards and Training Commission and has
completed law enforcement firearms requalification training annually during the previous two
years of the licensure period;

5 S. 493.6115(2), F.S.
6 S. 493.6105(5), F.S. See also R. 5N-1.132(1)(a), F.A.C.
7 Id.
8 R. 5N-1.119, F.A.C.
9 S. 493.6113(1), F.S.
10 S. 493.6113(3)(b ), F.S.
11 Id.
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 The applicant provides proof that he or she is currently certified as a federal law enforcement
officer and has received law enforcement firearms training administered by a federal law
enforcement agency annually during the previous two years of the licensure period; or
 The applicant submits one of the valid firearm certificates required for a Class “K” Firearms
Instructor initial license and provides proof of having completed requalification training during
the previous two years of the licensure period.

Class “K” Firearms Instructor License Application and Training Requirements

Class “K” Firearms Instructor Licensees provide classroom or range instruction to applicants for a Class
“G” Statewide Firearm License.12 Applicants for an initial Class “K” Firearms Instructor License must
submit one of the following certificates to demonstrate continued firearms qualifications: 13
 The Florida Criminal Justice Standards and Training Commission Instructor Certificate and
written confirmation by the commission that the applicant possesses an active firearms
certificate.
 A valid National Rifle Association Private Security Firearm Instructor Certificate issued not more
than three years before the submission of the application.
 A valid firearms instructor certificate issued by a federal law enforcement agency issued not
more than three years before the submission of the application.

The initial applicant must also pay the fee and pass an examination administered by DACS.14

Class “K” Firearms Instructor Licensees must renew their license every three years 15 and submit one of
the firearms qualification certificates, required for initial licensure, as proof that he or she remains
certified to provide firearms instruction.16 A Class “K” Firearms Instructor Licensee who fails to file a
renewal application on or before its expiration must renew the license by fulling all renewal application
requirements and pay a late fee equal to the amount of the Class “K” Firearms Instructor fee.17

License Renewal Late Fee

Failure of a private investigative, private security, and recovery services licensee to renew a license on
or before its expiration requires the licensee to:
 Renew his or her license by fulfilling the applicable renewal requirements; and
 Pay a late fee equal to the amount of the license fee.18

Recovery Agent and Security Officer School or Training Facility

Any school, training facility, or instructor who offers training for Class “E” Recovery Agents, Class “EE”
Recovery Agent Interns, or Class “D” Security Officers, must file an application containing certain
information with DACS along with an application fee of up to $60. The application must be signed and
verified by the applicant “under oath” as provided in s. 92.525, F.S., which authorizes documents to be
verified in the following three ways:
 Under oath or affirmation taken or administered before a judge, clerks or deputy clerk of court,
or any notary public;
 Under oath or affirmation taken or administered by law enforcement officer, correctional officer,
or traffic officer under electronic means or in the physical presence of the affiant; or
 By signing a written declaration.19

12 Ss. 493.6101(14) and 493.6115(7), F.S.
13 S. 493.6105(6)(a), F.S.
14 S. 493.6105(6)(b ), F.S.
15 S. 493.6113(1), F.S.
16 S. 493.6113(3)(d ), F.S.
17 S. 493.6113(4), F.S.
18 S. 493.6113(4), F.S.
19 S. 493.6304(2) and 493.6406(2), F.S.
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However, since the law specifies that applications must be verified “under oath,” the law does not allow
for electronic verification of applications.

Publication to the Industry

DACS is authorized to periodically publish newsletters and pamphlets advising private investigative,
private security, and recovery services licensees of certain information that is of interest to the industry
as well as the legal authority, rights, and obligations for various classes of licensure. The newsletter
also contains administrative complaints against licensed or unlicensed persons or agencies. The
newsletter must be published between two to four times annually, while the pamphlet must be updated
every two years as necessary.20

Division of Consumer Services

The Division of Consumer Services (DCS) within DACS is the state’s clearinghouse for consumer
complaints, information and protection. The DCS regulates various businesses, such as charitable
organizations and telemarketers. In addition, the DCS protects consumers and businesses from unfair
and unsafe business practices across a wide range of industries, including antifreeze, brake fluid,
gasoline, liquefied petroleum (LP) gas, pesticides, water vending machines, and weighing and
measuring devices.21

Charitable Organization Fees

Organizations that intent to solicit donations in Florida are required to register with DACS pursuant to
the Solicitation of Contributions Act (Act).22 The Act contains basic registration, financial disclosures,
and notification requirements for charitable organizations and sponsors, fundraising consultants, and
solicitors. Every charitable organization, sponsor, 23 or parent organization24 must pay a single
registration fee as follows:25
 Ten dollars if the contributions:
o Received for the last fiscal year were less than $5,000; or
o Actually raised or received from the public during the immediately preceding fiscal year
are no more than $25,000 and the fundraising activities are carried on by certain entities
who are not compensated.
 Seventy-five dollars if the contributions received for the last fiscal year were $5,000 or more, but
less than $100,000.
 One hundred twenty-five dollars if the contributions received for the last fiscal year were
$100,000 or more but less than $200,000.
 Two hundred dollars if the contributions received for the last fiscal year were $200,000 or more
but less than $500,000.
 Three hundred dollars if the contributions received for the last fiscal year were $500,000 or
more but less than $1 million.
 Three hundred fifty dollars if the contributions received for the last fiscal year were $1 million or
more but less than $10 million.
 Four hundred dollars if the contributions received for the last fiscal year were $10 million or
more.

20 S. 493.6123(1), F.S.
21 Department of Agriculture and Consumer Services, http://www.freshfromflorida.com/Div isions -Offices/Consumer-Serv ices (last
visited Mar. 16, 2023).
22 See ch. 496, F.S.
23 S. 496.404(25), F.S., defines a “sponsor” as a group or person who holds herself or himself out to be soliciting contributions by the

use of a name that implies the group or person is in any way affiliated with r organized for the benefit of emergency service employees
or law enforcement officers and the group or person is not a charitable organization.
24 S. 496.404(18), F.S. defines a “parent organization” as part of a charitable organization or sponsor that coordinates, superv ises, or

exercises control over policy, fundraising, and expenditures or assists or advises one or more of the organization’s chapters, branches,
or affiliates in Florida.
25 S. 496.405(4)(a), F.S.
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Certain persons and organizations are exempt from the registration fee requirements including a
charitable organization that has less than $25,000 in total revenue so long as they did not employ
professional solicitors or have paid employees.26

Liquefied Petroleum Gas

The Bureau of Compliance within the DCS is responsible for regulating the LP gas industry, including
licensing, inspection, training, and examination requirements. 27 These responsibilities ensure that those
persons engaged in LP gas-related business activities in this state are trained and that compliance with
acceptable safety codes and standards is achieved statewide. 28

LP gas is defined in statute as any material composed predominantly of any of the following
hydrocarbons, or mixtures of the same:
 Propane;
 Propylene;
 Butanes (normal butane or isobutane); and
 Butylenes.29

Current law provides licensing requirements for businesses that engage in certain LP gas -related
activities, including sales, installations, service and repair work, manufacture of equipment, and other
miscellaneous activities. DACS is required to license applicants that it determines to be competent,
qualified, and trustworthy. Violations for willfully operating without a license are a third degree felony. 30

The license categories and associated fees are as follows: 31

License Category Annual License
Fee
Category I LP Gas Dealer $400
Category II LP Gas Dispenser $400
Category III LP Gas Cylinder Exchange Unit $65
Operator
Category IV Dealer in Appliances and $65
Equipment
Category V LP Gas Installer $200
Category VI Miscellaneous Operator $200

Licensees may renew their license annually, biennially, or triennially, and must meet the same
requirements and conditions, including fee amounts, for each licensed year. An expired license will
become inoperative, and the fee for restoration of an expired license is equal to the original license fee
and must be paid before the licensee is allowed to resume operations. 32

DACS is responsible for enforcing reasonable standards of competency, including, but not limited to,
the training, licensure, testing, and qualifying of persons participating in the LP gas industry. 33 DACS is
also authorized to adopt rules that are:34
 In the interest of public health, safety, and welfare and to promote the safe handling of LP gas,
equipment, and systems; and

26 S. 496.406(1)(d), F.S.
27 See ch. 527, F.S.
28 Department of Agriculture and Consumer Services, LP Gas Training, https://www.fdacs.gov/Business -Services/LP-Gas-

Inspection/LP-Gas-Training (last visited Mar. 16, 2023).
29 S. 527.01(1), F.S.
30 S. 527.02, F.S.
31 Id.
32 S. 527.03, F.S.
33 S. 527.055(1)(b), F.S.
34 S. 527.06
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 Reasonably necessary to assure the competence of persons to safely engage in the business
of LP gas.

According to the DACs website, training is required for all employees of an LP gas-related business,
and refresher training must be conducted at three-year intervals.35 In addition, any person applying for
a license to engage in Category I LP Gas Dealer, Category II LP Gas Dispenser, or Category V LP Gas
Installer activities must prove competency by passing a written examination administered by DACS or
its agent.36

DACS is required to promulgate and enforce rules setting forth minimum general standards covering
the “design, construction, location, installation, and operation” of LP gas equipment.37 Currently, the
definitions for Category I LP Gas Dealers, and Category V LP Gas Installers, do not include the term
“design” in the description of services listed that such LP gas licensees are authorized to perform.38
According to DACS, the national industry standards of the National Fire Protection Association for the
storage and handling of LP gases as published in NFPA 58, Liquefied Petroleum Gas Code, 2020
Edition, which is adopted by rule, “contemplates that liquefied petroleum professionals can design such
systems within their expertise.”39

Gasoline and Oil Inspections

Current law governing gasoline and oil inspections in the state makes DACS responsible for monitoring
the accuracy of Florida's gas pumps, scales, price scanners, and other commercial weighing and
measuring devices to promote a fair and equitable marketplace and protect consumers. This includes
the inspection of retail gas stations to ensure that fuel dispensers are working safely and properly. 40

As part of these responsibilities, DACS is required to inspect all gas pumps used in selling or
distributing petroleum fuel at wholesale and retail, and affix a sticker to each gas pump signifying that
the device has been inspected and the owner is responsible for its proper use and maintenance. 41

A gas pump found to be operating outside the tolerances defined by DACS must be deemed inaccurate
and DACS is required to either:42
 Give the owner or manager reasonable time to repair the measuring device; or
 Condemn or prohibit the further use of the measuring device by using an appropriate security
seal.

It is unlawful to operate a gas pump that has been condemned or prohibited from further use without
the written consent of DACS. It is also unlawful to break, cut, or remove any seal applied by DACS to a
gas pump or container. The seal may be broken by a DACS registered meter mechanic to repair or
adjust a gas pump. However, after repairs and adjustments are complete, the adjusting mechanism
must immediately be resealed by the mechanic who must immediately notify DACS of this action.43

All persons and service agencies that repair or install gas pumps are required to register with DACS
and report to DACS when installing a gas pump.

Gas Pump Security Measures

35 Department of Agriculture and Consumer Services, LP Gas Training, https://www.fdacs.gov/Business -Services/LP-Gas-

Inspection/LP-Gas-Training (last visited Mar. 16, 2023).
36 S. 527.0201(1), F.S.
37 S. 527.06(2), F.S.
38 S. 527.01(6) and (10), F.S.
39 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2023 Senate Bill 1150, p. 2 (Mar. 8, 2023).
40 Department of Agriculture and Consumer Services, Weights and Measures, https://www.fdacs.gov/Business -Services/Weights-and-

Measures (last visited Mar. 11, 2021).
41 S. 527.07(1), F.S.
42 S. 527.07(4), F.S.
43 S. 527.07(7), F.S.
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Gas pump owners and operators are required to have a security measuring device affixed or installed
on the gas pump to restrict the unauthorized access of customer payment card information. 44 The
security measure must include one or more of the following:
 Pressure-sensitive security tape over the panel opening that leads to the scanning device to
restrict the unauthorized opening of the panel.
 A device or system that will render the gas pump or scanning device in the gas pump
inoperable if there is an unauthorized opening of the panel.
 A device or system that encrypts the customer payment card information.
 A physical locking mechanism that requires an access key unique to each station to restrict the
unauthorized access of customer payment card information.
 An alarm to alert the owner or operator if there is an unauthorized opening of the panel.
 A daily inspection of each gas pump using an anti-skimmer application that detects wireless-
based skimmers.
 A device or system that permits customers to use a contactless payment method.
 Another security measure approved by DACS.

Effective January 1, 2022, gas pump owners and operators must have at least two of the security
measures affixed or installed on the gas pump. A gas pump without a security measure or with an
illegal skimming or filtering device or an altered or damaged security measure, upon discovery by
DACS, is prohibited from further use until the security measure is installed, replaced, or repaired.
DACS is authorized to take gas pumps that do not have the two security measures out of service until
compliance is restored, and may seize without warrant any skimming device for use as evidence. 45

The regulation of gas pumps is preempted to the state.46

Retail Theft

The chapter of Florida law governing theft, robbery, and related crimes, 47 defines “theft” as knowingly
obtaining, using, or attempting to obtain or use another's property, with the intent to permanently or
temporarily:
 Deprive the person of the property, or
 Appropriate the property to an unauthorized use.48

The penalties for theft depend on several factors, such as the amount stolen, the type of property or
services stolen, and the circumstances involved. Violations for theft offenses are characterized as
“grand theft” and “petit theft.”

The lowest level theft offense is petit theft of the second degree, which includes theft of property valued
at less than $100. Petit theft of the second degree is a second degree misdemeanor,49 punishable by a
term of up to 60 days imprisonment and a $500 fine.50

The most serious level theft offense is grand theft of the first degree, which can include theft of property
valued at $100,000 or more, cargo valued at more than $50,000 which has entered interstate or
intrastate commerce, any grand theft in which the offender uses a getaway car, and any grand theft that
causes more than $1,000 worth of property damage. Grand theft of the first degree is a first degree
felony,51 punishable by a term of imprisonment of not more than 30 years and a fine up to $10,000. 52

44 S. 527.07(10), F.S.
45 Id.
46 Id.
47 See ch. 812, F.S.
48 S. 812.014(1), F.S.
49 S. 812.014(3)(a), F.S.
50 Ss. 775.082, and 775.083, F.S.
51 S. 812.014(2)(d) and (e), F.S.
52 Ss. 775.082, and 775.083, F.S.
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“Retail theft” is defined as “the taking possession of or carrying away of merchandise, 53 property,
money, or negotiable documents; altering or removing a label, universal product code, or price tag;
transferring merchandise from one container to another; or removing a shopping cart, with intent to
deprive the merchant54 of possession, use, benefit, or full retail value.” 55

It is a third degree felony56 to commit retail theft, if the property stolen is valued at $750 or more, and
the person individually or in concert with one or more other persons, commits retail theft in certain
situations.57 A third degree felony is punishable by not more than five years in prison and a maximum
fine of $5,000.58

Seized or Forfeited Property

The Florida Contraband Forfeiture Act (FCFA)59 provides for the seizure and civil forfeiture of property
related to criminal and non-criminal violations of the law.60 Contraband and other property may be
seized when utilized during a violation of, or for the purpose of violating, the act. Property constituting a
“contraband article” includes, but is not limited to the following items:61
 Motor fuel upon which the motor fuel tax has not been paid as required by law;
 Vehicles of any kind which was used or was attempted to be used as an instrumentality in the
commission of, or in aiding or abetting in the commission of, any felony; and
 Personal property including equipment, which was used or was attempted to be used as an
instrumentality in the commission of, or in aiding or abetting in the commission of, any felony.

Currently, any contraband article, vessel, motor vehicle, aircraft, other personal property, or real
property used in violation of any provision of the FCFA, or in, upon, or by means of which any violation
of the FCFA has taken or is taking place, may be seized and forfeited. 62

Retail Fuel Theft (Pulsar Manipulation Devices)

According to reports, recently, fuel thieves have been caught using homemade devices to steal fuel
from retail gas pumps. Gas pumps are currently outfitted with a device called a pulsar that counts the
gallons being pumped. Criminals will break into the gas pump, install a device to manipulate or
reengineer the current pulsar, and allow fuel to flow with out counting the gallons. This allows criminals
to pump fuel without being charged.63

In Hillsborough County, $60,000 worth of gasoline was stolen from two different gas s tations by
individuals using the pulsar manipulation devices.64 In Lakeland, two individuals were caught while
filling up a large gas tank in the back of a pickup truck after accessing the inside of the fuel pump. 65

53 “Merchandise” means “any personal property, capable of manual delivery, displayed, held, or offered for retail sale by a merchant.”

Section 812.015(1)(a), F.S.
54 “Merchant” means “an owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or operator, of any

premises or apparatus used for retail purchase or sale of any merchandise.” Section 812.015(1)(b), F.S.
55 S. 812.015(1)(d), F.S.
56 A third degree felony is generally punishable by not more than five years in state prison and a fine not exceeding $5,000. Se ctions

775.082 and 775.083, F.S.
57 S. 812.015(8), F.S.,
58 Ss. 775.082 and 775.083, F.S.
59 See ss. 932.701-932.7062, F.S.
60 S. 932.701(1), F.S.
61 S. 932.701(2)(a)4, 5, and 7, F.S.,
62 S. 932.703(1)(a), F.S.
63 MCS Petroleum, Dispenser Security, https://mcspetroleum.com/security/ (last visited Mar. 16, 2023).
64 Matthew Impelli, Fuel Thieves Used ‘Homemade Device’ to Steal $60,000 in Gas, Police Say, Newsweek, April 4, 2022,

https://www.newsweek.com/fuel-thieves-used-homemade-device-steal-60000-gas-police-say-1694856 (last visited Mar. 16, 2023).
65 Catherine Hawley, Florida men accused of tampering with gas pumps, stealing fuel in Bay area, Fox 13 News, March 17, 2022,

https://www.fox13news.com/news/florida-men-accused-of-tampering-with-gas-pumps-stealing-fuel-in-bay-area (last visited Mar.16,
2023).
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The use of these devices is not just an issue in Florida. It is happening in other states as well. The
Arizona Senate is considering a bill that would make the possession of a “pulsar manipulation device” a
class 3 felony.66 The bill defines the term pulsar manipulation device as “a mechanical or electronic
device that can manipulate the dispenser meter of a fuel pump.” 67

According to DACS:68
 Possession of such devices is legal in Florida.
 Law enforcement agencies throughout Florida continue to report pulsar compromises at gas
stations.
 Law enforcement currently relies on a statute to prosecute fuel theft crimes that does not
address fuel pulsars.69

Effect of Proposed Changes

The bill streamlines licensure requirements and reduces fees related to the private investigative, private
security, and recovery services industries, including Class “G” Statewide Firearm Licenses and Class
“K” Firearms Instructors, reduces registration fees for certain charitable organizations, clarifies the
services that LP gas licensees are authorized to conduct, and provides criminal penalties for retail fuel
theft violations.

The bill authorizes former military firearms instructors to use their experience in the military as a
training requirement when applying for a Class “K” Firearms Instructor License. Specifically, the bill
allows applicants for a Class “K” Firearms Instructor License to submit a valid DD Form 214 issued by
the U.S. Department of Defense not more than three years before the submission of the applicant's
Class "K" application, indicating that the applicant has been honorably discharged and served no less
than three years in the military as a firearms instructor.

The bill authorizes DACS to waive the four-hour annual firearms training requirement for a Class “G”
Statewide Firearms License renewal if the applicant provides proof that he or she has completed
annual firearms training in accordance with the requirements of the federal Law Enforcement Officers
Safety Act.70

The bill authorizes a Class “K” Firearms Instructor Licensee who is renewing their license to provide
proof of having taught at least six 28-hour firearms instruction courses to Class “G” applicants during
the previous 3-year license period in lieu of having to obtain proof of one of other Florida, NRA, or
federal firearms training qualifications.

The bill makes the automatic late fee for late filed private investigative, security, or recovery services
license renewal applications discretionary instead of mandatory.

The bill authorizes DACS to publish all information related to the private investigative, security, or
recovery services industry newsletter and pamphlet online in lieu of paper format.

The bill removes the requirement for a Class “E” Recovery Agents, Class “EE” Recovery Agent Interns,
or Class “D” Security Officers to sign and verify their training application under oath, thereby allowing
such applications to be signed and verified electronically.

The bill increases the contribution thresholds that are used to determine the assessment and
exemption of registration fees for charitable organizations, sponsors, or parent organizations, which will

66 Morgan Loew, Arizona Senate committee votes to outlaw fuel theft devices, 3TV/CBS 5, Feb. 3, 2023,
https://www.azfamily.com/ 2023/02/03/arizona-senate-committee-votes-outlaw-fuel-theft-devices/ (last visited Mar. 16, 2023).
67 AZ SB1177 (2023).
68 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2023 Senate Bill 1150, p. 2 (Mar. 8, 2023).
69 S. 316.80, F.S.,
70 See 18 U.S.C., ss. 926B-926C.
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have the effect of lowering fees and registration requirements for such organizations that are not in the
higher income categories. Specifically, the bill:
 Raises the $25,000 maximum contribution threshold to $50,000 for organizations that are
required to pay a $10 registration fee. Currently, organizations with maximum contributions
between $25,000 and $100,000 are required to pay a $75 registration fee.
 Raises the $25,000 total revenue threshold to $50,000 for charitable organizations and
sponsors that are exempt from registration requirements.

The bill revises the definition of a Category I LP Gas Dealer to include any person who “designs” the
apparatus, piping, tubing, appliances, and equipment for the use of liquefied petroleum or natural gas.

The bill revises the definition of a Category V LP Gas Installer to include a person whose services
include the “design” of apparatus, piping, tubing, tanks, and equipment for the use of liquefied
petroleum or natural gas.

The bill creates provisions that address retail fuel theft, including, prohibitions, seizure and forfeiture
requirements, criminal penalties, and exemptions for persons lawfully engaged in such activities.

The bill makes the following activities a third degree felony:71
 Intentionally breaching, causing to be breached, or gaining access without authorization to any
internal portion of a retail fuel dispenser.
 Using any form of electronic communication from a device such as a wireless remote,
computer, or other device which alters, tricks, or manipulates a retail fuel dispenser.
 Obtaining fuel as a result of a violation of any of these provisions.
 Aiding, abetting or assisting in a violation of any of these provisions.
 Possession of any item used to hold fuel which was not fitted to a vehicle or conveyance at the
time of manufacture with the intent to use such item, or allow such item to be used, in a violation
of these provisions.
 Modifying a vehicle's factory installed fuel tank for the purpose of committing, attempting to
commit, or aiding, abetting, or assisting someone in a violation of these provisions.

The bill makes the following activities a second degree felony:72
 Possess, use, or install any device constructed for the purpose of fraudulently altering,
manipulating, or interrupting a retail fuel dispenser from standard operation or impeding the
retail fuel dispenser's functionality while using a form of electronic communication to trick a retail
fuel dispenser.
 Tamper with, manipulate, remove, replace, or interrupt any mechanical or electronic component
located within a retail fuel dispenser for the purpose of devising or executing any scheme or
artifice to defraud or obtain property.

The bill provides that any conveyances, vehicles, fuel tanks, and other equipment used or intended to
be used in a violation of this section, and any fuel acquired in a violation of this section, is subject to
seizure and forfeiture as provided by the Florida Contraband Forfeiture Act. Law enforcement agencies
that seize fuel must remove and reclaim, recycle, or dispose of all the fuel as soon as practicable in a
safe and proper manner. Upon conviction of a person arrested for a violation of retail fuel theft, the
judge must issue an order adjudging and declaring that all conveyances, vehicles, fuel tanks, and other
equipment that was used or intended to be used are forfeited and directing their destruction, with the
exception of the conveyance or vehicle.

The bill provides that any person convicted of a violation of retail fuel theft is responsible for the
following:
 All reasonable costs incurred by the investigating law enforcement agency, including, but not
limited to:
o Costs for the towing and storage of the conveyance or vehicle;

71 Ss. 775.082, 775.083, and 775.084, F.S.
72 Id.
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o Removal and disposal of the fuel; and
o Storage and destruction of all fuel tanks and other equipment described and used or
intended to be used in the violation.
 Payment, to the party from whom it was fraudulently obtained, for the retail value of any
associated fuel at the time of the underlying act.

The bill exempts the following persons who are lawfully engaged in an activity that would otherwise be
a violation of the retail theft provisions:
 Inspectors and investigators of DACS;
 Persons registered with DACS under chapter 525, F.S.(all persons and service agencies that
repair or install petroleum fuel measuring devices must register with DACS);
 Employees or owners of fuel stations;
 Law enforcement officers; and
 Firefighters or other necessary public safety personnel.

The bill defines the term "fuel" to include any of the following:
 Alternative fuel as defined in s. 525.01, F.S.
 Aviation fuel as defined in s. 206.9815, F.S.
 Diesel fuel as defined in s. 206.86, F.S.
 Gas as defined in s. 206.9925, F.S.
 Motor fuel as defined in s. 206.01, F.S.
 Natural gas fuel as defined in s. 206.9951, F.S.
 Oil as defined in s. 206.9925, F.S.
 Petroleum fuel as defined in s. 525.01, F.S.
 Petroleum product as defined in s. 206.9925, F.S.

B. SECTION DIRECTORY:
Section 1: Amends s. 493.6105, F.S.; making a technical change; revising requirements for
applicants for a Class "K" license.

Section 2: Amends s. 493.6113, F.S.; revising the circumstances under which DACS may waive
firearms training requirements; revising requirements for applicants for a Class "K"
license; requiring the Division of Licensing to establish a specified late fee by rule.

Section 3: Amends s. 493.6123, F.S.; authorizing DACS to publish certain information online in lieu
of using a paper format.
Section 4: Amends ss. 493.6304, F.S.; relating to security officer school or training facilities.

Section 5: Amends s. 493.6406, F.S.; relating to recovery agent school or training facilities.

Section 6: Amends s. 496.405, F.S.; revising requirements relating to registration fees for certain
charitable organizations, sponsors, and parent organizations.

Section 7: Amends s. 496.406, F.S.; relating to exemption from registration for charitable
organizations and sponsors.

Section 8: Amends S. 527.01, F.S.; revising the definitions of the terms "Category I liquefied
petroleum gas dealer" and "Category V LP gas installer."

Section 9: Creates s. 812.0151, F.S.; relating to retail fuel theft.

Section 10: Reenacts s. 366.032(1)(e) and 489.105(3)(m), F.S., relating to preemption over utility
service restrictions, to incorporate the amendments made by this act to s. 527.01, F.S.

Section 11: Reenacts s. 489.105(3)(m), F.S., relating to definitions, respectively, to incorporate the
amendments made by this act to s. 527.01, F.S.
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Section 12: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
See Fiscal Comments.

2. Expenditures:
See Fiscal Comments.

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 the private sector. The bill streamlines professional
licensure requirements, allows for reduced late fees for license renewals, reduces registration fee
requirements for charitable organizations, expands services that certain LP gas licensees may conduct,
and provides fuel theft protections for gas station owners and operators.

Class “K” Firearms Instructors may experience an indeterminate reduction in demand for their services
to the extent they will not be used due to the waiver of their annual firearms training for Class “G”
Statewide Firearms License renewals.

D. FISCAL COMMENTS:
The fiscal impact to the state is indeterminate. According to DACS, “the majority of the provisions of the
bill pose a negligible fiscal impact to the department based on the waiver and exemption of fees
proposed.”73

The creation of additional felony violations associated with retail fuel theft may cause an increase in
prison beds for the Department of Corrections. However, there are existing felony violations that are
currently being utilized where the new fuel theft offenses will be utilized. It is unknown how many new
violations will occur.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

73 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2023 Senate Bill 1150, p. 2 (Mar. 8, 2023).
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municipalities.

2. Other:
Article VII, Section 19 of the Florida Constitution requires a supermajority vote to impose or raise a
tax or fee. Under this provision, “Raise” means:
a. “To increase or authorize an increase in the rate of a state tax or fee imposed on a
percentage or per mill basis;
b. To increase or authorize an increase in the amount of a state tax or fee imposed on a flat or
fixed amount basis; or
c. To decrease or eliminate a state tax or fee exemption or credit.”

The bill allows DACS to provide reduced late fees for certain license renewals. The bill also
increases the contribution thresholds that are used to determine the assessment and exemption of
registration fees for charitable organizations, which will have the effect of lowering fees for such
organizations. It is unclear as to whether this would constitute the “raising” of a fee as defined in Art.
VII s. 19.

B. RULE-MAKING AUTHORITY:
According to DACS, the DOL will need to create reasonable late fee requirements by administrative
rule. Current law provides sufficient rulemaking authority to implement the provisions of the bill.

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 1307 2023

1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 493.6105, F.S.; making
4 a technical change; revising requirements for
5 applicants for a Class "K" license; amending s.
6 493.6113, F.S.; revising the circumstances under which
7 the Department of Agriculture and Consumer Services
8 may waive firearms training requirements; revising
9 requirements for applicants for a Class "K" license;
10 requiring the Division of Licensing of the department
11 to establish a specified late fee by rule; amending s.
12 493.6123, F.S.; authorizing the department to publish
13 certain information online in lieu of using a paper
14 format; amending ss. 493.6304 and 493.6406, F.S.;
15 making technical changes; amending s. 496.405, F.S.;
16 revising requirements relating to registration fees
17 for certain charitable organizations, sponsors, and
18 parent organizations; amending s. 496.406, F.S.;
19 conforming provisions to changes made by the act;
20 amending s. 527.01, F.S.; revising the definitions of
21 the terms "Category I liquefied petroleum gas dealer"
22 and "Category V LP gas installer"; creating s.
23 812.0151, F.S.; defining the term "fuel"; providing
24 criminal penalties for certain actions relating to
25 retail fuel theft; requiring law enforcement agencies

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26 to remove and reclaim, recycle, or dispose of fuel in
27 a specified manner; requiring judges to enter a
28 specified order for persons convicted of violating
29 specified provisions; specifying that convicted
30 persons are responsible for certain costs and
31 payments; providing applicability; reenacting ss.
32 366.032(1)(e) and 489.105(3)(m), F.S., relating to
33 preemption over utility service restrictions and
34 definitions, respectively, to incorporate the
35 amendments made by this act to s. 527.01, F.S., in
36 references thereto; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Subsection (2) and paragraph (a) of subsection
41 (6) of section 493.6105, Florida Statutes, are amended to read:
42 493.6105 Initial application for license.—
43 (2) Each application must be signed and verified by the
44 applicant individual under oath as provided in s. 92.525.
45 (6) In addition to the requirements under subsection (3),
46 an applicant for a Class "K" license must:
47 (a) Submit one of the following:
48 1. The Florida Criminal Justice Standards and Training
49 Commission Instructor Certificate and written confirmation by
50 the commission that the applicant possesses an active firearms

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51 certification.
52 2. A valid National Rifle Association Private Security
53 Firearm Instructor Certificate issued not more than 3 years
54 before the submission of the applicant's Class "K" application.
55 3. A valid firearms instructor certificate issued by a
56 federal law enforcement agency issued not more than 3 years
57 before the submission of the applicant's Class "K" application.
58 4. A valid DD Form 214 issued not more than 3 years before
59 the submission of the applicant's Class "K" application,
60 indicating that the applicant has been honorably discharged and
61 served no less than 3 years in the military as a firearms
62 instructor.
63 Section 2. Paragraphs (b) and (d) of subsection (3) and
64 subsection (4) of section 493.6113, Florida Statutes, are
65 amended to read:
66 493.6113 Renewal application for licensure.—
67 (3) Each licensee is responsible for renewing his or her
68 license on or before its expiration by filing with the
69 department an application for renewal accompanied by payment of
70 the renewal fee and the fingerprint retention fee to cover the
71 cost of ongoing retention in the statewide automated biometric
72 identification system established in s. 943.05(2)(b). Upon the
73 first renewal of a license issued under this chapter before
74 January 1, 2017, the licensee shall submit a full set of
75 fingerprints and fingerprint processing fees to cover the cost

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76 of entering the fingerprints into the statewide automated
77 biometric identification system pursuant to s. 493.6108(4)(a)
78 and the cost of enrollment in the Federal Bureau of
79 Investigation's national retained print arrest notification
80 program. Subsequent renewals may be completed without submission
81 of a new set of fingerprints.
82 (b) Each Class "G" licensee shall additionally submit
83 proof that he or she has received during each year of the
84 license period a minimum of 4 hours of firearms requalification
85 training taught by a Class "K" licensee and has complied with
86 such other health and training requirements that the department
87 shall adopt by rule. Proof of completion of firearms
88 requalification training shall be submitted to the department
89 upon completion of the training. A Class "G" licensee must
90 successfully complete this requalification training for each
91 type and caliber of firearm carried in the course of performing
92 his or her regulated duties. If the licensee fails to complete
93 the required 4 hours of annual training during the first year of
94 the 2-year term of the license, the license shall be
95 automatically suspended. The licensee must complete the minimum
96 number of hours of range and classroom training required at the
97 time of initial licensure and submit proof of completion of such
98 training to the department before the license may be reinstated.
99 If the licensee fails to complete the required 4 hours of annual
100 training during the second year of the 2-year term of the

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101 license, the licensee must complete the minimum number of hours
102 of range and classroom training required at the time of initial
103 licensure and submit proof of completion of such training to the
104 department before the license may be renewed. The department may
105 waive the firearms training requirement if:
106 1. The applicant provides proof that he or she is
107 currently certified as a law enforcement officer or correctional
108 officer under the Criminal Justice Standards and Training
109 Commission and has completed law enforcement firearms
110 requalification training annually during the previous 2 years of
111 the licensure period;
112 2. The applicant provides proof that he or she is
113 currently certified as a federal law enforcement officer and has
114 received law enforcement firearms training administered by a
115 federal law enforcement agency annually during the previous 2
116 years of the licensure period; or
117 3. The applicant submits a valid firearm certificate among
118 those specified in s. 493.6105(6)(a) and provides proof of
119 having completed requalification training during the previous 2
120 years of the licensure period; or
121 4. The applicant provides proof that he or she has
122 completed annual firearms training in accordance with the
123 requirements of the federal Law Enforcement Officers Safety Act
124 under 18 U.S.C. ss. 926B-926C.
125 (d) Each Class "K" licensee shall additionally submit:

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126 1. One of the certificates specified under s. 493.6105(6)
127 as proof that he or she remains certified to provide firearms
128 instruction; or
129 2. Proof of having taught at least six 28-hour firearms
130 instruction courses to Class "G" applicants during the previous
131 3-year license period.
132 (4) A licensee who fails to file a renewal application on
133 or before its expiration must renew his or her license by
134 fulfilling the applicable requirements of subsection (3) and may
135 be required to pay by paying a late fee equal to the amount of
136 the license fee. The division shall establish the amount of the
137 late fee authorized under this subsection by rule; however, such
138 late fee may not exceed the amount of the license fee.
139 Section 3. Subsection (3) is added to section 493.6123,
140 Florida Statutes, to read:
141 493.6123 Publication to industry.—
142 (3) The department may publish all information required by
143 this section online in lieu of using a paper format.
144 Section 4. Subsection (2) of section 493.6304, Florida
145 Statutes, is amended to read:
146 493.6304 Security officer school or training facility. —
147 (2) The application must shall be signed and verified by
148 the applicant under oath as provided in s. 92.525 and must
149 contain, at a minimum, the following information:
150 (a) The name and address of the school or training

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151 facility and, if the applicant is an individual, her or his
152 name, address, and social security or alien registration number.
153 (b) The street address of the place at which the training
154 is to be conducted.
155 (c) A copy of the training curriculum and final
156 examination to be administered.
157 Section 5. Subsection (2) of section 493.6406, Florida
158 Statutes, is amended to read:
159 493.6406 Recovery agent school or training facility. —
160 (2) The application must be signed and verified by the
161 applicant under oath as provided in s. 92.525 and must shall
162 contain, at a minimum, the following information:
163 (a) The name and address of the school or training
164 facility and, if the applicant is an individual, his or her
165 name, address, and social security or alien registration number.
166 (b) The street address of the place at which the training
167 is to be conducted or the street address of the Class "RS"
168 school offering Internet-based or correspondence training.
169 (c) A copy of the training curriculum and final
170 examination to be administered.
171 Section 6. Paragraph (a) of subsection (4) of section
172 496.405, Florida Statutes, is amended to read:
173 496.405 Registration statements by charitable
174 organizations and sponsors.—
175 (4)(a) Every charitable organization, sponsor, or parent

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176 organization filing on behalf of one or more chapters, branches,
177 or affiliates that is required to register under this section
178 must pay a single registration fee. A parent organization filing
179 on behalf of one or more chapters, branches, or affiliates shall
180 total all contributions received by the chapters, branches, or
181 affiliates included in the registration statement to determine
182 registration fees. Fees shall be assessed as follows:
183 1.a. Ten dollars, if the contributions received for the
184 last fiscal or calendar year were less than $5,000; or
185 b. Ten dollars, if the contributions actually raised or
186 received from the public during the immediately preceding fiscal
187 year by such organization or sponsor are no more than $50,000
188 $25,000 and the fundraising activities of such organization or
189 sponsor are carried on by volunteers, members, officers, or
190 permanent employees, who are not compensated, primarily to
191 solicit such contributions, provided no part of the assets or
192 income of such organization or sponsor inures to the benefit of
193 or is paid to any officer or member of such organization or
194 sponsor or to any professional fundraising consultant,
195 professional solicitor, or commercial co-venturer;
196 2. Seventy-five dollars, if the contributions received for
197 the last fiscal year were $5,000 or more, but less than
198 $100,000;
199 3. One hundred twenty-five dollars, if the contributions
200 received for the last fiscal year were $100,000 or more, but

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201 less than $200,000;
202 4. Two hundred dollars, if the contributions received for
203 the last fiscal year were $200,000 or more, but less than
204 $500,000;
205 5. Three hundred dollars, if the contributions received
206 for the last fiscal year were $500,000 or more, but less than $1
207 million;
208 6. Three hundred fifty dollars, if the contributions
209 received for the last fiscal year were $1 million or more, but
210 less than $10 million;
211 7. Four hundred dollars, if the contributions received for
212 the last fiscal year were $10 million or more.
213 Section 7. Paragraph (d) of subsection (1) of section
214 496.406, Florida Statutes, is amended to read:
215 496.406 Exemption from registration.—
216 (1) The following charitable organizations and sponsors
217 are exempt from the requirements of s. 496.405:
218 (d) A charitable organization or sponsor that has less
219 than $50,000 $25,000 in total revenue during a fiscal year if
220 the fundraising activities of such organization or sponsor are
221 carried on by volunteers, members, or officers who are not
222 compensated and no part of the assets or income of such
223 organization or sponsor inures to the benefit of or is paid to
224 any officer or member of such organization or sponsor or to any
225 professional fundraising consultant, professional solicitor, or

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226 commercial co-venturer. If a charitable organization or sponsor
227 that has less than $50,000 $25,000 in total revenue during a
228 fiscal year actually acquires total revenue equal to or in
229 excess of $50,000 $25,000, the charitable organization or
230 sponsor must register with the department as required by s.
231 496.405 within 30 days after the date the revenue reaches
232 $50,000 $25,000.
233 Section 8. Subsections (6) and (10) of section 527.01,
234 Florida Statutes, are amended to read:
235 527.01 Definitions.—As used in this chapter:
236 (6) "Category I liquefied petroleum gas dealer" means any
237 person selling or offering to sell by delivery or at a
238 stationary location any liquefied petroleum gas to the consumer
239 for industrial, commercial, or domestic use; any person leasing
240 or offering to lease, or exchanging or offering to exchange, any
241 apparatus, appliances, and equipment for the use of liquefied
242 petroleum gas; any person designing, installing, servicing,
243 altering, or modifying apparatus, piping, tubing, appliances,
244 and equipment for the use of liquefied petroleum or natural gas;
245 any person installing carburetion equipment; or any person
246 requalifying cylinders.
247 (10) "Category V LP gas installer" means any person who is
248 engaged in the liquefied petroleum gas business and whose
249 services include the design, installation, servicing, altering,
250 or modifying of apparatus, piping, tubing, tanks, and equipment

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251 for the use of liquefied petroleum or natural gas and selling or
252 offering to sell, or leasing or offering to lease, apparatus,
253 appliances, and equipment for the use of liquefied petroleum or
254 natural gas.
255 Section 9. Section 812.0151, Florida Statutes, is created
256 to read:
257 812.0151 Retail fuel theft.—
258 (1) As used in this section, the term "fuel" has the same
259 meaning as in s. 163.3206(2).
260 (2) Any person who:
261 (a) Intentionally breaches, causes to be breached, or
262 gains access without authorization to any internal portion of a
263 retail fuel dispenser commits a felony of the third degree,
264 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
265 (b) Tampers with, manipulates, removes, replaces, or
266 interrupts any mechanical or electronic component located within
267 a retail fuel dispenser for the purpose of devising or executing
268 any scheme or artifice to defraud or obtain property commits a
269 felony of the second degree, punishable as provided in s.
270 775.082, s. 775.083, or s. 775.084.
271 (c) Uses any form of electronic communication from a
272 device such as a wireless remote, computer, or other device
273 which alters, tricks, or manipulates a retail fuel dispenser
274 commits a felony of the third degree, punishable as provided in
275 s. 775.082, s. 775.083, or s. 775.084.

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276 (d) Possesses, uses, or installs any device constructed
277 for the purpose of fraudulently altering, manipulating, or
278 interrupting a retail fuel dispenser from standard operation or
279 impeding the retail fuel dispenser's functionality while
280 violating paragraph (c) commits a felony of the second degree,
281 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
282 (e) Obtains fuel as a result of a violation of this
283 section commits a felony of the third degree, punishable as
284 provided in s. 775.082, s. 775.083, or s. 775.084.
285 (f) Aids, abets, or assists in a violation of this section
286 commits a felony of the third degree, punishable as provided in
287 s. 775.082, s. 775.083, or s. 775.084.
288 (g) Has in his or her possession any item used to hold
289 fuel which was not fitted to a vehicle or conveyance at the time
290 of manufacture with the intent to use such item, or allow such
291 item to be used, in a violation of this section commits a felony
292 of the third degree, punishable as provided in s. 775.082, s.
293 775.083, or s. 775.084.
294 (h) Any person who modifies a vehicle's factory installed
295 fuel tank for the purpose of committing, attempting to commit,
296 or aiding, abetting, or assisting someone in a violation of this
297 section commits a felony of the third degree, punishable as
298 provided in s. 775.082, s. 775.083, or s. 775.084.
299 (3) Any conveyances, vehicles, fuel tanks, and other
300 equipment used or intended to be used in a violation of this

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301 section, and any fuel acquired in a violation of this section,
302 is subject to seizure and forfeiture as provided by the Florida
303 Contraband Forfeiture Act.
304 (4) A law enforcement agency that seizes fuel under this
305 section must remove and reclaim, recycle, or dispose of all the
306 fuel as soon as practicable in a safe and proper manner.
307 (5) Upon conviction of a person arrested for a violation
308 of this section, the judge must issue an order adjudging and
309 declaring that all conveyances, vehicles, fuel tanks, and other
310 equipment used or intended to be used in a violation of this
311 section are forfeited and directing their destruction, with the
312 exception of the conveyance or vehicle.
313 (6) Any person convicted of a violation of this section is
314 responsible for both of the following:
315 (a) All reasonable costs incurred by the investigating law
316 enforcement agency, including, but not limited to, the costs for
317 the towing and storage of the conveyance or vehicle, the removal
318 and disposal of the fuel, and the storage and destruction of all
319 fuel tanks and other equipment described and used or intended to
320 be used in a violation of this section.
321 (b) Payment, to the party from whom it was fraudulently
322 obtained, for the retail value of any associated fuel at the
323 time of the underlying act.
324 (7) This section does not apply to the following persons
325 who are lawfully engaged in an activity that would otherwise be

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326 a violation of this section:
327 (a) Inspectors and investigators of the Department of
328 Agriculture and Consumer Services;
329 (b) Persons registered with the Department of Agriculture
330 and Consumer Services under chapter 525;
331 (c) Employees or owners of fuel stations;
332 (d) Law enforcement officers; and
333 (e) Firefighters or other necessary public safety
334 personnel.
335 Section 10. For the purpose of incorporating the
336 amendments made by this act to section 527.01, Florida Statutes,
337 in a reference thereto, paragraph (e) of subsection (1) of
338 section 366.032, Florida Statutes, is reenacted to read:
339 366.032 Preemption over utility service restrictions.—
340 (1) A municipality, county, special district, or other
341 political subdivision of the state may not enact or enforce a
342 resolution, ordinance, rule, code, or policy or take any action
343 that restricts or prohibits or has the effect of restricting or
344 prohibiting the types or fuel sources of energy production which
345 may be used, delivered, converted, or supplied by the following
346 entities to serve customers that such entities are authorized to
347 serve:
348 (e) A Category I liquefied petroleum gas dealer or
349 Category II liquefied petroleum gas dispenser or Category III
350 liquefied petroleum gas cylinder exchange operator as defined in

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351 s. 527.01.
352 Section 11. For the purpose of incorporating the
353 amendments made by this act to section 527.01, Florida Statutes,
354 in a reference thereto, paragraph (m) of subsection (3) of
355 section 489.105, Florida Statutes, is reenacted to read:
356 489.105 Definitions.—As used in this part:
357 (3) "Contractor" means the person who is qualified for,
358 and is only responsible for, the project contracted for and
359 means, except as exempted in this part, the person who, for
360 compensation, undertakes to, submits a bid to, or does himself
361 or herself or by others construct, repair, alter, remodel, add
362 to, demolish, subtract from, or improve any building or
363 structure, including related improvements to real estate, for
364 others or for resale to others; and whose job scope is
365 substantially similar to the job scope described in one of the
366 paragraphs of this subsection. For the purposes of regulation
367 under this part, the term "demolish" applies only to demolition
368 of steel tanks more than 50 feet in height; towers more than 50
369 feet in height; other structures more than 50 feet in height;
370 and all buildings or residences. Contractors are subdivided into
371 two divisions, Division I, consisting of those contractors
372 defined in paragraphs (a)-(c), and Division II, consisting of
373 those contractors defined in paragraphs (d)-(q):
374 (m) "Plumbing contractor" means a contractor whose
375 services are unlimited in the plumbing trade and includes

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376 contracting business consisting of the execution of contracts
377 requiring the experience, financial means, knowledge, and skill
378 to install, maintain, repair, alter, extend, or, if not
379 prohibited by law, design plumbing. A plumbing contractor may
380 install, maintain, repair, alter, extend, or, if not prohibited
381 by law, design the following without obtaining an additional
382 local regulatory license, certificate, or registration: sanitary
383 drainage or storm drainage facilities, water and sewer plants
384 and substations, venting systems, public or private water supply
385 systems, septic tanks, drainage and supply wells, swimming pool
386 piping, irrigation systems, and solar heating water systems and
387 all appurtenances, apparatus, or equipment used in connection
388 therewith, including boilers and pressure process piping and
389 including the installation of water, natural gas, liquefied
390 petroleum gas and related venting, and storm and sanitary sewer
391 lines. The scope of work of the plumbing contractor also
392 includes the design, if not prohibited by law, and installation,
393 maintenance, repair, alteration, or extension of air-piping,
394 vacuum line piping, oxygen line piping, nitrous oxide piping,
395 and all related medical gas systems; fire line standpipes and
396 fire sprinklers if authorized by law; ink and chemical lines;
397 fuel oil and gasoline piping and tank and pump installation,
398 except bulk storage plants; and pneumatic control piping
399 systems, all in a manner that complies with all plans,
400 specifications, codes, laws, and regulations applicable. The

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401 scope of work of the plumbing contractor applies to private
402 property and public property, including any excavation work
403 incidental thereto, and includes the work of the specialty
404 plumbing contractor. Such contractor shall subcontract, with a
405 qualified contractor in the field concerned, all other work
406 incidental to the work but which is specified as being the work
407 of a trade other than that of a plumbing contractor. This
408 definition does not limit the scope of work of any specialty
409 contractor certified pursuant to s. 489.113(6) and does not
410 require certification or registration under this part as a
411 category I liquefied petroleum gas dealer, or category V LP gas
412 installer, as defined in s. 527.01, who is licensed under
413 chapter 527 or an authorized employee of a public natural gas
414 utility or of a private natural gas utility regulated by the
415 Public Service Commission when disconnecting and reconnecting
416 water lines in the servicing or replacement of an existing water
417 heater. A plumbing contractor may perform drain cleaning and
418 clearing and install or repair rainwater catchment systems;
419 however, a mandatory licensing requirement is not established
420 for the performance of these specific services.
421 Section 12. This act shall take effect July 1, 2023.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: HB 1333 Interstate-Mobility and Universal-Recognition Occupational Licensing Act
SPONSOR(S): Koster
TIED BILLS: IDEN./SIM. BILLS: SB 1364

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF

1) Regulatory Reform & Economic Wright Anstead
Development Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee

SUMMARY ANALYSIS
An occupational or professional license is a form of government regulation that requires individuals to obtain
authorization in order to perform certain types of work, such as nurses, contractors, and cosmetologists.
Florida’s Sunrise Act prohibits state regulation of occupations and professions that unnecessarily restrict entry
into the profession or occupation and the Act requires that any regulation only be adopted if it is necessary to
protect the health, safety, and welfare of the public.

The bill requires Florida licensing boards that issue occupational licenses or government certifications to
individuals under ch. 455, F.S., relating to the regulations of professions by the Department of Business and
Professional Regulation (DBPR), or ch. 456, F.S., relating to the regulation of professions by the Department of
Health (DOH), to issue an occupational license or government certification (universal license) to eligible
applicants, under certain circumstances (universal licensing requirement).

Applicants may seek a universal license through one of three pathways described in the bill. An applicant from
another state is automatically approved under the universal licensing scheme if:
 The applicant is licensed by another licensing entity or state;
 The applicant has certain work experience in another state or in the military; or
 The applicant has a private certification with work experience in a non-licensing state or the military.

The bill provides that an applicant with a valid occupational license or certification in good standing, or who
otherwise meets the requirements for an occupational license for a lawful occupation, is presumed to be
qualified for the license and must be issued an occupational license or government certification by the
appropriate Florida licensing board.

The bill provides that during a declared state of emergency, the Governor may order the recognition of
occupational licenses from outside Florida or from a foreign country as if the licenses were issued in Florida,
may expand any occupation license scope of practice, and authorize licensees to provide services in Florida in
person, telephonically, or by other means for the duration of the emergency.

The bill will have an indeterminate fiscal impact on state and 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 .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Occupational Licensing

An occupational or professional license is a form of government regulation that requires individuals who
want to perform certain types of work, such as nurses, contractors, and cosmetologists, to obtain
governmental authorization to work in a specific field.1

An estimated 23.5 percent of the civilian labor force nationwide has an occupational license.2 Various
governmental entities and agencies in Florida license and regulate such individuals practicing in a wide
range of professions, including:3
 Department of Business and Professional Regulation (DBPR),
 Department of Health (DOH),
 Department of Financial Services (DFS),
 Department of Agriculture and Consumer Services (DACS),
 Florida Supreme Court (FSC),
 Department of Environmental Protection (DEP),
 Agency for Healthcare Administration (AHCA),
 Department of Children and Families (DCF),
 Department of Elder Affairs (DEA),
 Department of Highway Safety and Motor Vehicles (DHSMV), and
 Office of Financial Regulation (OFR).

In the 1950s, less than five percent of U.S. workers were required to have a license to do their jobs.
Since then the number of workers required to have a license has risen five-fold to more than one-
quarter of U.S. workers with most of these workers being licensed by the states. Almost two-thirds of
this change stems from an increase in the number of professions that require a license. The number of
licensed workers is even higher in Florida, with an estimated 28.7 percent of the workforce being
licensed by the state.4

In 2015, the White House published a report on the current state of occupational licensing in the nation.
The report found that when designed and implemented carefully, requiring occupational licenses offers
important health and safety protections to consumers as well as benefits to workers. However, the
report also found that too often licensing requirements are inconsistent, inefficient, arbitrary, and there
is evidence that the current license regime in the U.S. raises the price of goods and services, restricts
employment opportunities, and makes it more difficult for workers to take their skills across state lines.5

The report stated that because occupations are diverse in their tasks, designing and implementing
successful occupational license regulations often requires a tailored approach. However, there are a
number of common factors that policymakers should consider when contemplating enacting, revising,
or repealing an occupational regulation. Policymakers should: 6
 Ensure that restrictions are closely targeted to protecting public health and safety, and are not
overly burdensome;

1 The White House, Occupational Licensing: A Framework for Policymakers, 6 (July 2015)

https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing_report_final_nonembargo.pdf (last visited on Mar 20, 2023).
2 Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey, 2021 , Certification and licensing status of the

civilian noninstitutional population 16 years and over by employment status (bls.gov), (last visited on Mar. 20, 2023).
3 Chs. 20, 25, F.S.
4 White House supra note 1 at 3 & 24.
5 Id.
6 Id. at 41-43
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 Facilitate a careful consideration of licensure’s costs and benefits; and
 Work to reduce licensing’s barriers to mobility.

Policymakers can facilitate a careful consideration of licensure costs and benefits through both sunrise
and sunset reviews. However, evidence suggests that sunrise reviews are more successful at limiting
the growth of licensing since removing a license is much more difficult than enacting one. Additionally,
state regulators suggested that sunrise reviews may be more effective than sunset reviews.7

Sunrise Review

Generally, a sunrise review is a formal process where a legislature scrutinizes legislation proposing to
regulate an unregulated profession or occupation by requiring a cost-benefit analysis before the
legislation is enacted. Most sunrise reviews require the proponents of the regulation to outline the
potential impacts, costs, and benefits of the proposed regulation. Some states require the proponents
of the regulation to provide certain information to a legislative committee or a state agency for analysis
and evaluation, which is then provided to the legislature. Policymakers can review the information
provided before moving forward with the legislation.8

Currently 14 states, including Florida, have sunrise reviews.9 However, states vary widely in how
independently and thoroughly they administer sunrise reviews. Colorado requires proponents of
regulation to submit the proposed regulation along with the potential impacts, costs, and benefits to the
Colorado Department of Regulatory Agencies for analysis and evaluation. 10 Minnesota requires
proponents of regulation to file a report outlining the regulation’s potential impacts, costs, and benefits
with the legislature within 15 days of the bill being introduced. 11 Maine requires sunrise reviews for
legislation regulating an unregulated profession or occupation and legislation that substantially expands
regulation of an already regulated profession or occupation. 12 Florida currently requires proponents of
regulation to file information about the regulation’s potential impacts, costs, and benefits upon
request.13

Florida’s Sunrise Act

Section 11.62, F.S., is Florida’s sunrise review, which is called the Sunrise Act. The Sunrise Act states
that regulation should not be adopted unless it is:
 Necessary to protect the public health, safety, or welfare from significant and discernible harm
or damage;
 Exercised only to the extent necessary to prevent the harm; and
 Limited so as not to unnecessarily restrict entry into the practice of the profession or adversely
affect public access to the professional services.

In determining whether to regulate a profession or occupation, the Sunrise Act requires the Legislature
to consider the following:
 Whether the unregulated practice of the profession or occupation will substantially harm or
endanger the public health, safety, or welfare, and whether the potential for harm is
recognizable and not remote;
 Whether the practice of the profession or occupation requires specialized skill or training and
whether that skill or training is readily measurable or quantifiable so that examination or training
requirements would reasonably assure initial and continuing professional or occupational ability;

7 Id. at 42, 48-49.
8 Id. at 48; Iris Hentze, Improving Occupational Licensing with Sunrise and Sunset Reviews, National Conference of State

Legislatures, (July 2018), https://www.ncsl.org/labor-and-employment/sunset-and-sunrise (last visited Mar. 20, 2023); Council on
Licensure & Regulation, Sunrise, Sunset and State Agency Audits, https://clear.wildapricot.org/page-486181 (last visited Mar. 20,
2023).
9 Council on Licensure & Regulation supra note 5.
10 Colo. Rev. Stat. § 24-34-104.1.
11 Minn. Stat. § 214.002.
12 ME. Rev. Stat. Ann. Tit. 32-1A, § 60-J.
13 S. 11.62(4), F.S.
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 Whether the regulation will have an unreasonable effect on job creation or job retention in the
state or will place unreasonable restrictions on the ability of individuals who seek to practice or
who are practicing a given profession or occupation to find employment;
 Whether the public is or can be effectively protected by other means; and
 Whether the overall cost-effectiveness and economic impact of the proposed regulation,
including the indirect costs to consumers, will be favorable.

The Sunrise Act requires proponents of legislation that propose new regulation on professions or
occupations to provide the following information, upon request, by the agency proposed to have
jurisdiction or the legislative committee to which the legislation is referred, to document the need for
regulation:
 The number of individuals or businesses that would be subject to the regulation;
 The name of each association that represents members of the profession or occupation,
together with a copy of its codes of ethics or conduct;
 Documentation of the nature and extent of the harm to the public caused by the unregulated
practice of the profession or occupation, including a description of any complaints that have
been lodged against persons who have practiced the profession or occupation in this state
during the preceding three years;
 A list of states that regulate the profession or occupation, and the dates of enactment of each
law providing for such regulation and a copy of each law;
 A list and description of state and federal laws that have been enacted to protect the public with
respect to the profession or occupation and a statement of the reasons why these laws have not
proven adequate to protect the public;
 A description of the voluntary efforts made by members of the profession or occupation to
protect the public and a statement of the reasons why these efforts are not adequate to protect
the public;
 A copy of any federal legislation mandating regulation;
 An explanation of the reasons why other types of less restrictive regulation would not effectively
protect the public;
 The cost, availability, and appropriateness of training and examination requirements;
 The cost of regulation, including the indirect cost to consumers, and the method proposed to
finance the regulation;
 The cost imposed on applicants or practitioners or on employers of applicants or practitioners as
a result of the regulation;
 The details of any previous efforts in this state to implement regulation of the profession or
occupation; and
 Any other information the agency or the committee considers relevant to the analysis of the
proposed legislation.

The Sunrise Act requires the agency proposed to have jurisdiction over the regulation to provide the
Legislature with the following information:
 The resources required to implement and enforce the regulation;
 The technical sufficiency of the proposal, including its consistency with the regulation of other
professions; and
 Any alternatives that may result in less restrictive or more cost-effective regulation.

In determining whether to recommend regulation, the legislative committee reviewing the proposal must
assess whether the proposed regulation is:
 Justified based on the statutory criteria and the information provided by both the proponents of
regulation and the agency responsible for its implementation;
 The least restrictive and most cost-effective regulatory scheme necessary to protect the public;
and
 Technically sufficient and consistent with the regulation of other professions under existing law.

Department of Business and Professional Regulation

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The Florida Department of Business and Professional Regulation (DBPR), through 11 divisions,
regulates and licenses businesses and professionals in Florida. The divisions established under DBPR
include:
• 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 Professions;
• The Division of Real Estate;
• The Division of Regulation;
• The Division of Technology; and
• The Division of Service Operations.14

The Division of Professions (Professions) licenses and regulates more than 434,000 professionals
through the following professional boards and programs:
• Board of Architecture and Interior Design,
• Asbestos Licensing Unit,
• Athlete Agents,
• Board of Auctioneers,
• Barbers’ Board,
• Building Code Administrators and Inspectors Board,
• Regulatory Council of Community Association Managers,
• Construction Industry Licensing Board,
• Board of Cosmetology,
• Electrical Contractors’ Licensing Board,
• Board of Employee Leasing Companies,
• Home Inspectors,
• Board of Landscape Architecture,
• Mold-Related Services,
• Board of Pilot Commissioners,
• Board of Professional Geologists.
• Talent Agencies,
• Board of Veterinary Medicine, and
• Florida Board of Professional Engineers.15

The Division of Regulation is the enforcement authority for the Florida Athletic Commission, Farm Labor
Program, Child Labor Program, and any professional boards and programs housed within
Professions.16 To ensure compliance with applicable laws and rules by those professions and related
businesses, Regulations investigates complaints, utilizes compliance mechanisms, and performs
inspections.17

The Division of Certified Public Accounting is responsible for the regulation of certified public
accountants and accounting firms in the state.18

The Division of Real Estate is responsible for the regulation of real estate sales associates, brokers,
and appraisers, in conjunction with the Florida Real Estate Commission and the Florida Real Estate
Appraisal Board.19

14 s. 20.165, F.S.
15 Florida Department of Business and Professional Regulation, Division of Professions, http://www.myfloridalicense.com/dbpr/pro/

index.html (last visited Feb. 20, 2017).
16 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers.
17 Florida Department of Business and Professional Regulation, Division of Regulation,

http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last visited Mar. 12, 2023).
18 S. 473.3035, F.S.; Florida Department of Business and Professional Regulation, Certified Public Accounting, Certified Public

Accounting – MyFloridaLicense.com (last visited Mar. 12, 2023).
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Each profession is governed by an individual practice act and by ch. 455, F.S., which provides the
general powers of the DBPR and sets forth the procedural and administrative framework for all of the
professional boards housed under DBPR.20 Chapter 455, F.S., applies to the regulation of professions
constituting “any activity, occupation, profession, or vocation regulated by the DBPR in the Divisions of
Certified Public Accounting, Professions, Real Estate, and Regulation.” 21

In Fiscal Year 2021-2022, the DBPR’s Division of Professions, had 937,960 active licensees (of which
38,541 were licensed accountants; 66,936 were licensed engineers, and 345,026 were real estate-
related licensees).22 Such licenses have statutory procedures in places to allow out-of-state licensees
to obtain a Florida license.

In 2020, HB 1193,23 an omnibus license deregulation bill, was enacted, which instituted greater license
portability measures for the following DBPR licenses:
 Veterinarians,
 Construction contractors,
 Electrical contractors,
 Landscape architects,
 Geologists,
 Professional engineers,
 Certified public accountants,
 Home inspectors,
 Building code professionals,
 Cosmetologists, and
 Barbers.

Locally Licensed Contractors

Chapter 489, F.S., relates to “contracting,” with part I addressing the licensure and regulation of
construction contracting, and part II addressing the licensure and regulation of electrical and alarm
system contracting. DBPR, through the Construction Industry Licensing Board and the Electrical
Contractors’ Licensing Board and under the Division of Professions, provide statewide licenses for
various construction and electrical contractors. Chapter 489, F.S., also allows local jurisdictions across
the state to locally license registered contractors to practice in their jurisdiction.24

Department of Health

The Department of Health (DOH) is created under the authority of s. 20.43, F.S., which outlines the
composition of the agency structure to include the Division of Medical Quality Assurance (MQA). MQA
is statutorily responsible for the following boards and professions established within the division:
 The Board of Acupuncture, created under ch. 457, F.S.;
 The Board of Medicine, created under ch. 458, F.S.;
 The Board of Osteopathic Medicine, created under ch. 459, F.S.;
 The Board of Chiropractic Medicine, created under ch. 460, F.S.;
 The Board of Podiatric Medicine, created under ch. 461, F.S.;
 Naturopathy, as provided under ch. 462, F.S.;
 The Board of Optometry, created under ch. 463, F.S.;
 The Board of Nursing, created under part I of ch. 464, F.S.;

19 S. 475.021, F.S.
20 S. 455.203, F.S.
21 S. 455.01(6), F.S.
22 See Department of Business and Professional Regulation, Annual Report, Fiscal Year 2021-2022, at 10, at

http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021-22.pdf (last visited
Mar. 20, 2023).
23 Ch. 2020-125, L.O.F.
24 Ss. 489.117 and 489.131, F.S.
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 Nursing assistants, as provided under part II of ch. 464, F.S.;
 The Board of Pharmacy, created under ch. 465, F.S.;
 The Board of Dentistry, created under ch. 466, F.S.;
 Midwifery, as provided under ch. 467, F.S.;
 The Board of Speech-Language Pathology and Audiology, created under part I of ch. 468, F.S.;
 The Board of Nursing Home Administrators, created under part II of ch. 468, F.S.;
 The Board of Occupational Therapy, created under part III of ch. 468, F.S.;
 Respiratory therapy, as provided under part V of ch. 468, F.S.;
 Dietetics and nutrition practice, as provided under part X of ch. 468, F.S.;
 The Board of Athletic Training, created under part XIII of ch. 468, F.S.;
 The Board of Orthotists and Prosthetists, created under part XIV of ch. 468, F.S.;
 Electrolysis, as provided under ch. 478, F.S.;
 The Board of Massage Therapy, created under ch. 480, F.S.;
 The Board of Clinical Laboratory Personnel, created under part III of ch. 483, F.S.;
 Medical physicists, as provided under part IV of ch. 483, F.S.;
 The Board of Opticianry, created under part I of ch. 484, F.S.;
 The Board of Hearing Aid Specialists, created under part II of ch. 484, F.S.;
 The Board of Physical Therapy Practice, created under ch. 486, F.S.;
 The Board of Psychology, created under ch. 490, F.S.;
 School psychologists, as provided under ch. 490, F.S.;
 The Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health
Counseling, created under ch. 491, F.S.; and
 Emergency medical technicians and paramedics, as provided under part III of ch. 401, F.S.;

The DOH and the practitioner boards have different roles in the regulatory system. Boards establish
practice standards by rule, pursuant to statutory authority and directives.25 The DOH receives and
investigates complaints about practitioners and prosecutes cases for disciplinary action against
practitioners.

The DOH, on behalf of the professional boards, investigates complaints against practitioners. 26 Once
an investigation is complete, the DOH presents the investigatory findings to the boards. The DOH
recommends a course of action to the appropriate board’s probable cause panel which may include: 27
Issuing an emergency order;
Having the file reviewed by an expert;
Issuing a closing order; or
Filing an administrative complaint.

The boards determine the course of action and any disciplinary action to take against a practitioner
under the respective practice act.28 For professions for which there is no board, the DOH determines
the action and discipline to take against a practitioner and issues the final orders. 29 The DOH is
responsible for ensuring that licensees comply with the terms and penalties imposed by the boards. 30 If
a case is appealed, DOH attorneys defend the final actions of the boards before the appropriate
appellate court.31

25 The DOH also establishes these for some professions. Professions which do not have a board include naturopathy, nursing

assistants, midwifery, respiratory therapy, dietetics and nutrition, electrolysis, medical physicists, genetic counselors, an d school
psychologists.
26 Department of Health, Investigative Services, http://www.floridahealth.gov/licensing-and-regulation/enforcement/admin-complaint-

process/isu.html (last visited Mar. 20, 2023).
27 Department of Health, Prosecution Services, http://www.floridahealth.gov/licensing-and-regulation/enforcement/admin-complaint-

process/psu.html (last visited Mar. 20, 2023).
28 S. 456.072(2), F.S.
29 Supra note 25.
30 Supra note 27.
31 Id.
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The DOH and board rules apply to all statutory grounds for discipline against a practitioner. Under
current law, the DOH has disciplinary authority for violations of a practice act only for practitioners that
are not regulated by a board. The DOH does not have final disciplinary authority over practitioners for
which there is a board.

Florida Health Care Licensure

The DOH does not license health care practitioners by specialty or subspecialty. A health care
practitioner’s specialty area of practice is acquired through the practitioner acquiring additional
education, training, or experience in a particular area of health care practice. Practitioners who have
acquired additional education, training, or experience in a particular area may also elect to become
board-certified in that specialty by private, national specialty boards, such as the American Board of
Medical Specialties (ABMS), the Accreditation Board for Specialty Nursing Certification, and the
American Board of Dental Specialties.32 Board certification is not required to practice a medical or
osteopathic specialty.

Health Care Practitioner Licensure – Federal Government and Military

The federal government does not license health care practitioners, nor does it regulate practitioner
behavior in terms of scope of practice, standards of practice, or practitioner discipline. Instead, the
federal government relies on state governments to fulfill those functions.

In addition to state licensure requirements, Medicare, Medicaid, and other government reimbursement
programs 33 rely on the power of the purse to manage practitioners and facilities providing health care
services to persons enrolled in such programs. These programs impose “conditions of participation”
and “conditions of payment,” which essentially mandate compliance with specified standards.
Certification under a federal health care program is an authorization to participate in government
payment systems; it is distinct from state licensure or accreditation by a nationally-recognized board.34

For example, under federal labor law, the definition of “health care provider” includes, in part, a doctor
of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the
doctor practices, and others capable of providing health care services, including podiatrists, dentists,
clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse midwives, clinical social
workers, and physician assistants who are authorized to practice in the state and performing within the
scope of their practice as defined under state law. 35

Federal laws do not license or regulate such practitioners in the manner state regulatory laws and
practice acts do, and do not define practitioner credentials or scopes of practice outside the applicable
state law.

United States Armed Forces Career Fields

The U.S. Armed Forces consists of six military branches: Air Force, Army, Coast Guard, Marine Corps,
Navy, and Space Force. The secretary of the U.S. Department of Defense controls each branch, except
the Coast Guard, which is under the Department of Homeland Security (DHS). With more than two
million civilian and military employees, the U.S. Department of Defense is the world's largest
employer.36

32 Examples of specialties include dermatology, emergency medicine, ophthalmology, pediatric medicine, certified registered nurs e
anesthetist, clinical nurse specialist, cardiac nurse, nurse practitioner, endodontics, orthodontics, and pediatric dentistry .
33 Programs such as the federal workers’ compensation program for longshoremen and harbor workers found under 20 CFR

Subchapter A, available at: https://www.law.cornell.edu/cfr/text/20/chapter-VI/subchapter-A (last visited Mar. 17, 2023).
34 The Healthcare Law Review: USA, Spotlight: The Regulation of Healthcare Providers and Professionals in the USA, Sept. 7, 2020,

available at: https://www.lexology.com/library/detail.asp x?g=c3c193d 0-753e-4244-914a-fd943e70ec8e (last visited Mar. 17, 2023).
35 See 29 CFR s. 825.125, defining the term “health care provider” in the context of the Family and Medical Leave Act of 1993, as

amended.
36 Military.com, What Are the Branches of the US Military? at https://www.military.com/jo in-armed-forces/us-military-branches-

overview.html (last visited Mar. 20, 2023).
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Joining the U.S. Armed Forces as an enlisted member or an officer has a significant impact on the type
of experience and training a new recruit receives. All jobs for enlisted members require a high school
diploma, although, with certain exceptions, a passing General Education Development (GED) test
score is acceptable. While jobs for enlisted members include infantry roles, most jobs involve hands -on
training for mechanical, transportation, human service, or office fields that transfer to the civilian world.

Almost all officer positions require a four-year college degree or equivalent. Officers are the managers
of the military, acting in leadership roles that require planning, directing operations, and making critical
decisions. Officer positions also include careers that require advanced degrees, such as law and
medicine.37

The careers available to members of the U.S. Armed Forces are extensive, and depending on the
service branch, have been referred to as career management fields (CMF), occupational management
fields (OMF), and military occupational specialties (MOS). 38

Servicemember Professional License Portability

The federal Veterans Auto and Education Improvement Act of 2022, 39 (the federal portability act) which
became law on January 5, 2023, addresses the portability of professional licenses held by members of
the U.S. Armed Forces (service members) and their spouses, when they move outside the jurisdiction
that issued the license due to military orders for military service, under specified circumstances.

Portability is available only for a professional license or certificate in good standing with the issuing
licensing authority which has been actively used by the servicemember or spouse during the two years
immediately preceding the relocation (covered licenses), and licenses to practice law are expressly not
covered.

Under the act, a covered license must be considered valid at a similar scope of practice and in the
discipline applied for in the jurisdiction of such new residency for the duration of such military orders if
such servicemember or spouse:
 Provides a copy of military orders to the licensing authority in the new jurisdiction;
 Remains in good standing with:
o The licensing authority that issued the covered license; and
o Every other licensing authority that has issued to the servicemember or spouse a license
with a similar scope of practice and in the discipline applied in the new jurisdiction; and
 Submits to the authority of the licensing authority in the new jurisdiction for the purposes of
standards of practice, discipline, and fulfillment of any continuing education requirements.

If the license of a servicemember or spouse is covered by an interstate licensure compact, use of the
license is governed by the interstate compact or applicable state law, and the above portability
provisions do not apply.

Occupational Licensing Trends

According to the National Conference of State Legislatures (NCSL), “occupational licensing remains a
growing area of interest for states, stemming largely from tight labor markets and the race to recruit
workers for the large number of job openings nationwide. In 2022, the focus has largely been on

37 Today’s Military, Enlisted and Officer Paths, at https://www.todaysmilitary.com/ways -to-serve/enlisted-officer-paths (last visited

Mar. 20, 2023).
38 See e.g., listed careers for the Air Force, Army, Marines, and Navy, respectively, at https://www.airforce.com/careers ;

https://en.wikipedia.org/wiki/List_of_United_States_Army_careers ; https://www.marines.com/about-the-marine-corps/roles/military -
occupational-specialty.html; and https://www.navy.com/node/3512 (all last visited Mar. 20, 2023).
39 See s. 19, Pub. Law No. 117-333, H.R. 7939, 117th Cong. (Jan. 5, 2023) at https://www.congress.gov/bill/117th-congress/house-

bill/7939/text (last visited Mar. 17, 2023), which amended the Servicemembers Civil Relief Act (SCRA), 42 U.S.C. 4021 et seq. by
adding Section 705A. The amendment also expands the right to terminate certain types of service contracts and clarifies optio ns for
tax residence for a servicemember and his or her spouse.
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improving the accessibility of licensing in order to bolster the workforce and integrate new
employees.”40 The NCSL identified four trends: worker mobility; universal licensure recognition;
reducing barriers for veterans and military spouses; and simplifying or eliminating licensing. 41

Emergency Powers

During a declared state of emergency, in addition to any other powers conferred upon the Governor by
law, the Governor may suspend the provisions of any regulatory statute prescribing the procedures for
conduct of state business or the orders or rules of any state agency, if strict compliance with the
provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary
action in coping with the emergency.42

Effect of Bill

The bill, titled the Interstate-Mobility and Universal-Recognition Act, relates to licenses and
certifications issued by DBPR and DOH. The bill requires DBPR and DOH to recognize other state
licenses and certifications, certain work experience, and private certifications and work experience for
certain individuals, under certain circumstances.

The bill requires Florida licensing boards that issue occupational licenses or government certifications
to individuals under ch. 455, F.S., relating to the regulations of professions by the Department of
Business and Professional Regulation (DBPR), or ch. 456, F.S., relating to the regulation of professions
by the Department of Health (DOH), to issue an occupational license or government certification
(universal license) to eligible applicants, under certain circumstances (universal licensing requirement).

Applicants may seek a universal license through one of three pathways described in the bill. An
applicant from another state is automatically approved under the universal licensing scheme if:

 The applicant is licensed by another licensing entity or state;
 The applicant has certain work experience in another state or in the military; or
 The applicant has a private certification with work experience in a non-licensing state or the
military.

The bill provides that an applicant with a valid occupational license or certification in good standing, or
who otherwise meets the requirements for an occupational license for a lawful occupation, is presumed
to be qualified for the license and must be issued an occupational license or government certification by
the appropriate Florida licensing board.

The bill provides the following definitions:
 "Board" means an agency, board, department, or other governmental entity that regulates a
lawful occupation under DBPR or DOH and issues an occupational license or government
certification to an individual.
 "Government certification" means a voluntary, government-granted, and nontransferable
recognition granted to an individual who meets personal qualifications related to a lawful
occupation. The term includes a military certification for a lawful occupation. The term does not
include credentials,43 such as those used for medical board certification or held by a certified
public accountant, that are prerequisites to working lawfully in an occupation.

40 See NCSL 2022 Occupational Licensing Trends Summary, https://www.ncsl.org/labor-and-employment/2022-occupational-

licensing-trends (last visited Mar. 20, 2023).
41 Id.
42 S. 252.36(6), F.S.
43 The term “credentials” is not defined in the bill, however, see the University of Florida Professional and Workforce Development

Medical Credentialing Program information at https://pwd.aa.ufl.edu/medical-credentialing-program/ (last visited Mar. 20, 2023). The
Florida Certification Board (FCB), a nonprofit organization, indicates it has, over the last 30 years, designed, developed an d managed
certification programs in Florida for over 30 health and human services professions. See https://flcertificationboard.org/credentials/
and https://flcertificationboard.org/about/ (last visited Mar. 20, 2023).
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 "Lawful occupation" means a course of conduct, pursuit, or profession that includes lawful the
sale of goods or services to sell regardless of whether the individual selling them is subject to
an occupational license.
 "Military" means the Armed Forces of the United States, including the Air Force, Army, Coast
Guard, Marine Corps, Navy, Space Force, National Guard, and all reserve components and
auxiliaries. The term also includes the military reserves and militia of any United States territory
or state.
 "Occupational license" means a nontransferable authorization in law for an individual to
exclusively perform a lawful occupation based on meeting personal qualifications. The term
includes a military occupational specialty.
 "Other licensing entity" or "another licensing entity" means any United States territory or state in
the United States other than this state which issues occupational licenses or government
certifications. The term includes the military.
 "Private certification" means a voluntary program in which a private organization grants
nontransferable recognition to an individual who meets personal qualifications and standards
relevant to performing the occupation, as determined by the private organization.
 "Scope of practice" means the procedures, actions, processes, and work that a person may
perform under an occupational license or government certification issued in this state

The bill provides that notwithstanding any other law, a board must issue an occupational licens e or
government certification to a person applying to a board for such license or certification if all of the
following apply:
 The person holds a current and valid occupational license or government certification by
another licensing entity in a lawful occupation with a similar scope of practice, as determined by
a board in this state.
 The person has held the occupational license or government certification by another licensing
entity for at least 1 year.
 A board for the other licensing entity required the person to pass an examination or meet
education, training, or experience standards.
 A board for the other licensing entity holds the person in good standing.
 The person does not have a disqualifying criminal record as determined by a board in this state.
 A board for another licensing entity has not revoked the person's occupational license or
government certification because of negligence or intentional misconduct related to the person's
work in the occupation.
 The person did not surrender an occupational license or government certification, or have such
license or certification revoked, because of negligence or intentional misconduct related to the
person's work in the occupation in another state or in the military.
 The person does not have a complaint, allegation, or investigation pending before a board for
another licensing entity which relates to unprofessional conduct or an alleged crime. If the
person has a complaint, allegation, or investigation pending, a board may not issue or deny an
occupational license or government certification to the person until the complaint, allegation, or
investigation is resolved or the person otherwise meets the criteria for an occupational license
or government certification in this state to the satisfaction of a board in this state.
 The person pays all applicable fees in this state.

If another licensing entity issued the person a government certification but this state requires an
occupational license to work, a board must issue an occupational license to the person if the person
otherwise satisfies all of the above qualifications.

Work Experience

In addition, the bill requires board under DBPR and DOH to issue an occupational license or
government certification to a person applying to the board for such license or certification based on
work experience in another state or the military if all of the following requirements are met:
 The person worked in a state that does not use an occupational license or government
certification to regulate a lawful occupation or was a member of the military, but this state uses
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DATE: 3/21/2023
an occupational license or government certification to regulate a lawful occupation with a similar
scope of practice, as determined by the board.
 The person worked for at least 3 years in the lawful occupation.
 The person satisfies all of the above qualifications under occupational license or government
certification.

Private Certification

Notwithstanding any other law, a board must issue an occupational license or government certification
to a person applying for such license or certification based on the person holding a private certification
and the person's work experience in another state or the military if all of the following apply:
 The person holds a private certification and worked in a state that does not use an occupational
license or government certification to regulate a lawful occupation or was a member of the
military, but this state uses an occupational license or government certification to regulate a
lawful occupation with a similar scope of practice, as determined by the board.
 The person worked for at least 2 years in the lawful occupation.
 The person holds a current and valid private certification in the lawful occupation.
 The private certification organization holds the person in good standing.
 The person does not have a disqualifying criminal record as determined by a board in this state.
 A board for another licensing entity has not revoked the person's occupational license or
government certification because of negligence or intentional misconduct related to the person's
work in the occupation.
 The person did not surrender an occupational license or government certification, or have such
license or certification revoked, because of negligence or intentional misconduct related to the
person's work in the occupation in another state or in the military.
 The person does not have a complaint, allegation, or investigation pending before a board for
another licensing entity which relates to unprofessional conduct or an alleged crime. If the
person has a complaint, allegation, or investigation pending, a board may not issue or deny an
occupational license or government certification to the person until the complaint, allegation, or
investigation is resolved or the person otherwise meets the criteria for an occupational license
or government certification in this state to the satisfaction of a board in this state.
 The person pays all applicable fees in this state.

Presumption of Approval

The bill provides that unless a board can demonstrate a substantial difference between licensure or
certification requirements of another licensing entity and this state, there is a presumption that an
applicant who holds a valid occupational license, government certification, or private certification, or
otherwise meets the requirements to credentialed for a lawful occupation, and is in good standing in
another state is qualified for an occupational license or government certification in this state and must
be approved by the board.

A board shall provide an applicant with a written decision regarding the application within 90 days after
receiving a complete application.

Appeal Process

The person may appeal the board's decision to the Division of Administrative Hearings, such as:
 The board’s denial;
 Determination of the occupation;
 Determination of the similarity of the scope of practice of the occupational license or
government certification issued; or
 Other applicable determinations.

Applicability

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The bill provides that:
 Nothing in this bill shall prevent a person from obtaining an occupational license or government
certification from another law or rule.
 An occupational license or government certification issued under this bill is valid only in this
state unless otherwise provided by law.
 It does not prevent Florida from entering into a licensing compact or reciprocity agreement with
another state, foreign province, foreign country, international organization, or other entity.
 May not be construed to prevent this state from recognizing occupational credentials issued by
a private certification organization, foreign province, foreign country, international organization,
or other entity.
 May not be construed to require a private organization to grant or deny private certification to
any individual.

The bill provides that the Governor may order the recognition of occupational licenses from other
licensing entities or from a foreign country as if the licenses were issued in this state under a state of
emergency declared by the Governor.

The bill requires each board under DBPR and DOH to submit an annual report to the President of the
Senate and the Speaker of the House of Representatives by December 31 of each year, detailing the
number of licenses or certifications issued, the number of applications submitted which were denied,
and the reason for each denial.

The bill provides an effective date of July 1, 2023.

B. SECTION DIRECTORY:
Section 1: Creates s. 455.2135, F.S.; the “Interstate-Mobility and Universal Recognition
Occupational Licensing Act.”
Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may increase revenues from application fees at DBPR and DOH due to an increase in out-
of-state license applicants.

2. Expenditures:
DBPR and DOH may have a negative fiscal impact related to creating new licensing processes and
forms.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may increase revenues from application fees for local contracting licenses due to an
increase in out-of-state license applicants.

2. Expenditures:
The bill may cause an increase in local contractor licenses being issued, but local governments
may charge fees to cover the cost of regulation.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Individuals in the state may make the decision to forgo education and testing requirements in Florida in
favor of moving to another state that has an easier path to licensure, or move to a state that doesn’t
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DATE: 3/21/2023
have a licensing scheme to obtain a private certification, and later return to be licensed in the state
through one of the bill’s alternative pathways.

Out-of-state professionals seeking to work in the state may be eligible under the additional alternative
pathways created by the bill to obtain a license to work in specified occupations and professions in
Florida. Thus, the state may see an increase in the number of available professionals to hire.

D. FISCAL COMMENTS:
DBPR has provided the following response on the fiscal impact: 44

The potential fiscal impact to DBPR is indeterminate at this time. Depending upon the number of
individuals who take advantage of this new licensing method the DBPR would collect a corresponding
amount of revenues from the licensees. Additionally, if enough new license applications are received
there could be staffing needs in order to process any increased applications or complaints.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
Article VII, s. 19 of the Florida Constitution requires the imposition, authorization, or raising of a state
tax or fee be contained in a separate bill that contains no other subject and be approved by two-
thirds of the membership of each house of the Legislature. As such, Art, VII, s. 19 of the Florida
Constitution may apply if the fee provisions in the bill are interpreted to be a new fee.

Mandating acceptance of unspecified private certifications and other state licenses may potentially
implicate the “nondelegation doctrine.” Article III, Section 1 of the Florida Constitution states that
"[t]he legislative power of the state shall be vested in a legislature of the State of Florida.” The
Florida Supreme Court has held that this constitutional provision requires that “primary policy
decisions must be made by members of the legislature who are elected to perform those tasks, and
administration of legislative programs must be pursuant to some minimal standards and
guidelines….”45

The Legislature may constitutionally transfer subordinate functions to "permit administration of
legislative policy by an agency with the expertise and flexibility to deal with complex and fluid
conditions."46 However, the Legislature "may not delegate the power to enact a law or the right to
exercise unrestricted discretion in applying the law."47 Further, the nondelegation doctrine precludes
the Legislature from delegating its powers “absent ascertainable minimal standards and
guidelines.”48 When the Legislature delegates power to another body, it “must clearly announce
adequate standards to guide in the execution of the powers delegated.”49

44 Department of Business and Professional Regulation, Agency Analysis of 2023 Senate Bill 1364, p. 10 (Mar. 20, 2023).
45 Askew v. Cross Key Waterways, 372 So.2d 913, 925 (Fla. 1978).
46 Microtel v. Fla. Pub. Serv. Comm'n, 464 So.2d 1189, 1191 (Fla.1985) (citing State, Dep't of Citrus v. Griffin, 239 So.2d 577
(Fla.1970)).
47 Sims v. State, 754 So.2d 657, 668 (Fla. 2000).
48 Dep't of Bus. Reg., Div. of Alcoholic Beverages and Tobacco v. Jones, 474 So.2d 359, 361 (Fla. 1st DCA 1985).
49 Martin, 916 So.2d at 770.
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The bill allows people to obtain a license in this state that move here from another state more easily
than Florida residents. There are constitutional provisions and analysis that may be implicated. 50

B. RULE-MAKING AUTHORITY:
The bill requires boards at DBPR and DOH to create new licensing processes and forms. The bill does
not provide rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:

It is unclear if the bill is intended to cover all licensed professions in the state or only those licensed
professions covered in chs. 455 and 456, F.S., as it specifically excepts occupations regulated by the
Florida Supreme Court, such professionals are not regulated by DBPR or DOH.

The sponsor has indicated that an amendment is planned to address concerns once the sponsor has
heard from all interested parties and received input from DBPR and DOH. The planned amendment will
also address technical drafting issues, make conforming changes, clarify definitions and other language
for consistency, address profession and industry specific concerns by identifying more specifically
those individuals who are not covered by the universal licensing requirements created by the bill, and
will allow rulemaking by DBPR and DOH to implement the provisions in the bill.

The bill may also need clarification related to which fees an applicant must pay. DBPR and DOH have a
specific fee structure authorized for each type of license and avenue for obtaining licensure, including a
license by endorsement. The bill does not currently specify which fee or fees are applicable.

The bill may need clarification related to the requirements for a universal license based on work
experience, which appear to be internally inconsistent. To qualify under this provision, the bill requires
the applicant to have worked in another state that does not require a license for the occupation;
however, to qualify under this provision, the bill also requires the applicant to meet the requirements s.
455.2135(3)(a), F.S., which requires the person to have been licensed by another licensing entity.

Some of the bill’s provisions conflict with current law. For example: The bill creates s. 455.2135, F.S., to
provide occupational license portability for professions or occupations regulated by the DBPR and
DOH. However, ch. 455, F.S., relates to professions regulated by the DBPR. The sponsor may wish to
include in an amendment additional provisions in ch. 456, F.S., noting the applicability of the act to
professions regulated by the DOH, and providing notice to eligible individuals and the affected boards
of the universal licensing requirements. A similar amendment may be needed to clarify conflicts
between the bill’s provisions related to the Emergency Powers of the Governor that conflict with current
law.

DBPR has conveyed the following concerns:51

The bill states that a board may not issue or deny an occupational license or government certification to
any person with a pending complaint, allegation, or investigation until such matter is resolved. This
conflicts with s. 455.213(4), F.S., which authorizes denial of an initial license to any applicant who is
under investigation or prosecution in any jurisdiction for an action that would constitute a violation of ch.
455, F.S., or the respective professional practice acts, until such time as the investigation is complete. It
is unclear if the provisions of s. 120.60(1), F.S., that deem an application approved for failure to issue a
decision within 90 days of a complete application would still apply when an agency is prohibited from
denying or issuing a license while the applicant has pending complaints, allegations, or investigations.

The bill’s effective date of July 1, 2023 will not allow sufficient time for rulemaking to implement the
provisions of the bill, including developing new fees and applications.

50 U.S. Const. art IV, § 2, cl. 1; U.S. Const. art I, § 8, cl. 3; U.S. Const. amend. XIV, §§ 1,2;
51 Id. at 8-9.
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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 1333 2023

1 A bill to be entitled
2 An act relating to the Interstate-Mobility and
3 Universal-Recognition Occupational Licensing Act;
4 creating s. 455.2135, F.S.; providing a short title;
5 defining terms; requiring certain agencies, boards,
6 departments, and other governmental entities to issue
7 an occupational license or government certification to
8 persons under certain circumstances; authorizing such
9 entities to require a person to pass a specified
10 examination under certain circumstances; providing a
11 presumption that the applications of certain
12 individuals will be approved; requiring such entities
13 to provide a written decision to an applicant within a
14 specified timeframe; authorizing a person to appea l a
15 decision made under the act; specifying that a person
16 licensed or certified under the act is still subject
17 to specified laws and entities; providing
18 construction; authorizing the Governor to take certain
19 actions relating to occupational licenses during
20 declared states of emergency; requiring such entities
21 to submit an annual report to the Legislature by a
22 specified date; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25

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26 Section 1. Section 455.2135, Florida Statutes, is created
27 to read:
28 455.2135 Interstate-Mobility and Universal-Recognition
29 Occupational Licensing Act.—
30 (1) SHORT TITLE.—This section may be cited as the
31 "Interstate-Mobility and Universal-Recognition Occupational
32 Licensing Act."
33 (2) DEFINITIONS.—As used in this section, the term:
34 (a) "Board" means an agency, board, department, or other
35 governmental entity that regulates a lawful occupation under
36 this chapter or chapter 456 and issues an occupational license
37 or government certification to an individual.
38 (b) "Government certification" means a voluntary,
39 government-granted, and nontransferable recognition granted to
40 an individual who meets personal qualifications related to a
41 lawful occupation. The term includes a military certification
42 for a lawful occupation. The term does not include credentials,
43 such as those used for medical board certification or held by a
44 certified public accountant, that are prerequisites to working
45 lawfully in an occupation.
46 (c) "Lawful occupation" means a course of conduct,
47 pursuit, or profession that includes lawful the sale of goods or
48 services to sell regardless of whether the individual selling
49 them is subject to an occupational license.
50 (d) "Military" means the Armed Forces of the United

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51 States, including the Air Force, Army, Coast Guard, Marine
52 Corps, Navy, Space Force, National Guard, and all reserve
53 components and auxiliaries. The term also includes the military
54 reserves and militia of any United States territory or state.
55 (e) "Occupational license" means a nontransferable
56 authorization in law for an individual to exclusively perform a
57 lawful occupation based on meeting personal qualifications. The
58 term includes a military occupational specialty.
59 (f) "Other licensing entity" or "another licensing ent ity"
60 means any United States territory or state in the United States
61 other than this state which issues occupational licenses or
62 government certifications. The term includes the military.
63 (g) "Private certification" means a voluntary program in
64 which a private organization grants nontransferable recognition
65 to an individual who meets personal qualifications and standards
66 relevant to performing the occupation, as determined by the
67 private organization.
68 (h) "Scope of practice" means the procedures, action s,
69 processes, and work that a person may perform under an
70 occupational license or government certification issued in this
71 state.
72 (3) OCCUPATIONAL LICENSE OR GOVERNMENT CERTIFICATION.—
73 (a) Notwithstanding any other law, a board must issue an
74 occupational license or government certification to a person
75 applying to a board for such license or certification if all of

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76 the following apply:
77 1. The person holds a current and valid occupation al
78 license or government certification by another licensing entity
79 in a lawful occupation with a similar scope of practice, as
80 determined by a board in this state.
81 2. The person has held the occupational license or
82 government certification by another licensing entity for at
83 least 1 year.
84 3. A board for the other licensing entity required the
85 person to pass an examination or meet education, training, or
86 experience standards.
87 4. A board for the other licensing entity holds the person
88 in good standing.
89 5. The person does not have a disqualifying criminal
90 record as determined by a board in this state.
91 6. A board for another licensing entity has not revoked
92 the person's occupational license or government certification
93 because of negligence or intentional misconduct related to the
94 person's work in the occupation.
95 7. The person did not surrender an occupational license or
96 government certification, or have such license or certification
97 revoked, because of negligence or intentional misconduct related
98 to the person's work in the occupation in another state or in
99 the military.
100 8. The person does not have a complaint, allegation, or

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101 investigation pending before a board for another licensing
102 entity which relates to unprofessional conduct or an alleged
103 crime. If the person has a complaint, allegation, or
104 investigation pending, a board may not issue or deny an
105 occupational license or government certification to the person
106 until the complaint, allegation, or investigation is resolved or
107 the person otherwise meets the criteria for an occupational
108 license or government certification in this state to the
109 satisfaction of a board in this state.
110 9. The person pays all applicable fees in this state.
111 (b) If another licensing entity issued the person a
112 government certification but this state requires an occupational
113 license to work, a board must issue an occupational license to
114 the person if the person otherwise satisfies paragraph (a).
115 (4) WORK EXPERIENCE.—Notwithstanding any other law, a
116 board must issue an occupational license or government
117 certification to a person applying to the board for such license
118 or certification based on work experience in another state or
119 the military if all of the following apply:
120 (a) The person worked in a state that does not use an
121 occupational license or government certification to regulate a
122 lawful occupation or was a member of the military, but this
123 state uses an occupational license or government certification
124 to regulate a lawful occupation with a similar scope of
125 practice, as determined by the board.

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126 (b) The person worked for at least 3 years in the lawful
127 occupation.
128 (c) The person satisfies paragraph (3)(a).
129 (5) PRIVATE CERTIFICATION.—Notwithstanding any other law,
130 a board must issue an occupational license or government
131 certification to a person applying for such license or
132 certification based on the person holding a private
133 certification and the person's work experience in another state
134 or the military if all of the following apply:
135 (a) The person holds a private certification and worked in
136 a state that does not use an occupational license or government
137 certification to regulate a lawful occupation or was a member of
138 the military, but this state uses an occupational license or
139 government certification to regulate a lawful occupation with a
140 similar scope of practice, as determined by the board.
141 (b) The person worked for at least 2 years in the lawful
142 occupation.
143 (c) The person holds a current and valid private
144 certification in the lawful occupation.
145 (d) The private certification organization holds the
146 person in good standing.
147 (e) The person satisfies subparagraphs (3)(a)5.-9.
148 (6) STATE EXAMINATION.—A board may require a person to
149 pass a jurisprudential examination specific to relevant state
150 laws that regulate the occupation if an occupational license or

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151 government certification under this chapter or chapter 456
152 requires such examination.
153 (7) PRESUMPTION OF APPROVAL; DECISION.—Unless a board can
154 demonstrate a substantial difference between licensure or
155 certification requirements of another licensing entity and this
156 state, there is a presumption that an applicant who holds a
157 valid occupational license, government certification, or private
158 certification, or otherwise meets the requirements to be
159 credentialed for a lawful occupation, and is in good standing in
160 another state is qualified for an occupational license or
161 government certification in this state and must be approved by
162 the board. A board shall provide an applicant with a written
163 decision regarding his or her application within 90 days after
164 receiving a complete application.
165 (8) APPEAL.—
166 (a) The person may appeal the board's decision to the
167 Division of Administrative Hearings.
168 (b) The person may appeal the board's:
169 1. Denial of an occupational license or government
170 certification;
171 2. Determination of the occupation;
172 3. Determination of the similarity of the scope of
173 practice of the occupational license or government certification
174 issued; or
175 4. Other determinations made under this section.

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176 (9) STATE LAWS AND JURISDICTION.—A person who obtains an
177 occupational license or a government certification pursuant to
178 this section is subject to:
179 (a) The laws regulating the occupation in this state; and
180 (b) The jurisdiction of the board in this state.
181 (10) EXCEPTION.—This section does not apply to an
182 occupation regulated by the Florida Supreme Court.
183 (11) CONSTRUCTION.—
184 (a) This section may not be construed to prohibit a person
185 from applying for an occupational license or a government
186 certification under another law or rule.
187 (b) An occupational license or a government certification
188 issued pursuant to this section is valid only in this state.
189 Such license or certification does not make the person eligible
190 to work in another state under an interstate compact or a
191 reciprocity agreement unless otherwise provided in law.
192 (c) This section may not be construed to prevent this
193 state from entering into a licensing compact or reciprocity
194 agreement with another state, foreign province, foreign country,
195 international organization, or other entity.
196 (d) This section may not be construed to prevent this
197 state from recognizing occupational credentials issued by a
198 private certification organization, foreign province, foreign
199 country, international organization, or other entity.
200 (e) This section may not be construed to require a private

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201 certification organization to grant or deny private
202 certification to any individual.
203 (12) EMERGENCY POWERS.—
204 (a) During a state of emergency declared by the Governor,
205 the Governor may order the recognition of occupational licenses
206 from other licensing entities or from a foreign country as if
207 the licenses were issued in this state.
208 (b) The Governor may expand any occupational license's
209 scope of practice and may authorize licensees to provide
210 services in this state in person, telephonically, or by other
211 means for the duration of the emergency.
212 (13) ANNUAL REPORT.—Each board shall submit an annual
213 report to the President of the Senate and the Speaker of the
214 House of Representatives by December 31 of each year, detailing
215 the number of licenses or certifications issued pursuant to this
216 section, the number of applications submitted pursuant to this
217 section which were denied, and the reason for each denial.
218 Section 2. This act shall take effect July 1, 2023.

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HB 1383
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1383 Specialty Contractors
SPONSOR(S): Trabulsy
TIED BILLS: IDEN./SIM. BILLS:

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
In 2021, HB 735 was enacted, which expressly preempted occupational licensing to the state and provided that any
local licensing of an occupation not specifically authorized by general law may not be enforced. This preemption
supersedes any local government licensing requirement of occupations unless:
 The licensing of occupations by local governments is authorized by general law; or
 The local licensing scheme was imposed before July 1, 2021. However, any such local licensing scheme
expires on July 1, 2023.

HB 735 specifically preempted local construction licensing that is outside the scope of state construction contractor
licensing provisions regulated by the Construction Industry Licensing Board (CILB) under the Department of
Business and Professional Regulation, including, but not limited to, painting, flooring, cabinetry, interior remodeling,
handyman services, driveway or tennis court installation, decorative stone, tile, marble, granite, or terrazzo
installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron installation.

The bill requires the CILB, by July 1, 2023, to, by rule, establish certified specialty contractor categories for voluntary
licensure for all of the following:
 Structural aluminum or screen enclosures.  Structural prestressed, precast concrete work.
 Marine seawall work.  Rooftop solar heating installation.
 Marine bulkhead work.  Structural steel.
 Marine dock work.  Window and door installation, including
 Marine pile driving. garage door installation and hurricane or
 Structural masonry. windstorm protection.

The bill provides that a local government may not require a license issued by the local government or CILB to
perform a job scope which does not substantially correspond to one of the state contractor or specialty contractor
categories.

The bill prohibits local governments from requiring a license to obtain a permit for a job scope outside of the practice
of contracting.

The bill provides that a local government may not require a license as a prerequisite to submit a bid for public work
projects if the work to be performed does not require a license under general law.

The bill will likely have an indeterminate, negative impact on state government and does not appear to have a 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: h1383.RRS
DATE: 3/20/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Preemption

State preemption precludes a local government from exercising authority in a particular area, and
requires consistency with the state constitution or state statute. 1 A local government enactment may be
found inconsistent with state law if (1) the Legislature has preempted a particular subject area to the
state or (2) the local regulation conflicts with a state statute.2

Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred. 3 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent.4 When local ordinances have
been enacted in the face of state preemption, the effect has been to find such ordinances null and
void.5

Implied preemption is a legal doctrine that addresses situations in which the legislature has not
expressly preempted an area but, for all intents and purposes, the area is dominated by the state.
Findings of implied preemption are for a very narrow class of areas in which the state has legislated
pervasively.6

Local Government Authority

General law authorizes counties "the power to carry on county government” and to "perform any other
acts not inconsistent with law, which acts are in the common interest of the people of the county, and
exercise all powers and privileges not specifically prohibited by law.”7 More specifically, non-charter
county governments may exercise those powers of self-government that are provided by general or
special law.8 Those counties operating under a county charter have all powers of self-government not
inconsistent with general law or special law approved by vote of the electors. 9

Likewise, municipalities 10 have those governmental, corporate, and proprietary powers that enable
them to conduct municipal government, perform functions, provide services, and exercise any power for
municipal purposes, except as otherwise provided by law. 11

A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary. Special districts are created by general law, 12 special
act,13 local ordinance,14 or by rule of the Governor and Cabinet.15 A special district has only those

1 James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemption and Conflict Analysis, 83 Fla. B.J. 92

(June 2009), available at https://www.floridabar.org/the-florida-bar-journal/the-effect iveness-of-home-rule-a-preemption-and-conflict-
analysis/.
2 Id.
3 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d

1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
4 Mulligan, 934 So. 2d at 1243.
5 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
6 Wolf and Bolinder, supra note 1.
7 Id.
8 Art. VIII, s. 1(f), Fla. Const.
9 Art. VIII, s. 1(g), Fla. Const.
10 A municipality is a local government entity created to perform functions and provide services for the particular benefit of t he

population within the municipality, in addition to those provided by the county. The term “municipality” may be used intercha ngeably
with the terms “town,” “city,” and “village.”
11 Art. VIII, s. 2(b), Fla. Const. See also s. 166.021(1), F.S.
12 S. 189.031(3), F.S.
13 Id.
14 S. 189.02(1), F.S.
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powers expressly provided by, or reasonably implied from, the authority provided in the district’s
charter. Special districts provide specific municipal services in addition to, or in place of, those provided
by a municipality or county.16

A “dependent special district” is a special district where the membership of the governing body is
identical to the governing body of a single county or municipality, all members of the 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 the approval of the governing body of a single county or municipality.17 An
“independent special district” is any district that is not a dependent special district.18

Revenue Sources Authorized in the Florida Constitution19

The Florida Constitution limits the ability of local governments to raise revenue for their operations. The
Florida Constitution provides:

No tax shall be levied except in pursuance of law. No state ad valorem taxes 20
shall be levied upon real estate or tangible personal property. All other forms of
taxation shall be preempted to the state except as provided by general law. 21

Counties, school districts, and municipalities shall, and special districts may, be
authorized by law to levy ad valorem taxes and may be authorized by general
law to levy other taxes, for their respective purposes, except ad valorem taxes on
intangible personal property and taxes prohibited by this constitution.22

However, not all local government revenue sources are taxes requiring general law authorization.
When a county or municipal revenue source is imposed by ordinance, the question is whether the
charge is a valid assessment or fee. As long as the charge is not deemed a tax, the imposition of the
assessment or fee by ordinance is within the constitutional and statutory home rule powers of county
and municipal governments. If the charge is not a valid assessment or fee, it is deemed a revenue
source requiring general law authorization.

Revenue Sources Based on Home Rule Authority

Pursuant to home rule authority, local governments may impose proprietary fees, regulatory fees, and
special assessments to pay the cost of providing a facility or service or regulating an activity. A
regulatory fee should not exceed the regulated activity’s cost and is generally required to be applied
solely to the regulated activity’s cost for which the fee is imposed.23

HB 735 (2021 Regular Session)

15 S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
16 2018 – 2020 Local Gov’t Formation Manual, p. 62,

https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3025&Session=2019&D
ocumentType=General%20Publications&FileName=2018-2020%20Local%20Government%20Formation%20Manual%20Final.pdf
(last visited Dec 19, 2019).
17 S. 189.012(2), F.S.
18 S. 189.012(3), F.S.
19 The Florida Legislature, Office of Economic and Demographic Research, 2019 Local Government Financial Information

Handbook, p. 1, http://edr.state.fl.us/Content/local-government/reports/lgfih19.pdf.
20 “Ad valorem tax” means a tax based upon the assessed value of property.” Section 192.001(1), F.S.
21 Art. VII, s. 1(a), Fla. Const.
22 Art. VII, s. 9(a), Fla. Const.
23 EDR, supra note 19, at 9.
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General law directs a number of state agencies and licensing boards to regulate certain professions
and occupations. For example, the Department of Business and Professional Regulation (DBPR)
currently regulates approximately 25 professions and occupations.24

In 2021, HB 73525 was enacted, relating to preempting occupational licensing to the state. The law
defines the following terms:
 “Local government” means a county, municipality, special district, or political subdivision of the
state.
 “Occupation” means a paid job, profession, work, line of work, trade, employment, position,
post, career, field, vocation, or craft.
 "Licensing" means any training, education, test, certification, registration, or license that is
required for a person to perform an occupation along with any associated fee.

The law expressly preempts occupational licensing to the state. This preemption supersedes any local
government licensing requirement of occupations unless:
 The licensing of occupations by local governments is authorized by general law; or
 The local licensing scheme for an occupation was imposed before July 1, 2021. However, any
such local licensing scheme expires on July 1, 2023.

The law provides that any local licensing of an occupation not authorized under the provisions of the bill
or otherwise authorized by general law does not apply and may not be enforced. For example, Florida
law specifically authorizes local regulations relating to:
 Zoning and land use;
 The levy of “reasonable business, professional, and occupational regulatory fees,
commensurate with the cost of the regulatory activity, including consumer protection, on such
classes of businesses, professions, and occupations, the regulation of which has not been
preempted by the state or a county pursuant to a county charter”; 26
 The levy of local business taxes;27
 Building code inspection fees;28
 Tattoo establishments;29
 Massage practices;30
 Child care facilities;31
 Taxis and other vehicles for hire;32 and
 Waste and sewage collection.33

Additionally, Florida law specifically preempts local regulation with regard to the following:
 Zoning of family day care homes;34
 Zoning of community residential homes;35
 Pest control;36
 Assessing local fees in certain circumstances for contractors; 37
 Assessing local fees for low-voltage alarm system projects;38

24 S. 20.165, F.S.
25 Ch. 2021-214, L.O.F.
26 S. 166.221, F.S.
27 Ch. 205, F.S.
28 S. 166.222, F.S.
29 S. 381.00791, F.S.
30 S. 480.052, F.S.
31 S. 402.306, F.S
32 S. 125.01(1)(n), F.S.
33 S. 125.01(1)(k), F.S.
34 S. 125.0109, F.S.
35 S. 419.001, F.S.
36 S. 482.242(1), F.S.
37 S. 553.80(7)(d), F.S.
38 S. 489.503(14), F.S.
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 Public lodging establishments and public food service establishments; 39
 Food trucks;40
 Mobile home parks, lodging parks, recreational vehicle parks, and recreational camps;41
 Beekeeping;42
 Nonresidential farm buildings, farm fences and farm signs;43
 Insurers and agents;44
 Sellers of travel;45
 Movers of household goods and moving brokers;46
 Tobacco and nicotine products;47
 Firearms, weapons, and ammunition;48
 Employment benefits;49
 Polystyrene products;50 and
 Disposable plastic bags.51

Construction Professional Licenses

Construction contractors are either certified or registered by the Construction Industry Licensing Board
(CILB) housed within DBPR. The CILB consists of 18 members who are appointed by the Governor
and confirmed by the Senate. The CILB meets to approve or deny applications for licensure, review
disciplinary cases, and conduct informal hearings relating to discipline. 52

"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of
competency for a specific license category and are permitted to practice in that category in any
jurisdiction in the state.53

“Certified specialty contractors” are contractors whose scope of work is limited to a particular phase of
construction, such as drywall or demolition. Certified specialty contractor licenses are created by the
CILB through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in
the state.

“Registered contractors” are individuals that have taken and passed a local competency examination
and can practice the specific category of contracting for which he or she is approved, only in the local
jurisdiction for which the license is issued.54

The CILB licenses the following types of contractors: 55

39 S. 509.032, F.S.
40 S. 509.102, F.S.
41 S. 513.051, F.S.
42 Ss. 586.10(1) & 586.055, F.S.
43 S. 604.50, F.S.
44 S. 624.401(3), F.S.
45 S. 559.939
46 S. 507.13, F.S.
47 Ch. 569, F.S., and s. 386.209, F.S.
48 S. 790.33(1), F.S.
49 S. 218.077, F.S.
50 S. 500.90, F.S.
51 S. 403.7033, F.S.
52 S. 489.107, F.S.
53 S. 489.105, F.S.
54 S. 489.103, F.S.
55 S. 489.105(a)-(q ), F.S.; R. 61G4-15.015-.040, F.A.C.
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Statutory Licenses Specialty Licenses

 Air Conditioning- Classes A, B, and C  Drywall
 Building  Demolition
 General  Gas Line
 Internal Pollutant Storage Tank Lining  Glass and Glazing
Applicator  Industrial Facilities
 Mechanical  Irrigation
 Plumbing  Marine
 Pollutant Storage Systems  Residential Pool/Spa Servicing
 Pool/Spa- Classes A, B, and C  Solar Water Heating
 Precision Tank Tester  Structure
 Residential  Swimming Pool Decking
 Roofing  Swimming Pool Excavation
 Sheet Metal  Swimming Pool Finishes
 Solar  Swimming Pool Layout
 Underground Excavation  Swimming Pool Piping
 Swimming Pool Structural
 Swimming Pool Trim
 Tower

Current law provides that local jurisdictions may approve or deny applications for licensure as a
registered contractor, review disciplinary cases, and conduct informal hearings relating to discipline of
registered contractors licensed in their jurisdiction.56 Local governments may only collect licensing fees
that cover the cost of regulation.57

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. However, persons
holding a local construction license whose job scope does not substantially correspond to the job scope
of a certified contractor or a certified specialty contractor are not required to register with DBPR.58

Electrical contractors, alarm system contractors, and electrical specialty contractors are certified or
registered under the ECLB. Certified contractors can practice statewide and are licensed and regulated
by ECLB. Registered contractors are licensed and regulated by a local jurisdiction and may only
practice within that locality.59

Electrical certified specialty contractors are contractors whose scope of work is limited to a particular
phase of electrical contracting, such as electrical signs. The ECLB creates electrical certified specialty
contractor licenses through rulemaking. Certified electrical specialty contractors can practice statewide.
The ECLB has created the following certified specialty contractor licenses:
 Lighting maintenance specialty contractor;
 Sign specialty electrical contractor;
 Residential electrical contractor;
 Limited energy systems specialty contractor; and
 Utility line electrical contractor.60

HB 735 specifically preempted local licensing that is outside the scope of state contractor licensing
provisions. Specifically, it provided that a county or municipality may not require a license for a person
whose job scope does not substantially correspond to a contractor category licensed by the CILB after

56 Ss. 489.117 and 489.131, F.S.
57 EDR, supra note 19, at 9.
58 Ss. 489.105 and 489.117(4), F.S.
59 See generally s. 489.505, F.S.
60 S. 489.505(19), & 489.511(4), F.S; Rule 61G6-7.001, F.A.C.
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July 1, 2023. The bill precluded counties and municipalities from requiring a license for certain job
scopes, including, but not limited to, painting, flooring, cabinetry, interior remodeling, handyman
services, driveway or tennis court installation, decorative stone, tile, marble, granite, or terrazzo
installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron installation.

The law also expressly authorized counties and municipalities to issue journeyman licenses in the
plumbing, pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades,
which is the current practice by counties and municipalities. The licensing of those specific local
journeyman licenses is exempt from preemption.

Since the law was enacted, certain local jurisdictions and local contractors have noted issues with the
law and it’s enforcement. For example, some local jurisdictions will no longer continue to license certain
types of contractors, even though those contractors perform work that corresponds to a state license
and ch. 489, F.S., provides authority to do so.61

Some have stated that local enforcement agencies are not allowing unlicensed professionals to pull
permits for work that is outside of the scope of contracting, but previously required a local license.62
However, current law does not require a professional license to pull a permit for such work.

Florida Building Code

In response to the destruction of Hurricane Andrew, in 1998, the Legislature approved a single state
building code and enhanced the oversight role of the state over local code enforcement. In 2000, the
Legislature authorized the implementation of the Building Code (Code), and that first edition replaced
all local codes on March 1, 2002, making it the first statewide building code in the United States. 63

The “Florida Building Codes Act” was created to provide a mechanism for the uniform adoption,
updating, interpretation, and enforcement of a single, unified state Code. The Code must be applied,
administered, and enforced uniformly and consistently from jurisdiction to jurisdiction. 64

The Florida Building Commission (Building Commission) was statutorily created to implement the
Code. The Building Commission, which is housed within DBPR, is a 19-member technical body made
up of design professionals, contractors, and government experts in various disciplines covered by the
Code. The Building Commission reviews several International Codes published by the International
Code Council, the National Electric Code, and other nationally adopted model codes (model codes) to
determine if the Code needs to be updated and adopts an updated Code every three years. 65

Local Enforcement of the Florida Building Code

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. 66
Every local government must enforce the Building Code and issue building permits. 67 It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without
first obtaining a permit from the local government enforcing agency or from such persons as may, by
resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency.68

Effect of the Bill

61 Lee County, Contractor Licensing, https://www.leegov.com/dcd/ContLic (last visited Mar. 19, 2023).
62 Patrick Fraser and Gabby Hernandez, WSVN-TVSunbeam Television Corp, 7 News Miami, July 11, 2022, Confusing state law:
Licenses, https://wsvn.com/news/help-me-howard/confusing-state-law-licenses/ (last visited Mar. 19, 2023).
63 Id.
64 See s. 553.72(1), F.S.
65 Ss. 553.73 and 553.74, F.S.
66 S. 553.72, F.S.
67 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
68 Ss. 125.56(4)(a) and 553.79(1), F.S.
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The bill requires the CILB, by July 1, 2023, to, by rule, establish certified specialty contractor categories
for voluntary licensure for all of the following:
 Structural aluminum or screen enclosures.
 Marine seawall work.
 Marine bulkhead work.
 Marine dock work.
 Marine pile driving.
 Structural masonry.
 Structural prestressed, precast concrete work.
 Rooftop solar heating installation.
 Structural steel.
 Window and door installation, including garage door installation and hurricane or windstorm
protection.

The bill provides that a local government may not require a license issued by the local government or
DBPR for a job scope which does not substantially correspond to the job scope of one of the contractor
or specialty contractor categories.

The bill also prohibits local governments from requiring a license to obtain a permit for a job scope
outside of the practice of contracting, including, but not limited to, painting, flooring, cabinetry, interior
remodeling, handyman services, driveway or tennis court installation, decorative stone, tile, marble,
granite, or terrazzo installation, plastering, stuccoing, caulking, canvas awning installation, and
ornamental iron installation.

The bill provides that a local government may not require a license as a prerequisite to submit a bid for
public work projects if the work to be performed does not require a license under general law.

The bill provides an effective date of July 1, 2023.

B. SECTION DIRECTORY:
Section 1: Amends s. 489., F.S.; relating to specialty contractors.
Section 2: Amends s. 89.117, F.S.; relating to local licensing requirements.
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 an increase of specialty contractors licensed by DBPR.

2. Expenditures:
The bill may have an increase in regulatory expenditures related to creating new specialty licenses
and a possible increase in specialty contractors.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.
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DATE: 3/20/2023
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill requires significant rulemaking to create specified specialty licenses. The CILB has authority to
do so.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 3/20/2023
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 1383 2023

1 A bill to be entitled
2 An act relating to specialty contractors; amending s.
3 489.113, F.S.; requiring the Construction Industry
4 Licensing Board to establish certified specialty
5 contractor categories for voluntary licensure by a
6 specified date; amending s. 489.117, F.S.; prohibiting
7 local governments from imposing new licensing
8 requirements for certain specialty contractors;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (6) of section 489.113, Florida
14 Statutes, is amended to read:
15 489.113 Qualifications for practice; restrictions. —
16 (6)(a) The board shall, by rule, designate those types of
17 specialty contractors which may be certified under this part.
18 The limit of the scope of work and responsibility of a specialty
19 contractor shall be established by the board by rule. However, a
20 certified specialty contractor category established by board
21 rule exists as a voluntary statewide licensing category and does
22 not create a mandatory licensing requirement. Any mandatory
23 statewide construction contracting licensure requirement may
24 only be established through specific statutory provision.
25 (b) By July 1, 2023, the board shall, by rule, establish

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HB 1383 2023

26 certified specialty contractor categories for voluntary
27 licensure for all of the following:
28 1. Structural aluminum or screen enclosures.
29 2. Marine seawall work.
30 3. Marine bulkhead work.
31 4. Marine dock work.
32 5. Marine pile driving.
33 6. Structural masonry.
34 7. Structural prestressed, precast concrete work.
35 8. Rooftop solar heating installation.
36 9. Structural steel.
37 10. Window and door installation, including garage door
38 installation and hurricane or windstorm protection.
39 Section 2. Paragraph (a) of subsection (4) of section
40 489.117, Florida Statutes, is amended to read:
41 489.117 Registration; specialty contractors.—
42 (4)(a)1. A person whose job scope does not substantially
43 correspond to either the job scope of one of the contractor
44 categories defined in s. 489.105(3)(a)-(o), or the job scope of
45 one of the certified specialty contractor categories established
46 by board rule, is not required to register with the board. A
47 local government, as defined in s. 163.211, may not require a
48 person to obtain a license, issued by the local government or
49 the state, for a job scope which does not substantially
50 correspond to the job scope of one of the contractor categories

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HB 1383 2023

51 defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
52 489.1455(1), or the job scope of one of the certified specialty
53 contractor categories established pursuant to s. 489.113(6). A
54 local government may not require a license as a prerequisite to
55 submit a bid for public work projects if the work to be
56 performed does not require a license under general law.
57 2. For purposes of this section, job scopes for which a
58 local government may not require a license include, but are not
59 limited to, painting; flooring; cabinetry; interior remodeling;
60 driveway or tennis court installation; handyman services;
61 decorative stone, tile, marble, granite, or terrazzo
62 installation; plastering; stuccoing; caulking; and canvas awning
63 and ornamental iron installation. A local government may not
64 require a license to obtain a permit for such job scopes.
65 Section 3. This act shall take effect July 1, 2023.

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hb1383-00
HB 1395
HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: HB 1395 Management and Safety of Condominium and Cooperative Buildings
SPONSOR(S): Lopez, V.
TIED BILLS: IDEN./SIM. BILLS: CS/SB 154

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF

1) Regulatory Reform & Economic Wright Anstead
Development Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee

SUMMARY ANALYSIS
On June 24, 2021, Champlain Towers South, a 12-story beachfront condominium building in the Town of Surfside,
partially collapsed resulting in the death of 98 people. In response, during Special Session D, 2022, SB 4 -D was
enacted to provide building safety inspection requirements for condominium and cooperative association buildings
(milestone inspections) and revise the requirements for funding reserves for the continued maintenance and repair
of such buildings (structural integrity reserve study, or SIRS).

The bill clarifies provisions created by SB-4-D. Specifically, the bill:
 Requires all condominium and cooperative buildings to have a milestone inspection when they reach 25
years of age, without regard to location.
 Allows local governments to extend the deadline to complete a milestone inspection, under certain
circumstances.
 Extends the deadline for certain condominiums and cooperatives built between 1994 to 2000 to complete
the milestone inspection and SIRS.
 Allows condominiums and cooperatives to use prior inspection reports completed within the last 5 years for
both the milestone inspection and SIRS, under certain circumstances.
 Requires phase 2 of milestone inspections to begin within 180 days of completing phase 1, if a phase 2
inspection is necessary.
 Increases the number of professionals available to perform milestone inspections and structural integrity
reserve studies;
o Allows certain general contractors and building code professionals with at least 5 years’ threshold
building experience to do the visual inspection portion of SIRS and phase one of the milestone
inspection, in addition to architects and engineers.
o Phase two of the milestone inspection may only be performed by an architect or engineer.
 Limits setting reserves for only those items that have 25 years or less of useful life remaining.
 Requires the Florida Building Commission to create a uniform form for certain inspection reports.
 Requires milestone inspection and SIRS reports, and related disclosures, to be included with real estate
sales contracts.
 Allows an injunction process to enforce milestone inspection and SIRS requirements in county court.
 Allows unit owners to utilize pre-suit mediation to resolve certain disputes related to milestone inspections
and SIRS.

The bill will likely have an indeterminate negative impact on state government and does not appear to affect 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: h1395.RRS
DATE: 3/20/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Community Associations – Background

The Florida Division of Condominiums, Timeshares and Mobile Homes (“Division”), within the
Department of Business and Professional Regulation (“DBPR”), provides consumer protection for
Florida residents living in regulated communities through education, complaint resolution, alternative
dispute resolution, and developer disclosure. The Division has regulatory authority over:
 Condominium associations.
 Cooperative associations.
 Florida mobile home parks and related associations.
 Vacation units and timeshares.
 Yacht and ship brokers and related business entities.
 Homeowners’ associations (limited to the arbitration of election and recall disputes).

Condominiums

A condominium is a form of real property ownership created under ch. 718, F.S., the “Condominium
Act.” Persons own condominium units along with an undivided right of access to the condominium’s
common elements.1 A condominium is created by recording a declaration of condominium, which
governs the relationship between condominium unit owners and the condominium association, in the
public records of the county where the condominium is located. 2 All unit owners are members of the
condominium association, and the association is responsible for common elements operation and
maintenance.3 The condominium association is overseen by an elected board of directors, commonly
referred to as a “board of administration,” which is responsible for the association’s administration. 4

Cooperatives

A cooperative is a form of property ownership created under ch. 719, F.S., the “Cooperative Act,” in
which the real property is owned by the cooperative association and individual units are leased to the
residents, who own shares in the association.5 The lease payment amount is the pro-rata share of the
cooperative’s operational expenses. Cooperatives operate similarly to condominiums, and the laws
regulating cooperatives are largely identical to those regulating condominiums.

Fiduciary Relationship

Board members and officers of a condominium or cooperative association have a fiduciary relationship
with the unit owners in their condominium or cooperative. This fiduciary relationship requires board
members and officers to act in good faith and in the best interests of the unit owners. Under the
“business judgment rule,” the board must act within the scope of its authority, in a reasonable manner,
and must perform its duties with the care and responsibility that an ordinarily prudent person would
exercise under similar circumstances.6

Board members and officers can be the subject of a cause of action for a breach of their fiduciary duty.
However, a person bringing such action must prove that the board member or officer had a fiduciary

1 S. 718.103(11), F.S.
2 S. 718.104(2), F.S.
3 S. 718.103(2), F.S.
4 S. 718.103(4), F.S.
5 S. 719.103(2), (26), F.S.
6 Ss. 718.111(1) and 719.104(8), F.S.
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duty that was breached that caused damages and rose to the level of criminal activity, fraud, self-
dealing, unjust enrichment, or other improper personal benefit. 7

To determine if a board member or officer breached his or her fiduciary duty, Florida courts look to see
if the board member or officer violated the business judgment rule by determining if the association had
the contractual or statutory authority to perform the relevant act and if the decision was reasonable. The
business judgment rule generally will protect association board members and officers, as long those
board members or officers act within the scope of their authority and in a reasonable manner. 8

It is a breach of a board member or officer’s fiduciary duty if an association fails to complete a
milestone inspection or structural integrity reserve study.

Florida Building Code

Local Enforcement of the Florida Building Code

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.12
Every local government must enforce the Building Code and issue building permits. 13 It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without
first obtaining a permit from the local government enforcing agency or from such persons as may, by
resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency. 14

Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Building Code. The Building Code requires certain building, electrical, plumbing,
mechanical, and gas inspections.15 Construction work may not be done beyond a certain point until it

7 Harris B. Katz, Condo column: Can board members be sued and how can an association remove a director? , TC Palm (Oct. 17,

2019) https://www.tcpalm.com/story/news/local/florida/2019/ 10/ 17/can-condo-board-members-sued-and-how-can-association-
remove-director/3907749002/ (last visited Mar. 19, 2023).
8 Id.; Hollywood Towers Condominium Association v. Hampton , 40 So. 3d 784, 787 (Fla. 4th DCA 2010).
9 Id.
10 See s. 553.72(1), F.S.
11 Ss. 553.73 and 553.74, F.S.
12 S. 553.72, F.S.
13 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
14 Ss. 125.56(4)(a) and 553.79(1), F.S.
15 2020 Florida Building Code (7th ed.), s. 110.
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passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections is considered completed or closed. 16

The Florida Building Code does not contain mandatory requirements for the maintenance and
inspection of existing buildings in the state. Mandatory inspections of existing condominium buildings
were once required by Florida law, but the law was repealed shortly after enactment. In 2008, the
Legislature mandated that every condominium greater than three stories in height be inspected for
maintenance, useful life, and replacement costs of the common elements every five years by an
engineer or architect licensed in the state. 17 A condominium association could waive this requirement
for five years by a majority vote of interests present at a properly called meeting of the association. 18
This provision was repealed in 2010.19

Building Code Administrators and Inspectors

Building officials, inspectors, and plans examiners are regulated by the Florida Building Code
Administrators and Inspectors Board within DBPR.20

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.21

A building code inspector (inspector) 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 in which the
inspector has been licensed. The inspector categories are: 22
 Building inspector;
 Coastal construction inspector;
 Commercial electrical inspector;
 Residential electrical inspector;
 Mechanical inspector;
 Plumbing inspector;
 Residential inspector; and
 Electrical inspector.

In order to become an inspector, an applicant must meet the following criteria: 23
 Be at least 18 years of age,
 Be of good moral character,
 Successfully complete the inspector exam, and
 Meet eligibility requirements according to an accepted combination of education and
experience, which consists of completing a combined 3 to 4 years of proven experience,
college-level credits or a degree, a training program, and an internship program.

In order to become an inspector, an applicant must meet the following criteria: 24
 Be at least 18 years of age,
 Be of good moral character,

16 Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building Department,

Building Division, at: http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive%20and%20Excluded%20Building%20Permits.pdf (last visited Mar. 19, 2023).
17 Ch. 2008-28, L.O.F.
18 Id.
19 Ch. 2010-176, s. 59, L.O.F.
20 S. 468.605, F.S.
21 S. 468.603(2), F.S.
22 S. 468.603(5), F.S.
23 S. 468.609(2), F.S.
24 S. 468.609(3), F.S.
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 Successfully complete the building code administrator exam, and
 Meet eligibility requirements according to an accepted combination of education and
experience, which consists of completing a combined 10 years of proven architect, engineer,
plans examiner, building code inspector, registered or certified contractor, or construction
superintendent experience and postsecondary education in the field of construction or related
field.

General Contractors

General contractors are regulated by the Construction Industry Licensing Board within DBPR. A
general contractor may provide unlimited construction services and may contract for and perform any
construction activity requiring licensure, with certain exceptions, such as electrical, mechanical,
plumbing work.25

In order to become a construction contractor, an applicant must meet the following criteria:26
 Be of good moral character;
 Be at least 18 years of age;
 Successfully pass the certification examination; and
 Meet eligibility requirements according to an accepted combination of education and
experience, which consists of completing a combined 4 to 5 years of proven experience and
college-level credits or a degree.27

Threshold Buildings

In 1981, a “five-story Harbour Cay Condominium building in Cocoa Beach, Florida, collapsed during the
placement of concrete for the roof slab, killing 11 workers and injuring 23 more.” 28 In response to this
tragedy, the Legislature instituted threshold building inspections, requiring licensed “special inspectors”
to conduct structural inspections for all threshold buildings.29 A special inspector is a licensed architect
or registered engineer to conduct inspections of threshold buildings. 30

A threshold building is defined as any building which is greater than three stories or 50 feet in height, or
which has an assembly occupancy classification, as defined in the Building Code, which exceeds 5,000
square feet in area and an occupant content of greater than 500 persons. 31 An enforcing agency must
require a special inspector to perform structural inspections on a threshold building during new
construction or during repair or restoration projects in which the structural system or structural loading
of a building is being modified.32

For a building that qualifies as a threshold building, a structural inspection plan must be submitted by
the special inspector and the design professional of record to the enforcing agency prior to the issuance
of a building permit for the construction of or modification to the building.33 However, a fee-simple
owner may declare a building a threshold building even when it does not meet the definitions. 34

The inspection plan for a threshold building provides specific inspection instructions or the adequate
inspection of construction. The owner must retain the services of a special inspector who must inspect

25 Ss. 489.105(3)(a) and 489.113, F.S.
26 S. 489.111(1)-(3), F.S.
27 S. 489.111(2)(c)1.-3., F.S.
28 National Institute of Standards and Technology, Harbour Cay Condominium Collapse Florida 1981,

available at https://www.nist.gov/el/harbour-cay-condominium-collapse-florida-1981 (last visited Mar. 19, 2023).
29 Florida Building Commission, Florida Building Construction Standards available at

https://www.floridabuilding.org/fbc/commission/FBC_ 0413/Co mmission_Education_POC/ 173/173-1-MATERIA L%20.pdf (last
visited Mar. 19, 2023).
30 See s. 553.71, F.S.
31 Id.
32 S. 553.79(5)(a), F.S.
33 Id.
34 Id.
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the building according to the special inspection plan. In addition, the inspector must determine that a
professional engineer who specializes in shoring design has inspected the shoring and reshoring for
conformance with the shoring and reshoring plans submitted to the enforcing agency. 35 Special
inspectors report directly to local building administrators. The role of threshold building inspectors is
unique to Florida.36

Champlain Towers South and SB 4-D (Special Session D 2022)

On June 24, 2021, Champlain Towers South, a 12-story beachfront condominium building in the Town
of Surfside, which was completed in 1981, partially collapsed resulting in the death of 98 people.

In response, the National Institute of Standards and Technology (NIST) within the United States
Department of Commerce launched a full investigation into the cause of the building’s failure.
According to NIST, it will provide regular progress updates, but because of the amount of evidence
and, the investigation could take multiple years to complete. 37

Despite the fact that the investigations to determine the cause of the building’s failure may take months
if not years to complete, the condition of the building prior to collapse and released documentation
about the building’s history have revealed potential factors that may have caused or contributed to the
building’s collapse,38 including issues with the pool deck39 and building design flaws.40 According to
news reports, the association also delayed the repairs of the issues identified in the engineering reports
because of infighting among members of the association. 41

In response to the Champlain Towers South collapse, during the Special Session D, 2022, SB 4-D42
was enacted to revise the laws related to building safety. The bill provided building safety inspection
requirements for condominium and cooperative association buildings (milestone inspections), increased
the rights of unit owners and prospective unit owners to access information regarding the condition of
such buildings, and revised the requirements for associations to fund reserves for the continued
maintenance and repair of such buildings (structural integrity reserve study).

SB 4-D required the Building Commission to make recommendations to the Governor and Legislature
regarding the inspection requirements in the bill. This report was completed on December 14, 2022,
and some of the recommendations were included in the bill.

35 Id.
36 Florida Board of Professional Engineers, What Are Threshold Building Inspectors?, available at https://fbpe.org/what-are-threshold-

building-inspectors/ (last visited Mar. 19, 2023).
37 National Institute of Standards and Technology, NIST Establishes Expert Team to Investigate the Champlain Towers South

Collapse, Aug. 25, 2021 https://www.nist.gov/news -events/news/2021/08/nist-establishes-expert-team-investigate-champlain-towers-
south-collapse (last visited Mar. 19, 2023).
38 The Occupational Safety and Health Administration, the town of Surfside and Miami-Dade County’s State Attorney’s Office are

also investigating the collapse. The Real Property, Probate and Trust Law Section of the Florida Bar created the Condominium Law
and Policy on Life Safety Task Force, which provided recommendations to improve building safety on October 12, 2021. In addit ion,
the Miami-Dade police are handling a homicide investigation, and the unit owners have filed a class -action lawsuit against the condo
association.
39 Gina Harkins, What you need to know about the Florida condo collapse as the search for survivors continues and probe begins ,

Washington Post (Jul. 10, 2021), https://www.washingtonpost.com/nation/2021/06/25/florida-condo-collapse-what-you-should-know/
(last visited Mar. 19, 2023); Visual Journalism Team, Miami building collapse: What could have caused it? , BBC (Jul. 1, 2021)
https://www.bbc.com/news/world-us-canada-57651025 (last visited Mar. 19, 2023).
40 Alissa Walker, Collapsed Surfside Towers Actually Broke Building Code From the Very Beginning , Curbed (Aug. 9, 2021)

https://www.curbed.com/2021/08/miami-condo-collapse-structural-flaws.ht ml (last visited May 31, 2022); James Glanz, Mike Baker,
and Anjali Singhvi, Condo Wreckage Hints at First Signs of Possible Construction Flaw, The New York Times (Jul. 3, 2021)
https://www.nytimes.com/2021/07/ 03/us/florida-condo-collapse-steel-rebar.html (last visited Mar. 19, 2023).
41 Russell Lewis, Months Before Florida Condo Collapsed, Residents And The Board Sparred Over Repairs , NPR (Jul. 2, 2021)

https://www.npr.org/sections/live-updates-miami-area-condo-collapse/2021/07/02/1012373938/ months -before-florida-condo-collapse-
residents-and-board-sparred-over-repairs (last visited Mar. 19, 2023); Beth Reinhard, Tik Root, Brady Dennis, and Jon Swaine,
Majority of Florida condo board quit in 2019 as squabbling residents dragged out plans for repairs , Washington Post (Jun. 30, 2021)
https://www.washingtonpost.com/investigations/majority-of-florida-condo-board-quit-in-2019-as-squabbling-residents-dragged-out-
plans-for-repairs/2021/06/30/ 43592282-d98e-11eb-ae62-2d07d7df83bd_story.html (last visited Mar. 19, 2023).
42 Ch. 2022-269, L.O.F.
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DATE: 3/20/2023
SB 4-D also required associations to report to the Division on or before January 1, 2023, the number of
buildings that are three stories or higher in height and the total number of units in such buildings and
required the division to publish that information on its website. While the full report is being completed
by the Division, the total number of reporting entities is 6,132, the total number of buildings 3 stories or
higher is 22,338, and the total number of units is 688,439.43

Age of Condominium Buildings

There are 1,529,764 condominium units in Florida operated by 27,588 associations. Of those units: 44
 105,404 units are 50 years or older.
 479,435 units are 40-50 years old.
 327,537 units are 30-40 years old.
 141,773 units are 20-30 years old.
 428,657 units are 10-20 years old.
 46,958 units are 0-10 years old.

Additionally, over 2,000,000 residents are estimated to be occupying condominiums 30 years or older
in Florida, based upon census data of approximately 2.2 persons living in an average condominium
unit.45

Local Building Recertification Programs

Until 2022, Florida does not generally require recertification of buildings or regular inspections of
existing buildings, which is consistent with state building codes across the country. 46 However, local
governments adopted such requirements at their discretion to apply throughout a local jurisdiction.
According to DBPR, some local jurisdictions in the state have used the following model standards to aid
in their adoption of local requirements for the maintenance and inspections of existing buildings: the
International Property Maintenance Code, the Standard Housing Code, and the Standard Unsafe
Building Abatement Code, or some combination thereof.47

Miami-Dade and Broward Counties have amended their local building codes to require a recertification
process and inspection of buildings 40 years and older. Miami-Dade’s program was established in
1975,48 and Broward County’s program was modeled after Miami-Dade’s and has been in effect since
January 2006.49

Miami Dade’s recertification program states that:

All buildings, except single-family residences, duplexes and minor structures as
defined below, shall be recertified in the manner described below where such
buildings or structures have been in existence for forty (40) years or longer, as
determined by the Building Official, who shall at such time issue a Notice of
Required Inspection to the building owner. Subsequent recertification shall be

43 Email from Jonas Marquez, Legislative Affairs Director, Florida Department of Business and Professional Regulation, RE:
Condo/Co-Op Reporting (Feb. 15, 2021).
44 Report of the Florida Bar RPPTL Condominium Law and Policy Life Safety Advisory Task Force, p. 4, available at: https://www-

media.floridabar.org/uploads/2021/10/ Condominiu m-Law-and-Policy-Life-Safety-Advisory-Task-Force-Report.pdf (last visited Mar.
19, 2023).
45 Id.
46 Department of Business and Professional Regulation, Agency Analysis of 2022 Senate Bill 1702, p. 2 (Jan. 7, 2022).
47 Id.
48 Miami-Dade Recertification at

https://www.miamidade.gov/global/economy/building/recertification.page#:~:text =Miami%2DDade%20County%20has%20had,amen
ded%20on%20June%201%2C%202022 (last visited Mar. 19, 2023).
49 Broward County, Building Safety Inspection Program, available at

https://www.broward.org/CodeAppeals/Documents/Broward%20County%20Building%20Safety%20Inspection%20Program.pdf (last
visited Mar. 19, 2023).
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DATE: 3/20/2023
required at ten (10) years interval. In the event a building is determined to be
structurally and electrically safe under the conditions set forth herein, and such
building or structure is less than forty (40) years of age, recertification shall not
be required for a minimum of ten (10) years from that time, or age forty (40),
whichever is the longer period of time.50

Inspection procedures must “conform, in general, to the minimum inspection procedural guidelines”
issued by the county, and are for the purpose of determining the general structural condition of the
building or structure to the extent reasonably possible which affects the safety of the building or
structure.51 Miami-Dade’s recertification program exempts buildings under 2,000 square feet, 52 and
Broward’s program exempts buildings under 3,500 square feet. 53 The inspections must be carried out
by a professional engineer or architect registered with the State of Florida. 54

Following the 2021 tragedy in Surfside, Florida, the concept of recertification programs gained
considerable attention. The City of Boca Raton recently instituted a building recertification program for
buildings over 30 years of age that are greater than three stories or 50 feet in height, or greater than
5,000 square feet and have an occupancy greater than 500 people. 55

Milestone Inspections – Current Situation

Under s. 553.899, F.S, a "milestone inspection" means a structural inspection of a building, including an
inspection of load-bearing walls, primary structural members, and primary structural systems 56 by a
licensed architect or engineer for the purposes of attesting to the life safety and adequacy of the
structural components of the building and, to the extent reasonably possible, determining the general
structural condition of the building as it affects the safety of such building, including a determination of
any necessary maintenance, repair, or replacement of any structural component of the building. The
purpose of such inspection is not to determine if the condition of an existing building is in compliance
with the Florida Building Code or the fire safety code.

A condominium or cooperative must have a milestone inspection performed for each building that is
three stories or more in height by December 31 of the year in which the building reaches 30 years of
age, based on the date the certificate of occupancy for the building was issued, and every 10 years
thereafter. If the building is located within 3 miles of a coastline57, the condominium or cooperative must
have a milestone inspection performed by December 31 of the year in which the building reaches 25
years of age, based on the date the certificate of occupancy for the building was issued, and every 10
years thereafter. This requirement does not apply to a single-family, two-family, or three-family dwelling
with three or fewer habitable stories above ground.

If a milestone inspection is required and the building's certificate of occupancy was issued on or before
July 1, 1992, the building's initial milestone inspection must be performed before December 31, 2024. If
the date of issuance for the certificate of occupancy is not available, the date of issuance of the
building's certificate of occupancy is to be the date of occupancy evidenced in any record of the local
building official.

Upon determining that a building must have a milestone inspection, the local enforcement agency must
provide written notice of such required inspection to the condominium or cooperative by certified mail,
return receipt requested. Within 180 days after receiving such written notice, the condominium or

50 See Code of Miami-Dade, ch. 8 Building Code, s. 8-11(f)(ii), at https://library.municode.com/fl/miami_-
_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH8BUCO_A RTIAD_ S8 -11EXBU (last visited Mar. 19, 2023).
51 Id. at s. 8-11(f)(i).
52 Id. at s. 8-11(f)(ii).
53 Broward County, supra note 49.
54 Id. and See Code of Miami-Dade, ch. 8, Building Code, s. 8-11(iv).
55 City of Boca Raton. Ordinance 5589, available at: https://www.myboca.us/DocumentCenter/View/28152/Ordinance-No-

5589?bidId= (last visited Mar. 19, 2023).
56 As they are defined in s. 627.706, F.S.
57 “Coastline” has the same meaning as in the Submerged Lands Act, 43 U.S.C. ss. 1301 et seq.
STORAGE NAME: h1395.RRS PAGE: 8
DATE: 3/20/2023
cooperative must complete phase one of the milestone inspection. Completion of phase one of the
milestone inspection means the licensed engineer or architect who performed the phase one
inspection submitted the inspection report by e-mail, United States Postal Service, or commercial
delivery service to the local enforcement agency.

A milestone inspection consists of two phases.

For phase one of the milestone inspection, a licensed architect or engineer must perform a visual
examination of habitable and nonhabitable areas of a building, including the major structural
components of a building, and provide a qualitative assessment of the structural conditions of the
building. If the architect or engineer finds no signs of substantial structural deterioration58 to any
building components under visual examination, phase two of the inspection is not required.

Phase two of the milestone inspection must be performed if any substantial structural deterioration is
identified during phase one. A phase two inspection may involve destructive or nondestructive testing at
the inspector's direction. The inspection may be as extensive or as limited as necessary to fully assess
areas of structural distress in order to confirm that the building is structurally sound and safe for its
intended use and to recommend a program for fully assessing and repairing distressed and damaged
portions of the building. When determining testing locations, the inspector must give preference to
locations that are the least disruptive and most easily repairable while still being representative of the
structure.

The bill requires that upon completion of a phase one or phase two milestone inspection, the architect
or engineer who performed the inspection must submit a sealed copy of the inspection report with a
separate summary of, at minimum, the material findings and recommendations in the inspection report
to the condominium or cooperative, and to the building official of the local government which has
jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:
 Bear the seal and signature, or the electronic signature, of the licensed engineer or architect
who performed the inspection.
 Indicate the manner and type of inspection forming the basis for the inspection report.
 Identify any substantial structural deterioration, within a reasonable professional probability
based on the scope of the inspection, describe the extent of such deterioration, and identify any
recommended repairs for such deterioration.
 State whether unsafe or dangerous conditions, as those terms are defined in the Florida
Building Code, were observed.
 Recommend any remedial or preventive repair for any items that are damaged but are not
substantial structural deterioration.
 Identify and describe any items requiring further inspection.

The condominium or cooperative must:
 distribute a copy of the inspector-prepared summary of the inspection report to each
condominium unit owner or cooperative unit owner, regardless of the findings or
recommendations in the report, by United States mail or personal delivery and by electronic
transmission to unit owners who previously consented to received notice by electronic
transmission;
 post a copy of the inspector-prepared summary in a conspicuous place on the condominium or
cooperative property; and
 publish the full report and inspector-prepared summary on the association's website, if the
association is required to have a website.

A local enforcement agency may prescribe timelines and penalties with respect to compliance.

58 "Substantial structural deterioration" means substantial structural distress that negatively affects a building's general structural

condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment,
signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two insp ection
determines that such surface imperfections are a sign of substantial structural deterioration.
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DATE: 3/20/2023
If a condominium or cooperative is required to have a milestone inspection, the association must
arrange for the milestone inspection to be performed and is responsible for ensuring compliance. The
association is responsible for all costs associated with the inspection. If the officers or directors of an
association willfully and knowingly fail to have a milestone inspection, such failure is a breach of the
officers' and directors' fiduciary relationship to the unit owners.

Milestone Inspections – Effect of the Bill

The bill requires every condominium or cooperative association to complete a milestone inspection
performed for each building that is three stories or more in height by December 31 of the year in which
the building reaches 25 years of age, based on the date the certificate of occupancy for the building
was issued, and every 10 years thereafter. The bill removed the provision that treated inland buildings
differently than coastal buildings by setting the deadline to complete a milestone inspection for inland
condominiums and cooperatives at 30 years.

The bill clarifies that condominium or cooperative associations that only include a single-family, two-
family, or three-family dwellings with three or fewer habitable stories above ground are not subject to
milestone inspection requirements.

The bill clarifies the deadline to complete a required milestone inspection. The bill requires that if a
building's certificate of occupancy was issued on or before December 31, 1994, the building's initial
milestone inspection must be performed before December 31, 2024. If the building's certificate of
occupancy was issued during the period of January 1, 1995, through December 31, 2000, the building's
initial milestone inspection must be performed before December 31, 2026.

The bill allows a local enforcement agency to extend the deadline for a building's initial milestone
inspection upon a showing of good cause by the condominium or cooperative association that the
association has entered into a contract for the performance of the milestone inspection but that the
inspection cannot reasonably be completed before the deadline.

The bill requires a condominium or cooperative association to notify the unit owners of a required
milestone inspection and provide the date that the milestone inspection must be completed within 14
days after receipt of the written notice from the local enforcement agency.

The bill allows phase one of the milestone inspection to be performed by, in addition to professional
engineers and architects:
 a licensed general contractor with at least 5 years' experience building or constructing threshold
buildings, and
 a licensed building code administrator or building code inspector with at least 5 years'
experience inspecting threshold buildings.

The bill requires a general contractor, building code administrator, or building code inspector who has
competed a phase one milestone inspection report to submit a copy of the report, to the building official
of the local jurisdiction where the association is located, under an attestation that the report complies
with all requirements, similar to the seal requirement for an professional engineer or architect.

Phase two of the milestone inspection may still only be performed by a professional engineer or
architect.

If a phase two inspection is required, the bill requires a condominium or cooperative association to
contract, within 90 days after receipt of the phase one inspection report, with an architect or
professional engineer to perform the phase two inspection. The architect or engineer contracted must
begin the phase two inspection within 90 days after entering into a contract with the association.

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DATE: 3/20/2023
The bill requires a condominium or cooperative association to distribute a copy of the inspector-
prepared summary of the inspection report to each unit owner, regardless of the findings or
recommendations in the report, within 60 days after receipt of the inspector-prepared summary of the
milestone inspection report from any phase one or phase two milestone inspection.

The bill clarifies that a governing body of a municipality may adopt an ordinance related to timeframes
for phase two inspection reports.

The bill requires the Building Commission to create a standardized milestone inspection report form for
professionals to submit to the local enforcement agencies. Local enforcement agencies may develop
their own forms and requirements and are not required to use the commission's standardized forms.

The bill allows associations to use a SIRS visual inspection report in place of a phase one milestone
inspection report if the report was performed within the past 5 years and meets the phase one
milestone inspection report requirements.

The bill removes a provision requiring a report from the Building Commission by a certain date because
such report has been completed.

Structural Integrity Reserve Study – Current Situation

A reserve study is a budget-planning tool for community associations. Generally, a reserve study
consists of the following two parts:59 physical analysis and financial analysis.

In Florida law, "structural integrity reserve study" (SIRS) means a study of the reserve funds required
for future major repairs and replacement of the common areas based on a visual inspection of the
common areas. A SIRS may be performed by any person qualified to perform such study. However, the
visual inspection portion of the SIRS must be performed by a licensed engineer or an architect.

At a minimum, a SIRS must:
 Identify the common areas being visually inspected,
 State the estimated remaining useful life and the estimated replacement cost or deferred
maintenance expense of the common areas being visually inspected, and
 Provide a recommended annual reserve amount that achieves the estimated replacement cost
or deferred maintenance expense of each common area being visually inspected by the end of
the estimated remaining useful life of each common area.

A condominium or cooperative must have a SIRS completed at least every 10 years after the
condominium's or cooperative’s creation for each building on the condominium or cooperative property
that is three stories or higher in height which includes, at a minimum, a study of the following items as
related to the structural integrity and safety of the building (SIRS items):
 Roof.
 Load-bearing walls or other primary structural members.
 Floor.
 Foundation.
 Fireproofing and fire protection systems.
 Plumbing.
 Electrical systems.
 Waterproofing and exterior painting.
 Windows.

59 Cedar Management Group, HOA Reserve Study: Why Does Your Community Need It?, https://cedarmanagementgroup.com/hoa-

reserve-study-community/#what (last visited Mar. 19, 2023); Kevin Leonard and Robert Nordlund, Understanding Reserves: A guide
to your association’s reserve fund & reserve study, 26-29 (1st ed. 2021); Community Associations Institute, National Reserve Study
Standards, https://www.reservestudy.com/wp-content/uploads/2019/01/NRSS-998-CAI-version-updated-2016.pdf (last visited Mar.
19, 2023).
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DATE: 3/20/2023
 Any other item that has a deferred maintenance expense or replacement cost that exceeds
$10,000 and the failure to replace or maintain such item negatively affects the items listed
above as determined by the licensed engineer or architect performing the visual inspection
portion of the structural integrity reserve study.

Before a developer turns over control of an association to unit owners other than the developer, the
developer must have a SIRS completed for each building on the condominium or cooperative property
that is three stories or higher in height.

Condominium or cooperative associations existing on or before July 1, 2022, which are controlled by
unit owners other than the developer, must have a SIRS completed by December 31, 2024, for each
building on the condominium or cooperative property that is three stories or higher in height.

If a condominium or cooperative association fails to complete a SIRS, such failure is a breach of an
officer's and director's fiduciary relationship to the unit owners.

Reserves

Every condominium and cooperative association must have a budget that sets forth the proposed
expenditure of funds for the maintenance, management, and operation of the association. The budget
is adopted for a 12-month period reflecting an association’s fiscal year, and it must provide a detailed
listing of the estimated revenues and expenses that the association reasonably projects for the coming
fiscal year. The annual budget is made up of two parts, the part covering the regular operations of the
association and the part covering the cost for capital expenses and deferred maintenance (reserves). 60

Reserves are funds that are set aside for capital expenses and deferred maintenance. Reserves
provide funds for major capital repairs or replacements that are needed intermittently such as replacing
a roof. The reserves are designed to ensure that an association will have the funds when the repairs
are needed and will not have to do a large special assessment. 61

The amount of funds that must be placed in reserve is determined by the condominium or cooperative
association’s most recent structural integrity reserve study. If the amount to be reserved for an item is
not in the association’s most recent structural integrity reserve study or the association has not
completed a structural integrity reserve study, then the association may use the traditional formula or
alternative formula to determine the amount of funds to reserve.

Current law also requires associations to have and fund reserve accounts for roof replacement, building
painting, pavement resurfacing, and any item for which the deferred maintenance expense or
replacement cost is greater than $10,000.62 There are two methods of calculating these reserves.

The first is the traditional formula, and the second is the alternative formula. The traditional formula
takes into account the estimated deferred maintenance or capital expenditure amount, estimated fund
balance, and number of years remaining until deferred maintenance or a capital expenditure is
needed.63

The alternative formula allows associations to maintain a pooled account for multiple reserve assets
that are similar or related. For example, an association responsible for managing two swimming pools
may create a pool reserve account for both pools instead of a reserve account for each pool. The
formula for a pooled account must provide for an annual contribution that will ensure the balance on
hand in the account is equal to or greater than the annual projected outflows from the account. 64

60 Ss. 718.112(2)(f) and 719.106(1)(j), F.S.
61 Ss. 718.112(2)(f) and 719.106(1)(j), F.S.
62 Id.
63 Id.; Rules 61B-22.005(3), and 61B-76.005(1), F.A.C.
64 Rules 61B-22.005(1), (3), and 61B-76.005(1), (3), F.A.C.
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DATE: 3/20/2023
Waiver of Reserves

Effective December 1, 2024, a unit-owner controlled association may not waive collecting reserves or
collect less reserve funds than required for items that are required to be inspected in a SIRS for an
association building that is three stories or higher in height. In addition, unit-owner controlled
associations may not use such reserve funds for purposes other than their intended purpose.

For other reserve items, associations may waive funding reserves for capital expenditures and deferred
maintenance or provide funds that are less than the required amount by a majority of the voting
interests present at a properly called meeting. The waiver of reserves by the membership is only for the
current year, and a separate vote must be taken each year to waive the reserves or fund less than the
required amount.65 Associations may also vote to use reserve funds for purposes other than their
intended purpose, such as using funds from the roof reserve account for painting buildings, by a
majority of the voting interests present at a properly called meeting.66

Structural Integrity Reserve Study – Effect of the Bill

The bill allows the visual inspection portion of the SIRS to be performed by, in addition to professional
engineers and architects:
 a licensed general contractor licensed with at least 5 years' experience building or constructing
threshold buildings, and
 a licensed building code administrator or building code inspector with at least 5 years'
experience inspecting threshold buildings.

The bill clarifies that only if an association is required to complete a structural integrity reserve study, is
that association’s reserve account required to include SIRS items. The bill also clarifies that an item
does not need to be accounted for in the reserve account if it has a remaining useful life of more than
25 years.

The bill adds “exterior doors” to the list of SIRS items.

The bill clarifies the timeline to complete a SIRS. The bill requires all associations that are controlled by
unit owners other than the developer to have a SIRS completed by December 31, 2024, for each
building on the condominium property that is three stories or higher in height. The bill allows
associations that are required to complete a milestone inspection on or before December 31, 2026 to
complete the SIRS simultaneously with the milestone inspection. However, in no event may the SIRS
be completed after December 31, 2026.

The bill allows associations to use a milestone inspection report or an inspection report completed for a
similar local requirement in place of a SIRS visual inspection report if the report was performed within
the past 5 years and meets the SIRS requirements.

Developer and Non-developer Disclosures Prior to Sale – Current Situation

Developers and non-developer owners of condominium or cooperative units must give certain
documents to a prospective buyer or lessee before the execution of a contract for the sale of a
residential unit, including a copy of the inspector prepared summary of the milestone inspection report,
and a copy of the most recent SIRS or a statement that the association has not completed a SIRS. 67

A developer may not close for 15 days following the execution of a purchase contract or certain lease
contracts, or the delivery of the required documents to the buyer, including the documents creating the

65 Ss. 718.112(2)(f)and 719.106(1)(j), F.S.; Rules 61B-22.005(8), and 61B-76.005(8), F.A.C.
66 Ss. 718.112(2)(f)and 719.106(1)(j), F.S.
67 Ss. 718.503(1) and 719.503(1), F.S.
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DATE: 3/20/2023
association, the bylaws, and the estimated operating budget of the association. A prospective
purchaser may void the contract within 15 days of his or her receipt of all the required documents. 68

Developer and Non-developer Disclosures Prior to Sale – Effect of the Bill

The bill requires the following disclosures relating to milestone inspections and SIRS requirements in
developer and non-developer sales contracts entered into on or after January 1, 2025, for the sale of a
residential unit:
 If the association is required to have a milestone inspection or a structural integrity reserve
study, and the association has not completed the milestone inspection or structural integrity
reserve study, each contract must contain in conspicuous type a statement indicating that the
association is required to have a milestone inspection or a structural integrity reserve study and
the association has failed to complete such inspection or study, as applicable.
 If the association is required to have a milestone inspection or a structural integrity reserve
study, and the association has completed such inspection or study, each contract must contain
a copy of the most recent milestone inspection report or structural integrity reserve study, as
applicable.
 If the association is not required to have a milestone inspection or a structural integrity reserve
study, each contract must contain in conspicuous type a statement indicating that the
association is not required to have a milestone inspection or a structural integrity reserve study,
as applicable.

Enforcement– Current Situation

For condominium associations, the Division has jurisdiction to investigate complaints and enforce
compliance with the Condominium Act for associations that are controlled by a developer, a bulk buyer,
or a bulk assignee. Once a developer has turned over control of the condominium to the association the
Division only has jurisdiction to investigate complaints related to financial issues, elections, and unit
owner access to official records.69

For cooperative associations, the Division has jurisdiction to investigate complaints and enforce
compliance with the Cooperative Act.70

If a person believes there is a violation of the Condominium Act or Cooperative Act, he or she may file a
complaint with the Division. If the complaint is within the Division’s jurisdiction, the Division assigns an
investigator to the complaint. After investigating the complaint, if the Division has reasonable cause to
believe that a violation occurred, it may initiate an enforcement proceeding in its own name as follows: 71
 Enter in a voluntary consent proceeding with the person who violated the Condominium Act or
Cooperative Act where he or she consents to stopping the violation.
 Issue a cease and desist.
 File an administrative complaint against the person.
 File an enforcement action in circuit court to seek declaratory or injunctive relief on behalf of the
unit owners.
 Remove an individual from his or her position as an officer or board member of a condominium
or cooperative.
 Impose civil penalties in the amount of up to $5,000 per violation.

In order to enforce the Condominium Act and Cooperative Act, the Division may conduct inves tigations,
take sworn statements, receive evidence, and subpoena individuals and documentation. If the Division

68 Ss. 718.503(1) and 719.503(1), F.S., providing the developer disclosures before the sale or lease of a residential condominium or
cooperative unit, respectively.
69 S. 718.501(1), F.S.
70 S. 719.504(1), F.S.
71 Ss. 718.501(1)(d), (m), and 719.501(1)(d), (m), F.S.
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believes a person has destroyed or altered association documents or impaired the availability of
association documents during an investigation, the Division must refer it to local law enforcement.72

The Division has authority to investigate condominium and cooperative complaints related to the
procedural completion of milestone structural inspections and structural integrity reserve studies.

Alternative Dispute Resolution

There is an alternative dispute resolution process for certain disputes between unit owners and
condominium or cooperative associations. Before the institution of court litigation, a party to certain
disputes must either petition the division for nonbinding arbitration or initiate pre-suit mediation.73
Alternative dispute resolution offers a more efficient, cost-effective option to court litigation, but
alternative dispute resolution should not be used as a mechanism to encourage the filing of frivolous or
nuisance suits.74

Alternative dispute resolution is required for any disagreements between two or more parties that
involves:75
 The authority of the board of directors to require an owner to take any action, or not to take any
action, involving that owner's unit or the appurtenance thereto and the authority of the board of
directors to alter or add to common areas or elements; 76
 The board of directors' failure to:
o Properly conduct elections;
o Give adequate notice of meetings;
o Properly conduct meetings;
o Provide access to association books and records; and
 A plan of termination.

The Division does not have jurisdiction to arbitrate or mediate disputes between a unit owner and an
association that involve: 77
 Title to any unit or common element;
 The interpretation or enforcement of any warranty;
 The levy of a fee or assessment, or the collection of an assessment levied against a party;
 The eviction or other removal of a tenant from a unit;
 Alleged breaches of fiduciary duty by one or more directors; or
 Claims for damages to a unit based upon the alleged failure of the association to maintain the
common elements or condominium property.

Recall and election disputes in condominium, cooperative, and homeowners’ associations are not
eligible for pre-suit mediation and must be arbitrated by the Division or filed directly with a court of
competent jurisdiction.78

Arbitration is binding on the parties if all parties in arbitration agree to be bound in a writing filed in the
arbitration,79 or if a complaint for a trial de novo is not filed in a court of competent jurisdiction in which
the condominium is located within 30 days after the arbitration decision is rendered. 80

72 Ss. 718.501(1)(c) and 719.501(1)(c), F.S.
73 S. 718.1255, 719.1255, and 719.106(1)(f), F.S.
74 S. 718.1255(3)(b ), F.S., providing legislative findings regarding the advantages of pre-suit alternative dispute resolution.
75 S. 718.1255(1)(a), F.S., defining the term “dispute.”
76 Id.
77 Id.
78 S. 718.1255(5), F.S.
79 S. 718.1255(4)(a), F.S.
80 S. 718.1255(4)(k), F.S.
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The filing fee for a petition to the Division to initiate nonbinding arbitration or pre-suit mediation is $50.81
The division employs full-time arbitrators and may certify private attorneys to conduct mandatory
nonbinding arbitration.

Current law also encourages parties to a condominium dispute to participate in voluntary mediation
through a Citizen Dispute Settlement Center.82

The mediation of disputes in condominium and cooperative associations is regulated under s. 720.311,
F.S., which also provides for the mediation of the certain homeowners’ association disputes. An
aggrieved party in a dispute must initiate the mediation proceedings by serving a written petition for
mediation to the opposing party. The petition must identify the specific nature of the dispute and the
basis for the alleged violations. The written offer must include five certified mediators that the aggrieved
party believes to be neutral. The serving of the petition tolls the statute of limitations for the dispute. If
emergency relief is required, a temporary injunction may be sought in court before the mediation.83

The opposing party has 20 days to respond to the petition. If the opposing party fails to respond or
refuses to mediate, the aggrieved party may proceed to civil court. If the parties agree to mediation, the
mediator must hold the mediation within 90 days after the petition is sent to the opposing parties. The
parties share the costs of mediation except for the cost of attorney’s fees. Mediation is confidential, and
persons who are not parties to the dispute (other than attorneys or a designated representative for the
association) may not attend the mediation conference. 84

The bylaws for condominium and cooperative associations must provide for mandatory dispute
resolution.85

Enforcement – Effect of the Bill

The bill redefines the term “dispute” to permit unit owners in condominium and cooperative associations
to utilize the mediation process in s. 720.311, F.S., related to disputes in homeowners’ associations.

Under the bill, condominium and cooperative unit owners may use the mediation process for disputes
related to failure of a board of administration to:
 Obtain a milestone inspection.
 Obtain a structural integrity reserve study.
 Fund reserve accounts as required for a SIRS item.
 Make or provide necessary maintenance or repairs of the condominium property as
recommended by a milestone inspection or a structural integrity reserve study.

The bill provides the following avenues for injunctive relief:
 A unit owner may institute an action in a court of competent jurisdiction in which the
condominium is located to seek injunctive relief against the association to:
o Enforce compliance with milestone inspection requirements and structural integrity
reserve study requirements.
o Prevent irreparable injury to unit owners and the association and to protect human
health, safety, and welfare caused or threatened by any violation of the milestone
inspection requirements and structural integrity reserve study requirements.
 The Division may, in the name of the state, seek injunctive relief in any court of competent
jurisdiction in which the condominium or cooperative is located to obtain relief against the
association to enforce compliance with milestone inspection requirements. This relief is in
addition to, and not in lieu of, any other available penalty or remedy.

81 S. 718.1255(4)(a), F.S.
82 S. 718.1255(2), F.S.
83 Id.
84 S. 720.311(2)(b), F.S.
85 Ss. 718.112(2)(k) and 719.106(1)(l), F.S., relating to condominium and cooperative associations, respectively.
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 Any local authority having jurisdiction to enforce milestone inspection requirements may seek
injunctive relief from any court of competent jurisdiction in which the condominium or
cooperative is located against the association to enforce compliance with milestone inspection
requirements, upon an affidavit of the local authority having jurisdiction specifying the manner in
which the condominium does not conform to such requirements.

The bill makes clarifying, cross-reference, and conforming changes.

The bill has an effective date of July 1, 2023.

B. SECTION DIRECTORY:
Section 1: Amends s. 468.4334, F.S.; relating to community association managers.
Section 2: Amends s. 553.899, F.S.; relating to milestone inspections.
Section 3: Amends s. 718.103, F.S.; relating to the definition of structural integrity reserve study.
Section 4: Amends s. 718.112, F.S.; relating to requirements of a structural integrity reserve study.
Section 5: Amends s. 718.1255, F.S.; relating to alternative dispute resolution at the Division.
Section 6: Amends s. 718.13, F.S.; relating to injunctive relief.
Section 7: Amends s. 718.301, F.S.; making conforming changes.
Section 8: Amends s. 718.503, F.S.; relating to provisions and disclosures in sales contracts.
Section 9: Amends s. 719.103, F.S.; relating to the definition of structural integrity reserve study.
Section 10: Amends s. 719.106, F.S.; relating to requirements of a structural integrity reserve study.
Section 11: Amends s. 719.132, F.S.; relating to injunctive relief.
Section 12: Amends s. 719.301, F.S.; making conforming changes.
Section 13: Amends s. 719.503, F.S.; relating to provisions and disclosures in sales contracts.
Section 14: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
DBPR may incur increased expenditures related to creating a uniform inspection form and possible
increased complaints related to milestone inspection and SIRS requirements. The impact is
currently indeterminate.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Condominium and cooperative associations and unit owners in those communities may incur expenses
related to the required conduct of a milestone inspection and reserve study. However, the associations
and unit owners may benefit from the long-term financial planning benefits of a reserve study and from
the maintenance or repair of association property.

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Providers of reserve studies and architects, engineers, general contractors, building officials, and
inspectors who offer milestone inspections and SIRS may benefit from additional business due to the
required milestone inspections and reserve studies.

D. FISCAL COMMENTS:
Fannie Mae86 and the Federal Housing Administration87 have altered their requirements for loans
secured by condominiums and cooperatives in response to the Champlain Towers collapse, including
requiring:
 The association to have assessments sufficient to fund any repairs; and
 That at least 10 percent of the association’s assessments are dedicated to budget reserves.

Fannie Mae also provides that condominiums and cooperatives with significant deferred maintenance
or that have received a directive from a regulatory authority or inspection agency to make repairs due to
unsafe conditions are not eligible for purchase until the repairs are made. 88

Although the underwriting standard was adopted before the Champlain Towers South collapse, Freddie
Mac also requires that at least 10 percent of a condominium association’s assessments dedicated to
budget reserves.89

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill requires the Building Commission to create a uniform inspection form which may be used
statewide for milestone inspection and SIRS reporting requirements. There is adequate rulemaking
authority to do so.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

86 Fannie Mae, Lender Letter (LL-20221-14), Oct. 12, 2021, available at: https://singlefamily.fanniemae.com/ media/29411/display
(last visited Mar. 19, 2023).
87 Freddie Mac, Handbook 4000.1, FHA Single Family Housing Policy Handbook, Condominium Project Approval , sec. II.C.2.vi., p.

530, available at: https://www.hud.gov/sites/dfiles/OCHCO/documents/4000.1hsgh -102021.pdf (last visited Mar. 19, 2023).
88 Fannie Mae, supra note 86..
89 Freddie Mac, Established Condominium Projects, Effective June 1, 2022, available at:

https://guide.freddiemac.com/app/guide/section/5701.5 (last visited Mar. 19, 2023).
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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 1395 2023

1 A bill to be entitled
2 An act relating to the management and safety of
3 condominium and cooperative buildings; amending s.
4 468.4334, F.S.; revising professional practice
5 standards for community association managers and
6 community association management firms; amending s.
7 553.899, F.S.; revising legislative findings; revising
8 definitions; requiring condominium associations and
9 cooperative associations to have milestone inspections
10 performed on certain buildings after they reach 25
11 years of age; removing provisions relating to certain
12 buildings located near coastlines; revising the date
13 on which a building's certificate of occupancy was
14 issued to trigger the requirement of a milestone
15 inspection; authorizing an extension of the deadline
16 for the completion of a milestone inspection under
17 certain circumstances; requiring certain notice be
18 given to unit owners within a specified time period;
19 authorizing additional persons to conduct phase one
20 inspections; specifying the only persons authorized to
21 conduct phase two inspections; requiring certain
22 associations to enter into contracts with certain
23 persons within a specified timeframe; requiring that a
24 phase two inspection begin within a specified
25 timeframe; requiring certain inspection reports to

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26 bear certain attestations; authorizing the governing
27 body of a municipality to adopt certain ordinances;
28 removing a specified review by the Florida Building
29 Commission; removing the requirement that the
30 commission submit a certain report to the Governor and
31 Legislature by a specified date; requiring the
32 commission to create standardized milestone inspection
33 forms; authorizing local enforcement agencies to
34 develop their own forms and requirements; conforming
35 provisions to changes made by the act; amending ss.
36 718.103 and 719.103, F.S.; revising the definition of
37 "structural integrity reserve study"; amending ss.
38 718.112 and 719.106, F.S.; requiring certain items
39 that will require maintenance, repair, or replacement
40 within a certain timeframe to be included in reserve
41 accounts; removing a date by which certain structural
42 integrity reserve studies must be completed; providing
43 an exception to the requirement of a structural
44 integrity reserve study; requiring certain
45 associations' budgets to include reserves, in an
46 amount determined by a specified study, for certain
47 items; requiring the structural integrity reserve
48 study to include exterior doors; authorizing certain
49 inspections to be used in place of other inspections
50 under certain circumstances; requiring that the

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51 inspector-prepared summary of the inspection report be
52 provided to certain persons within a specified time
53 period; conforming provisions to changes made by the
54 act; amending s. 718.1255, F.S.; revising the
55 definition of a "dispute" for purposes of alternative
56 dispute resolution; requiring certain disputes to be
57 submitted to presuit mediation; creating ss. 718.13
58 and 719.132, F.S.; authorizing unit owners and certain
59 entities to file an action in court for certain
60 injunctive relief; amending ss. 718.301 and 719.301,
61 F.S.; conforming provisions to changes made by the
62 act; amending ss. 718.503 and 719.503, F.S.; requiring
63 that certain provisions be included in certain
64 contracts entered into after specified dates under
65 certain circumstances; conforming provisions to
66 changes made by the act; providing effective dates.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Paragraph (b) of subsection (1) of section
71 468.4334, Florida Statutes, is amended to read:
72 468.4334 Professional practice standards; liability. —
73 (1)
74 (b) If a community association manager or a community
75 association management firm has a contract with a community

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76 association that has a building on the association's property
77 that is subject to s. 553.899, the community association manager
78 or the community association management firm must comply with
79 that section as directed by the board.
80 Section 2. Subsection (13) of section 553.899, Florida
81 Statutes, is renumbered as subsection (12), subsections (1)
82 through (8) and (11) and present subsection (12) are amended,
83 and a new subsection (13) is added to that section, to read:
84 553.899 Mandatory structural inspections for condominium
85 and cooperative buildings.—
86 (1) The Legislature finds that maintaining the structural
87 integrity of a building throughout the its service life of the
88 building is of paramount importance in order to ensure that
89 buildings are structurally sound so as to not pose a threat to
90 the public health, safety, or welfare. As such, the Legislature
91 finds that the imposition of a statewide structural inspection
92 program for aging condominium and cooperative buildings in this
93 state is necessary to ensure that such buildings are safe for
94 continued use.
95 (2) As used in this section, the terms:
96 (a) "Milestone inspection" means a structural inspection
97 of a building, including an inspection of load-bearing elements
98 walls and the primary structural members and primary structural
99 systems as those terms are defined in s. 627.706. Phase one of
100 the milestone inspection must be performed, by a general

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101 contractor licensed under chapter 489 with at least 5 years'
102 experience building or constructing threshold buildings, a
103 building code administrator or building code inspector licensed
104 under part XII of chapter 468 with at least 5 years' experience
105 inspecting threshold buildings, or by a licensed architect or
106 engineer authorized to practice in this state. Phase two of the
107 milestone inspection must be performed by a licensed architect
108 or engineer authorized to practice in this state. Such
109 structural inspection must be completed with the purpose for the
110 purposes of attesting to the life safety and adequacy of the
111 structural components of the building and, to the extent
112 reasonably possible, determining the general structural
113 condition of the building as it affects the safety of such
114 building, including a determination of any necessary
115 maintenance, repair, or replacement of any structural component
116 of the building. The purpose of such inspection is not to
117 determine if the condition of an existing building is in
118 compliance with the Florida Building Code or the firesafety
119 code.
120 (b) "Substantial structural deterioration" means
121 substantial structural distress or a substantial structural
122 weakness that negatively affects a building's general structural
123 condition and integrity. The term does not include surface
124 imperfections such as cracks, distortion, sagging, deflections,
125 misalignment, signs of leakage, or peeling of finishes unless

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126 the licensed general contractor, building code administrator,
127 building code inspector, engineer, or architect performing the
128 phase one or phase two inspection determines that such surface
129 imperfections are a sign of substantial structural
130 deterioration.
131 (3) A condominium association under chapter 718 and a
132 cooperative association under chapter 719 must have a milestone
133 inspection performed for each building that is three stories or
134 more in height by December 31 of the year in which the building
135 reaches 25 30 years of age, based on the date the certificate of
136 occupancy for the building was issued, and every 10 years
137 thereafter. If the building is located within 3 miles of a
138 coastline as defined in s. 376.031, the condominium association
139 or cooperative association must have a milestone inspection
140 performed by December 31 of the year in which the building
141 reaches 25 years of age, based on the date the certificate of
142 occupancy for the building was issued, and every 10 years
143 thereafter. The condominium association or cooperative
144 association must arrange for the milestone inspection to be
145 performed and is responsible for ensuring compliance with the
146 requirements of this section. The condominium association or
147 cooperative association is responsible for all costs associated
148 with the inspection. This subsection does not apply to
149 associations that only include a single-family, two-family, or
150 three-family dwellings dwelling with three or fewer habitable

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151 stories above ground.
152 (4) If a milestone inspection is required under this
153 section and the building's certificate of occupancy was issued
154 on or before December 31, 1994 July 1, 1992, the building's
155 initial milestone inspection must be performed before December
156 31, 2024. If a milestone inspection is required under this
157 section and the building's certificate of occupancy was issued
158 during the period of January 1, 1995, through December 31, 2000,
159 the building's initial milestone inspection must be performed
160 before December 31, 2026. The local enforcement agency may
161 extend the deadline for a building's initial milestone
162 inspection upon a showing of good cause by the condom inium or
163 cooperative association that the association has entered into a
164 contract for the performance of the milestone inspection but
165 that the inspection cannot reasonably be completed before the
166 deadline. If the date of issuance for the certificate of
167 occupancy is not available, the date of issuance of the
168 building's certificate of occupancy shall be the date of
169 occupancy evidenced in any record of the local building
170 official.
171 (5) Upon determining that a building must have a milestone
172 inspection, the local enforcement agency must provide written
173 notice of such required inspection to the condominium
174 association or cooperative association by certified mail, return
175 receipt requested. The condominium or cooperative association

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176 must notify the unit owners of the required milestone inspection
177 within 14 days after receipt of the written notice from the
178 local enforcement agency and provide the date that the milestone
179 inspection must be completed.
180 (6) Within 180 days after receiving the written notice
181 under subsection (5), the condominium association or cooperative
182 association must complete phase one of the milestone inspection.
183 For purposes of this section, completion of phase one of t he
184 milestone inspection means the licensed general contractor,
185 building code administrator, building code inspector, engineer,
186 or architect who performed the phase one inspection submitted
187 the inspection report by e-mail, United States Postal Service,
188 or commercial delivery service to the local enforcement agency.
189 (7) A milestone inspection consists of two phases:
190 (a) For phase one of the milestone inspection, a general
191 contractor licensed under chapter 489 with at least 5 years'
192 experience building or constructing threshold buildings, a
193 building code administrator or building code inspector licensed
194 under part XII of chapter 468 with at least 5 years' experience
195 inspecting threshold buildings, or a licensed architect or
196 engineer authorized to practice in this state shall perform a
197 visual examination of habitable and nonhabitable areas of a
198 building, including the major structural components of a
199 building, and provide a qualitative assessment of the structural
200 conditions of the building. If the general contractor, building

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201 code administrator, building code inspector, architect, or
202 engineer finds no signs of substantial structural deterioration
203 to any building components under visual examination, phase two
204 of the inspection, as provided in paragraph (b), is not
205 required. A general contractor, a building code administrator, a
206 building code inspector, an architect, or an engineer who
207 completes a phase one milestone inspection shall prepare and
208 submit an inspection report pursuant to subsection (8).
209 (b) A phase two of the milestone inspection must be
210 performed if any substantial structural deterioration is
211 identified during phase one. Only a licensed architect or
212 engineer authorized to practice in this state may perform a
213 phase two milestone inspection. If a phase two inspection is
214 required, the association must contract, within 90 days after
215 receipt of the phase one inspection report, with a licensed
216 architect or engineer to perform the phase two inspection. The
217 licensed architect or engineer contracted with to perform the
218 inspection must begin the phase two inspection within 90 days
219 after entering into a contract with the association. A phase two
220 inspection may involve destructive or nondestructive testing at
221 the inspector's direction. The inspection may be as extensive or
222 as limited as necessary to fully assess areas of structural
223 distress in order to confirm that the building is structurally
224 sound and safe for its intended use and to recommend a program
225 for fully assessing and repairing distressed and damaged

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226 portions of the building. When determining testing locations,
227 the inspector must give preference to locations that are the
228 least disruptive and most easily repairable while still being
229 representative of the structure. An inspector who completes a
230 phase two milestone inspection shall prepare and submit an
231 inspection report pursuant to subsection (8).
232 (8) Upon completion of a phase one or phase two milestone
233 inspection, the general contractor, building code administrator,
234 building code inspector, architect, or engineer who performed
235 the inspection must submit a copy, or a sealed copy, if
236 applicable, of the inspection report with a separate summary of,
237 at minimum, the material findings and recommendations in the
238 inspection report to the condominium association or cooperative
239 association, and to the building official of the local
240 government which has jurisdiction. The inspection report must,
241 at a minimum, meet all of the following criteria:
242 (a)1. Bear an attestation and signature, or electronic
243 signature, of the licensed general contractor, building code
244 administrator, or building code inspector who performed the
245 inspection; or
246 2. Bear the seal and signature, or the electronic
247 signature, of the licensed engineer or architect who performed
248 the inspection,
249
250 indicating that such report complies with the statutory

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251 requirements for the inspection.
252 (b) Indicate the manner and type of inspection forming the
253 basis for the inspection report.
254 (c) Identify any substantial structural deterioration,
255 within a reasonable professional probability based on the scope
256 of the inspection, describe the extent of such deterioration,
257 and identify any recommended repairs for such deterioration.
258 (d) State whether unsafe or dangerous conditions, as those
259 terms are defined in the Florida Building Code, were observed.
260 (e) Recommend any remedial or preventive repair for any
261 items that are damaged but are not substantial structural
262 deterioration.
263 (f) Identify and describe any items requiring further
264 inspection.
265 (11) A board of county commissioners or the governing body
266 of a municipality may adopt an ordinance requiring that a
267 condominium or cooperative association schedule or commence
268 repairs for substantial structural deterioration within a
269 specified timeframe after the local enforcement agency receives
270 a phase two inspection report; however, such repairs must be
271 commenced within 365 days after receiving such report. If an
272 association fails to submit proof to the local enforcement
273 agency that repairs have been scheduled or have commenced for
274 substantial structural deterioration identified in a phase two
275 inspection report within the required timeframe, the local

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276 enforcement agency must review and determine if the building is
277 unsafe for human occupancy.
278 (12) The Florida Building Commission shall review the
279 milestone inspection requirements under this section and make
280 recommendations, if any, to the Legislature to ensure
281 inspections are sufficient to determine the structural integrity
282 of a building. The commission must provide a written report of
283 any recommendations to the Governor, the President of the
284 Senate, and the Speaker of the House of Representatives by
285 December 31, 2022.
286 (13) The Florida Building Commission shall create a
287 standardized milestone inspection report form for the submission
288 of such reports to local enforcement agencies by general
289 contractors, building code administrators, building code
290 inspectors, engineers, and architects. Local enforcement
291 agencies may develop their own forms and requirements and are
292 not required to use the commission's standardized forms.
293 Section 3. Subsection (25) of section 718.103, Florida
294 Statutes, is amended to read:
295 718.103 Definitions.—As used in this chapter, the term:
296 (25) "Structural integrity reserve study" means a study of
297 the reserve funds required for future major repairs and
298 replacement of the common areas based on a visual inspection of
299 the common areas. A structural integrity reserve study may be
300 performed by any person qualified to perform such study.

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301 However, the visual inspection portion of the structural
302 integrity reserve study must be performed by an engineer
303 licensed under chapter 471, a general contractor licensed under
304 chapter 489 with at least 5 years' experience building or
305 constructing threshold buildings as defined in s. 553.71, a
306 building code administrator or building code inspector licensed
307 under part XII of chapter 468 with at least 5 years' experience
308 inspecting threshold buildings as defined in s. 553.71, or an
309 architect licensed under chapter 481. At a minimum, a structural
310 integrity reserve study must identify the common areas being
311 visually inspected, state the estimated remaining useful life
312 and the estimated replacement cost or deferred maintenance
313 expense of the common areas being visually inspecte d, and
314 provide a recommended annual reserve amount that achieves the
315 estimated replacement cost or deferred maintenance expense of
316 each common area being visually inspected by the end of the
317 estimated remaining useful life of each common area.
318 Section 4. Paragraphs (f), (g), and (h) of subsection (2)
319 of section 718.112, Florida Statutes, are amended to read:
320 718.112 Bylaws.—
321 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
322 following and, if they do not do so, shall be deemed to include
323 the following:
324 (f) Annual budget.—
325 1. The proposed annual budget of estimated revenues and

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326 expenses must be detailed and must show the amounts budgeted by
327 accounts and expense classifications, including, at a minimum,
328 any applicable expenses listed in s. 718.504(21). The board
329 shall adopt the annual budget at least 14 days before the start
330 of the association's fiscal year. In the event that the board
331 fails to timely adopt the annual budget a second time, it is
332 deemed a minor violation and the prior year's budget shall
333 continue in effect until a new budget is adopted. A
334 multicondominium association must adopt a separate budget of
335 common expenses for each condominium the association operates
336 and must adopt a separate budget of common expenses for the
337 association. In addition, if the association maintains limited
338 common elements with the cost to be shared only by those
339 entitled to use the limited common elements as provided for in
340 s. 718.113(1), the budget or a schedule attached to it must show
341 the amount budgeted for this maintenance. If, after turnover of
342 control of the association to the unit owners, any of the
343 expenses listed in s. 718.504(21) are not applicable, they do
344 not need to be listed.
345 2.a. In addition to annual operating expenses, the budget
346 must include reserve accounts for capital expenditures and
347 deferred maintenance. These accounts must include, but are not
348 limited to, roof replacement, building painting, and pavement
349 resurfacing, regardless of the amount of deferred maintenance
350 expense or replacement cost, and any other item that has a

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351 deferred maintenance expense or replacement cost that exceeds
352 $10,000, and those items listed in paragraph (g) that will
353 require maintenance, repair, or replacement within the next 25
354 years. The amount to be reserved for an item is determined by
355 the association's most recent structural integrity reserve study
356 that must be completed as provided in paragraph (g) by December
357 31, 2024. If the amount to be reserved for an item is not in the
358 association's initial or most recent structural integrity
359 reserve study or the association has not completed a structural
360 integrity reserve study, the amount must be computed using a
361 formula based upon estimated remaining useful life and estimated
362 replacement cost or deferred maintenance expense of the reserve
363 item. However, any item with a remaining useful life greater
364 than 25 years is not required to be included in the study. If an
365 association is required to complete a structural integrity
366 reserve study, the association's budget must maintain reserves,
367 in the amount recommended in the association's most recent
368 structural integrity reserve study, for the items listed in
369 paragraph (g). The association may adjust replacement reserve
370 assessments annually to take into account any changes i n
371 estimates or extension of the useful life of a reserve item
372 caused by deferred maintenance. The members of a unit -owner-
373 controlled association may determine, by a majority vote at a
374 duly called meeting of the association, to provide no reserves
375 or less reserves than required by this subsection. Effective

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376 December 31, 2024, the members of a unit-owner-controlled
377 association may not determine to provide no reserves or less
378 reserves than required by this subsection for items listed in
379 paragraph (g).
380 b. Before turnover of control of an association by a
381 developer to unit owners other than a developer under s.
382 718.301, the developer-controlled association may not vote to
383 waive the reserves or reduce funding of the reserves. If a
384 meeting of the unit owners has been called to determine whether
385 to waive or reduce the funding of reserves and no such result is
386 achieved or a quorum is not attained, the reserves included in
387 the budget shall go into effect. After the turnover, the
388 developer may vote its voting interest to waive or reduce the
389 funding of reserves.
390 3. Reserve funds and any interest accruing thereon shall
391 remain in the reserve account or accounts, and may be used only
392 for authorized reserve expenditures unless their use for other
393 purposes is approved in advance by a majority vote at a duly
394 called meeting of the association. Before turnover of control of
395 an association by a developer to unit owners other than the
396 developer pursuant to s. 718.301, the developer-controlled
397 association may not vote to use reserves for purposes other than
398 those for which they were intended. Effective December 31, 2024,
399 members of a unit-owner-controlled association may not vote to
400 use reserve funds, or any interest accruing thereon, that are

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401 reserved for items listed in paragraph (g) for any other purpose
402 other than their intended purpose.
403 4. The only voting interests that are eligible to vote on
404 questions that involve waiving or reducing the funding of
405 reserves, or using existing reserve funds for purposes other
406 than purposes for which the reserves were intended, are the
407 voting interests of the units subject to assessment to fund the
408 reserves in question. Proxy questions relating to waiving or
409 reducing the funding of reserves or using existing reserve funds
410 for purposes other than purposes for which the reserves were
411 intended must contain the following statement in capitalized,
412 bold letters in a font size larger than any other used on the
413 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
414 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
415 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
416 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
417 (g) Structural integrity reserve study.—
418 1. An association must have a structural integrity reserve
419 study completed at least every 10 years after the condominium's
420 creation for each building on the condominium property that is
421 three stories or higher in height which includes, at a minimum,
422 a study of the following items as related to the structural
423 integrity and safety of the building:
424 a. Roof.
425 b. Load-bearing walls or other primary structural members.

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426 c. Floor.
427 d. Foundation.
428 e. Fireproofing and fire protection systems.
429 f. Plumbing.
430 g. Electrical systems.
431 h. Waterproofing and exterior painting.
432 i. Windows and exterior doors.
433 j. Any other item that has a deferred maintenance expense
434 or replacement cost that exceeds $10,000 and the failure to
435 replace or maintain such item negatively affects the items
436 listed in sub-subparagraphs a.-i., as determined by the licensed
437 engineer, general contractor, building code administrator,
438 building code inspector, or architect performing the visual
439 inspection portion of the structural integrity reserve study.
440 2. Before a developer turns over control of an association
441 to unit owners other than the developer, the developer must have
442 a structural integrity reserve study completed for each building
443 on the condominium property that is three stories or higher in
444 height.
445 3. Associations that existing on or before July 1, 2022,
446 which are controlled by unit owners other than the developer,
447 must have a structural integrity reserve study completed by
448 December 31, 2024, for each building on the condominium property
449 that is three stories or higher in height. An association that
450 is required to complete a milestone inspection on or before

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451 December 31, 2026, in accordance with s. 553.899, may complete
452 the structural integrity reserve study simultaneously with the
453 milestone inspection. In no event may the structural integrity
454 reserve study be completed after December 31, 2026.
455 4. If an association fails to complete a structural
456 integrity reserve study pursuant to this paragraph, such failure
457 is a breach of an officer's and director's fiduciary
458 relationship to the unit owners under s. 718.111(1).
459 5. If the milestone inspection required by s. 553.899, or
460 an inspection completed for a similar local requirement, was
461 performed within the past 5 years and meets the requirements of
462 this paragraph, such inspection may be used in place of the
463 visual inspection portion of the structural integrity reserve
464 study.
465 (h) Mandatory milestone inspections.—If an association is
466 required to have a milestone inspection performed pursuant to s.
467 553.899, the association must arrange for the milestone
468 inspection to be performed and is responsible for ensuring
469 compliance with the requirements of s. 553.899. The association
470 is responsible for all costs associated with the inspection. If
471 the officers or directors of an association willfully and
472 knowingly fail to have a milestone inspection performed pursuant
473 to s. 553.899, such failure is a breach of the officers' and
474 directors' fiduciary relationship to the unit owners under s.
475 718.111(1)(a). Within 60 days after Upon completion of a phase

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476 one or phase two milestone inspection and receipt of the
477 inspector-prepared summary of the milestone inspection report
478 from any phase one or phase two milestone inspection from the
479 architect or engineer who performed the inspection, the
480 association must distribute a copy of the inspector-prepared
481 summary of the inspection report to each unit owner, regardless
482 of the findings or recommendations in the report, by United
483 States mail or personal delivery and by electronic transmission
484 to unit owners who previously consented to receive notice by
485 electronic transmission; must post a copy of the inspector -
486 prepared summary in a conspicuous place on the condominium
487 property; and must publish the full report and inspector -
488 prepared summary on the association's website, if the
489 association is required to have a website. If the visual
490 inspection portion of the structural integrity reserve study
491 required under paragraph (g) was performed within the past 5
492 years and meets the requirements for a milestone inspection in
493 s. 553.899, such inspection may be used in place of the phase
494 one milestone inspection.
495 Section 5. Effective July 1, 2027, subsection (5) of
496 section 718.1255, Florida Statutes, is amended, and paragraph
497 (d) is added to subsection (1) of that section, to read:
498 718.1255 Alternative dispute resolution; mediation;
499 nonbinding arbitration; applicability.—
500 (1) DEFINITIONS.—As used in this section, the term

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501 "dispute" means any disagreement between two or more parties
502 that involves:
503 (d) The failure of a board of administration, when
504 required by this chapter or a governing document of the
505 association, to:
506 1. Obtain a milestone inspection as required under s.
507 553.899.
508 2. Obtain a structural integrity reserve study as required
509 under s. 718.112(2)(g).
510 3. Fund reserve accounts as required for an item
511 identified in s. 718.112(2)(g).
512 4. Make or provide necessary maintenance or repairs of the
513 condominium property as recommended by a milestone inspection or
514 a structural integrity reserve study.
515
516 "Dispute" does not include any disagreement that primarily
517 involves: title to any unit or common element; the
518 interpretation or enforcement of any warranty; the levy of a fee
519 or assessment, or the collection of an assessment levied against
520 a party; the eviction or other removal of a tenant from a un it;
521 alleged breaches of fiduciary duty by one or more directors; or
522 claims for damages to a unit based upon the alleged failure of
523 the association to maintain the common elements or condominium
524 property.
525 (5) PRESUIT MEDIATION.—In lieu of the initiation of

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526 nonbinding arbitration as provided in subsections (1) -(4), a
527 party may submit a dispute to presuit mediation in accordance
528 with s. 720.311, except for:
529 (a) Disputes listed in paragraph (1)(d) are not subject to
530 nonbinding arbitration under subsection (4) and must be
531 submitted to presuit mediation in accordance with s. 720.311. ;
532 however,
533 (b) Election and recall disputes are not eligible for
534 mediation and such disputes must be arbitrated by the division
535 or filed in a court of competent jurisdiction.
536 Section 6. Section 718.13, Florida Statutes, is created to
537 read:
538 718.13 Injunctive relief.—
539 (1) A unit owner may institute an action in a court of
540 competent jurisdiction in which the condominium is located to
541 seek injunctive relief against the association to:
542 (a) Enforce compliance with milestone inspection
543 requirements under s. 553.899 and structural integrity reserve
544 study requirements under s. 718.112(2)(g).
545 (b) Prevent irreparable injury to unit owners and the
546 association and to protect human health, safety, and welfare
547 caused or threatened by any violation of the milestone
548 inspection requirements under s. 553.899 and structural
549 integrity reserve study requirements under s. 718.112(2)(g).
550 (2) The division may, in the name of the state, seek

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551 injunctive relief in any court of competent jurisdiction in
552 which the condominium is located to obtain relief against the
553 association to enforce compliance with milestone inspection
554 requirements under s. 553.899. A proceeding commenced under this
555 subsection is in addition to, and not in lieu of, any other
556 penalty or remedy under this chapter.
557 (3) Any local authority having jurisdiction to enforce
558 milestone inspection requirements may seek injunctive relief
559 from any court of competent jurisdiction in which the
560 condominium is located against the association to enforce
561 compliance with milestone inspection requirements under s.
562 553.899, upon an affidavit of the local authority having
563 jurisdiction specifying the manner in which the condominium does
564 not conform to the requirements of s. 553.899.
565 Section 7. Paragraph (p) of subsection (4) of section
566 718.301, Florida Statutes, is amended to read:
567 718.301 Transfer of association control; claims of defect
568 by association.—
569 (4) At the time that unit owners other than the developer
570 elect a majority of the members of the board of administration
571 of an association, the developer shall relinquish control of the
572 association, and the unit owners shall accept control.
573 Simultaneously, or for the purposes of paragraph (c) not more
574 than 90 days thereafter, the developer shall deliver to the
575 association, at the developer's expense, all property of the

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576 unit owners and of the association which is held or controlled
577 by the developer, including, but not limited to, the following
578 items, if applicable, as to each condominium operated by the
579 association:
580 (p) Notwithstanding when the certificate of occupancy was
581 issued or the height of the building, a milestone inspection
582 report in compliance with s. 553.899 included in the official
583 records, under seal of an architect or engineer or under
584 attestation of a general contractor, building code
585 administrator, or building code inspector authorized to practice
586 in this state indicating that such report complies with the
587 statutory requirements for the inspection, and attesting to
588 required maintenance, condition, useful life, and replacement
589 costs of the following applicable condominium property
590 comprising a turnover inspection report:
591 1. Roof.
592 2. Structure, including load-bearing walls and primary
593 structural members and primary structural systems as those terms
594 are defined in s. 627.706.
595 3. Fireproofing and fire protection systems.
596 4. Elevators.
597 5. Heating and cooling systems.
598 6. Plumbing.
599 7. Electrical systems.
600 8. Swimming pool or spa and equipment.

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601 9. Seawalls.
602 10. Pavement and parking areas.
603 11. Drainage systems.
604 12. Painting.
605 13. Irrigation systems.
606 14. Waterproofing.
607 Section 8. Paragraph (b) of subsection (1) and paragraph
608 (a) of subsection (2) of section 718.503, Florida Statutes, are
609 amended, and paragraph (d) is added to subsection (1) and
610 paragraph (e) is added to subsection (2) of that section, to
611 read:
612 718.503 Developer disclosure prior to sale; nondeveloper
613 unit owner disclosure prior to sale; voidability.—
614 (1) DEVELOPER DISCLOSURE.—
615 (b) Copies of documents to be furnished to prospective
616 buyer or lessee.—Until such time as the developer has furnished
617 the documents listed below to a person who has entered into a
618 contract to purchase a residential unit or lease it for more
619 than 5 years, the contract may be voided by that person,
620 entitling the person to a refund of any deposit together with
621 interest thereon as provided in s. 718.202. The contract may be
622 terminated by written notice from the proposed buyer or lessee
623 delivered to the developer within 15 days after the buyer or
624 lessee receives all of the documents required by this section.
625 The developer may not close for 15 days after the execution of

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626 the agreement and delivery of the documents to the buyer as
627 evidenced by a signed receipt for documents unless the buyer is
628 informed in the 15-day voidability period and agrees to close
629 before the expiration of the 15 days. The developer shall retain
630 in his or her records a separate agreement signed by the buyer
631 as proof of the buyer's agreement to close before the expiration
632 of the voidability period. The developer must retain such proof
633 for a period of 5 years after the date of the closing of the
634 transaction. The documents to be delivered to the prospective
635 buyer are the prospectus or disclosure statement with all
636 exhibits, if the development is subject to s. 718.504, or, if
637 not, then copies of the following which are applicable:
638 1. The question and answer sheet described in s. 718.504,
639 and declaration of condominium, or the proposed declaratio n if
640 the declaration has not been recorded, which shall include the
641 certificate of a surveyor approximately representing the
642 locations required by s. 718.104.
643 2. The documents creating the association.
644 3. The bylaws.
645 4. The ground lease or other underlying lease of the
646 condominium.
647 5. The management contract, maintenance contract, and
648 other contracts for management of the association and operation
649 of the condominium and facilities used by the unit owners having
650 a service term in excess of 1 year, and any management contracts

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651 that are renewable.
652 6. The estimated operating budget for the condominium and
653 a schedule of expenses for each type of unit, including fees
654 assessed pursuant to s. 718.113(1) for the maintenance of
655 limited common elements where such costs are shared only by
656 those entitled to use the limited common elements.
657 7. The lease of recreational and other facilities that
658 will be used only by unit owners of the subject condominium.
659 8. The lease of recreational and other common facilitie s
660 that will be used by unit owners in common with unit owners of
661 other condominiums.
662 9. The form of unit lease if the offer is of a leasehold.
663 10. Any declaration of servitude of properties serving the
664 condominium but not owned by unit owners or leased to them or
665 the association.
666 11. If the development is to be built in phases or if the
667 association is to manage more than one condominium, a
668 description of the plan of phase development or the arrangements
669 for the association to manage two or more condominiums.
670 12. If the condominium is a conversion of existing
671 improvements, the statements and disclosure required by s.
672 718.616.
673 13. The form of agreement for sale or lease of units.
674 14. A copy of the floor plan of the unit and the plot plan
675 showing the location of the residential buildings and the

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676 recreation and other common areas.
677 15. A copy of all covenants and restrictions that will
678 affect the use of the property and are not contained in the
679 foregoing.
680 16. If the developer is required by state or local
681 authorities to obtain acceptance or approval of any dock or
682 marina facilities intended to serve the condominium, a copy of
683 any such acceptance or approval acquired by the time of filing
684 with the division under s. 718.502(1), or a statement that such
685 acceptance or approval has not been acquired or received.
686 17. Evidence demonstrating that the developer has an
687 ownership, leasehold, or contractual interest in the land upon
688 which the condominium is to be developed.
689 18. A copy of the inspector-prepared summary of the
690 milestone inspection report as described in ss. 553.899 and
691 718.112(2)(h) ss. 553.899 and 718.301(4)(p).
692 19. A copy of the association's most recent structural
693 integrity reserve study or a statement that the association has
694 not completed a structural integrity reserve study.
695 (d) Milestone inspection or structural integrity reserve
696 study.—
697 1. If the association is required to have a milestone
698 inspection as described in ss. 553.899 and 718.112(2)(h) or a
699 structural integrity reserve study as described in s.
700 718.112(2)(g), and the association has not completed the

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701 milestone inspection or structural integrity reserve study, each
702 contract entered into on or after January 1, 2025, for the sale
703 of a residential unit must contain in conspicuous type a
704 statement indicating that the association is required to have a
705 milestone inspection or a structural integrity reserve study and
706 the association has failed to complete such inspection or study,
707 as applicable.
708 2. If the association is required to have a milestone
709 inspection as described in ss. 553.899 and 718.112(2)(h) or a
710 structural integrity reserve study as described in s.
711 718.112(2)(g), and the association has completed such inspection
712 or study, each contract entered into on or after January 1,
713 2025, for the sale of a residential unit must contain a copy of
714 the most recent milestone inspection report or structural
715 integrity reserve study, as applicable.
716 3. If the association is not required to have a milestone
717 inspection as described in ss. 553.899 and 718.112(2)(h) or a
718 structural integrity reserve study as described in s.
719 718.112(2)(g), each contract entered into on or after January 1,
720 2025, for the sale of a residential unit must contain in
721 conspicuous type a statement indicating that the association is
722 not required to have a milestone inspection or a structural
723 integrity reserve study, as applicable.
724 (2) NONDEVELOPER DISCLOSURE.—
725 (a) Each unit owner who is not a developer as defined by

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726 this chapter must comply with this subsection before the sale of
727 his or her unit. Each prospective purchaser who has entered into
728 a contract for the purchase of a condominium unit is entitled,
729 at the seller's expense, to a current copy of all of the
730 following:
731 1. The declaration of condominium.
732 2. Articles of incorporation of the association.
733 3. Bylaws and rules of the association.
734 4. Financial information required by s. 718.111.
735 5. A copy of the inspector-prepared summary of the
736 milestone inspection report as described in ss. 553.899 and
737 718.112(2)(h) ss. 553.899 and 718.301(4)(p), if applicable.
738 6. The association's most recent structural integrity
739 reserve study or a statement that the association has not
740 completed a structural integrity reserve study.
741 7. The document entitled "Frequently Asked Questions and
742 Answers" required by s. 718.504.
743 (e)1. If the association is required to have a milestone
744 inspection as described in ss. 553.899 and 718.112(2)(h) or a
745 structural integrity reserve study as described in s.
746 718.112(2)(g), and the association has not completed the
747 milestone inspection or structural integrity reserve study, each
748 contract entered into on or after January 1, 2025, for the sale
749 of a residential unit must contain in conspicuous type a
750 statement indicating that the association is required to have a

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751 milestone inspection or a structural integrity reserve study and
752 the association has failed to complete such inspection or study,
753 as applicable.
754 2. If the association is required to have a milestone
755 inspection as described in ss. 553.899 and 718.112(2)(h) or a
756 structural integrity reserve study as described in s.
757 718.112(2)(g), and the association has completed such inspection
758 or study, each contract entered into on or after January 1,
759 2025, for the sale of a residential unit must contain a copy of
760 the most recent milestone inspection report or structural
761 integrity reserve study, as applicable.
762 3. If the association is not required to have a milestone
763 inspection as described in ss. 553.899 and 718.112(2)(h) or a
764 structural integrity reserve study as described in s.
765 718.112(2)(g), each contract entered into on or after January 1,
766 2025, for the sale of a residential unit must contain in
767 conspicuous type a statement indicating that the association is
768 not required to have a milestone inspection or a structural
769 integrity reserve study, as applicable.
770 Section 9. Subsection (24) of section 719.103, Florida
771 Statutes, is amended to read:
772 719.103 Definitions.—As used in this chapter:
773 (24) "Structural integrity reserve study" means a study of
774 the reserve funds required for future major repairs and
775 replacement of the common areas based on a visual inspection of

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776 the common areas. A structural integrity reserve study may be
777 performed by any person qualified to perform such study.
778 However, the visual inspection portion of the structural
779 integrity reserve study must be performed by an engineer
780 licensed under chapter 471, a general contractor licensed under
781 chapter 489 with at least 5 years' experience building or
782 constructing threshold buildings as defined in s. 553.71; a
783 building code administrator or building code inspector licensed
784 under part XII of chapter 468 with at least 5 years' experience
785 inspecting threshold buildings as defined in s. 553.71; or an
786 architect licensed under chapter 481. At a minimum, a structural
787 integrity reserve study must identify the common areas being
788 visually inspected, state the estimated remaining useful life
789 and the estimated replacement cost or deferred maintenance
790 expense of the common areas being visually inspected, and
791 provide a recommended annual reserve amount that achieves the
792 estimated replacement cost or deferred maintenance expense of
793 each common area being visually inspected by the end of the
794 estimated remaining useful life of each common area.
795 Section 10. Paragraphs (j), (k), and (l) of subsection (1)
796 of section 719.106, Florida Statutes, are amended to read:
797 719.106 Bylaws; cooperative ownership.—
798 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
799 documents shall provide for the following, and if they do not,
800 they shall be deemed to include the following:

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801 (j) Annual budget.—
802 1. The proposed annual budget of common expenses must be
803 detailed and must show the amounts budgeted by accounts and
804 expense classifications, including, if applicable, but not
805 limited to, those expenses listed in s. 719.504(20). The board
806 of administration shall adopt the annual budget at least 14 days
807 before the start of the association's fiscal year. In the event
808 that the board fails to timely adopt the annual budget a second
809 time, it is deemed a minor violation and the prior year's budget
810 shall continue in effect until a new budget is adopted.
811 2. In addition to annual operating expenses, the budget
812 must include reserve accounts for capital expenditures a nd
813 deferred maintenance. These accounts must include, but are not
814 be limited to, roof replacement, building painting, and pavement
815 resurfacing, regardless of the amount of deferred maintenance
816 expense or replacement cost, and for any other items for which
817 the deferred maintenance expense or replacement cost exceeds
818 $10,000, and those items listed in paragraph (k) that will
819 require maintenance, repair, or replacement within the next 25
820 years. The amount to be reserved for an item is determined by
821 the association's most recent structural integrity reserve study
822 that must be completed as provided in paragraph (k) by December
823 31, 2024. If the amount to be reserved for an item is not in the
824 association's initial or most recent structural integrity
825 reserve study or the association has not completed a structural

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826 integrity reserve study, the amount must be computed by means of
827 a formula which is based upon estimated remaining useful life
828 and estimated replacement cost or deferred maintenance expense
829 of the reserve item. However, any item with a remaining useful
830 life greater than 25 years is not required to be included in the
831 study. If an association is required to complete a structural
832 integrity reserve study, the association's budget must maintain
833 reserves, in the amount recommended in the association's most
834 recent structural integrity reserve study, for the items listed
835 in paragraph (k). The association may adjust replacement reserve
836 assessments annually to take into account any changes in
837 estimates or extension of the useful life of a reserve item
838 caused by deferred maintenance. The members of a unit -owner-
839 controlled association may determine, at a duly called meeting
840 of the association, for a fiscal year to provide no reserves or
841 reserves less adequate than required by this subsection. Before
842 turnover of control of an association by a developer to unit
843 owners other than a developer under s. 719.301, the developer -
844 controlled association may not vote to waive the reserves or
845 reduce funding of the reserves. Effective December 31, 2024, a
846 unit-owner-controlled association may not determine to provide
847 no reserves or reserves less adequate than required by this
848 paragraph for items listed in paragraph (k). If a meeting of the
849 unit owners has been called to determine to provide no reserves,
850 or reserves less adequate than required, and such result is not

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851 attained or a quorum is not attained, the reserves as included
852 in the budget shall go into effect.
853 3. Reserve funds and any interest accruing thereon shall
854 remain in the reserve account or accounts, and shall be used
855 only for authorized reserve expenditures unless their use for
856 other purposes is approved in advance by a vote of the majority
857 of the voting interests, voting in person or by limited proxy at
858 a duly called meeting of the association. Before turnover of
859 control of an association by a developer to unit owners other
860 than the developer under s. 719.301, the developer may not vote
861 to use reserves for purposes other than that for which they were
862 intended. Effective December 31, 2024, members of a unit-owner-
863 controlled association may not vote to use reserve funds, or any
864 interest accruing thereon, that are reserved for items listed in
865 paragraph (k) for purposes other than their intended purpose.
866 (k) Structural integrity reserve study.—
867 1. An association must have a structural integrity reserve
868 study completed at least every 10 years for each building on the
869 cooperative property that is three stories or higher in height
870 that includes, at a minimum, a study of the followi ng items as
871 related to the structural integrity and safety of the building:
872 a. Roof.
873 b. Load-bearing walls or other primary structural members.
874 c. Floor.
875 d. Foundation.

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876 e. Fireproofing and fire protection systems.
877 f. Plumbing.
878 g. Electrical systems.
879 h. Waterproofing and exterior painting.
880 i. Windows and exterior doors.
881 j. Any other item that has a deferred maintenance expense
882 or replacement cost that exceeds $10,000 and the failure to
883 replace or maintain such item negatively affects the items
884 listed in sub-subparagraphs a.-i., as determined by the licensed
885 engineer, general contractor, building code administrator,
886 building code inspector, or architect performing the visual
887 inspection portion of the structural integrity reserve study.
888 2. Before a developer turns over control of an association
889 to unit owners other than the developer, the developer must have
890 a structural integrity reserve study completed for each building
891 on the cooperative property that is three stories or higher in
892 height.
893 3. Associations that existing on or before July 1, 2022,
894 which are controlled by unit owners other than the developer,
895 must have a structural integrity reserve study completed by
896 December 31, 2024, for each building on the cooperative property
897 that is three stories or higher in height. An association that
898 is required to complete a milestone inspection on or before
899 December 31, 2026, in accordance with s. 553.899, may complete
900 the structural integrity reserve study simultaneously with the

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901 milestone inspection. In no event may the structural integrity
902 reserve study be completed after December 31, 2026.
903 4. If an association fails to complete a structural
904 integrity reserve study pursuant to this paragraph, such failure
905 is a breach of an officer's and director's fiduciary
906 relationship to the unit owners under s. 719.104(8).
907 5. If the milestone inspection required by s. 553.899, or
908 an inspection completed for a similar local requirement, was
909 performed within the past 5 years and meets the requirements of
910 this paragraph, such inspection may be used in place of the
911 visual inspection portion of the structural integrity reserve
912 study.
913 (l) Mandatory milestone inspections.—If an association is
914 required to have a milestone inspection performed pursuant to s.
915 553.899, the association must arrange for the milestone
916 inspection to be performed and is responsible for ensuring
917 compliance with the requirements of s. 553.899. The association
918 is responsible for all costs associated with the inspection. If
919 the officers or directors of an association willfully and
920 knowingly fail to have a milestone inspection performed pursuant
921 to s. 553.899, such failure is a breach of the officers' and
922 directors' fiduciary relationship to the unit owners under s.
923 719.104(8)(a). Within 60 days after Upon completion of a phase
924 one or phase two milestone inspection and receipt of the
925 inspector-prepared summary of the milestone inspection report

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926 from any phase one or phase two milestone inspection the
927 architect or engineer who performed the inspection, the
928 association must distribute a copy of the inspector -prepared
929 summary of the inspection report to each unit owner, regardless
930 of the findings or recommendations in the report, by United
931 States mail or personal delivery and by electronic transmission
932 to unit owners who previously consented to receive notice by
933 electronic transmission; must post a copy of the inspector -
934 prepared summary in a conspicuous place on the cooperative
935 property; and must publish the full report and inspector -
936 prepared summary on the association's website, if the
937 association is required to have a website. If the visual
938 inspection portion of the structural integrity reserve study
939 required under paragraph (k) was performed within the past 5
940 years and meets the requirements for a milestone inspection in
941 s. 553.899, such inspection may be used in place of the phase
942 one milestone inspection.
943 Section 11. Section 719.132, Florida Statutes, is created
944 to read:
945 719.132 Injunctive relief.—
946 (1) A unit owner may institute an action in a court of
947 competent jurisdiction in which the cooperative is located to
948 seek injunctive relief against the association to:
949 (a) Enforce compliance with milestone inspection
950 requirements under s. 553.899 and structural integrity reserve

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951 requirements under s. 719.106(1)(k).
952 (b) Prevent irreparable injury to unit owners and the
953 association and to protect human health, safety, and welfare
954 caused or threatened by any violation of the milestone
955 inspection requirements under s. 553.899 and structural
956 integrity reserve requirements under s. 719.106(1)(k).
957 (2) The division may, in the name of the state, seek
958 injunctive relief in any court of competent jurisdiction in
959 which the cooperative is located to obtain relief against the
960 association to enforce compliance with milestone inspection
961 requirements under s. 553.899. A proceeding commenced under this
962 subsection is in addition to, and not in lieu of, any other
963 penalty or remedy under this chapter.
964 (3) Any local authority having jurisdiction to enforce
965 milestone inspection requirements may seek injunctive relief
966 from any court of competent jurisdiction in which the
967 cooperative is located against the association to enforce
968 compliance with milestone inspection requirements under s.
969 553.899, upon an affidavit of the local authority having
970 jurisdiction specifying the manner in which the cooperative does
971 not conform to the requirements of s. 553.899.
972 Section 12. Paragraph (p) of subsection (4) of section
973 719.301, Florida Statutes, is amended to read:
974 719.301 Transfer of association control.—
975 (4) When unit owners other than the developer elect a

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976 majority of the members of the board of administration of an
977 association, the developer shall relinquish control of the
978 association, and the unit owners shall accept control.
979 Simultaneously, or for the purpose of paragraph (c) not more
980 than 90 days thereafter, the developer shall deliver to the
981 association, at the developer's expense, all property of the
982 unit owners and of the association held or controlled by the
983 developer, including, but not limited to, the following items,
984 if applicable, as to each cooperative operated by the
985 association:
986 (p) Notwithstanding when the certificate of occupancy was
987 issued or the height of the building, a milestone inspection
988 report in compliance with s. 553.899 included in the official
989 records, under seal of an architect or engineer or under
990 attestation of a general contractor, building code
991 administrator, or building code inspector authorized to practice
992 in this state indicating that such report complies with the
993 statutory requirements for the inspection, attesting to required
994 maintenance, condition, useful life, and replacement costs of
995 the following applicable cooperative property comprising a
996 turnover inspection report:
997 1. Roof.
998 2. Structure, including load-bearing walls and primary
999 structural members and primary structural systems as those terms
1000 are defined in s. 627.706.

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1001 3. Fireproofing and fire protection systems.
1002 4. Elevators.
1003 5. Heating and cooling systems.
1004 6. Plumbing.
1005 7. Electrical systems.
1006 8. Swimming pool or spa and equipment.
1007 9. Seawalls.
1008 10. Pavement and parking areas.
1009 11. Drainage systems.
1010 12. Painting.
1011 13. Irrigation systems.
1012 14. Waterproofing.
1013 Section 13. Paragraph (b) of subsection (1) and paragraph
1014 (a) of subsection (2) of section 719.503, Florida Statutes, are
1015 amended, and paragraph (d) is added to subsection (1) and
1016 paragraph (d) is added to subsection (2) of that section, to
1017 read:
1018 719.503 Disclosure prior to sale.—
1019 (1) DEVELOPER DISCLOSURE.—
1020 (b) Copies of documents to be furnished to prospective
1021 buyer or lessee.—Until such time as the developer has furnished
1022 the documents listed below to a person who has entered into a
1023 contract to purchase a unit or lease it for more than 5 year s,
1024 the contract may be voided by that person, entitling the person
1025 to a refund of any deposit together with interest thereon as

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1026 provided in s. 719.202. The contract may be terminated by
1027 written notice from the proposed buyer or lessee delivered to
1028 the developer within 15 days after the buyer or lessee receives
1029 all of the documents required by this section. The developer may
1030 not close for 15 days after the execution of the agreement and
1031 delivery of the documents to the buyer as evidenced by a receipt
1032 for documents signed by the buyer unless the buyer is informed
1033 in the 15-day voidability period and agrees to close before the
1034 expiration of the 15 days. The developer shall retain in his or
1035 her records a separate signed agreement as proof of the buyer's
1036 agreement to close before the expiration of the voidability
1037 period. The developer must retain such proof for a period of 5
1038 years after the date of the closing transaction. The documents
1039 to be delivered to the prospective buyer are the prospectus or
1040 disclosure statement with all exhibits, if the development is
1041 subject to s. 719.504, or, if not, then copies of the following
1042 which are applicable:
1043 1. The question and answer sheet described in s. 719.504,
1044 and cooperative documents, or the proposed cooperative document s
1045 if the documents have not been recorded, which shall include the
1046 certificate of a surveyor approximately representing the
1047 locations required by s. 719.104.
1048 2. The documents creating the association.
1049 3. The bylaws.
1050 4. The ground lease or other underlying lease of the

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1051 cooperative.
1052 5. The management contract, maintenance contract, and
1053 other contracts for management of the association and operation
1054 of the cooperative and facilities used by the unit owners having
1055 a service term in excess of 1 year, and any management contracts
1056 that are renewable.
1057 6. The estimated operating budget for the cooperative and
1058 a schedule of expenses for each type of unit, including fees
1059 assessed to a shareholder who has exclusive use of limited
1060 common areas, where such costs are shared only by those entitled
1061 to use such limited common areas.
1062 7. The lease of recreational and other facilities that
1063 will be used only by unit owners of the subject cooperative.
1064 8. The lease of recreational and other common areas that
1065 will be used by unit owners in common with unit owners of other
1066 cooperatives.
1067 9. The form of unit lease if the offer is of a leasehold.
1068 10. Any declaration of servitude of properties serving the
1069 cooperative but not owned by unit owners or leased to them or
1070 the association.
1071 11. If the development is to be built in phases or if the
1072 association is to manage more than one cooperative, a
1073 description of the plan of phase development or the arrangements
1074 for the association to manage two or more cooperatives.
1075 12. If the cooperative is a conversion of existing

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1076 improvements, the statements and disclosure required by s.
1077 719.616.
1078 13. The form of agreement for sale or lease of units.
1079 14. A copy of the floor plan of the unit and the plot plan
1080 showing the location of the residential buildings and the
1081 recreation and other common areas.
1082 15. A copy of all covenants and restrictions that will
1083 affect the use of the property and are not contained in the
1084 foregoing.
1085 16. If the developer is required by state or local
1086 authorities to obtain acceptance or approval of any dock or
1087 marina facilities intended to serve the cooperative, a copy of
1088 any such acceptance or approval acquired by the time of filing
1089 with the division pursuant to s. 719.502(1) or a statement that
1090 such acceptance or approval has not been acquired or received.
1091 17. Evidence demonstrating that the developer has an
1092 ownership, leasehold, or contractual interest in the land upon
1093 which the cooperative is to be developed.
1094 18. A copy of the inspector-prepared summary of the
1095 milestone inspection report as described in ss. 553.899 and
1096 719.106(1)(l) ss. 553.899 and 719.301(4)(p), if applicable.
1097 19. A copy of the association's most recent structural
1098 integrity reserve study or a statement that the association has
1099 not completed a structural integrity reserve study.
1100 (d) Milestone inspection or structural integrity reserve

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1101 study.—
1102 1. If the association is required to have a milestone
1103 inspection as described in ss. 553.899 and 719.106(1)(l) or a
1104 structural integrity reserve study as described in s.
1105 719.106(1)(k), and the association has not completed the
1106 milestone inspection or structural integrity reserve study, each
1107 contract entered into on or after January 1, 2025, for the sale
1108 of a residential unit must contain in conspicuous type a
1109 statement indicating that the association is required to have a
1110 milestone inspection or a structural integrity reserve study and
1111 the association has failed to complete such inspection or study,
1112 as applicable.
1113 2. If the association is required to have a milestone
1114 inspection as described in ss. 553.899 and 719.106(1)(l) or a
1115 structural integrity reserve study as described in s.
1116 719.106(1)(k), and the association has completed such inspection
1117 or study, each contract entered into on or after January 1,
1118 2025, for the sale of a residential unit must contain a copy of
1119 the most recent milestone inspection report or structural
1120 integrity reserve study, as applicable.
1121 3. If the association is not required to have a milestone
1122 inspection as described in ss. 553.899 and 719.106(1)(l) or a
1123 structural integrity reserve study as described in s.
1124 719.106(1)(k), each contract entered into on or after January 1,
1125 2025, for the sale of a residential unit must contain in

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1126 conspicuous type a statement indicating that the association is
1127 not required to have a milestone inspection or a structural
1128 integrity reserve study, as applicable.
1129 (2) NONDEVELOPER DISCLOSURE.—
1130 (a) Each unit owner who is not a developer as defined by
1131 this chapter must comply with this subsection before the sale of
1132 his or her interest in the association. Each prospective
1133 purchaser who has entered into a contract for the purchase of an
1134 interest in a cooperative is entitled, at the seller's expense,
1135 to a current copy of all of the following:
1136 1. The articles of incorporation of the association.
1137 2. The bylaws and rules of the association.
1138 3. A copy of the question and answer sheet as provided in
1139 s. 719.504.
1140 4. A copy of the inspector-prepared summary of the
1141 milestone inspection report as described in ss. 553.899 and
1142 719.106(1)(l) ss. 553.899 and 719.301(4)(p), if applicable.
1143 5. A copy of the association's most recent structural
1144 integrity reserve study or a statement that the association has
1145 not completed a structural integrity reserve study.
1146 (d)1. If the association is required to have a milestone
1147 inspection as described in ss. 553.899 and 719.106(1)(l) or a
1148 structural integrity reserve study as described in s.
1149 719.106(1)(k), and the association has not completed the
1150 milestone inspection or structural integrity reserve study, each

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1151 contract entered into on or after January 1, 2025, for the sale
1152 of a residential unit must contain in conspicuous type a
1153 statement indicating that the association is required to have a
1154 milestone inspection or a structural integrity reserve study and
1155 the association has failed to complete such inspection or study,
1156 as applicable.
1157 2. If the association is required to have a milestone
1158 inspection as described in ss. 553.899 and 719.106(1)(l) or a
1159 structural integrity reserve study as described in s.
1160 719.106(1)(k), and the association has completed such inspection
1161 or study, each contract entered into on or after January 1,
1162 2025, for the sale of a residential unit must contain a copy of
1163 the most recent milestone inspection report or structural
1164 integrity reserve study, as applicable.
1165 3. If the association is not required to have a milestone
1166 inspection as described in ss. 553.899 and 719.106(1)(l) or a
1167 structural integrity reserve study as described in s.
1168 719.106(1)(k), each contract entered into on or after January 1,
1169 2025, for the sale of a residential unit must contain in
1170 conspicuous type a statement indicating that the association is
1171 not required to have a milestone inspection or a structural
1172 integrity reserve study, as applicable.
1173 Section 14. Except as otherwise expressly provided in this
1174 act, this act shall take effect July 1, 2023.

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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 1395 by Rep. Lopez, V.
Management and Safety of Condominium and Cooperative Buildings

AMENDMENT SUMMARY
March 22, 2023

Amendment 1 by Rep. Lopez, V. (Line 286):
• Makes the use of the Building Commission’s uniform milestone inspection report form to
be mandatory rather than optional.
• Changes the due date for the Building Commission’s form to October 1, 2023, from July
1, 2023.

Amendment 2 by Rep. Lopez, V. (Line 292):
• Clarifies when condominium association unit owners with Citizen’s Insurance have to
have flood insurance.

Amendment 3 by Rep. Lopez, V. (Line 377):
• Clarifies that only associations required to complete a structural integrity reserve study
are required to maintain reserves for items required to be in such study.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1395 (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 Lopez, V. offered the following:
4
5 Amendment
6 Remove lines 286-292 and insert:
7 (13) By October 1, 2023, the Florida Building Commission
8 shall create a standardized milestone inspection report form for
9 the submission of such reports to local enforcement agencies by
10 general contractors, building code administrators, building code
11 inspectors, engineers, and architects. Local enforcement
12 agencies must require that this form be used to submit such
13 reports.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1395 (2023)
Amendment No. 2

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 Lopez, V. offered the following:
4
5 Amendment (with title amendment)
6 Between lines 292 and 293, insert:
7 Section 1. Paragraph (aa) of subsection (6) of section
8 627.351, Florida Statutes, is amended to read:
9 627.351 Insurance risk apportionment plans.—
10 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
11 (aa) Except as otherwise provided in this paragraph, the
12 corporation shall require the securing and maintaining of flood
13 insurance as a condition of coverage of a personal lines
14 residential risk. The insured or applicant must execute a form
15 approved by the office affirming that flood insurance is not
16 provided by the corporation and that if flood insurance is not
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1395 (2023)
Amendment No. 2

17 secured by the applicant or insured from an insurer other than
18 the corporation and in addition to coverage by the corporation,
19 the risk will not be eligible for coverage by the corporation.
20 The corporation may deny coverage of a personal lines
21 residential risk to an applicant or insured who refuses to
22 secure and maintain flood insurance. The requirement to purchase
23 flood insurance shall be implemented as follows:
24 1. Except as provided in subparagraphs 2. and 3., all
25 personal lines residential policyholders must have flood
26 coverage in place for policies effective on or after:
27 a. January 1, 2024, for property valued at $600,000 or
28 more.
29 b. January 1, 2025, for property valued at $500,000 or
30 more.
31 c. January 1, 2026, for property valued at $400,000 or
32 more.
33 d. January 1, 2027, for all other personal lines
34 residential property insured by the corporation.
35 2. All personal lines residential policyholders whose
36 property insured by the corporation is located within the
37 special flood hazard area defined by the Federal Emergency
38 Management Agency must have flood coverage in place:
39 a. At the time of initial policy issuance for all new
40 personal lines residential policies issued by the corporation on
41 or after April 1, 2023.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1395 (2023)
Amendment No. 2

42 b. By the time of the policy renewal for all personal
43 lines residential policies renewing on or after July 1, 2023.
44 3. Policyholders whose policies issued by the corporation
45 do not provide coverage for the peril of wind are not required
46 to purchase flood insurance as a condition for maintaining their
47 policies issued by with the corporation, if the policyholder’s
48 policy issued by the corporation:
49 a. Does not provide coverage for the peril of wind.
50 b. Provides coverage under a condominium unit owners or
51 condominium tenant form and the policyholder’s unit is covered
52 under a master flood policy issued to someone other than the
53 policyholder.
54 c. Provides coverage under a condominium unit owners or
55 condominium tenant form and the policyholder resides in a
56 condominium unit with occupiable space that is not less than 40
57 feet above the grade plane, as defined in the Florida Building
58 Code. A unit located on the fifth floor above the grade plane or
59 higher is deemed to be not less than 40 feet above the grade
60 plane, as defined in the Florida Building Code. A unit owner or
61 a condominium association may submit a certification from an
62 engineer licensed under chapter 471, a surveyor and mapper
63 licensed under chapter 472, or an architect licensed under
64 chapter 481 that details which units in the condominium
65 association are not less than 40 feet above the grade plane, as

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1395 (2023)
Amendment No. 2

66 defined in the Florida Building Code, and the corporation may
67 rely on such certification.
68
69 The flood insurance required under this paragraph must meet, at
70 a minimum, the coverage available from the National Flood
71 Insurance Program or the requirements of subparagraphs s.
72 627.715(1)(a)1., 2., and 3.
73
74
75 -----------------------------------------------------
76 T I T L E A M E N D M E N T
77 Remove line 35 and insert:
78 provisions to changes made by the act; amending s. 627.351;
79 revising requirements relating to the purchase of flood
80 insurance as a condition for maintaining certain policies issued
81 by the Citizens Property Insurance Corporation; amending ss.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1395 (2023)
Amendment No. 3

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 Lopez, V. offered the following:
4
5 Amendment
6 Remove line 377 and insert:
7 association that is required to complete a structural integrity
8 reserve study may not determine to provide no reserves or less
9 Remove line 399 and insert:
10 members of a unit-owner-controlled association that is required
11 to complete a structural integrity reserve study may not vote to
12 Remove line 846 and insert:
13 unit-owner-controlled association that is required to complete a
14 structural integrity reserve study may not determine to provide
15 Remove line 863 and insert:

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1395 (2023)
Amendment No. 3

16 controlled association that is required to complete a structural
17 integrity reserve study may not vote to use reserve funds, or
18 any

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HB 1459
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1459 Registration Fees for Malt Beverage Brands and Labels
SPONSOR(S): Yeager
TIED BILLS: IDEN./SIM. BILLS: SB 658

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee

2) State Administration & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
In Florida, alcoholic beverages are regulated by the Beverage Law, which regulates the manufacture,
distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and vendors. The Division of
Alcoholic Beverages and Tobacco (ABT) in the Department of Business and Professional Regulation (DBPR)
administers and enforces the Beverage Law, which requires licenses for businesses in the industry and
payment of various associated fees and taxes.

Before doing business in Florida, manufacturers, brewers, bottlers, distributors, and importers of malt
beverages must register with the ABT the brands or labels under which the malt beverages are to be sold or
moved. Current law requires the ABT to charge a $30 fee per brand or label.

The bill:
 Provides that the annual registration fee of $30 for each malt beverage brand and label only applies to
a brand or label that is sold to a distributor, not to a brand or label that is kept in-house.
 Specifies that no other annual registration fee for a brand or label is authorized under the provision.

The bill may 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: h1459.RRS
DATE: 3/20/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Beverage Law

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

Three-Tier System

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

Generally, Florida has adopted the three-tier system. Exceptions to the three-tier regulatory system
permit in-state wineries,4 breweries,5 and craft distilleries to be licensed as a vendor and sell directly to
consumers under certain circumstances.6

Brand and Label Registration Fee

No manufacturer, brewer, bottler, distributor, or importer of malt beverages may sell or offer for sale in
Florida, or move or cause to be moved within or into Florida, any malt beverages, without: 7
 Qualifying to do business in the state and registering its name and the brands or labels under
which the malt beverages are to be sold or moved; and
 Furnishing any samples and information as to content, quality, and formula of such malt
beverages as the ABT may require.

Each registrant must pay an annual registration fee of $30 for a brand or label. 8

Effect of Proposed Changes

The bill provides that the annual registration fee of $30 for each malt beverage brand and label only
applies to a brand or label that is sold to a distributor, not to a brand or label that is kept in-house.

The bill also specifies that no other annual registration fee for a brand or label is authorized under the
provision.

B. SECTION DIRECTORY:
Section 1: Amends s. 563.045, F.S., revising requirements for brand and label fees.

1
S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2
See s. 561.14, F.S.
3
S. 561.02, F.S.
4
See s. 561.221(1), F.S.
5
See s. 561.221(2), F.S.
6
See s. 565.03, F.S.
7
S. 563.045(1), F.S.
8
S. 563.045(2), F.S.
STORAGE NAME: h1459.RRS PAGE: 2
DATE: 3/20/2023
Section 2: Provides an effective date of July 1, 2023.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may cause an indeterminate decrease in brand and label fees collected by the ABT.

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 impact on craft brewers and brewpubs, who may pay less in brand and
label fees to the ABT.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 3/20/2023
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 1459 2023

1 A bill to be entitled
2 An act relating to registration fees for malt beverage
3 brands and labels; amending s. 563.045, F.S.;
4 providing that the annual registration fee is required
5 only if labels or brands are sold to a distributor;
6 specifying that no other registration fee is
7 authorized; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (2) of section 563.045, Florida
12 Statutes, is amended to read:
13 563.045 Brands or labels to be registered; qualification
14 to do business; fee; revocation.—
15 (2) The each registrant shall pay an annual registration
16 fee for a brand or label sold to a distributor is of $30 for a
17 brand or label. No other annual registration fee for a brand or
18 label is authorized under this section. Any registration may be
19 suspended or revoked in the same manner as a beverage license
20 for any violation of the Beverage Law.
21 Section 2. This act shall take effect July 1, 2023.

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HB 1467
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS

BILL #: HB 1467 City of Kissimmee, Osceola County
SPONSOR(S): Arrington
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Local Administration, Federal Affairs & Special 16 Y, 0 N Burgess Darden
Districts Subcommittee

2) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

3) State Affairs Committee

SUMMARY ANALYSIS
Florida’s Beverage Law limits the number of “quota licenses” that the Department of Business and Professional
Regulation (DBPR) may issue per county. A quota license allows a business to serve any alcoholic beverage
regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law on the number of
licenses it may issue for businesses that serve only malt beverages and wine.

The bill creates an overlay district in the City of Kissimmee known as the Vine Street Community
Redevelopment District. The bill creates an exception to the quota limitation and authorizes DBPR to issue a
special alcoholic beverage license to a bona fide restaurant in the Vine Street Community Redevelopment
District that meets the following requirements: occupies at least 1,800 square feet of contiguous space, is
equipped to serve meals to at least 80 persons at one time, and derives at least 51 percent of its gross food
and beverage revenue from the sale of food and nonalcoholic beverages.

The bill provides that failure of a licensee to meet the required percentage of food and nonalcoholic beverage
gross revenue during the covered operating period will result in the revocation of the license or denial of the
pending application for a permanent license of a licensee operating with a temporary license. A licensee whose
license is revoked, an applicant whose pending application for a permanent license is denied, or any person
required to qualify for the license application is ineligible to have any interest in a subsequent license
application for a period of 120 days after the date of the final denial of revocation.

According to the Economic Impact Statement, the bill is revenue positive due to the increase in sales tax
revenue and licensing revenue if such special licenses are granted under the exception.

According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1467b.RRS
DATE: 3/20/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. 1
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law.

Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses selling
malt beverages or wine. However, statute limits the number of licenses that may be issued under s.
565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three licenses
per county that has approved the sale of intoxicating liquors. 2 This license, often referred to as a “quota
license,” allows a business to sell any alcoholic beverage regardless of alcoholic content, including
liquor or distilled spirits.3

There are several exceptions to the quota license limitation, 4 and businesses that meet the
requirements set out in one of the exceptions may be issued a special license by DBPR allowing the
business to serve any alcoholic beverages regardless of alcohol content. A food service establishment
may qualify for an exemption if the building has at least 2,500 square feet of service area, is equipped
to serve meals to 150 persons at one time, and derives at least 51 percent of its gross food and
beverage revenue from the sale of food and nonalcoholic beverages during the first 120-day operating
period and the first 12-month operating period thereafter.5

Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
premises.6 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
or other outdoor area for special events.7 The business must pay an application fee of $100, stipulate
the timeframe for the special event, submit a sketch outlining the expanded premises, and submit
written approval from the county or municipality.

Effect of Proposed Changes

The bill creates an overlay district in the City of Kissimmee known as the Vine Street Community
Redevelopment District and provides a legal description of the area.

The bill permits DBPR to issue a special alcoholic beverage license to a bona fide restaurant in the
Vine Street Community Redevelopment District that meets the following requirements: occupies at least
1,800 square feet of contiguous space, is equipped to serve meals to at least 80 persons at one time,
and derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages.

The bill provides that failure of a licensee who is issued a special license to meet the gross revenue
requirement during the covered operating period will result in the revocation of the license or denial of
the pending application for a permanent license of a licensee operating with a temporary license. A
licensee whose license is revoked, an applicant whose pending application for a permanent license is
denied, or any person required to qualify for the special license application is ineligible to have any

1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 565.02, F.S.
4 S. 561.20(2), F.S.
5 S. 561.20(2)(a)4., F.S. See Rule 61A-3.0141, F.A.C.
6
See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to include a
sidewalk or any other outside area as part of the licensed premise).
7 S. 561.01(11), F.S.

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DATE: 3/20/2023
interest in a subsequent license application for a period of 120 days after the date of the final denial or
revocation.

According to the Economic Impact Statement, the bill is revenue positive due to the increase in sales
tax revenue and licensing revenue if such special licenses are granted under the exception.

B. SECTION DIRECTORY:
Section 1: Creates the Vine Street Community Redevelopment District and provides a property
description of the district.

Section 2: Creates an exception to general law, providing space, seating and minimum gross
revenues requirements for special alcoholic beverage licenses for restaurants in the
Vine Street Community Redevelopment District.

Section 3: Provides an effective date of upon becoming a law.

II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS

A. NOTICE PUBLISHED? Yes [X] No []

IF YES, WHEN? January 26, 2023

WHERE? The Osceola News-Gazette, a twice-weekly newspaper published in Osceola
County.

B. REFERENDUM(S) REQUIRED? Yes [] No [X]

IF YES, WHEN?

C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []

D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []

III. COMMENTS

A. CONSTITUTIONAL ISSUES:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.

STORAGE NAME: h1467b.RRS PAGE: 3
DATE: 3/20/2023
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 1467 2023

1 A bill to be entitled
2 An act relating to the City of Kissimmee, Osceola
3 County; creating an overlay district; providing a
4 short title; providing boundaries; providing an
5 exception to general law; requiring the Division of
6 Alcohol Beverages and Tobacco of the Department of
7 Business and Professional Regulation to issue special
8 alcohol beverage license to certain restaurant
9 establishments meeting specified space, seating, and
10 minimum gross revenues requirements; providing
11 penalties for any licensee that fails to meet such
12 requirements; prohibiting subsequent licensure
13 application for a specified period; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Flor ida:
17
18 Section 1. There is created an overlay district in the
19 City of Kissimmee known as the Vine Street Community
20 Redevelopment District, more particularly described as follows:
21
22 A parcel of land lying within Sections 13 & 24,
23 Township 25 South, Range 28 East, Sections 14 through
24 23, Township 25 South, Range 29 East, Osceola County,
25 Florida; all Plat Book and Pages and Official Record

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26 Book and Pages referenced within this legal are all
27 found in the Public Records of Osceola County,
28 Florida; and being more particularly described as
29 follows:
30 Begin at the Northeast corner of Lot 2, VALENCIA PARK,
31 Plat Book 7, Page 101; thence East, along the Easterly
32 extension of the North line of said Lot 2 to the East
33 Right of Way line of Denn John Lane; thence South
34 along the East Right of Way line of Denn John Lane to
35 the South line of WINDSOR OAKS, Plat Book 8, Page 42;
36 thence departing said East line, run East, along the
37 South line of WINDSOR OAKS and the South Right of Way
38 line of Columbia Avenue, as shown on SPRINGTREE
39 CROSSING, Plat Book 5, Page 25 to the East line of
40 Section 14, Township 25 South, Range 29 East; thence
41 departing said South Right of Way line, run South
42 along said East line to the North Right of Way line of
43 Old Boggy Creek Road; thence departing said East line,
44 run West, along said North Right of Way line, to a
45 point being due North of the West boundary line of the
46 Osceola Memorial Gardens as described in the Warranty
47 Deed recorded in Official Records Book 261, Page 763;
48 thence departing said North Right of Way line, run
49 South, along the West boundary line of said deed and
50 its Southerly extension, to the Southerly Right of Way

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51 line of US Highway 441 and 192; thence Northwesterly,
52 along said Southerly Right of Way line, to a point on
53 the East boundary line of Parcel 1D as described in
54 Warranty Deed recorded in Official Records Book 4401,
55 Page 164, said line, also labeled as Osceola County
56 Property Appraisers Parcel ID as 23-25-29-00U0-0058-
57 0000, thence departing said Southerly Right of Way
58 line, run Southwesterly, along said East boundary
59 line; thence West, along said South, boundary line, to
60 a point on the East line of Osceola County Property
61 Appraisers Parcel ID 23-25-29-00U0-0050-0000; thence
62 South, along said East line, to the South line of the
63 Northeast ¼ of the Northeast ¼ of Section 23, Township
64 25 South, Range 29 East; thence West, along said South
65 line, said line, also being the South line of
66 NORTHSHORE PLAZA REPLAT, Plat Book 23, Page 121, to a
67 point on the West line of said NORTHSHORE PLAZA
68 REPLAT; thence North, along said West line, to a point
69 on the South line of Lot 5, Block I, KISSIMMEE
70 GARDENS, Plat Book 1, Page 32; thence departing said
71 West line, run West, along said South line, to a point
72 on the West line of said Block I; thence North, al ong
73 said West line, to a point on the South Right of Way
74 line of U.S. Highway No. 441 and 192, thence West,
75 along said South Right of Way line, to a point on the

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76 East boundary line of a Warranty Deed recorded in
77 Official Records Book 4317, Page 1737 said point also
78 being the West line of Mill Slough Canal; thence
79 departing said South Right of Way line, run
80 Southwesterly, along the West line of Mill Slough
81 along the following Official Records Book 4317, Page
82 1737; Book 1719, Page 922 and Book 1239, Page 2698 , to
83 a point on the East line of MILL CREEK MALL, Plat Book
84 11, Pages 104-105; thence Southwesterly, along the
85 boundary of said MILL CREEK MALL, to the intersection
86 of the West line of Mill Slough and MILL CREEK MALL,
87 said point also being the Easterly boundary line of a
88 Quit Claim Deed recorded in Official Records Book 943,
89 Page 1452; thence departing said MILL CREEK MALL
90 boundary line, run Southwesterly, along said East
91 boundary line of said deed, to the Government Meander
92 line of Lake Tohopekaliga; thence Northwesterly along
93 said Government Meander line to the West line of
94 Section 23, Township 25 South, Range 29 East; thence
95 North along said West line to the Easterly Right of
96 Way line Oak Street; thence Southwesterly along said
97 Easterly Right of Way line to a point on the East
98 boundary line of a Special Warranty Deed recorded in
99 Official Records Book 3722, Page 995; thence South
100 along said East boundary line to the Government

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101 Meander line; thence Southwesterly along said
102 Government Meander line to the East boundary line of
103 said Special Warranty Deed recorded in Official
104 Records Book 1165, Page 2403; thence North along said
105 East boundary line to the South Right of Way line of
106 Oak Street; thence North to the Southeast corner of
107 Tract C, HERITAGE SQUARE, Plat Book 5, Page 58; thence
108 West along the North Right of Way line of Oak Street
109 to the East Right of Way line of the Central Florida
110 Commuter Rail Transit - SunRail; thence departing said
111 North Right of Way line, run Northerly along said East
112 Right of Way line to the intersection of the North
113 Right of Way line of Vine Street/U.S. Highway No. 441
114 and 192 with the East Right of Way line said Central
115 Florida Commuter Rail Transit - SunRail; thence
116 departing said East Right of Way line, run Westerly
117 along said North Right of Way line to the West Right
118 of Way line of Central Avenue; thence departing said
119 North Right of Way line, run South, along said West
120 Right of Way line to the North Right of Way line of
121 Oak Street; thence departing said West Right of Way
122 line, run West, along said North Right of Way line to
123 the East Right of Way line of Mann Street; thence
124 departing said North Right of Way line, run
125 Southwesterly to the Northeast corner of Lot 1, Block

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126 A, PALM PARK, Plat Book 1, Page 127, said point also
127 being on the South Right of Way line of Oak Street;
128 thence West, along said South Right of Way line to the
129 West Right of Way line of Dyer Boulevard; thence
130 North, along said West Right of Way line to the South
131 line of Lots 13 & 14, KISSIMMEE EXECUTIVE PARK, Plat
132 Book 2, Page 206; thence departing the West Right of
133 Way line, run West, along said South line to the East
134 Right of Way line of Collins Drive; thence departing
135 said South line, run South, along said East Right of
136 Way line to the North line of T & H HOLDINGS, Plat
137 Book 20, Page 117; thence departing said East Right of
138 Way line, run West, along said North line to the East
139 line of Lot 2, GASPERONI CENTER PHASE 2, Plat Book 13,
140 Page 49; thence South, along said East line to the
141 Southeast corner of said Lot 2; thence departing said
142 East line, run West, along said South line to the West
143 Right of Way line of Armstrong Boulevard; thence
144 departing said South line, run North, along said West
145 Right of Way line to a point on the South line of
146 lands described in Warranty Deed recorded in Official
147 Records Book 5911, Page 426; thence departing said
148 West Right of Way line, run West, along the South line
149 of said Warranty Deed recorded in Official Records
150 Book 5911, Page 426 to the West boundary line of said

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151 lands; thence departing said boundary line, run the
152 following six (6) courses and distances according to
153 the Special Warranty Deed recorded in Official Records
154 Book 2617, Page 962; thence West, along the North line
155 of a parcel of land described in Official Records Book
156 258, Page 132, a distance of 144.65 feet; thence
157 South, along the North line of a parcel described in
158 Official Records Book 258, Page 132, a distance of
159 91.00 feet; thence S58°27'55"W, along the North line
160 of a parcel described in Official Records Book 258,
161 Page 132, a distance of 258.12 feet; thence West,
162 along the North line of a parcel described in Official
163 Records Book 258, Page 132, a distance of 115.00 feet;
164 thence S59°02'10"W, along the North line of a parcel
165 described in Official Records Book 258, Page 132, a
166 distance of 174.93 feet; thence West, along the North
167 line of a parcel described in Official Records Book
168 258, Page 132, a distance of 40.57 feet to the East
169 Right of Way line of Hoagland Boulevard; thence
170 continue West along the Westerly extension of said
171 South line to the West Right of Way line of said
172 Hoagland Boulevard; thence Northerly, along said West
173 Right of Way line to the North Right of Way line
174 McClellan Street; thence departing said West Right of
175 Way line, run West, along the North Right of Way line

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176 of said McClellan Street to the East line of the lands
177 described in Warranty deed recorded in Official
178 Records Book 2987, Page 57; thence departing said
179 North Right of Way line, run North, along said East
180 line to the North line of the North line of the South
181 ½ of the Northwest ¼ of the Northeast ¼ of said
182 Section 19 as described in said Official Records Book
183 2987, Page 57; thence departing said East line, run
184 West, along said North line to the West line of lands
185 described in Official Records Book 822, Page 2934;
186 thence departing said North line, run South, along
187 said West line to the North line of McClellan Street;
188 thence departing said West line, run West, along the
189 Westerly extension of the North line of McClellan
190 Street to the East line of the Northwest ¼ of
191 aforesaid Section 19; thence departing the North line
192 of said Westerly extension of the North Right of Way
193 line of McClellan Street, run North, along said East
194 line to the South Right of Way line U.S. Highway No.
195 441 and 192; thence departing said East line, run
196 West, along said South Right of Way line to the West
197 line of the Northeast ¼ of the Northwest ¼ of said
198 Section 19; thence departing said South Right of Way
199 line, run South, along said West line to the North
200 line of PARADISE COVE, Plat Book 16, Page 97; thence

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201 departing said East line, run West, along said North
202 line to the West Right of Way line of Bass Road;
203 thence departing said North line, run North, along
204 said West Right of Way line to the South line of
205 KISSIMMEE CHICK-FIL-A REPLAT, Plat Book 22, Page 46;
206 thence departing said East Right of Way line, run
207 West, along the South line of said Easterly extension
208 and South line of the said KISSIMMEE CHICK-FIL-A
209 REPLAT and the South line of KISSIMMEE WAL-MART #817,
210 Plat Book 9, Page 3 to the Southwest Corner of said
211 KISSIMMEE WAL-MART #817; thence departing said South
212 line, run North, along the West line of said KISSIMMEE
213 WAL-MART #817 to a point on the South Right of Way
214 line of Oren Brown Road; thence departing said West
215 line, run West, along said South Right of Way line to
216 the East Right of Way line of South Roma Way; thence
217 departing said East Right of Way line, run
218 Northwesterly to the West line of MEDIEVAL TIMES, Plat
219 Book 18, Page 22, said point also being the West line
220 of the Southwest ¼ of the Southeast ¼ of Section 13,
221 Township 25 South, Range 28 East, said point also
222 being on the North Right of Way line of Oren Brown
223 Road; thence departing said North Right of Way line,
224 run North, along said West line, to a point on the
225 South line of the North 934.00 feet of the Northwest ¼

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226 of the Southeast ¼ of said Section 13 as referenced in
227 Official Records Book 6100, Page 1632; thence East,
228 along said South line, to a point on the Westerly
229 Right of Way line of U.S. Highway 192-State Road 530;
230 thence Southerly and Easterly, along said Westerly and
231 Southerly Right of Way line to a point being the
232 Southerly extension of the West boundary line as
233 described in Warranty Deed recorded in Official
234 Records Book 1664, Page 842; thence North, along said
235 West boundary line, to the North line of said
236 described lands; thence East, along said North
237 boundary line, to the East line of said described
238 lands; thence South, along said East boundary line, to
239 the South Right of Way line of U.S. Highway 192-State
240 Road 530, said point being a Southerly extension of
241 the East boundary line of said deed; thence departing
242 said East line, run East, along said South Right of
243 Way line to the East line of said Section 13; thence
244 departing said South Right of Way line, run North,
245 along said East line, to a point on the North Right of
246 Way line of U.S Highway 192-State Road 530, said point
247 also being a Westerly extension of the South line of
248 CALOIARO COMMERCE CENTER, Plat Book 22, Page 35;
249 thence departing said East line, run East, along said
250 North Right of Way line and said South line, to a

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251 point on the West line of KISSIMMEE OAKS A REPLAT,
252 Plat Book 9, Page 86; thence departing said North
253 Right of Way line, run thence Northwesterly, along
254 said West line, to a point on the Southerly line of
255 CITRUS ESTATES, Plat Book 4, Page 68; thence
256 Southwesterly, along said Southerly line, to a point
257 on the East Right of Way line of Old State Road
258 530/Old Vineland Road; thence Northwesterly, along
259 said East Right of Way line, to the Northerly line of
260 said CITRUS ESTATES; thence departing said East Right
261 of Way, run Easterly, along the North line of CITRUS
262 ESTATES, to the East line of Section 13, Township 25
263 South, Range 28 East; thence North, along said East
264 line, to a point on the North boundary line of a
265 Warranty Deed recorded in Official Records Book 5983,
266 Page 2414; thence the following two (2) courses and
267 distances, as described in said Warranty Deed; thence
268 East, a distance of 218.17 feet; thence S32°34'East, a
269 distance of 401.80 feet to the Northeast corner of Lot
270 1, KISSIMMEE OAKS A REPLAT, Plat Book 9, Page 86;
271 thence Southeasterly, along the East line of said Lot
272 1 to a point on the North boundary line of a Special
273 Warranty Deed recorded in Official Records Book 6183,
274 Page 1536; thence N85°25'12"East, along the South line
275 of Yates lands, 789.39 feet to the Westerly line of

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276 Yates Road (as described in Official Records Book
277 6183, Page 1536); thence departing said Westerly Right
278 of Way line, continue Easterly to the East Right of
279 Way line of Yates Road; thence North, along said East
280 Right of Way line to the North line of the South ½ of
281 the Northwest ¼ of the Southeast ¼ of the Southwest ¼
282 of Section 18, Township 25 South, Range 29 East, as
283 referenced in Official Records Book 3371, Page 2063;
284 thence departing said East Right of Way line, run
285 East, along said North line to the West line of the
286 Northeast ¼ of the Southeast ¼ of the Southwest ¼ of
287 said Section 18; thence departing said North line, run
288 North, along said West line to the North line of th e
289 Northeast ¼ of the Southeast ¼ of the Southwest ¼ of
290 said Section 18; thence departing said West line, run
291 East, along said North line to the West line of Tract
292 B, SHINGLE CREEK PLAZA, Plat Book 7, Page 2; thence
293 departing said North line, run Northerly, along the
294 West line of said Tract B to the Northwest corner of
295 said Tract B; thence departing said West line, run
296 Easterly and Southerly, along the North line Tract B
297 to the East line of Tract B and West line of Lot 3,
298 SHINGLE CREEK PLAZA; thence departing said North Line
299 of Tract B, run South, along said West line of Lot 3
300 to the South line of said Lot 3; thence departing said

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301 West line, run East, along said South line to the West
302 line of FOXHALL PHASES 1, 2, & 3, according to
303 Official Records Book 710, Page 574 and Official
304 Records Book 754, Page 1102; thence continue East,
305 along said South line of FOXHALL PHASES 1, 2, & 3 to
306 the West Right of Way line of Hoagland Boulevard;
307 thence departing said West Right of Way line, run
308 Northeasterly to the Southwest corner of Lot 10,
309 OSCEOLA SQUARE, Plat Book 4, Page 146, said point also
310 being the intersection of the East Right of Way line
311 of Hoagland Boulevard and the North Right of Way line
312 of Columbia Avenue; thence departing said East Right
313 of Way line, run Easterly, along the North Right of
314 Way line of Columbia Avenue to the West line of CROSS
315 ROADS PLAZA, Plat Book 20, Page 70; thence departing
316 said North Right of Way line, run North, along said
317 West line to the North line of said CROSS ROADS PLAZA;
318 thence departing said West line, run East, along said
319 North line to the East Right of Way line of Thacker
320 Avenue; thence departing said North line, run South,
321 along said East Right of Way line to the North Right
322 of Way line of Columbia Avenue; thence run Easterly,
323 Northerly & Easterly, along said North Right of Way
324 line of Columbia Avenue to a point on the East Right
325 of Way line of Main Street; thence South, along said

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326 East Right of Way line to the North Right of Way line
327 of Columbia Avenue; thence departing said East Right
328 of Way line, run East, along said North Right of Way
329 line to the West Right of Way line of Michigan Avenue;
330 thence departing said West Right of Way line, run
331 Southeasterly to a point on the East Right of Way line
332 of Michigan Avenue, said point also being the
333 Northwest corner of lands described in Official
334 Records Book 257, Page 434; thence departing said East
335 Right of Way line, run East, along the North line of
336 said lands described in Official Records Book 257,
337 Page 434, said North line also being the South line of
338 the North ½ of the Southwest ¼ of Section 14, Township
339 25 South, Range 29 East; thence continue East, along
340 the South line of the North ½ of the Southwest ¼ of
341 said Section 14 to the Southwest corner of Tract C,
342 PEBBLE CREEK ADDITION, Plat Book 4, Page 178; thence
343 continue East, along the South line of said Tract C to
344 the Southeast corner of said Tract C, said point also
345 being the West line of VALENCIA PARK, Plat Book 7,
346 Page 101; thence run Northerly, along the West
347 boundary line of said VALENCIA PARK to the North line
348 of said VALENCIA PARK; thence departing said West
349 boundary line, run East, along said North line to the
350 Northeast corner of Lot 2, VALENCIA PARK; thence

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351 departing said North line, run Southerly and Easterly
352 along the boundary of said Lot 2 to the Point of
353 Beginning.
354
355 Section 2. Notwithstanding s. 561.20(1), Florida Statutes,
356 the Division of Alcoholic Beverages and Tobacco of the
357 Department of Business and Professional Regulation shall issue a
358 special alcoholic beverage license to a bona fide restaurant in
359 the Vine Street Community Redevelopment District described in
360 section 1 that is licensed by the division, occupies at least
361 1,800 square feet of contiguous space, is equipped to serve
362 meals to at least 80 persons at one time, and derives at least
363 51 percent of its gross food and beverage revenue from the sale
364 of food and nonalcoholic beverages during the first 60-day
365 operating period and each 12-month operation period thereafter.
366 Failure of any licensee issued a special license to meet the
367 required percentage of food and nonalcoholic beverage gross
368 revenue during the covered operating period shall result in the
369 revocation of the license or denial of the pending application
370 for a permanent license of a licensee operating with a temporary
371 license. A licensee whose license is revoked, or an applicant
372 whose pending application for a permanent license is denied, or
373 any person required to qualify on the special alcoholic beverage
374 license application, is ineligible to have any interest in a

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375 subsequent license application for such license for a period of
376 120 days after the date of the final denial or revocation.
377 Section 3. This act shall take effect upon becoming a law.

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HB 1561
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS

BILL #: HB 1561 Duval County
SPONSOR(S): Duggan
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Local Administration, Federal Affairs & Special 15 Y, 0 N Burgess Darden
Districts Subcommittee

2) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

3) State Affairs Committee

The bill adds a special zone in Northeast Jacksonville known as the North Florida Keys Corridor to an existing
exception from the Beverage Law for certain zones in Jacksonville. The bill creates an exception to the quota
limitation and requires DBPR to issue a special food service license to a bona fide restaurant within these
areas that meets the following requirements: occupies at least 1,000 square feet of contiguous space, is
equipped to serve meals to at least 50 persons at one time, and derives at least 51 percent of its gross food
and beverage revenue from the sale of food and nonalcoholic beverages. Such licenses shall be subject to
local zoning requirements and to any provision of the alcoholic beverage laws of the state and rules of the
division not inconsistent within the bill. The bill provides a similar exemption for an area known as the
Downtown Incentive Zone in the City of Jacksonville Beach, with a requirement that a bona fide restaurant
located in that area have at least 1,200 square feet of contiguous space.

The bill defines an area known as the Dennis Street Commercial Corridor and provides an exemption to the
quota limitation for “event centers” within the area that has an occupancy capacity between 2,100 to 2,900
people, has an overall floor capacity between 22,000 and 35,000 square feet, and derives at least 51 percent
of its gross annual income from the sale of event tickets and food and nonalcoholic beverages.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1561b.RRS
DATE: 3/20/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Effect of Proposed Changes

The bill amends ch. 87-471, Laws of Florida,8 to add three additional areas to the exemption from the
quote license limitation: the Dennis Street Commercial Corridor, the Downtown Incentive Zone in the
City of Jacksonville Beach, and the North Florida Keys Corridor.

The bill permits DBPR to issue a special food service license to a bona fide restaurant within the North
Florida Keys Corridor, that occupies at least 1,000 square feet of contiguous space, is equipped to
serve meals to at least 50 persons at one time, and derives at least 51 percent of its gross food and
beverage revenue from the sale of food and nonalcoholic beverages. Licenses issued by DBPR shall
be subject to local zoning requirements and to any provision of the alcoholic beverage laws of the state
and rules of the division not inconsistent within the bill. The bill creates a similar exemption for the
Downtown Incentive Zone in the City of Jacksonville Beach, except that it requires the bona fide
restaurant to have at least 1,200 square feet of contiguous space.

1 S. 561.02, F.S.
2
S. 561.20(1), F.S.
3 S. 565.02, F.S.
4 S. 561.20(2), F.S.
5 S. 561.20(2)(a)4., F.S. See Rule 61A-3.0141, F.A.C.
6 See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to include a

sidewalk or any other outside area as part of the licensed premise).
7 S. 561.01(11), F.S.
8 As amended by chs. 2011-255, 2016-248, 2017-213, and 2022-259, Laws of Fla.

STORAGE NAME: h1561b.RRS PAGE: 2
DATE: 3/20/2023
The bill permits DBPR to issue a special alcoholic beverage license to event centers located in the
Dennis Street Commercial Corridor.9 A qualifying event center must have an occupant capacity
between 2,100 and 2,900 people, an overall floor capacity between 22,000 and 35,000 square feet,
and derive at least 51 percent of annual gross income from the sale of event center tickets and food
and nonalcoholic beverages.

According to the Economic Impact Statement, the bill is revenue positive due to the increase in sales
tax revenue and licensing revenue if such special licenses are granted under the exception.

B. SECTION DIRECTORY:
Section 1: Amends ch. 87-471, Laws of Fla., as amended, creating and adding Dennis
Street Commercial Corridor into the special zones located in downtown
Jacksonville, and a special zone in Northeast Jacksonville known as the North
Florida Keys Corridor; provides a property description. Creates an exception to
general law, providing space, seating and minimum gross revenues requirements
for special alcoholic beverage licenses for restaurants within Dennis Street
Commercial Corridor, and the North Florida Keys Commercial Corridor.
Section 2: Amends ch. 87-471, Laws of Fla., as amended, creating and adding the
Downtown Incentive Zone in the City of Jacksonville Beach; provides a property
description. Creates an exception to general law, providing space, seating and
minimum gross revenues requirements for special alcoholic beverage licenses
for restaurants within the Downtown Incentive Zone.
Section 3: Provides an effective date of upon becoming a law.

II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS

A. NOTICE PUBLISHED? Yes [X] No []

IF YES, WHEN? February 2, 2023 and February 4, 2023

WHERE? Jacksonville Daily Record, a weekly newspaper published in Duval County,
Florida and The Florida Times-Union, a daily newspaper published in Duval
County, Florida, respectively.

B. REFERENDUM(S) REQUIRED? Yes [] No [X]

IF YES, WHEN?

C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []

D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []

III. COMMENTS

A. CONSTITUTIONAL ISSUES:
None.

9
The bill defines an “event center” as “a facility that routinely hosts events for which entrance is by customers who have pur chased
tickets, including, but not limited to, musical concerts and art shows , hosts events sponsored or organized by nonprofit organizations,
and otherwise does not market itself primarily as a food service establishment.”
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DATE: 3/20/2023
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.

STORAGE NAME: h1561b.RRS PAGE: 4
DATE: 3/20/2023
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 1561 2023

1 A bill to be entitled
2 An act relating to Duval County; amending chapter 87-
3 471, Laws of Florida, as amended; adding special zones
4 in the City of Jacksonville; providing exceptions for
5 space and seating requirements for liquor licenses for
6 restaurants and event centers in the zones; creating a
7 special zone in the City of Jacksonville Beach;
8 providing exceptions for space and seating
9 requirements for liquor licenses for restaurants in
10 the zone; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Chapter 87-471, Laws of Florida, as amended by
15 chapter 2022-259, Laws of Florida, is amended to read:
16 Section 1. There are created special zones in downtown
17 Jacksonville covering the following described areas known as
18 Northside West, Northside East, Southbank, Riverside Avondale
19 Urban Transition Area, Riverside Avondale Commercial Character
20 Areas, Murray Hill Commercial Area, Springfield Commercial Area,
21 San Marco Transportation Corridor, and Kings Avenue Commercial
22 Corridor, and Dennis Street Commercial Corridor, and a special
23 zone in Northeast Jacksonville known as the North Florida Keys
24 Corridor, for the purposes of this act. The areas are described
25 as:

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26 (1) The Northside West area is that part of the City of
27 Jacksonville, Duval County, Florida described as:
28
29 Begin at the point of intersection of the West right-
30 of-way line of Main Street, State Road No. 5, with the
31 South right-of-way line of West Bay Street; thence,
32 Westerly along said South right-of-way line of West
33 Bay Street to a line being a Southerly prolongation of
34 the West right-of-way line of Julia Street; thence
35 Northerly along said line and said West right-of-way
36 line of Julia Street to the South right-of-way line of
37 Forsyth Street; thence Westerly along said South
38 right-of-way line of Forsyth Street to the West right-
39 of-way line of Pearl Street; thence Northerly along
40 said West right-of-way line of Pearl Street to the
41 North right-of-way line of State Street; thence
42 Westerly and Northwesterly along said North right-of-
43 way line of State Street to the Northwesterly right -
44 of-way of Interstate 95 and State Road No. 9; thence
45 Southwesterly along said Northwesterly and Westerly
46 right-of-way line to an intersection with a line being
47 a Westerly prolongation of the Northeasterly right -of-
48 way line of that portion of Interstate 95 leading to
49 and from the Fuller Warren Bridge over the St. Johns
50 River; thence Southeasterly along said line and

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51 Northeasterly right-of-way line to the center line of
52 the St. Johns River; thence Northeasterly and Easterly
53 along said center line to the West right-of-way line
54 of the John T. Alsop (Main Street) Bridge; thence
55 Northerly along said West right-of-way line of the
56 John T. Alsop (Main Street) Bridge to the Point of
57 Beginning.
58 (2) The Northside East area is that part of the City of
59 Jacksonville, Duval County, Florida described as:
60 Begin on the west, Pearl Street extending from State
61 on the north to Forsyth Street on the south and Julia
62 Street from Forsyth on the north to Bay Street on the
63 south, and Main Street beginning at Bay Street on the
64 north and extending south to the St. Johns River. The
65 northern boundary is State Street, beginning at Pearl
66 Street, and extends eastward to Liberty Street at
67 which point the boundary extends eastward along the
68 Jacksonville Expressway to a point where the
69 Jacksonville Expressway intersects with the Haines
70 Street Expressway. Then north along the Haines Street
71 Expressway to Marshall Street, and then eastward along
72 Marshall Street to Talleyrand Avenue. North along
73 Talleyrand Avenue to Fairway Street, and then eastward
74 along Fairway Street to the St. Johns River. The
75 eastern and southern boundaries are the St. Johns

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76 River, beginning at Fairway Street and extending
77 southward to a point beyond the Hart Bridge, then
78 westward to Main Street at a point running north to
79 Bay Street and then west along Bay Street to Julia
80 Street, then north along Julia Street to Forsyth
81 Street, then extending west to Pearl Street.
82
83 (3) The Southbank area is that part of the City of
84 Jacksonville, Duval County, Florida described as:
85
86 Begin at the point of intersection of the North right -
87 of-way line of Gulf Life Drive with the West right-of-
88 way line of South Main Street, State Road No. 5;
89 thence westerly along said North right-of-way line of
90 Gulf Life Drive to the Northeasterly right-of-way line
91 of that portion of the Jacksonville Expressway leading
92 to and from the Acosta Bridge over the St. Johns
93 River; thence Southeasterly along said Northeasterly
94 right-of-way line to an intersection with a
95 Northeasterly prolongation of a line lying 60 feet
96 Southeasterly from, when measured at right angles to,
97 the Southeasterly face of the Prudential Building;
98 thence Southwesterly along said line and a
99 Southwesterly prolongation thereof to an intersection
100 with the South right-of-way line of Prudential Drive;

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101 then Easterly along said South right-of-way line of
102 Prudential Drive to an intersection with a
103 Northeasterly prolongation of the Westerly edge of the
104 Easternmost Baptist Medical Center driveway; thence
105 Southwesterly along said line and Westerly edge of
106 driveway and Southwesterly prolongation thereof to an
107 intersection with the Northerly right-of-way line of
108 Interstate 95, State Road No. 9; thence Easterly along
109 said Northerly right-of-way line to a point of
110 intersection with the Southwesterly edge of the
111 Southbound roadway of South Main Street; thence
112 Northeasterly along a line drawn straight from the
113 last described point to the Northwesterly corner of
114 Lot 18, Block 1, Bostwick's Subdivision of Block 46 in
115 South Jacksonville, as shown on plat recorded in Plat
116 Book 3, Page 68 of the Current Public Records of said
117 County, said Northwest corner being located in the
118 Northeasterly right-of-way line of the Northbound
119 approach to said South Main Street from said
120 Interstate 95; thence Southeasterly and Easterly along
121 said Northeasterly right-of-way line and Northerly
122 right-of-way line of Interstate 95 to an intersection
123 with the Southeasterly right-of-way line of Vine
124 Street; thence Northeasterly along said Southeasterly
125 right-of-way line of Vine Street to the Northeasterly

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126 line of that certain alley running Southeasterly
127 through Block 17, Reeds Fourth Subdivision of South
128 Jacksonville, as shown on plat recorded in Plat Book
129 1, Page 46 of the former public records of said
130 County; thence Southeasterly along said Northeasterly
131 alley line to an intersection with the Northwesterly
132 right-of-way line of Alamo Street; thence
133 Northeasterly along said Northwesterly right-of-way
134 line of Alamo Street and a Northeasterly prolongation
135 thereof to an intersection with the mean high water
136 line of the St. Johns River; thence Northwesterly
137 along said mean high water line to an intersection
138 with a line being a Northerly prolongation of the West
139 face of the Gulf Life Insurance Company's parking
140 garage; thence Southerly along said line, said West
141 garage face, and a Southerly prolongation thereof to
142 an intersection with the North right-of-way line of
143 Gulf Life Drive; thence Westerly along said North
144 right-of-way line to the Northerly prolongation of the
145 Easterly right-of-way line of Flagler Avenue; thence
146 Northerly along said prolongation of the Easterly
147 right-of-way line of Flagler Avenue to an intersection
148 with a line being the Easterly prolongation of the
149 South face of the multistory Hilton Hotel building;
150 thence Westerly along said line, the said South face

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151 of the Hilton Hotel to the Westerly right-of-way line
152 of South Main Street; thence Southerly along said
153 Westerly right-of-way line of South Main Street to the
154 Point of Beginning.
155 (4) The Riverside Avondale Urban Transition Area is that
156 part of the Riverside Avondale Historic District of the City of
157 Jacksonville, Duval County, Florida described as:
158 The area bound by Margaret Street to the west,
159 Dellwood Avenue and Interstate 95 to the north and
160 northeast, and the St. Johns River to the east and
161 south.
162
163 (5) The Riverside Avondale Commercial Character Areas are
164 those parts of the Riverside/Avondale Historic District of the
165 City of Jacksonville, Duval County, Florida described as:
166
167 Riverside Avondale Commercial Character Area #1: Lot
168 22, Arden, according to the plat thereof as recorded
169 in Plat Book 5 Page 89 of the Current Public Records
170 of Duval County, Florida. Block 22, Lots 3, 4, 5, and
171 6 Block 16, Fishweir Park, according to the plat there
172 of as recorded in Plat Book 3 Page 84 of the Current
173 Public Records of Duval County, Florida. A part of the
174 George Atkinson Grant, Section 58, Township 2 South,
175 Range 26 East Duval County, Florida as recorded in

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176 Official Records: Book 10027 Page 872, Book 8723 Page
177 91, Book 14566 Page 1943, Book 8234 Page 171, Book
178 17088 Page 1988, Book 3153 Page 846, and Book 8558
179 Page 222
180 Riverside Avondale Commercial Character Area #2: Lots
181 10, 11, and 12 Block 104, Lots 7, 8, and 9 Block 121,
182 Riverside Heights, according to the plat thereof as
183 recorded in Plat Book 2 Page 61 of the Current Public
184 Records of Duval County, Florida. Lots 1, 2, 3, and 4
185 of BJ Skinner's Subdivision of Block 3 of Diterich's
186 Subdivision of part of the Hutchinson Grant according
187 to the plat thereof as recorded in Plat Book 8 Page 14
188 of the Current Public Records of Duval County,
189 Florida. Lots 7, 8 ,9, 10, 11, and 12 Block 2, Lots 6,
190 7, 8, 9, and 10 Block 1, St Johns Heights, according
191 to the plat thereof as recorded in Plat Book 3 Page 22
192 of the Current Public Records of Duval County,
193 Florida. Lots 1, 2, 3, 10, 11, and 12 Block 1
194 Diterich's Subdivision of Lot 4 of the Hutchinson
195 Grant, Northwestern 65 feet of Lots 1 and 2, all of
196 Lot 3 Diterich's Replat of Lot 1 Block 8, Edgewood,
197 according to the plat thereof as recorded in Plat Book
198 2 Page 86 of the Current Public records of Duval
199 County, Florida. Lots 130, 131, and 132, Avondale,
200 according to the plat thereof as recorded in Plat Book

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201 7 Page 31 of the Current Public Records of Duval
202 County, Florida.
203 Riverside Avondale Commercial Character Area #3: Lot 1
204 (Except any portion taken by the City of Jacksonville
205 for right of way purposes) Block A, North Riverside
206 Heights, according to the plat thereof as recorded in
207 Plat Book 2 Page 99 of the Current Public Records of
208 Duval County, Florida. Lots 4 and 5 Block 13, Lots 1,
209 2, 3, 4, 5, the North 1/2 of a closed alley lying
210 Southeasterly of said lots, and Lot 6 Block 14, Lots 1
211 and 2 Block 15, Lots 1, 36, 37, and 38 Block 16, St
212 Johns Heights, according to the plat thereof as
213 recorded in Plat Book 3 Page 22 of the Current Public
214 Records of Duval County, Florida. Lots 7, 8, and 9
215 Block 49, Riverside Heights, according to the plat
216 thereof as recorded in Plat Book 2 Page 61 of the
217 Current Public Records of Duval County, Florida. A
218 portion of Eloise St closed and vacated by Ordinance
219 No. BB-153 of the City of Jacksonville, Florida.
220 Riverside Avondale Commercial Character Area #4: Lots
221 2, 3, 6, and part of Lot 7 recorded in Official Record
222 Book 9501 Page 290 Block 16. Lots 1, 4, 5, and part of
223 Lot 8 recorded in Official Record Book 9501 Page 292
224 Block 17, Ingleside Park, according to the plat
225 thereof as recorded in Plat Book 2 Page 77 of the

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226 current Public Records of Duval County, Florida. Lots
227 9, 10, 11, 12, 13, 14, and 15 Block 3. Lots 6, 7
228 (except part in right of way), 8, 9, 10, 11, 12, 13,
229 14, and 15 Block 6. Lots 1, 2, and 3 Block 7, Willow
230 Brook Terrace, according to the plat thereof as
231 recorded in Plat Book 8 Page 36 of the Current Public
232 records of Duval County, Florida.
233 Riverside Avondale Commercial Character Area #5: Lot
234 7, Lots 8, 9, 10, and 11 (except parts in right of
235 way) Block 18, Central Addition to Riverside,
236 according to the plat thereof as recorded in Plat Book
237 6 Page 6 of the Current Public Records of Duval
238 County, Florida. Part of Lot 7 recorded in Official
239 Record Book 14809 Page 692, Lots 8, 9, and 10, Lot 11
240 and 12 (except parts in right of way), and Lot 13
241 Block 1. Lot 8 (except part in right of way), Lots 9,
242 10, 11, 12, 13, 14, 15, and part of Lots 16, 17, and
243 18 recorded in Official Record Book 15097 Page 1955
244 Block 2, Riverside Extension, according to the plat
245 thereof as recorded in Plat Book 6 Page 11 of the
246 Current Public Records of Duval County, Florida. Part
247 of Lot 6 recorded in Official Records Book 6934 Page
248 1451, Lots 7, 8, 9, and 10, Riverside Pines, according
249 to the plat thereof as recorded in Plat Book 17 Page

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250 13 of the Current Public Records of Duval County,
251 Florida.
252 Riverside Avondale Commercial Character Area #6: Lots
253 7, 8, 9, 10, 11, and 12 of re-plat of Block 2,
254 Lightbody's Subdivision, according to the plat thereof
255 as recorded in Plat Book 6 Page 1 of the Current
256 Public records of Duval County, Florida. Lots 1, 2, 3,
257 and 4 Block 3, Lightbody's Subdivision, according to
258 the plat thereof as recorded in Plat Book 3 Page 95 of
259 the Current Public records of Duval County, Florida.
260 Lots 12 and 13, Re-plat of Lots 12 & 13 Block 8
261 Riverside Annex, according to the plat thereof as
262 recorded in Plat Book 9 Page 8 of the Current Public
263 records of Duval County, Florida. Lots 1, 2, 3, 4, 5,
264 6, 7, 8, 9, 10, 11, and 25, Shackelton's Subdivision
265 of Block 8 Riverside Annex, according to the plat
266 thereof as recorded in Plat Book 2 Page 67 of the
267 Current Public records of Duval County, Florida. Lots
268 1, 2, 3, 4, 5, 6, 7, 8, 9, East 15FT Lot 10, West 35FT
269 Lot 11 Block 5. Lots 1, 2, 3, 4, 5, and 6 Block 6,
270 Riverside Annex, according to the plat thereof as
271 recorded in Plat Book 1 Page 106 of the Current Public
272 records of Duval County, Florida. Lots 1, 2, 3, 4, 5,
273 6, 7, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
274 28, and 29, Duval Company's Re-plat of Block 7

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275 Riverside Annex, according to the plat thereof as
276 recorded in Plat Book 2 Page 90 of the Current Public
277 records of Duval County, Florida. That fractional part
278 of Park St located Southeasterly of lots 16 and 17
279 Duval Company's Re-plat of Block 7 Riverside Annex
280 known as Parcel C recorded in Official Record Book
281 16195 Page 2011. Closed alley within Plat Book 2 Page
282 90 closed by City of Jacksonville Ordinance No. 82 -
283 314-147. Tracts D and E. Lots 1, 2, 3, 4, 5, and 6
284 Block 6. Lots 1, 2, 3, and 4 Block 7. Lots 1, 2, 3, 4,
285 5, 6, 7, and 8 Block 8. Lots 2, 3, 4, 5, 6, 7, 8, 9,
286 10, 11, 12, 13, 14, 15, and closed alley recorded in
287 Official Record Book 11597-1171 Block 9. Lots 18, 19,
288 20, 21, 22, and 23 Block 12. Lots 14 and part closed
289 street lying South thereof, 15, 16, 17, 18, and 19
290 Block 13, New Riverside, according to the plat thereof
291 as recorded in Plat Book 3 Page 54 of the Current
292 Public records of Duval County, Florida. Lots 1, 2,
293 and 3, Valz & Yerkes Subdivision, according to the
294 plat thereof as recorded in Plat Book 7 Page 32 of the
295 Current Public records of Duval County, Florida.
296 Parcels of land being part of Government Lot 4 in
297 Section 22, Township 2 South, Range 26 East, Duval
298 County Florida as described in Deed Book 127 Page177,
299 Deed Book 127 Page 178, Official record Book 754

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300 Page176, Official Record Book 1140 Page 279, Official
301 Record Book 2314 Page 133, and Official Record Book
302 4024 Page 200.
303 Riverside Avondale Commercial Character Area #7: Lot 6
304 Block 83, Riverside, according to the plat thereof as
305 recorded in Plat Book 4 Page 6 of the Current Public
306 records of Duval County, Florida. The West 60FT and
307 the North 25FT of the East 10FT of Lot 7 and the North
308 25FT of the West 1/2 of Lot 6, Block 83, Riverside,
309 according to the plat thereof as recorded in Plat Book
310 2 Page 24 of the Current Public records of Duval
311 County, Florida. The East 50FT of the common area
312 parcel of the John Gorrie Condominium described in
313 Official record Book 15698 Page 444 of the Current
314 Public Records of Duval County, Florida.
315 Riverside Avondale Commercial Character Area #8: All
316 of Lots 2 through 8, together with that portion of a
317 15FT alley (closed by ordinance 2002-393) lying
318 Southerly of said lots 7 and 8. Lots 1, 2, 3, 4, 5, 6,
319 7, 20, 21, 22 and part of a closed alley lying
320 southerly to Lots 6 and 7 and Easterly to Lots 6, 7,
321 and 22 Block 9. Fractional Lot 1 Block 11. Lots 1, 2,
322 3, 4, 5 and closed alley lying Easterly of Lots 6 & 26
323 Block 12 (except any part in right of way), R I CO's
324 addition to Riverside, according to the plat thereof

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325 as recorded in Plat Book 5 Page 47 of the Current
326 Public Records of Duval County, Florida. Part of Lot
327 4, Riverside, according to the plat thereof as
328 recorded in Plat Book 1 Page 109 of the Current Public
329 Records of Duval County, Florida. West 1/2 Lot 5,
330 fractional Lot 6, and the West 1/2 of Lot 7 Block
331 102, Riverside, according to the plat thereof as
332 recorded in Plat Book 4 Page 6 of the Current Public
333 Records of Duval County, Florida.
334 Riverside Avondale Commercial Character Area #9: Lots
335 1 through 10 Block 51. Lots 1, 2, 3, and part of Lot 4
336 recorded in Official Record Book 11528 Page 2345 Block
337 52, Riverside, according to the plat thereof as
338 recorded in Plat Book 1 Page 109 of the Current Public
339 Records of Duval County, Florida. A part of Oak Street
340 North of Block 51, plat of Riverside, as recorded in
341 Official record Book 9853 Page 1080 of the Public
342 Records of Duval County, Florida.
343
344 (6) The Murray Hill Commercial Area includes the following
345 properties in the City of Jacksonville, Duval County, Florida:
346
347 Lots 9, 11 and 12, RIVERSIDE GARDENS, according to the
348 plat thereof as recorded in Plat Book 3, Page 67,
349 Public Records of Duval County, Florida.

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350 Lots 13 and 14, Block 12, RIVERSIDE GARDENS, according
351 to the plat thereof as recorded in Plat Book 3, Page
352 67, Public Records of Duval County, Florida.
353 Lots 3, 4, 15, 16, 17 and 18, Block 12, RIVERSIDE
354 GARDENS, according to the plat thereof as recorded in
355 Plat Book 3, Page 67, Public Records of Duval County,
356 Florida; also that certain parcel abutting said lots
357 on the north and being formerly part of Gilmore Street
358 more particularly described in Deed Book 16304, Page
359 981, Public Records of Duval County, Florida; and A
360 parcel of land being a part of Lots 5 and 6, Block 12,
361 RIVERSIDE GARDENS, according to the plat thereof as
362 recorded in Plat Book 3, Page 67, Public Records of
363 Duval County, Florida, together with a part of Gilmore
364 Street as presently closed, said parcel being more
365 particularly described in Deed Book 16304, Page 981,
366 Public Records of Duval County, Florida.
367 Lot 19 and 20, Block 12, RIVERSIDE GARDENS, according
368 to the plat thereof as recorded in Plat Book 3, Page
369 67, Public Records of Duval County, Florida.
370 Part of Section 20, Township 2 South, Range 26 East,
371 Duval County, Florida, being more particularly
372 described as follows: commence at the intersection of
373 the northerly line of Lenox Avenue with the westerly
374 line of Edgewood Avenue; thence north 38 degrees, 44

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375 minutes west, along said westerly line of Edgewood
376 Avenue 150 feet to the point of beginning; thence
377 continue north 38 degrees 44 minutes west, along said
378 westerly line of Edgewood Avenue 41.3 feet; thence
379 continue along said westerly line of Edgewood Avenue,
380 north 32 degrees 58 minutes west 165.1 feet to the
381 southerly line of the Jacksonville Expressway; thence
382 south 58 degrees 45 minutes 23 seconds west, along
383 said southerly line of the Jacksonville Expressway
384 452.11 feet; thence south 9 degrees 00 minutes east,
385 193.7 feet; thence north 61 degrees 30 minutes east,
386 537.42 feet to the point of beginning.
387 Part of Section 20, Township 2 South, Range 26 East,
388 Duval County, Florida, being more particularly
389 described as follows: commence at the intersection of
390 the Westerly line of Edgewood Avenue with the
391 Northerly line of Lenox Avenue; thence South 61
392 degrees, 30 minutes West, along said Northerly line of
393 Lenox Avenue, 272.5 feet to the point of beginning;
394 thence continue along said Northerly line of Lenox
395 Avenue, South 61 degrees, 30 minutes West, 281.33
396 feet, more or less, to the Northerly line of Dellwood
397 Avenue; thence South 87 degrees, 44 minutes West,
398 along said Northerly line of Dellwood Avenue, 59.16
399 feet; thence North 9 degrees, 00 minutes West, along

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400 the Easterly line of the lands shown on Plat Book 7,
401 Page 4, of the Public Records of Duval County,
402 Florida, 128.45 feet; thence North 61 degrees, 30
403 minutes East, 264.92 feet; thence South 38 degrees, 44
404 minutes East, 150 feet to the point of beginning.
405 Part of Section 20, Township 2 South, Range 26 East,
406 Duval County, Florida, described as follows: beginning
407 at the northwest corner of Edgewood Avenue and Lenox
408 Avenue and running westerly a distance of 150 feet
409 along the northerly line of Lenox Avenue for a point
410 of beginning, thence run northerly a distance of 150
411 feet parallel with Edgewood Avenue to a point; thence
412 run westerly a distance of 80 feet parallel with Lenox
413 Avenue; thence run southerly a distance of 150 feet
414 parallel with Edgewood Avenue to the northerly line of
415 Lenox Avenue, thence run easterly a distance of 80
416 feet along the northerly line of Lenox Avenue to the
417 point of beginning.
418 Part of Section 20, Township 2 South, Range 26 East,
419 Duval County, Florida, being more particularly
420 described as: for a point of beginning, commence at
421 the intersection of the southwest right-of-way line of
422 Edgewood Avenue (a 100 foot right-of-way as now
423 established) with the northwest right-of-way line of
424 Lenox Avenue (a 60 foot right-of-way as now

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425 established) thence south 61 degrees 30 minutes 00
426 seconds west, along the Northwest right of way line of
427 said Lenox Avenue, a distance of 150.00 feet; thence
428 North 38 degrees 44 minutes 00 seconds west departing
429 said northwest right-of-way line, a distance of 150.00
430 feet; thence north 61 degrees 30 minutes 00 seconds
431 east, parallel with said northwest right-of-way line,
432 a distance of 150.00 feet to an intersection with the
433 aforesaid southwest right-of-way of Edgewood Avenue;
434 thence south 38 degrees 44 minutes 00 seconds east,
435 along said southwest right-of-way line, a distance of
436 150.00 feet to the point of beginning.
437 The North 1/2 of Lot 8, Block 13, RIVERSIDE GARDENS,
438 according to plat thereof as recorded in Plat Book 3,
439 Page 67, Public Records of Duval County, Florida.
440 The North 105 feet of Lot 7, Block 13, RIVERSIDE
441 GARDENS, according to plat thereof as recorded in Plat
442 Book 3, Page 67, Public Records of Duval County,
443 Florida.
444 Lot 6, Block 13, RIVERSIDE GARDENS, according to plat
445 thereof as recorded in Plat Book 3, Page 67, Public
446 Records of Duval County, Florida.
447 Lots 1, 2, 3 and 4, Block 13, RIVERSIDE GARDENS,
448 according to plat thereof as recorded in Plat Book 3,

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449 Page 67, Public Records of Duval County, Florida,
450 except part in Official Records Volume 2425, Page 709.
451 Lot 8, Block 13, RIVERSIDE GARDENS, according to plat
452 thereof as recorded in Plat Book 3, Page 67, Public
453 Records of Duval County, Florida.
454 Lot 7, except the North 105 feet thereof, Block 13,
455 RIVERSIDE GARDENS, according to plat thereof as
456 recorded in Plat Book 3, Page 67, Public Records of
457 Duval County, Florida.
458 Lots 131, 132 and 133 of Block 79, Replat of Block 80
459 and part of Blocks 79, 81 and 82, MURRAY HILL HEIGHTS,
460 according to plat thereof as recorded in Plat Book 5,
461 Pages 67, Public Records of Duval County, Florida.
462 Section 20, Township 25, Range 26E, Lots 129 and 130,
463 Block 79, Replat of Block 79, MURRAY HILL HEIGHTS,
464 according to plat thereof as recorded in Plat Book 5,
465 Pages 67, Public Records of Duval County, Florida,
466 except part conveyed to Duval County in Deed Book
467 1255, Page 47 of said public records.
468 Lot 128, Block 79, Replat of Block 80 and part of
469 Blocks 79, 81 and 82, MURRAY HILL HEIGHTS, according
470 to plat thereof as recorded in Plat Book 5, Pages 67,
471 Public Records of Duval County, Florida.
472 Lots 168 and 169, Block 79, MURRAY HILL HEIGHTS,
473 according to plat thereof as recorded in Plat Book 5,

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474 Pages 86 and 86A, Public Records of Duval County,
475 Florida.
476 Lot 167, Block 79, MURRAY HILL HEIGHTS, according to
477 plat thereof as recorded in Plat Book 5, Pages 86 and
478 86A, Public Records of Duval County, Florida.
479 Lots 165 and 166, Block 79, MURRAY HILL HEIGHTS,
480 according to plat thereof as recorded in Plat Book 5,
481 Pages 86 and 86A, Public Records of Duval County,
482 Florida.
483 Lots 141, 163, 164, Block 79, MURRAY HILL HEIGHTS,
484 according to plat thereof as recorded in Plat Book 5,
485 Pages 86 and 86A, Public Records of Duval County,
486 Florida.
487 Lot 161 and 162, Block 78, MURRAY HILL HEIGHTS,
488 according to plat thereof as recorded in Plat Book 5,
489 Pages 86 and 86A, Public Records of Duval County,
490 Florida.
491 Lots 159 and 160, Block 78, MURRAY HILL HEIGHTS,
492 according to plat thereof as recorded in Plat Book 5,
493 Pages 86 and 86A, Public Records of Duval County,
494 Florida.
495 Lots 157 and 158, Block 78, MURRAY HILL HEIGHTS,
496 according to plat thereof as recorded in Plat Book 5,
497 Pages 86 and 86A, Public Records of Duval County,
498 Florida.

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499 Lot 156, Block 78, MURRAY HILL HEIGHTS, according to
500 plat thereof as recorded in Plat Book 5, Pages 86 and
501 86A, Public Records of Duval County, Florida.
502 Lots 153, 154 and 155, Block 78, MURRAY HILL HEIGHTS,
503 according to plat thereof as recorded in Plat Book 5,
504 Pages 86 and 86A, Public Records of Duval County,
505 Florida.
506 Lot 164, Block 78, MURRAY HILL HEIGHTS, according to
507 plat thereof as recorded in Plat Book 5, Pages 86 a nd
508 86A, Public Records of Duval County, Florida, except
509 the portion described as: beginning at the most
510 Southerly corner of said Lot 164; thence Northerly
511 along the Easterly line of said Lot 164, 24 feet;
512 thence Northwesterly 50.07 feet to a point in the
513 Southwesterly line of said Lot 164, said point being
514 50 feet as measured along the Southwesterly line of
515 Lot 164, said point being 50 feet as measured along
516 the Southwesterly line of said Lot 164 from the most
517 Westerly corner thereof; thence Southeasterly along
518 the Southwesterly line of said Lot 164, 64.55 feet to
519 the point of beginning and further excepting those
520 lands described in Official Records Book 14963, page
521 1973, Public Records of Duval County, Florida.

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522 Lot 1, Block 70, MURRAY HILL HEIGHTS, according to
523 plat thereof as recorded in Plat Book 5, Pages 86 and
524 86A, Public Records of Duval County, Florida.
525 Lot 9, except the Southwesterly 50 feet thereof, and
526 the Northeast 16 feet of the Southwest 110 feet of
527 Lots 10 and 11, and the Southeast 8 feet of the
528 Northeast 34 feet of the Southwest 94 feet of Lot 10,
529 all in Block 67, MURRAY HILL HEIGHTS, according to
530 plat thereof as recorded in Plat Book 5, Pages 86 and
531 86A, Public Records of Duval County, Florida.
532 Lots 1-8, 12-22 and the Southwest 110 feet of Lots 9,
533 10 and 11, less and except that part described in
534 Official Records Book 2497, Page 87, all of Block 67,
535 MURRAY HILL HEIGHTS, according to plat thereof as
536 recorded in Plat Book 5, Pages 86 and 86A, Public
537 Records of Duval County, Florida.
538 Lot 1, Block 66, MURRAY HILL HEIGHTS, according to
539 plat thereof as recorded in Plat Book 5, Pages 86 and
540 86A, Public Records of Duval County, Florida.
541 Lots 5, 6, 7, 8 and a portion of Lot 9, Block 66 as
542 reflected in Deed Book 8169, Page 2307, MURRAY HILL
543 HEIGHTS, according to plat thereof as recorded in Plat
544 Book 2, Pages 87, Public Records of Duval County,
545 Florida.

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546 A portion of Lots 9, 10 and 11, Block 66, MURRAY HILL
547 HEIGHTS, according to plat thereof as recorded in Plat
548 Book 2, Pages 87, Public Records of Duval County,
549 Florida, and being more particularly described as
550 follows: begin at the intersection of the
551 Northwesterly right-of-way line of Post Street
552 (formerly Eighteenth Street, a 60 foot right-of-way as
553 now established) with the Southwesterly right-of-way
554 line of Edgewood Avenue (a 100 foot right-of-way as
555 now established); thence north 45 degrees 00 minutes,
556 00 seconds west, along said Southwesterly right-of-way
557 line, 133.60 feet; thence south 45 degrees 10 minutes
558 52 seconds west, 85.00 feet to the Northwesterly
559 prolongation of the Northeasterly boundary of those
560 lands described and recorded in Official Records
561 Volume 6952, Page 502 and Official Records Volume
562 5917, Page 755, all of said current Public Records;
563 thence south 45 degrees, 00 minutes, 00 seconds east,
564 along last said line and along said Northeasterly
565 boundary of those lands described and recorded in said
566 Official Records Volume 6952, Page 502 and said
567 Official Records Volume 5917, Page 755, a distance of
568 133.89 feet to the aforesaid Northwesterly right-of-
569 way line of Post Street, thence north 44 degrees, 58

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570 minutes 57 seconds East, along last said line, 85 feet
571 to the point of beginning.
572 The Southwesterly 75 feet of Lots 10 and 11, and the
573 Southwesterly 75 feet of the Southeasterly 34.3 feet
574 of Lot 9, all of Lots 12, 13, 14 and 15, except the
575 Northwest 5 feet of the Southwest 135 feet, Block 66,
576 MURRAY HILL HEIGHTS, according to plat thereof as
577 recorded in Plat Book 5, Pages 86 and 86A, Public
578 Records of Duval County, Florida.
579 All of Lots 1, 4 and the North 3 feet of Lot 2, Block
580 57, REPLAT OF MURRAY HILL HEIGHTS, according to plat
581 thereof as recorded in Plat Book 5, Pages 86 and 86A,
582 Public Records of Duval County, Florida.
583 The South 47 feet of Lot 2 and all of Lot 3, Block 57,
584 MURRAY HILL HEIGHTS, a subdivision according to the
585 plat thereof recorded at Plat Book 2, Page 87, Public
586 Records of Duval County, Florida, and the
587 Northwesterly 2 inches of Lot 5, Block 57, MURRAY HILL
588 HEIGHTS, according to plat thereof as recorded in Plat
589 Book 5, Pages 86 and 86A, Public Records of Duval
590 County, Florida.
591 Lot 5, except part recorded in Deed 1328, Page 404,
592 and Lot 6, Block 57, MURRAY HILL HEIGHTS, according to
593 plat thereof as recorded in Plat Book 5, Pages 86 and
594 86A, Public Records of Duval County, Florida.

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595 Lots 7, 8 and 9, Block 57, MURRAY HILL HEIGHTS,
596 according to plat thereof as recorded in Plat Book 5,
597 Pages 86 and 86A, Public Records of Duval County,
598 Florida.
599 Lots 5 and 6, Block 56, MURRAY HILL HEIGHTS, according
600 to plat thereof recorded in the Public Records of
601 Duval County, FL, less the Southwesterly 20 feet of
602 said lots conveyed to the City of Jacksonville. Also
603 Lots 8 and 9, Block 56, MURRAY HILL HEIGHTS, according
604 to plat thereof recorded in the Public Records of
605 Duval County, Florida.
606 Lot 7, Block 56, MURRAY HILL HEIGHTS, excepting the
607 southwesterly 20 feet thereof, recorded in Plat Book
608 2, Page 87 and Plat Book 5, Page 86 and 86A, Public
609 Records of Duval County, Florida.
610 Lots 5 and 6, Block 56, MURRAY HILL HEIGHTS, according
611 to plat thereof recorded in the Public Records of
612 Duval County, FL, less the Southwesterly 20 feet of
613 said lots conveyed to the City of Jacksonville. Also
614 Lots 8 and 9, Block 56, MURRAY HILL HEIGHTS, according
615 to plat thereof recorded in the Public Records of
616 Duval County, Florida, less the part conveyed to the
617 State of Florida as reflected in Deed Book 9840, Page
618 198, Public Records of Duval County, Florida.

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619 The Northwest 35 feet of the Northeast 140 feet of Lot
620 1, Block 56, MURRAY HILL HEIGHTS, according to plat
621 thereof recorded in Plat Book 5, Pages 86 and 86A,
622 Public Records of Duval County, Florida; and
623 Lots 2 and 3, Block 56, MURRAY HILL HEIGHTS, according
624 to plat thereof recorded in Plat Book 5, Pages 86 and
625 86A, Public Records of Duval County, Florida, except
626 the Southwesterly 20 feet thereof as conveyed to the
627 City of Jacksonville by Deed Book 1338, Page 493; and
628 all of Lot 4, Block 56, MURRAY HILL HEIGHTS, according
629 to plat thereof recorded in Plat Book 5, Page 86 and
630 86A, Public Records of Duval County, Florida, except
631 the Soutwesterly 20 feet of said Lot 4 conveyed to the
632 City of Jacksonville by deed recorded in Book 382,
633 Page 109.
634 The Southeasterly 100 feet of the Northeasterly 140
635 feet of Lot 1, Block 56, MURRAY HILL HEIGHTS,
636 according to the plat thereof recorded in Plat Book 5,
637 Pages 86 and 86A, Public Records of Duval County,
638 Florida.
639 Lot 14, Block 47, MURRAY HILL HEIGHTS, according to
640 plat thereof recorded in Plat Book 5, Pages 86 and
641 86A, Public Records of Duval County, Florida.
642 Lots 12 and 13, Block 47, MURRAY HILL HEIGHTS,
643 according to plat thereof recorded in Plat Book 5,

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644 Pages 86 and 86A, Public Records of Duval County,
645 Florida.
646 Lots 9, 10 and 11, Block 47, MURRAY HILL HEIGHTS,
647 according to plat thereof recorded in Plat Book 2,
648 Page 87 and Plat Book 5, Pages 86 and 86A, Public
649 Records of Duval County, Florida.
650 Lots 9, 10 and 11, Block 47, MURRAY HILL HEIGHTS,
651 according to plat thereof recorded in Plat Book 2,
652 Page 87 and Plat Book 5, Pages 86 and 86A, Public
653 Records of Duval County, Florida.
654 Lot 5, Block 47, MURRAY HILL HEIGHTS, according to
655 plat thereof recorded in Plat Book 5, Pages 86 and
656 86A, Public Records of Duval County, Florida.
657 Lot 4, Block 47, MURRAY HILL HEIGHTS, according to
658 plat thereof recorded in Plat Book 5, Pages 86 and
659 86A, Public Records of Duval County, Florida.
660 The Northeasterly 90 feet of Lots 1, 2 and 3, Block
661 47, MURRAY HILL HEIGHTS, according to plat thereof as
662 recorded in Plat Book 5, Pages 86 and 86A, Public
663 Records of Duval County, Florida.
664 The Southwest 70 feet of Lots 1, 2 and 3, Block 47,
665 MURRAY HILL HEIGHTS, according to plat thereof as
666 recorded in Plat Book 5, Pages 86 and 86A, Public
667 Records of Duval County, Florida.

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668 Lots 5 and 6, Block 46, MURRAY HILL HEIGHTS, according
669 to plat thereof as recorded in Plat Book 5, Pages 86,
670 Public Records of Duval County, Florida.
671 Lot 4, Block 46, MURRAY HILL HEIGHTS, according to
672 plat thereof as recorded in Plat Book 5, Pages 86 and
673 86A, Public Records of Duval County, Florida.
674 Lot 3, Block 46, MURRAY HILL HEIGHTS, according to
675 plat thereof as recorded in Plat Book 5, Pages 86 and
676 86A, Public Records of Duval County, Florida.
677 Lots 1 and 2, MURRAY HILL HEIGHTS, according to plat
678 thereof as recorded in Plat Book 5, Pages 86 and 86A,
679 Public Records of Duval County, Florida.
680 Lots 3, 4, 8, 9 and 10, Block 42, MURRAY HILL HEIGHTS,
681 according to plat thereof as recorded in Plat Book 5,
682 Pages 86 and 86A, Public Records of Duval County,
683 Florida.
684 Lots 1, 2 and 6, except for the Northwest 1.3 feet of
685 Lots 2 and 6, Block 42, MURRAY HILL HEIGHTS, according
686 to plat thereof as recorded in Plat Book 5, Pages 86
687 and 86A, Public Records of Duval County, Florida.
688 The Northwest 80 feet of Lot 1, Block 45, MURRAY HILL
689 HEIGHTS, according to plat thereof as recorded in Plat
690 Book 5, Pages 86 and 86A, Public Records of Duval
691 County, Florida.

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692 The Southeast 50 feet of Lot 8, Block 45, REPLAT OF
693 MURRAY HILL HEIGHTS, according to plat thereof as
694 recorded in Plat Book 5, Pages 86 and 86A, Public
695 Records of Duval County, Florida.
696 The Northwest 110 feet of Lot 8, Block 45, REPLAT OF
697 MURRAY HILL HEIGHTS, according to plat thereof as
698 recorded in Plat Book 5, Pages 86 and 86A, Public
699 Records of Duval County, Florida.
700 The Northwest 43 feet of the Southeast 83 feet of Lot
701 1, Block 44, and the Southeasterly 1/2 of the
702 Southeasterly 1/2 of Lot 1, Block 44, REPLAT OF
703 MURRAY HILL HEIGHTS, according to plat thereof as
704 recorded in Plat Book 5, Pages 86 and 86A, Public
705 Records of Duval County, Florida.
706 Northerly 77 feet of Lot 1, and the Southeasterly 493/4
707 feet of Lot 8, Block 44, MURRAY HILL HEIGHTS,
708 according to plat thereof as recorded in Plat Book 5,
709 Pages 86 and 86A, Public Records of Duval County,
710 Florida.
711 Southeast 60.25 feet of the northwest 110 feet of Lot
712 8, block 44, MURRAY HILL HEIGHTS, according to plat
713 thereof as recorded in Plat Book 5, Pages 86 and 86A,
714 Public Records of Duval County, Florida.
715 The Northerly 50 feet of Lot 8, Block 44, less and
716 except the Westerly 49 feet thereof, REPLAT OF MURRAY

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717 HILL HEIGHTS, according to plat thereof as recorded in
718 Plat Book 5, Pages 86 and 86A, Public Records of Duval
719 County, Florida.
720 The Westerly 49 feet of the Northerly 50 feet of Lot
721 8, Block 44, MURRAY HILL HEIGHTS, according to plat
722 thereof as recorded in Plat Book 5, Pages 86 and 86A,
723 Public Records of Duval County, Florida.
724 The Northwest half of Lot 3 and all of Lots 4 and 5,
725 Block 40, MURRAY HILL HEIGHTS, according to plat
726 thereof as recorded in Plat Book 5, Pages 86 and 86A,
727 Public Records of Duval County, Florida.
728 Lots 6, 7 and 8, Block 40, MURRAY HILL HEIGHTS,
729 according to plat thereof as recorded in Plat Book 5,
730 Pages 86 and 86A, Public Records of Duval County,
731 Florida.
732 Lot 88, Block 36, MURRAY HILL HEIGHTS, according to
733 plat thereof as recorded in Plat Book 5, Pages 86 and
734 86A, Public Records of Duval County, Florida; and that
735 certain triangular lot lying Westerly of Lot 88 in
736 said Block and sometimes designated Lot "W", and being
737 more particularly described as follows: begin at the
738 intersection of the southerly right-of-way line of
739 Post Street (as now established) with the Northerly
740 right-of-way line of Cypress Street (a 60 foot right-
741 of-way as now established); thence Easterly along said

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742 Northerly right-of-way line 101.12 feet to the
743 Westerly line of said Lot 88; thence through an
744 interior angle to the right of 90°84′58″ along said
745 Westerly line, 97.93 feet to the aforesaid right-of-
746 way line of Post Street; thence through an interior
747 angle to the right of 45°52′30″ along said right-of-
748 way line, 140.87 feet to the point of beginning having
749 a closing interior angle to the right of 44°02′32″.
750 Lot 85, 86 and 87 except that part in Post Street,
751 Block 36, REPLAT MURRAY HILL HEIGHTS, according to
752 plat thereof as recorded in Plat Book 5, Pages 86 and
753 86A, Public Records of Duval County, Florida.
754 Lots 15, 16, 17 and 18, Block 39, MURRAY HILL HEIGHTS ,
755 according to plat thereof as recorded in Plat Book 5,
756 Pages 86 and 86A, Public Records of Duval County,
757 Florida.
758 Lots 15, 16, 17 and 18, Block 39, MURRAY HILL HEIGHTS,
759 according to plat thereof as recorded in Plat Book 5,
760 Pages 86 and 86A, Public Records of Duval County,
761 Florida.
762 Lots S and T, JASMINE PLACE, according to the plat
763 thereof as recorded in Plat Book 9, Page 45, Public
764 Records of Duval County, Florida.

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765 Lot C, JASMINE PLACE, according to the plat thereof as
766 recorded in Plat Book 9, Page 45, Public Records of
767 Duval County, Florida.
768 Lot B, JASMINE PLACE, according to the plat thereof as
769 recorded in Plat Book 9, Page 45, Public Records of
770 Duval County, Florida.
771 Lot A, JASMINE PLACE, according to the plat thereof as
772 recorded in Plat Book 9, Page 45, Public Records of
773 Duval County, Florida.
774 The Southeasterly 125 feet of Lots 6 and 7, Block 39,
775 and the Southwest 100 feet of Lot 8, Block 39, REPLAT
776 OF MURRAY HILL HEIGHTS, according to plat thereof as
777 recorded in Plat Book 5, Pages 86 and 86A, Public
778 Records of Duval County, Florida.
779 Lots 4 and 5, Block 39, REPLAT OF MURRAY HILL HEIGHTS,
780 according to plat thereof as recorded in Plat Book 5,
781 Pages 86 and 86A, Public Records of Duval County,
782 Florida.
783 Lot 31, Block 39, REPLAT OF MURRAY HILL HEIGHTS,
784 according to plat thereof as recorded in Plat Book 5,
785 Pages 86 and 86A, Public Records of Duval County,
786 Florida.
787 The Northerly 20 feet of Lot 2, Block 39, and Lot 3,
788 Block 39, REPLAT OF MURRAY HILL HEIGHTS, according to

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789 plat thereof as recorded in Plat Book 5, Pages 86 and
790 86A, Public Records of Duval County, Florida.
791 Lots 1 and 2, Block 39, REPLAT OF MURRAY HILL HEIGHTS,
792 except for the Northeasterly 20 feet of Lot 2,
793 according to plat thereof as recorded in Plat Book 5,
794 Pages 86 and 86A, Public Records of Duval County,
795 Florida.
796 Lots 4, 5 and 6, Block 71, MURRAY HILL HEIGHTS,
797 according to plat thereof as recorded in Plat Book 5,
798 Pages 86 and 86A, Public Records of Duval County,
799 Florida.
800 Lots 1, 2 and 3, Block 71, REPLAT OF MURRAY HILL
801 HEIGHTS, except the Northerly 55.7 feet thereof,
802 according to plat thereof as recorded in Plat Book 5,
803 Pages 86 and 86A, Public Records of Duval County,
804 Florida.
805 The Southeast 25 feet of Lot 28 and all of Lots 29 and
806 30, Block 72, MURRAY HILL HEIGHTS, according to plat
807 thereof as recorded in Plat Book 5, Pages 86 and 86A,
808 Public Records of Duval County, Florida.
809 The Northeast 10 feet of Lots 20, 21 and 22 and all of
810 Lots 23 to 27 and the Northwest 25 feet of Lot 28,
811 Block 72, MURRAY HILL HEIGHTS, according to plat
812 thereof as recorded in Plat Book 5, Pages 86 and 86A,
813 Public Records of Duval County, Florida.

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814 Lots 18 and 19, Block 77, MURRAY HILL HEIGHTS,
815 according to plat thereof as recorded in Plat Book 5,
816 Pages 86 and 86A, Public Records of Duval County,
817 Florida.
818 Lot 17, Block 77, MURRAY HILL HEIGHTS, according to
819 plat thereof as recorded in Plat Book 5, Pages 86 and
820 86A, Public Records of Duval County, Florida.
821 Lots 13, 14 and 15, Block 77, MURRAY HILL HEIGHTS,
822 according to plat thereof as recorded in Plat Book 5,
823 Pages 86 and 86A, Public Records of Duval County,
824 Florida.
825 Lots 10, 11 and 12, Block 77, MURRAY HILL HEIGHTS,
826 according to plat thereof as recorded in Plat Book 5,
827 Pages 86 and 86A, Public Records of Duval County,
828 Florida.
829 Part of Section 20, Township 2 South, Range 26 East ,
830 Duval County, Florida, together with a part of McIver
831 Street (a 20′ +/- right-of-way), closed by City
832 Ordinance 72-28-5, more particularly described as
833 follows: commence at the intersection of the Northerly
834 line of Lenox Avenue (a 60.0 foot right-of-way) with
835 the Easterly line of Edgewood Avenue (as shown on
836 D.O.T. right-of-way Map Section 72500-2601 dated
837 February 26, 1960); Thence North 44 degrees 05 minutes
838 31 seconds West, 121.46 feet, along the Easterly line

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839 of said Edgewood Avenue; Thence North 54 degrees 33
840 minutes 26 seconds East, 49.02 feet, to the point of
841 beginning; Thence continue North 54 degrees 33 minutes
842 26 seconds East, 120.0 feet; Thence South 35 degrees
843 26 minutes 34 seconds East, 92.80 feet; Thence South
844 31 degrees 27 minutes 13 seconds East, 71.87 feet, to
845 the Northerly line of said Lenox Avenue, being in a
846 curve concave to the Northwest and having a radius of
847 924.93 feet; Thence around and along said curve and
848 the Northerly line of said Lenox Avenue, through a
849 central angle of 07 degrees 07 minutes 43 seconds, an
850 arc distance of 115.08 feet (chord bearing and
851 distance of South 54 degrees 56 minutes 55 seconds
852 West, 115.00 feet); Thence North 35 degrees 26 minutes
853 34 seconds West, 163.71 feet, to the point of
854 beginning.
855 That certain tract or parcel of land being a part of
856 Section 20, Township 2 South, Range 26 East, Duval
857 County, Florida, being more particularly described as
858 beginning at the intersection of the Easterly right of
859 way of Edgewood Avenue and the Southerly limited
860 access right of way line of Interstate Highway No. 10
861 (both as now established); thence South 32 degrees 58
862 minutes East, along said Easterly right of way line of
863 Edgewood Avenue 155.79 feet; thence South 45 degrees

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864 20 minutes 54 seconds East, continuing along said
865 Easterly right of way line of Edgewood Avenue 81.85
866 feet; thence North 8 degrees 04 minutes 55 seconds
867 West, 255.71 feet to a point in said southerly limited
868 access right of way line of Interstate Highway No. 10;
869 thence South 58 degrees 45 minutes 23 seconds West
870 along said Southerly limited access right of way of
871 Interstate Highway No. 10, 125.21 feet to the Point of
872 Beginning.
873
874 (7) The Springfield Commercial Area includes the following
875 properties in the City of Jacksonville, Duval County, Florida:
876
877 The West 80 feet of Lots 3 and 4, Block 62, NEW
878 SPRINGFIELD, according to the plat thereof recorded in
879 Plat Book 3, Page 12, Public Records of Duval County,
880 Florida.
881 The West 80 feet of Lot 1, Block 61, NEW SPRINGFIELD,
882 and the 5 foot strip adjoining the Western boundary of
883 Lot 1, Block 61, NEW SPRINGFIELD, according to the
884 plat thereof recorded in Plat Book 3, Page 12, Public
885 Records of Duval County, Florida.
886 The West 80 feet of Lot 1, together with the East one -
887 half of the closed alley lying Westerly thereof, in
888 Block 61, NEW SPRINGFIELD, according to the plat

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889 thereof recorded in Plat Book 3, Page 12, Public
890 Records of Duval County, Florida.
891 The West 80 feet of Lots 3 and 4, Block 61, NEW
892 SPRINGFIELD, according to the plat thereof recorded in
893 Plat Book 3, Page 12, Public Records of Duval County,
894 Florida, together with the Easterly 241/2 feet of Lot
895 14, Block 7, according to plat recorded in Plat Book
896 2, Page 98, Public Records of Duval County, Florida,
897 and the 141/2 feet next adjoining said Lot 14 on the
898 East as more particularly described in Deed Book 1377,
899 Page 3, Public Records of Duval County, Florida.
900 Lots 1 and 2, except the East 20 feet thereof, in
901 Block 60, NEW SPRINGFIELD, according to the plat
902 thereof recorded in Plat Book 3, Page 12, Public
903 Records of Duval County, Florida, and a portion of
904 Block 12 of LINDSLEY'S SUBDIVISION, of Lot 3 of
905 Section 1 in Township 2 South Range 26 East, according
906 to plat thereof at Page 98, Plat Book 2, and land
907 hereby conveyed being more particularly described as
908 follows: Beginning at the intersection of the South
909 line of West 18th Street and the West line of Main
910 Street, as now existing; running thence Westerly along
911 the South line of said West 18th Street 108 feet;
912 running thence South parallel with the West line of
913 Main Street 105 feet; running thence Easterly parallel

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914 with the South line of West 18th Street 108 feet to
915 the West line of Main Street as now existing; running
916 thence Northerly along the said West line of Main
917 Street 105 feet to the point of beginning.
918 All of Lots 3 and 4, Block 60, NEW SPRINGFIELD,
919 according to the plat thereof recorded in Plat Book 3,
920 Page 12, Public Records of Duval County, Florida. Also
921 beginning at a point of the North line of 17th Street,
922 said point being located 300 feet East of Northeast
923 corner of Laura and 17th Street; thence Easterly along
924 said North line of 17th Street for a distance of 27
925 feet 9 inches to the West line of said Lot 4, Block
926 60, NEW SPRINGFIELD; thence Northerly along the West
927 line of said Lots 3 and 4, Block 60, NEW SPRINGFIELD,
928 for a distance of 105 feet; thence Westerly on a line
929 parallel to 17th Street for a distance of 27 feet 9
930 inches to a point that is 300 feet East of the East
931 line of Laura Street; thence Southerly on a line
932 parallel to Laura Street for a distance of 105 feet to
933 a place of beginning, being a part of Block 12 of
934 LINDSLEY'S SUBDIVISION of Lot 3, Section 1, Township 2
935 South, Range 26 East, according to plat recorded in
936 Plat Book 2, Page 98 of the current public records of
937 Duval County, Florida.

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938 Lots 12, 13, and 14 of Block 13, Lindley's
939 Subdivision, as recorded in Plat Book 2, page 98, of
940 the Public Records of Duval County, Florida, together
941 with Lots 1, 2, 3, and 4, except the east 20 feet
942 conveyed to City of Jacksonville, Block 59 of New
943 Springfield Subdivision as recorded in Plat Book 3,
944 page 12, of said Public Records, and Lots 17, 18, and
945 19 of Block 13, G. S. Young's Subdivision, recorded in
946 Plat Book 5, page 23, said Public Records, and all of
947 the 10 foot alley lying easterly of the southerly
948 extension of the west line of said Lot 19, Block 13,
949 of G.S. Young's Subdivision, as closed by Ordinance
950 2008-167-E and recorded in Official Records Book
951 14462, page 488, said Public Records, and together
952 with a part of Section 1, Township 2 South, Range 2 6
953 East, Duval County, Florida, and being more
954 particularly described as follows: For a Point of
955 Beginning commence at a 5/8″ rebar (Cap LB6110) at the
956 northwest corner of said Lot 19, Block 13, G.S.
957 Young's Subdivision; thence North 89 degrees 42
958 minutes 55 seconds East, along the south right of way
959 line of Seventeenth Street West (a 50 foot right of
960 way), a distance of 202.99 feet to a 1/2″ iron pipe
961 (Cap LB3672) on the current west right of way line of
962 Main Street (U.S. Highway No. 17, a 100 foot right of

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963 way); thence South 01 degrees 45 minutes 05 seconds
964 East, along said west right of way line, a distance of
965 210.00 feet to an "X" cut on the north right of way
966 line of Sixteenth Street West (a 50 foot right of
967 way); thence South 89 degrees 42 minutes 55 seconds
968 West, along said north right way line, a distance of
969 251.24 feet to a 5/8″ rebar (Cap LB6110) on said west
970 line of said Lot 12, Block 13, Lindley's Subdivision;
971 thence North 01 degrees 45 minutes 05 seconds West,
972 along the west line of said Lot 12, a distance of 100
973 feet to a 1/2″ iron pipe (Cap LB3672) on the south
974 line of the 10 foot alley in said Block 13; thence
975 North 89 degrees 42 minutes 55 seconds East, along
976 said south line of alley, a distance of 48.19 feet to
977 a 1/2″ iron pipe (Cap LB3672) at its intersection with
978 a southerly projection of the west line of said Lot
979 19, Block 13, G. S. Young's Subdivision; thence North
980 01 degrees 45 minutes 05 seconds West, along said west
981 line of Lot 19 and its southerly projection, a
982 distance of 110.00 feet to the Point of Beginning.
983 Lots 1 and 2 and fractional part of Lot West thereof,
984 Block 58, NEW SPRINGFIELD, according to plat thereof
985 recorded in Plat Book 3, Page 12, Public Records of
986 Duval County, Florida.

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987 Lots 3 and 4 and the North 36/100 feet of Lot 5,
988 excepting therefrom the East 20 feet of each Lot, and
989 together with the unnumbered Lots lying West of and
990 adjacent to said Lots 3, 4 and 5, Block 58, NEW
991 SPRINGFIELD, according to plat thereof recorded in
992 Plat Book 3, Page 12, Public Records of Duval County,
993 Florida.
994 Part of Lot 6, Block 58, NEW SPRINGFIELD, and
995 fractional lot to the West thereof, according to plat
996 thereof recorded in Plat Book 3, Page 12, Public
997 Records of Duval County, Florida, described as:
998 beginning at the southeast corner of Lot 6, Block 58,
999 NEW SPRINGFIELD, and run thence north along the west
1000 line of Main Street a distance of 25 feet to a point;
1001 run thence West along a line parallel to the north
1002 line of Lemain Court Road, a distance of 123 feet to
1003 the east line of Charlevoix Street, run thence
1004 Southwesterly along the east line of Charlevoix Street
1005 to the point of intersection of the east line of
1006 Charlevoix Street with the north line of Lemain Court
1007 Road; thence run east along the North line of Lemain
1008 Court Road, a distance of 124 feet to the point of
1009 beginning, less the easterly 20 feet thereof conveyed
1010 to the City of Jacksonville by Deed recorded in Deed

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1011 Book 327, Page 18, Public Records of Duval County,
1012 Florida.
1013 Lots 1, 2 and 3 (except the East 20.0 feet thereof)
1014 and the unnumbered lots lying Westerly thereof, Block
1015 57, NEW SPRINGFIELD, according to plat thereof
1016 recorded in Plat Book 3, Page 12, Public Records of
1017 Duval County, Florida, together with that part of
1018 Charlevoix Street lying Westerly of and adjacent to
1019 the above described lands and closed by Jacksonville
1020 City Ordinance S-77.
1021 Part of the Flora A Clark property described in Deed
1022 Book AF, Page 735, former public records of Duval
1023 County, Florida, being a part of Lot 3, Section 1,
1024 Township 2 South, Range 26 East, and more particularly
1025 described as beginning at an iron monument at the
1026 intersection of the East line of Laura Street, and the
1027 North line of the right of way of St. Johns River
1028 Terminal Company, running thence Northerly along the
1029 east line of Laura Street 144.01 feet to an iron
1030 monument; thence running south 89 degrees, 14 minutes
1031 east 290.1 feet to an iron monument along the westerly
1032 line of the Old Panama Mill Road; running thence South
1033 2 degrees, 31 minutes west along the Westerly boundary
1034 of said Old Panama Mill Road 217 feet to an iron
1035 monument in the Northerly boundary line of said St.

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1036 Johns River Terminal Company right of way; thence
1037 running Northwesterly along the northern boundary of
1038 said right of way to the point of beginning.
1039 East 100 feet lying North of 12th Street, Block 14, 2-
1040 4 Springfield, Lot 6, Block 140, Warren, according to
1041 plat recorded in Plat Book AO, Page 240, Public
1042 Records of Duval County, Florida, as reflected in Deed
1043 Book 05765, Page 0558.
1044 A part of Lots 2 and 3, Block 14, Warren's
1045 Subdivision, as recorded in Deed Book AO, Page 240 of
1046 the former public records of Duval County, Florida,
1047 being more particularly described as follows: For a
1048 point of beginning, commence at the intersection of
1049 the southerly right of way line of 12th Street as now
1050 established as a 60 foot right of way with the
1051 westerly right of way line of Main Street; thence
1052 South 01 degrees 35 minutes 30 seconds East, along
1053 said westerly right of way line, a distance of 106.00
1054 feet; thence South 89 degrees 17 minutes 28 seconds
1055 West, a distance of 100.10 feet; thence North 01
1056 degrees 33 minutes 46 seconds West, along the line
1057 dividing the aforementioned Warren's Subdivision from
1058 Springfield as recorded in Plat Book 2, page 40, of
1059 said current public records, a distance of 106.00 feet
1060 to the aforementioned southerly right of way line of

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1061 12th Street; thence North 89 degrees 17 minutes 28
1062 seconds East, along said southerly right of way line,
1063 a distance of 100.04 feet to the point of beginning
1064 according to survey prepared by Charles Bassett &
1065 Associates, Inc., dated August 7, 1981.
1066 The East 100 feet of the South 1/2 of Block 14,
1067 Warren Subdivision, lying north of 11th Street and
1068 south of 12th Street, as recorded in Deed Book AO,
1069 Page 240, former Public Records of Duval County,
1070 Florida.
1071 Part of Blocks 1 and 14, Warren, as recorded in Deed
1072 Book AO, Page 240, former Public Records of Duval
1073 County, Florida, and a part of the west 11th Street
1074 closed by Ordinance R 102 - Deed Book 276, Page 433,
1075 current Public Records of said county, more
1076 particularly described as: Begin at the intersection
1077 of the westerly line of Main Street (a 100 foot right
1078 of way) and the southerly line of West 11th (a 60 foot
1079 right of way) both as now established; thence
1080 southerly along the westerly line of said Main Street ,
1081 212.02 feet to the northerly line of Cottage Avenue as
1082 now established for a width of 60 feet; thence
1083 Westerly along the northerly line of said Cottage
1084 Avenue, 100; thence northerly 211.77 feet to a point
1085 in the southerly line of said West 11th Street that is

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1086 100 feet westerly of the point of beginning; thence
1087 easterly along the southerly line of said West 11th
1088 Street, 100 feet to the point of beginning; excepting
1089 the property described in Deed Book 903, Page 452,
1090 Public Records of Duval County, Florida.
1091 The East 100′ of the South 9.7′ of Lot 2, Block 1
1092 Warren and the East 100′ of the North 89′ Lot 3, Block
1093 1 Warren, according to plat recorded in Plat Book AO,
1094 Page 240, Public Records of Duval County, Florida.
1095 East 100 Feet of North 44.5 feet Lot 4, South 11 feet
1096 of East 100 feet Lot 3, Block 1, Warren, according to
1097 plat recorded in Plat Book AO, Page 240, Public
1098 Records of Duval County, Florida, as reflected in Deed
1099 Book 05699, Page 01926.
1100 North 1/2 of the South 551/2 feet of the East 100
1101 feet of Lot 4, Block 1, Warren, according to plat
1102 thereof recorded in Deed Book AO, Page 240, former
1103 Public Records of Duval County, Florida.
1104 South 1/2 of the South 551/2 feet of the East 100
1105 feet of Lot 4, Block 1, Warren, according to plat
1106 thereof recorded in Deed Book AO, Page 240, former
1107 Public Records of Duval County, Florida.
1108 Part of an unnumbered block sometimes referred to as
1109 Block 114, Springfield, according to the plat thereof
1110 recorded in Plat Book 2, Page 5, current public

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1111 records of Duval County, Florida, described as: being
1112 at the intersection of Westerly line of Main Street
1113 and Northerly line of West 10th Street; thence North 5
1114 degrees 17 minutes East 54.64 feet along the Westerly
1115 line of said Main Street to the North line of Hogan
1116 Donation; thence South 89 degrees 21 minutes West
1117 102.4 feet along the North line of Hogan Donation to
1118 an iron in the Easterly line of Lot 7, Block 122,
1119 Springfield Northern Portion recorded in Plat Book 2,
1120 Page 40, thence South 1 degree 14 minutes West 44.16
1121 feet along the Easterly line of said Lot 7 of the
1122 Northerly line of West 10th Street; thence South 84
1123 degrees 44 minutes East, 98.73 feet, along West 10th
1124 Street to the point of beginning.
1125 Lot 9 and the North 1/2 of Lot 10, Block 58, WEST
1126 SPRINGFIELD, according to plat thereof recorded in
1127 Plat Book 2, Page 5, Public Records of Duval County,
1128 Florida.
1129 Southern 1/2 of Lot 10, and Lot 11, Block 58,
1130 SPRINGFIELD, according to plat thereof recorded in
1131 Plat Book 2, Page 4, Public Records of Duval County,
1132 Florida.
1133 Lot 12 except the Southern 1/2, Block 58, SPRINGFIELD,
1134 according to plat thereof recorded in Plat Book 2,
1135 Page 4, Public Records of Duval County, Florida.

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1136 Southern 1/2 of Lot 12, Block 58, SPRINGFIELD,
1137 according to plat thereof recorded in Plat Book 2,
1138 Page 4, Public Records of Duval County, Florida.
1139 Lots 13 and 14, Block 58, SPRINGFIELD, according to
1140 plat thereof recorded in Plat Book 2, Page 4, Public
1141 Records of Duval County, Florida.
1142 The East 85 feet of the South 29 feet, 8 inches of Lot
1143 13, and the East 85 feet of Lot 14, all in Block 50,
1144 SPRINGFIELD, according to plat thereof recorded in
1145 Plat Book 2, Page 4-5, Public Records of Duval County,
1146 Florida.
1147 The South 29 feet 8 inches of the West 40 feet of Lot
1148 13 and the West 40 feet of Lot 14, Block 50,
1149 SPRINGFIELD, according to plat thereof recorded in
1150 Plat Book 2, Page 5, Public Records of Duval County,
1151 Florida.
1152 Lot 15, Block 50, EAST SPRINGFIELD, according to plat
1153 thereof recorded in Plat Book 2, Page 4, Public
1154 Records of Duval County, Florida.
1155 Lot 16, Block 50, EAST SPRINGFIELD, according to plat
1156 thereof recorded in Plat Book 2, Page 4, Public
1157 Records of Duval County, Florida.
1158 The East 1/2 of Lot 1, and the South 1/2 of Lot 2,
1159 Block 50, SPRINGFIELD, according to plat thereof

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1160 recorded in Plat Book 2, Page 5, Public Records of
1161 Duval County, Florida.
1162 The West 1/2 of Lot 1, Block 50, SPRINGFIELD,
1163 according to plat thereof recorded in Plat Book 2,
1164 Pages 4-5, Public Records of Duval County, Florida.
1165 The East 1/2 of Lot 14 and the South 18 feet of the
1166 East 1/2 of Lot 13, Block 49, SPRINGFIELD, according
1167 to plat thereof recorded in Plat Book 2, Page 4,
1168 Public Records of Duval County, Florida.
1169 West 1/2 of Lot 14 and the South 18 feet of the West
1170 1/2 of Lot 13, Block 49, SPRINGFIELD, according to
1171 plat thereof recorded in Plat Book 2, Page 5, Public
1172 Records of Duval County, Florida.
1173 Lot 15, Block 49, WEST SPRINGFIELD, according to plat
1174 thereof recorded in Plat Book 2, Page 5, Public
1175 Records of Duval County, Florida, except part recorded
1176 in Official Records 2537, Page 395.
1177 East 1/2 of Lot 16, Block 49, SPRINGFIELD, according
1178 to plat thereof recorded in Plat Book 2, Page 5,
1179 Public Records of Duval County, Florida.
1180 West 1/2 of Lot 16, Block 49, SPRINGFIELD, according
1181 to plat thereof recorded in Plat Book 2, Page 5,
1182 Public Records of Duval County, Florida.

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1183 Lot 1, Block 49, SPRINGFIELD, according to plat
1184 thereof recorded in Plat Book 2, Page 5, Public
1185 Records of Duval County, Florida.
1186 Lot 6 and North 1/2 Lot 5, Block 41, SPRINGFIELD,
1187 according to plat thereof recorded in Plat Book 2,
1188 Page 4-5, Public Records of Duval County, Florida.
1189 West 1/2 of Lot 7, Block 41, SPRINGFIELD, according
1190 to plat thereof recorded in Plat Book 2, Page 5,
1191 Public Records of Duval County, Florida.
1192 East 1/2 of Lot 7, Block 41, SPRINGFIELD, according
1193 to plat thereof recorded in Plat Book 2, Page 5,
1194 Public Records of Duval County, Florida.
1195 East 60 feet of Lot 8, Block 41, SPRINGFIELD,
1196 according to plat thereof recorded in Plat Book 2,
1197 Page 5, Public Records of Duval County, Florida.
1198 West 42 1/2 feet Lot 9, Block 41, SPRINGFIELD,
1199 according to plat thereof recorded in Plat Book 2,
1200 Page 5, Public Records of Duval County, Florida.
1201 North 34.83 feet of the East 82.5 feet of Lot 9, Block
1202 41, SPRINGFIELD, according to plat thereof recorded in
1203 Plat Book 2, Page 5, Public Records of Duval County,
1204 Florida.
1205 South 34.83 feet of the East 82.5 feet of Lot 9, Block
1206 41, SPRINGFIELD, according to plat thereof recorded in

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1207 Plat Book 2, Page 5, Public Records of Duval County,
1208 Florida.
1209 Northeast 1/2 of Lot 10, Block 41, WEST SPRINGFIELD,
1210 according to plat thereof recorded in Plat Book 2,
1211 Page 5, Public Records of Duval County, Florida.
1212 South 34.83 feet of Lot 10, Block 41, SPRINGFIELD,
1213 according to plat thereof recorded in Plat Book 2,
1214 Page 5, Public Records of Duval County, Florida.
1215 North 1/2 of Lot 5 and Lot 6, Block 42, SPRINGFIELD,
1216 according to plat thereof recorded in Plat Book 2,
1217 Page 5, Public Records of Duval County, Florida.
1218 Lot 9, Block 42, SPRINGFIELD, according to plat
1219 thereof recorded in Plat Book 2, Page 5, Public
1220 Records of Duval County, Florida.
1221 North 32 feet of Lot 10, Block 42, SPRINGFIELD,
1222 according to plat thereof recorded in Plat Book 2,
1223 Page 5, Public Records of Duval County, Florida.
1224 Lot 6, Block 43, SPRINGFIELD, according to plat
1225 thereof recorded in Plat Book 2, Page 5, Public
1226 Records of Duval County, Florida.
1227 North 28 feet of Lot 5, Block 43, SPRINGFIELD,
1228 according to plat thereof recorded in Plat Book 2,
1229 Page 5, Public Records of Duval County, Florida.

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1230 Lot 9, Block 43, SPRINGFIELD, according to plat
1231 thereof recorded in Plat Book 2, Page 5, Public
1232 Records of Duval County, Florida.
1233 Lot 10, Block 43, SPRINGFIELD, according to plat
1234 thereof recorded in Plat Book 2, Page 5, Public
1235 Records of Duval County, Florida.
1236 Lot 11, Block 43, SPRINGFIELD, according to plat
1237 thereof recorded in Plat Book 2, Page 4-5, Public
1238 Records of Duval County, Florida.
1239 Lot 12, Block 43, SPRINGFIELD, according to plat
1240 thereof recorded in Plat Book 2, Page 5, Public
1241 Records of Duval County, Florida.
1242 Lot 13, Block 43, SPRINGFIELD, according to plat
1243 thereof recorded in Plat Book 2, Page 5, Public
1244 Records of Duval County, Florida.
1245 Lot 14, Block 43, SPRINGFIELD, according to plat
1246 thereof recorded in Plat Book 2, Page 5, Public
1247 Records of Duval County, Florida.
1248 East 41 feet of Lot 15 (except North 103 feet), Block
1249 43, SPRINGFIELD, according to plat thereof recorded in
1250 Plat Book 2, Page 5, Public Records of Duval County,
1251 Florida.
1252 West 31 feet of Lot 15 except the North 103.3 feet,
1253 Block 43, SPRINGFIELD, according to plat thereof

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1254 recorded in Plat Book 2, Page 5, Public Records of
1255 Duval County, Florida.
1256 North 103 feet of Lot 15, Block 43, SPRINGFIELD,
1257 according to plat thereof recorded in Plat Book 2,
1258 Page 5, Public Records of Duval County, Florida.
1259 Lot 16, Block 43, SPRINGFIELD, according to plat
1260 thereof recorded in Plat Book 2, Page 5, Public
1261 Records of Duval County, Florida.
1262 Lot 9, Block 34, SPRINGFIELD, according to plat
1263 thereof recorded in Plat Book 2, Page 5, Public
1264 Records of Duval County, Florida.
1265 North 1/2 of Lot 10, Block 34, SPRINGFIELD, according
1266 to plat thereof recorded in Plat Book 2, Page 5,
1267 Public Records of Duval County, Florida.
1268 South 1/2 of Lot 10, Block 34, SPRINGFIELD, according
1269 to plat thereof recorded in Plat Book 2, Page 5,
1270 Public Records of Duval County, Florida.
1271 North 1/2 of Lot 11, Block 34, SPRINGFIELD, according
1272 to plat thereof recorded in Plat Book 2, Page 5,
1273 Public Records of Duval County, Florida.
1274 South 1/2 of Lot 11, Block 34, SPRINGFIELD, according
1275 to plat thereof recorded in Plat Book 2, Page 5,
1276 Public Records of Duval County, Florida.
1277 Lot 12 and North 1/2 of Lot 13, Block 34,
1278 SPRINGFIELD, according to plat thereof recorded in

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1279 Plat Book 2, Page 5, Public Records of Duval County,
1280 Florida.
1281 South 1/2 of Lot 13, Block 34, SPRINGFIELD, according
1282 to plat thereof recorded in Plat Book 2, Page 5,
1283 Public Records of Duval County, Florida.
1284 East 75 feet of Lot 14, Block 34, SPRINGFIELD,
1285 according to plat thereof recorded in Plat Book 2,
1286 Page 5, Public Records of Duval County, Florida.
1287 West 35 feet of the East 92 feet of Lot 14, Block 34,
1288 SPRINGFIELD, according to plat thereof recorded in
1289 Plat Book 2, Page 4, Public Records of Duval County,
1290 Florida.
1291 West 34 feet of Lot 14, Block 34, except 60.80 feet,
1292 SPRINGFIELD, according to plat thereof recorded in
1293 Plat Book 2, Page 4, Public Records of Duval County,
1294 Florida.
1295 South 60.80 feet of the West 17.33 feet of Lot 14,
1296 Block 34, SPRINGFIELD, according to plat thereof
1297 recorded in Plat Book 2, Page 4, Public Records of
1298 Duval County, Florida.
1299 Northeast 1/4 of the Northeast 1/4 of Block 27,
1300 SPRINGFIELD, according to plat thereof recorded in
1301 Plat Book 2, Page 5, Public Records of Duval County,
1302 Florida.

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1303 North 1/2 of Lots 7 and 8, and a strip off the West
1304 end of Lot 7, 10 feet by 105 feet, Block 27,
1305 SPRINGFIELD, Map Book 2, Page 878, Public Records of
1306 Duval County, Florida.
1307 South 511/2 feet of the East 199 feet of the North 209
1308 feet of Block 27, SPRINGFIELD, according to plat
1309 thereof as recorded in Deed Book Q, Page 878, former
1310 Public Records of Duval County, Florida.
1311 Lot 12, Block 27, SPRINGFIELD, according to plat
1312 thereof recorded in Plat Book 2, Page 4, Public
1313 Records of Duval County, Florida.
1314 Lot 14, together with the South 47.7 feet of Lot 13,
1315 Block 27, SPRINGFIELD, according to plat thereof
1316 recorded in Plat Book 2, Page 5, Public Records of
1317 Duval County, Florida.
1318 Lot 1 and the South 5 feet of Lot 2, Hoyt's
1319 subdivision of Lots 15 and 16, Block 27, SPRINGFIELD,
1320 according to plat thereof recorded in Plat Book 7,
1321 Page 20, Public Records of Duval County, Florida.
1322 Lot 2, less the South 5 feet of Lot 2, Hoyt's
1323 subdivision of Lots 15 and 16, Block 27, SPRINGFIELD,
1324 according to plat thereof recorded in Plat Book 7,
1325 Page 20, Public Records of Duval County, Florida.
1326 North 34 feet of Lot 2, and South 34.5 feet of Lot 3,
1327 Hoyt's subdivision of Lots 15 and 16, Block 27,

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1328 SPRINGFIELD, according to plat thereof recorded in
1329 Plat Book 7, Page 20, Public Records of Duval County,
1330 Florida.
1331 South 34.5 feet of Lot 3, Hoyt's subdivision of Lots
1332 15 and 16, Block 27, SPRINGFIELD, according to plat
1333 thereof recorded in Plat Book 7, Page 20, Public
1334 Records of Duval County, Florida.
1335 North 5.5 feet of Lot 3 and all of Lot 4 of the Hoyt's
1336 subdivision of Block 27, SPRINGFIELD, according to
1337 plat thereof recorded in Plat Book 7, Page 20, Public
1338 Records of Duval County, Florida.
1339 Lot 9 and the South 4 feet of Lot 8, Hoyt's
1340 subdivision of Lots 15 and 16, Block 27, SPRINGFIELD,
1341 according to plat thereof recorded in Plat Book 7,
1342 Page 20, Public Records of Duval County, Florida.
1343 North 36 feet of Lot 8, Hoyt's subdivision of Lots 15
1344 and 16, Block 27, SPRINGFIELD, according to plat
1345 thereof recorded in Plat Book 7, Page 20, Public
1346 Records of Duval County, Florida.
1347 North 36 feet of Lot 8 and all of Lot 7, and the South
1348 2 feet of Lot 6, Hoyt's subdivision of Lots 15 and 16,
1349 Block 27, SPRINGFIELD, according to plat thereof
1350 recorded in Plat Book 7, Page 20, Public Records of
1351 Duval County, Florida.

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1352 North 39 feet of Lot 6, Hoyt's subdivision of Lots 15
1353 and 16, Block 27, SPRINGFIELD, according to plat
1354 thereof recorded in Plat Book 7, Page 20, Public
1355 Records of Duval County, Florida.
1356 Lot 5 and the North 39 feet of Lot 6, Hoyt's
1357 subdivision of Lots 15 and 16, Block 27, SPRINGFIELD,
1358 according to plat thereof recorded in Plat Book 7,
1359 Page 20, Public Records of Duval County, Florida.
1360 Lot 7, Block 27, SPRINGFIELD, according to plat
1361 thereof recorded in Plat Book 2, Page 4-5, Public
1362 Records of Duval County, Florida.
1363 Lot 9, Block 18, SPRINGFIELD, according to plat
1364 thereof recorded in Plat Book 2, Page 5, Public
1365 Records of Duval County, Florida, together with the
1366 East 1/2 of the closed alley adjoining said lots to
1367 the West, closed by Ordinance FF-261.
1368 Lots 12, 13, 14, Block 18, SPRINGFIELD, according to
1369 plat thereof recorded in Plat Book 2, Page 5, Public
1370 Records of Duval County, Florida, together with the
1371 East 1/2 of the closed alley adjoining said lots to
1372 the West, closed by Ordinance FF-261.
1373 Lot 15, Block 18, SPRINGFIELD, according to plat
1374 thereof recorded in Plat Book 2, Page 5, Public
1375 Records of Duval County, Florida, together with the
1376 South 1/2 of the closed alley closed by Ordinance FF-

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1377 261 lying Northerly of and adjacent to the Northerly
1378 line of the lands described in O.R. Book 2456, Page
1379 1083, Public Records of Duval County, Florida.
1380 Lot 16, Block 18, SPRINGFIELD, according to plat
1381 thereof recorded in Plat Book 2, Page 4-5, Public
1382 Records of Duval County, Florida.
1383 Lots 7, 8 and 16, Block 18, SPRINGFIELD, according to
1384 plat thereof recorded in Plat Book 2, Page 4-5, Public
1385 Records of Duval County, Florida, together with the
1386 North 1/2 and West 1/2 of the closed alley adjoining
1387 said Lot 7 to the South and 8 to the East, and the
1388 South 1/2 of the closed alley adjoining said Lot 16
1389 to the North, all closed by Ordinance FF-261.
1390 Lots 9 and 10, Block 11, SPRINGFIELD, according to
1391 plat thereof recorded in Plat Book 2, Page 5, Public
1392 Records of Duval County, Florida.
1393 North 39.66 feet of Lot 11, Block 11, SPRINGFIELD,
1394 according to plat thereof recorded in Plat Book 2,
1395 Page 5, Public Records of Duval County, Florida.
1396 South 30 feet of Lot 11, Block 11, SPRINGFIELD,
1397 according to plat thereof recorded in Plat Book 2,
1398 Page 5, Public Records of Duval County, Florida.
1399 North 36 feet of Lot 12, Block 11, SPRINGFIELD,
1400 according to plat thereof recorded in Plat Book 2,
1401 Page 5, Public Records of Duval County, Florida.

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1402 South 33 feet, 8 inches of Lot 12, Block 11,
1403 SPRINGFIELD, according to plat thereof recorded in
1404 Deed Book Q, Page 878, former Public Records of Duval
1405 County, Florida; and Part of Lot 13, Block 11,
1406 SPRINGFIELD, according to the Springfield Company's
1407 plat of Hogan's Donation, Plat Book 1, Page 14, former
1408 Public Records of Duval County, Florida, described as:
1409 beginning at the Northeast corner of said Lot 13, on
1410 the Western line of Main Street; running thence
1411 Westerly along the North line of said Lot 13, 125 feet
1412 to an alley, being the Northwest corner of said lot,
1413 thence South on line parallel with Main Street 40 feet
1414 7 inches; thence East on line parallel with the first
1415 mentioned line 42 feet; thence South on line parallel
1416 with Main Street, 9.3 feet; thence East on a line
1417 parallel with first line 83 feet to Main Street;
1418 thence North along West side of Main Street 50 feet
1419 more or less to point of beginning.
1420 Part of Lot 13, recorded in Deed Book 697, Page 170,
1421 and West 50 feet of Lot 14, recorded in Deed Book 105,
1422 Page 153, Block 11, SPRINGFIELD, according to plat
1423 thereof as recorded in Plat Book 2, Page 5, Public
1424 Records of Duval County, Florida; and part of Lots 13
1425 and 14, Block 11, SPRINGFIELD, beginning at the
1426 Southeast corner of said Lot 14, being the Northwest

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1427 corner of Third and Main Streets, running thence
1428 Northerly along West line of Main Street, 89.45 feet
1429 to the North side of brick wall, thence Westerly along
1430 the Northerly side of said brick wall and parallel to
1431 Third Street 75 feet, thence Southerly parallel to
1432 Main Street 89.45 feet to the Northerly line of Third
1433 Street, thence Easterly along the Northerly line of
1434 Third Street, 75 feet to the point of beginning.
1435 Lot 9, Block 3, SPRINGFIELD, according to plat thereof
1436 recorded in Plat Book 2, Page 4-5, Public Records of
1437 Duval County, Florida.
1438 Lot 10, Block 3, SPRINGFIELD, according to plat
1439 thereof recorded in Plat Book 2, Page 4-5, Public
1440 Records of Duval County, Florida.
1441 Lot 11, Block 3, SPRINGFIELD, according to plat
1442 thereof recorded in Plat Book 2, Page 4-5, Public
1443 Records of Duval County, Florida.
1444 Lot 12, Block 3, SPRINGFIELD, according to plat
1445 thereof recorded in Plat Book 2, Page 5, Public
1446 Records of Duval County, Florida.
1447 North 28 feet of Lot 13, Block 3, SPRINGFIELD,
1448 according to plat thereof recorded in Plat Book 2,
1449 Page 4-5, Public Records of Duval County, Florida.

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1450 South 41.66 feet of Lot 13, Block 3, SPRINGFIELD,
1451 according to plat thereof recorded in Plat Book 2,
1452 Page 4, Public Records of Duval County, Florida.
1453 Lot 14, Block 3, SPRINGFIELD, according to plat
1454 thereof recorded in Plat Book 2, Page 4-5, Public
1455 Records of Duval County, Florida.
1456 Lots 15 and 16, Block 3, SPRINGFIELD, according to
1457 plat thereof recorded in Plat Book 2, Page 4-5, Public
1458 Records of Duval County, Florida, together with the
1459 South 1/2 of closed alley lying North of Lots 15 and
1460 16, Block 3, SPRINGFIELD, closed by Ordinance 84-950-
1461 584.
1462 All of Lots 8, 9, 10 and 11, together with that part
1463 of Lot 15 lying west of Lot 8 and North of the
1464 Westerly projection of the Southerly line of Lot 8,
1465 together with the North 1/2 of the closed alley lying
1466 south of Lot 9 and all of the closed alley lying east
1467 of Lot 9, all within Block 2, SPRINGFIELD, recorded in
1468 Plat Book 1, Page 144, former public records of Duval
1469 County, Florida.
1470 All of Lots 12, 13 and 16; part of that certain
1471 unnumbered lot sometimes referred to as Lot 15 lying
1472 Westerly and adjacent to said Lots 12 and 16; part of
1473 a 12 foot alley closed by Ordinance FF-350 lying
1474 Westerly of and adjacent to said unnumbered lot and

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1475 Southerly of a Westerly projection of the Northerly
1476 line of said Lot 12; and that part of the South 1/2
1477 of that certain 12 foot alley closed by Ordinance DD-
1478 130 lying Northerly of and adjacent to said Lot 13;
1479 all being part of Block 2, SPRINGFIELD, according to
1480 plat thereof recorded in Plat Book 2, Page 4-5, Public
1481 Records of Duval County, Florida.
1482 Lots 7 and 14, Block 2, SPRINGFIELD, according to plat
1483 thereof recorded in Plat Book 2, Page 5, Public
1484 Records of Duval County, Florida.
1485 All of Block 137 of Hart's Map of Jacksonville bounded
1486 North by Orange Street, East by Ocean Street, South by
1487 State Street and West by Main Street, excepting part
1488 of Lot 1, acquired by Duval County and Florida State
1489 Improvement Commission by Order of Taking recorded in
1490 Official Records Book 165, Page 465.
1491 Lots 1, 2 and 3, Hart's Map of Jacksonville, Duval
1492 County, Florida.
1493 The North 302/3 feet of the South 105 feet of the West
1494 105 feet of Lot 4, Block 97, SPRINGFIELD, according to
1495 plat thereof as recorded in Plat Book 2, page 4, of
1496 the current public records of Duval County, Florida.
1497 The West 52 feet of the East 104 feet of the South 1/2
1498 of Lot 4, Block 97, SPRINGFIELD, according to plat

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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 1561 2023

1499 thereof as recorded in Plat Book 2, page 4, of the
1500 current public records of Duval County, Florida.
1501 Lot 1 and the South 2.83 feet of Lot 2, Block 111,
1502 EAST SPRINGFIELD, according to the plat thereof
1503 recorded in Plat Book 2, Page 4, Public Records of
1504 Duval County, Florida.
1505 The Northerly 67.00 feet of Lot 2, Lot 3 and the South
1506 1/2 of Lot 4, Block 111, EAST SPRINGFIELD, according
1507 to the plat thereof recorded in Plat Book 2, Page 4,
1508 Public Records of Duval County, Florida.
1509 The North 1/2 of Lot 4, Block 111, SPRINGFIELD,
1510 according to the plat thereof recorded at Plat Book 2,
1511 Page 4, Public Records of Duval County, Florida.
1512 Lots 5 and 6, Block 111, SPRINGFIELD, according to the
1513 plat thereof recorded at Plat Book 2, Page 4, Public
1514 Records of Duval County, Florida.
1515 Lot 8, Block 111, SPRINGFIELD, according to the plat
1516 thereof as recorded in Plat Book 2, Pages 4 and 5,
1517 Public Records of Duval County, Florida, together with
1518 the Northerly 1/2 of the closed alley lying southerly
1519 of and adjacent to said Lot 8 (said alley closed by
1520 Ordinance No. DD-429).
1521 Lot 7, Block 111, SPRINGFIELD, according to plat
1522 thereof recorded in plat Book 2, page 4 of the current
1523 public records of Duval County, Florida.

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hb1561-00
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 1561 2023

1524 Lots 1 and 2, Block 109, SPRINGFIELD, according to the
1525 plat thereof recorded at Plat Book 2, Page 4, Public
1526 Records of Duval County, Florida, and a portion of the
1527 alley closed pursuant to Ordinance 96-86-31.
1528 Lots 3, 4, 7, 8 and the West 60.00 feet of the North
1529 35.00 feet of Lot 16, together with the following
1530 described part of the 12 foot alley closed by the City
1531 of Jacksonville, ordinance 96-86-31, recorded in
1532 Official Records Book 8301, Page 1128, Public Records
1533 of Duval County, Florida, the Easterly 6 feet of the
1534 12 foot alley lying West of and adjacent to the North
1535 139.34 feet of Lot 7; all of the 12 foot alley lying
1536 east of and adjacent to Lot 4 and the Northerly 48.99
1537 feet of Lot 3; the Westerly 6 feet of the 12 foot
1538 alley lying Easterly of and adjacent to the South
1539 28.68 feet of Lot 3; all of the 12 foot alley lying
1540 North of and adjacent to the West 60 feet of Lot 16;
1541 the Northerly 6 feet of the 12 foot alley lying South
1542 of and Adjacent to Lot 8 and the East 12 feet of Lot
1543 7, All in Block 109, EAST SPRINGFIELD, as recorded in
1544 Plat Book 2, Page 4, Public Records of Duval County,
1545 Florida.
1546 Lots 5 and 6, Block 109, SPRINGFIELD, according to
1547 plat thereof recorded in Deed Book AJ, Page 765,
1548 former Public Records of Duval County, Florida, and

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