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Meeting Packet — Commerce Committee, The Florida House of Representatives (March 27, 2023)

Summary

Meeting packet for the Florida House of Representatives Commerce Committee meeting of Monday, March 27, 2023, 2:00 PM to 6:00 PM in Webster Hall. The agenda lists CS/HB 89 (Building Construction), CS/HB 881 (My Safe Florida Home Program), HB 1091 (Licensing Fee Relief), HB 1117 (Medical Treatment of Animals) and CS/HB 1203, and the proposed committee bill PCB COM 23-02 (Central Bank Digital Currency). The staff analysis of CS/HB 89 states that the bill allows class A air-conditioning contractors and mechanical contractors to work on power wiring, breakers, or fuses on the line side of the dedicated existing electrical disconnect switch.

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

Cite this document

“Meeting Packet — Commerce Committee, The Florida House of Representatives (March 27, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-27-3220-commerce-committee-meeting-packets-fn-com-3-27-23-c11e3e2fc1/, SHA-256 5509977711a20d8ac388a99b346c915ffec5bed48737627ef4b20f23aa5be9c0.

Full text

              Commerce Committee
                Monday, March 27, 2023
                  2:00 PM - 6:00 PM
                Webster Hall (212 Knott)




                 Meeting Packet




Paul Renner                                Bob Rommel
Speaker                                          Chair
                    The Florida House of Representatives
                                           Commerce Committee

Paul Renner                                                                                         Bob Rommel
Speaker                                                                                                   Chair
                                               Meeting Agenda

                                          Monday, March 27, 2023
                                           2:00 PM – 6:00 PM
                                          Webster Hall (212 Knott)

  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):

       •      CS/HB 89 Building Construction by Regulatory Reform & Economic Development
              Subcommittee, Maggard

       •      CS/HB 881 My Safe Florida Home Program by Insurance & Banking Subcommittee,
              LaMarca

       •      HB 1091 Licensing Fee Relief by Alvarez

       •      HB 1117 Medical Treatment of Animals by Buchanan

       •      CS/HB 1203 Registrations and Transfers of Heating, Ventilation, and Air-
              Conditioning System Manufacturer Warranties by Regulatory Reform & Economic
              Development Subcommittee, Maggard

       Consideration of the following proposed committee bill(s):

       •      PCB COM 23-02 -- Central Bank Digital Currency

 V.    Closing Remarks

VI.    Adjournment




                   303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                   (850) 717-4870
CS/HB 89
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 89 Building Construction
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Maggard
TIED BILLS:       IDEN./SIM. BILLS: SB 512

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Regulatory Reform & Economic Development                 14 Y, 0 N, As CS        Larkin             Anstead
       Subcommittee

    2) Local Administration, Federal Affairs & Special          15 Y, 0 N               Burgess            Darden
       Districts Subcommittee

    3) Commerce Committee                                                               Larkin             Hamon


                                             SUMMARY ANALYSIS
Class A air-conditioning contractors and mechanical contractors, licensed by the Construction Industry
Licensing Board, are allowed to work on central air-conditioning, refrigeration, heating, and ventilating systems.
These services include installing, disconnecting, or reconnecting power wiring on the load side of the
dedicated existing electrical disconnect switch. Currently, an electrical contractor license is required to work on
the line side.

The bill:
    Allows class A air-conditioning contractors and mechanical contractors to work on power wiring,
        breakers, or fuses on the line side of the dedicated existing electrical disconnect switch.

The Florida Building Code is administered and enforced by local governments through the issuance of permits
and completion of inspections by local building officials. Permits are generally issued prior to starting
construction projects, but after plans are reviewed by local building officials. A local enforcing agency must
identify the specific plan features that do not comply with the Building Code whenever a permit is denied.
Currently, there is no similar requirement for fire safety officials related to the Fire Prevention Code.

Current law is not clear on whether local governments must notify permitholders about the specific reasons
why the buildings plans do not comply with the Building Code or the Fire Prevention Code if they make or
require substantive changes to building plans after the permit is issued.

The bill:
    Prohibits a local government from making substantive changes to plans after a permit has been
        issued unless such changes are required under the Building Code, or Fire Prevention Code.
    Requires any changes a local government makes to plans after a permit has been issued to identify
        the specific parts of the plan that do not conform to the applicable code in writing.
    Requires a building official or inspector who asks another person or employee other than a building
        official, plans examiner, or inspector to review the building plans to notify the local government if such
        person or employee determines the plans do not comply with the Building Code.
    Requires a local fire official to notify the permit applicant of specific reasons why plans do not comply
        with the Fire Prevention Code.
    Allows a plans examiner, inspector, building official, or fire safety inspector to have their certificate
        disciplined for failure to notify the appropriate person of the reasons for making substantive changes to
        building plans.

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

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

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

    A. EFFECT OF PROPOSED CHANGES:

        Class A Air-Conditioning Contractors and Mechanical Contractors – Current Situation

        The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
        various businesses and professionals in Florida, including construction contractors. Construction
        contractors are certified or registered and regulated by the Construction Industry Licensing Board
        (CILB).1

        Certified contractors are allowed to practice their specific license category in any jurisdiction in the
        state.2 Two of the HVAC3 license categories are Class A air-conditioning contractors and mechanical
        contractors.

        To be eligible for licensure as a Class A air-conditioning or mechanical contractor, an applicant must
        complete the license application,4 pass the certification examination, and meet certain combinations of
        education and experience, which consists of 4 to 5 years of college-level courses and/or HVAC work
        experience.5

        Class A air-conditioning contractors 6 and mechanical contractors may install, maintain, repair, fabricate,
        alter, extend, or design, if not prohibited by law, central air-conditioning, refrigeration, heating, and
        ventilating systems.7 These services include replacing, disconnecting, or reconnecting power
        wiring on the load side of the dedicated existing electrical disconnect switch.8 Mechanical contractors
        may also work on completing the piping and duct work in connection with the complete HVAC and gas
        system, but may not work on potable water lines.9

        Generally, before working on the HVAC unit, an HVAC contractor is required to obtain a building
        permit.10 After the work on the HVAC unit is finished, the HVAC contractor is required notify the building
        official that the work is ready for inspection to close the permit. This process ensures that the HVAC
        unit is properly installed in accordance with the Florida Building Code (Building Code).11



        HVAC Electrical Disconnect Switch Installation Requirements




1 S. 20.165, F.S, creates the divisions  of Administration; Alcoholic Beverages and Tobacco; Certified Public Accounting;
Drugs, Devices, and Cosmetics; Florida Condominiums, Timeshares, and Mobile Homes; Hotels and Restaurants; Pari -
mutuel Wagering; Professions; Real Estate; Regulation; Service Operations; and Technology.
2 S. 489.105, F.S.
3 Heating, ventilation, and air conditioning.
4 Certified Class A Air Conditioning Contractor Application Requirements , Florida Department of Business & Professional

Regulation,
https://www.myfloridalicense.com/CheckListDetail.asp?S ID=& amp;xactCode=1030&clientCode=0601& XACT_D
EFN_ID=2940 (last visited March 3, 2023).
5 Application for Certified Class-A Air Conditioning Contractor as an Individual, p. 7, Florida Department of Business &

Professional Regulation, https://www.myfloridalicense.com/datamart/loginFLDBPR.do (last visited March 3, 2023);
Application for Certified Mechanical Contractor as an Individual, Florida Department of Business & Professional
Regulation, https://www.myfloridalicense.com/CheckListDetail.asp?S ID=&xactCode=1030&client Code=0606& XA CT_
DEFN_ID=3104 (last visited March 8, 2023)
6 Class B and Class C air-conditioning contractors are HVAC contractors with a limited scope.
7 S. 489.105(3)(f), F.S.
8 S. 489.105(3)(f), F.S.
9 S. 489.105(i), F.S.
10 S. 105.1 of the Seventh edition of the Florida Building Code (Building); see also, s. 489.126(1), F.S.
11 S. 110.1 of the Seventh edition of the Florida Building Code (Building).
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        HVAC equipment or air-conditioning units are required to be installed in accordance with manufacturer
        specifications, which include the electrical needs of such equipment as indicated on either the
        equipment or in the manual. The Building Code requires that listed or labeled equipment be installed
        and used in accordance with any instructions included in the listing or labeling, which includes rated-
        load in amperes or rated-load current for the motor-compressor.12 This ensures the safety of both the
        contractor and the premises. The manufacturer establishes values for a given load, rated voltage, and
        rated frequency of the equipment it serves to ensure that the air conditioner disconnecting means
        (usually a switch) and controller have proper interrupting capacities.13

        The Building Code specifically requires compliance with the manufacturer’s nameplate markings.14 This
        information is used to determine the rating or ampacity of the disconnecting means, the branch-circuit
        conductors, the controller, branch circuit short-circuit and ground-fault protection, and the separate
        motor overload protection. If the nameplate specifies fuses only, substitution of a listed circuit breaker is
        a violation of the Building Code and the manufacturer’s warranties.

        A disconnecting means is required to be located “within sight from and readily accessible” from the air-
        conditioning equipment15, which is usually located on a concrete pad outside the dwelling or structure,
        under the building in a crawl space, or mounted on a rooftop.16 This disconnecting means can be
        installed on or within the air-conditioning equipment itself.17

        Sufficient working space in the direction of access to the equipment, or the part of the equipment, that
        is likely to be worked on while there are live, exposed parts, must be provided in accordance with the
        Building Code to access the disconnecting means for purposes of examination, adjustment, servicing,
        or maintenance while energized. The purpose is to provide a ready and visible means of disconnection
        for the person who will service or repair the equipment. Safe access must also be provided to the
        control equipment within the unit at the time the equipment is being installed or serviced. It is common
        for service persons to examine or test HVAC equipment while it is energized. 18

        HVAC Electrical Disconnect Switch Components

        The line side consists of upstream components and wires coming from the main power source that
        supply power. It always carries current when there is power supply from the power source . The
        load side consists of downstream components and wires that take the electrical current and supply it to
        other electric devices. It only carries current when the switch is turned on, signaling a closed circuit
        that allows current to flow through.19

        Below is an illustration of the “load” and “line” sides of an HVAC breaker: 20



12  S. 301.10 of the Seventh edition of the Florida Building Code, Mechanical (Building) (“Electrical wiring, controls and
connections to equipment and appliances regulated by this code shall be in accordance with National Fire Protection
Association (NFPA) 70”); see also, 440.4 of NFPA 70 (2023 ed.).
13 S. 440.11 of NFPA 70 (2023 ed.) (“Disconnecting means shall be capable of disconnecting air-conditioning and

refrigerating equipment, including motor-compressors and controllers, from the circuit conductors. If the disconnecting
means is readily accessible to unqualified persons, any enclosure door or hinged cover of a disconnecting means
enclosure that exposes energized parts when open shall require a tool to open or be capable of being locked. ”); see also,
Keith Lofland, International Association of Electrical Inspectors Magazine, Air-Conditioning Equipment Installations,
https://iaeimagazine.org/2017/julyaugust-2017/air-conditioning-equipment-installations/ (last visited March 3, 2023).
14 Florida Building Code, 6th ed. (2017), s. E3702.11 Branch circuits for air-conditioning and heat pump equipment.
15 S. 440.14 of NFPA 70 (2023 ed.).
16 Typically, a locking type of disconnecting means located out of sight from the unit is not acceptable. Id.
17 Keith Lofland, International Association of Electrical Inspectors Magazine, Air-Conditioning Equipment Installations,

https://iaeimagazine.org/2017/julyaugust-2017/air-conditioning-equipment-installations/ (last visited March 3, 2023).
18 Keith Lofland, supra note 16.
19 Alex Klein, How to Identify Line and Load Wires, Electro University (Aug. 16, 2022), https://electrouniversity.com/how-

to-identify-line-and-load-wires/, (last visited Feb. 14, 2023).
20 See Assured Electrical, Just Answer, https://ww2-secure.justanswer.com/uploads/AssuredElectrical/2012-05-

29_153354_240acdisconnect.gif. (last visited Feb. 27, 2023).
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        A dedicated circuit has its own circuit breaker and only supports one outlet, which means only one
        electrically powered device can draw voltage from that circuit at any given time .21 A disconnect
        switch is used to isolate electrical circuits by interrupting the flow of electrical current. By quickly
        stopping the flow of power, disconnect switches allow for emergency shutdowns, switching to alternate
        power sources, and maintenance.22

        There are several circuit breakers in the main electrical panel, also known as a breaker box or main
        panelboard. One of those circuit breakers goes to the outside air-conditioning unit and then runs
        to a dedicated existing electrical disconnect switch for the unit.23

        A circuit breaker and a fuse are both designed to interrupt the flow of electricity, but they operate
        through different mechanisms. The fuse works as a piece of metal that melts down when overheated,
        and a circuit breaker works by operating a switching mechanism when an overflow of electricity is
        detected. Circuit breakers generally have a higher breaking capacity than fuses. 24




        Differences Between Voltage and Amperage
        Although voltage and amperage are both measurements of electricity, they measure different aspects
        of electricity. Amperage is the flow of the electric current. Voltage is the pressure of the electric current.
        These are both needed to generate power.25

21 Harrison Electric, Inc. Dedicated Circuits: What They Are & How to Determine    If You Need Them, Aug. 16, 2021,
https://harrison-electric.com/Blog/entryid/243/dedicated-circuits-what -they-are-how-to-determine-if-you-need-them (last
visited Mar. 3, 2023)
22 Bisco Industries, What is a Disconnect Switch?, https://press.biscoind.com/2016/08/18/what-is-a-disconnect-switch/

(last visited Mar. 3, 2023).
23 Russell E. Smith, “Installation of Heating, Cooling, and Refrigeration Systems.” Electricity for Refrigeration, Heating, and

Air Conditioning, 10th ed., Cengage Learning, Boston, MA, 2018, p. 18 (explaining a disconnect switch allows a contractor
to disconnect the power source to the heating, cooling, and refrigeration equipment being worked on). The Florida
Building Code requires that a 125-volt, 15- and 20-ampere receptacle for servicing air-conditioning and refrigeration
equipment is to be located not less than 7.5 m (25 ft) from, and on the same level as, the equipment itself. The receptacle
must be in a readily accessible location from the equipment and must be GFCI-protected as applicable to outdoor
receptacles at dwelling occupancies.)
24 Hi-Lite Electric, Inc., What’s the Difference Between Fuses and Circuit Break ers?, Aug. 26, 2019, https://hi-

liteelectricinc.ca/about-us/blog/power-surges/whats-difference-fuses -circuit-breakers/ (last visited Mar. 4, 2023).
25 Electricity Explained Simple: The Difference between Voltage, Amperage and Power, YouTube, Solar Solution, (Apr. 9,

2021), https://www.youtube.com/watch?v=CA1Y9PkHk r0 (last visited March 5, 2023).
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                                   𝑃𝑜𝑤𝑒𝑟 = 𝐴𝑚𝑝𝑒𝑟𝑎𝑔𝑒 (𝐹𝑙𝑜𝑤) 𝑥 𝑉𝑜𝑙𝑡𝑎𝑔𝑒 (𝑃𝑟𝑒𝑠𝑠𝑢𝑟𝑒)

        For example, an air conditioner requires approximately 15 to 60 amps.26 In regard to danger to people,
        the amperage, not voltage, is the most determinant factor in causing injury or fatality. 27 The amount of
        time that a person is exposed to the electric current is also a factor.28
        Line Side Work in Florida

        While Class A air-conditioning contractors and mechanical contractors may work on the load side, they
        cannot install, disconnect, or reconnect power wiring on the line side 29 of the dedicated existing
        electrical disconnect switch.30 Only a licensed electrical contractor can work on the line side. 31
        Therefore, Class A air-conditioning contractors and mechanical contractors have to refer work on the
        line side to an electrical contractor, which causes Class A air-conditioning contractors and mechanical
        contractors to stop their work until an electrical contractor completes this portion.

        Line Work and Contractor Certification in Other States

        HVAC licensing requirements and specialty categories differ from state to state.32 Most states limit
        HVAC contractors to work on the load side.33

        For example, in North Carolina, licensed HVAC contractors may work on the load side, but not on the
        line side,34 and all licensed HVAC contractors are required to perform a room-by-room load calculation
        for all newly installed residential structures prior to installing heating systems, air conditioning systems,
        or both.35 In Hawaii, an HVAC contractor is allowed to put together and install HVAC units including, but
        not limited to, piping, and controls, but are not allowed to work on the electrical controls. 36 Some other
        states specifically require licensing as an electrical contractor to work on HVAC systems, such as
        Washington state.37

        However, there are a few states that allow HVAC contractors to work on the line side in limited ways.
        These states have set specific parameters for such work.

        For example, in Georgia, HVAC contractors may perform limited work on the line side. Specifically, they
        may perform service to or installation of the electrical circuit from the main electrical panel to the air-
        conditioner equipment where the electrical service to the building or site is a single-phase electrical


26 Edwin Jones, How Many AMPS Does an Air Conditioner            Use?, Galvin Power (Mar. 1, 2023),
https://www.galvinpower.org/how-many -amps -does-an-air-c onditioner-use/ (last visited March 5, 2023).
27 “While any amount of current over 0.01 amp is capable of producing painful to severe shock, currents between 0.1 to

0.2 amp are lethal.” The Fatal Current, The Ohio State University College of Arts and Sciences, https://www.asc.ohio-
state.edu/physics/p616/safety/fatal_current.html (last visited March 5, 2023).
28 Akash Peshin, How Much Current Can the Human Body Withstand?, Science ABC (Nov. 12, 2021),

https://www.scienceabc.com/humans/how-many-volts-amps-kill-you-human.html (last visited March 5, 2023).
29 Klein, supra note 19.
30 S. 489.105(3)(f), F.S.
31 S. 489.505(12), F.S.
32 Hans Howk, What Licenses Does an HVAC Contractor Need?, Wolters Kluwer (July 1, 2021),

https://www.wolterskluwer.com/en/expert-insights/hvac-contractor-licenses (last visited March 5, 2023).
33 There are several states, such as Illinois, Indiana, Kanas, Massachusetts, Maine, Missouri, Montana, Minnesota,

Colorado, and New York, that license air conditioning contractors at the local level. Id.
34 N.C.G.S.A. § 87-2121 (a)(4) and N.C. Admin. Code 50.0505(e).
35 N.C. Admin. Code 50.0505(e).
36 "Electrical work" means the installation, alteration, reconstruction, or repair of electrical wiring. Haw. Code R. § 16-80-

3; see also, “Any person who performs electrical work in the State is required to have a journey worker electrician's
license.” Haw. Code R. § 16-80-4.
37 Wash. Admin. Code 296-200A-016(28) and 296-46B-901(c)(B); “There is no official HVAC license in Washington.

However, HVAC contractors are required to have an electrical license to perform HVAC duties such as inspecting,
repairing, installing, and altering heating, ventilation, air conditioning, and refrigeration units .” How to Get an HVAC
License in Washington: A Complete Guide, General Contractor License Guide (Aug. 23, 2022),
https://generalcontractorlicenseguide.com/washington -hvac-license/ (last visited March 6, 2023).
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        circuit not exceeding 200 amperes.38 In Alaska, HVAC contractors 39 are required to be licensed as a
        Mechanical Administrator, and such contractors may install control wiring that alters the electrical
        characteristics of the mechanical system if they are supervised by a licensed electrical administrator.40

        Class A Air-Conditioning Contractors and Mechanical Contractors – Effect of Bill

        The bill expands the scope of service that a class A air-conditioning contractor and mechanical
        contractor may provide. The bill allows class A air-conditioning contractors and mechanical contractors
        to:
             Replace, disconnect, or reconnect power wiring, breakers, or fuses on the line side of the
                dedicated existing electrical circuit disconnect switch; and
             Replace, disconnect, or reconnect air-conditioning disconnect switches and boxes.

        Building Plans Requirements- Current Situation

        Florida Building Code

        In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
        building code. In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not
        work and a study was commissioned to make recommendations. In 1998, the Legislature adopted the
        recommendations for a single state building code and enhanced the oversight role of the state over
        local code enforcement. The 2000 Legislature authorized implementation of the Building Code, and that
        first edition replaced all local codes on March 1, 2002. 41 The current edition of the Building Code is the
        seventh edition, which is referred to as the 2020 Florida Building Code.42

        Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The Act provides a
        mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
        building code. The Building Code must be applied, administered, and enforced uniformly and
        consistently from jurisdiction to jurisdiction.43

        The Florida Building Commission (Building Commission) implements the Building Code. The Building
        Commission, which is housed within DBPR, reviews several International Codes published by the
        International Code Council, the National Electric Code, and other nationally adopted model codes to
        determine if the Building Code needs to be updated and adopts an updated Building Code every three
        years.44

        A local enforcement agency is an agency of local government with jurisdiction to make inspections of
        buildings and to enforce the Building Code.45

        Building Code Administrators, Inspectors, and Plans Examiners

        Building code administrators, inspectors, and plans examiners are regulated by the Building Code
        Administrators and Inspectors Board (BCAIB) within DBPR. 46




38 Ga. Code Ann., § 43-14-2(3)
39 In Alaska, a mechanical contractor is required to obtain a mechanical license as well as a mechanical administrators

license to work on a HVAC unit.
40 Alaska Admin. Code tit. 12, § 39.232(c).
41 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,

http://www.floridabuilding.org/ fbc/2006_Legislature_Rpt_rev2. pdf (last visited Feb. 13, 2023).
42 Florida Building Commission Homepage,

https://floridabuilding.org/c/default.aspxhttps://floridabuilding.org/c/default.aspx (last visited Feb. 13, 2023).
43 See s. 553.72(1), F.S.
44 Ss. 553.73, and 553.74, F.S.
45 S. 553.71(5), F.S.
46 See Ss. 120.569, 120.57(1)-(2), 468.605, 468.606, and 468.621, F.S.
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        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.47

        A building code inspector (inspector) is a local government employee or a person contracted by a local
        government who inspects construction that requires permits to determine compliance with the Building
        Code and state accessibility laws. Inspectors are divided into several different categories. An
        inspector’s ability to practice is limited to the category or categories for which the inspector has been
        licensed. The inspector categories are:48
             Building inspector;
             Coastal construction inspector;
             Commercial electrical inspector;
             Residential electrical inspector;
             Mechanical inspector;
             Plumbing inspector;
             Residential inspector; and
             Electrical inspector.

        A plans examiner reviews plans submitted for building permits to determine design compliance with the
        Building Code. A plans examiner’s ability to practice is limited to the category or categories for which
        the examiner is licensed. The plans examiner categories are:49
             Building plans examiner;
             Plumbing plans examiner;
             Mechanical plans examiner; and
             Electrical plans examiner.

        The BCAIB may discipline building code administrators, plans examiners, and inspectors for violations
        of the practice act, such as violating BCAIB or DBPR rules, and failing to properly enforce applicable
        building codes or permit requirements.50 Types of discipline includes:51
             Denial of an application for certification;
             Permanent revocation;
             Suspension of a certificate;
             Fines; and
             Probation.

        Florida Fire Prevention Code

        Florida law designates the state’s Chief Financial Officer as the State Fire Marshal. The State Fire
        Marshal, within the Department of Financial Services (DFS), is charged with enforcing laws relating to
        fire safety, and has the responsibility to minimize the loss of life and property in this state due to fire. 52

        The State Fire Marshal regulates, trains, and certifies fire service personnel and fire safety inspectors;
        investigates the causes of fires; enforces arson laws; regulates the installation of fire equipment;
        conducts fire safety inspections of state property; and operates the Florida State Fire College.

        The State Fire Marshal also adopts by rule the Fire Prevention Code, which contains all fire safety laws
        and rules that pertain to the design, construction, erection, alteration, modification, repair, and
        demolition of public and private buildings, structures, and facilities, and the enforcement of such fire
        safety laws and rules.53

47 S. 468.603(2), F.S.
48 S. 468.603(4) and (5), F.S.
49 S. 468.603(8), F.S.
50 Ss. 468.601, 486.621, and 468.633, F.S.; see also R. 61G19-5.003, F.A.C.
51 S. 486.621, F.S.
52 S. 633.104, F.S.
53 ch. 69A-60, F.A.C.
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        The State Fire Marshal adopts a new edition of the Fire Prevention Code every three years.54 When
        adopting the Fire Prevention Code, the Fire Marshal is required to adopt the most current version of the
        national fire and life safety standards set forth by the National Fire Protection Association (NFPA),
        including the:55
             NFPA’s Fire Code (1);
             Life Safety Code (101); and
             Guide on Alternative Approaches to Life Safety (101A).

        The State Fire Marshal may modify the national fire safety and life safety standards as needed to
        accommodate the specific needs of the state.56 The most recent Fire Prevention Code is the 7th
        edition, which is referred to as the 2020 Florida Fire Prevention Code. The 7th edition of the Fire
        Prevention Code took effect on December 31, 2020.57

        State law requires all municipalities, counties, and special districts with fire safety responsibilities to
        enforce the Fire Prevention Code as the minimum fire prevention code.58 These local enforcing
        authorities may adopt more stringent fire safety standards, subject to certain requirements, but may not
        enact fire safety ordinances that conflict with other state law. 59

        Fire Safety Inspectors

        Each county, municipality, and special district with fire safety enforcement responsibilities is required to
        employ or contract with a fire safety inspector to conduct all fire safety inspections required by law. 60 A
        fire safety inspector is a person who is officially assigned the duties of conducting fire safety inspections
        of buildings and facilities on a recurring or regular basis on behalf of the state or any county,
        municipality, or special district with fire safety responsibilities. Fire safety inspectors are certified and
        regulated by the State Fire Marshal and are separate from building code administrators, inspectors, and
        plans examiners who are regulated by the BCAIB.61

        The State Fire Marshal may discipline fire safety inspectors by denying, refusing to renew, suspending,
        or revoking their certificate if the State Fire Marshal finds that the fire safety inspector has violated the
        practice act, including:62
             Violating Fire Prevention laws or any rule or order of the State Fire Marshal, and
             Failing to properly enforce applicable fire codes or permit requirements within this state which
               the certificate holder knows are applicable by “committing willful misconduct, gross negligence,
               gross misconduct, repeated negligence, or negligence resulting in a significant danger to life or
               property.”




54 S. 633.202,  F.S.
55 S. 633.202(2),  F.S. Founded in 1896, the National Fire Protection Association delivers information and knowledge
through more than 300 consensus codes and standards, research, training, education, outreach and advocacy; and by
partnering with others who share an interest in furthering the mission. NFPA, About NFPA, http://www.nfpa.org/about-nfpa
(last visited on Feb. 13, 2023).
56 Id.
57 Division of State Fire Marshal, Florida Fire Prevention Code (FFPC),

https://www.myfloridacfo.com/division/sfm/bfp/ florida -fire-prevention-code (last visited Feb. 13, 2023).
58 Ss. 633.108 and 633.208, F.S.
59 Ss. 633.208 and 633.214(4), F.S.
60 S. 633.216(1), F.S.
61 Ss. 633.102(12) and 633.216, F.S.
62 S. 633.216(5)(a)-(g), F.S.; see also, s. 633.106, F.S.
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        Conflicting Requirements in The Building Code and the Fire Prevention Code

        The Building Code and the Fire Prevention Code work together, but are independent of each other. The
        Building Commission must reference the Fire Prevention Code in the Building Code. However, the
        Building Commission may not adopt a fire prevention or life safety code, and nothing in the Building
        Code may affect the statutory powers, duties, and responsibilities of any local fire safety official or
        DFS.63

        Conflicting requirements between the Building Code and the Fire Prevention Code must be resolved by
        agreement between the Building Commission and the State Fire Marshal, or the question must be
        referred to a mediator to resolve the conflict.64

        Building Permits

        It is the intent of the Legislature that local governments have the power to inspect all buildings,
        structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 65
        Every local government must enforce the Building Code and issue building permits.66

        A building permit is an official document or certificate issued by the local building official that authorizes
        performance of a specific activity.67 Any construction work that requires a building permit also requires
        plan reviews and inspections by the building official, inspector, or plans examiner to ensure the work
        complies with the Building Code.68

        It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
        building without first obtaining a building permit from the local government or from such persons as
        may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
        as set forth in a schedule of fees adopted by the enforcing agency.69 A building permit is not valid until
        the fees for the permit have been paid.70

        Building Plans

        To obtain a permit an applicant must complete an application for the proposed work on the form
        furnished by the local enforcing agency, which must be posted on its website.71

        An application for a permit must include building plans. Building plans are plans for construction,
        erection, alteration, modification, repair, or demolition of any building or structure and must comply with
        the applicable building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and
        other applicable construction codes in the Building Code.72

        A local enforcing agency may not issue a permit until the building official or plans reviewer has
        reviewed the building plans and determined that they comply with the Building Code. 73




63 S. 553.73(1), F.S.; Florida Department of Financial Services, Agency Analysis of 2022 House Bill 635, p.3 (Jan. 4,
2022).
64 Id.
65 S. 553.72, F.S.
66 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
67 S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
68 Ss. 107, 110.1, and 110.3 of the Seventh edition of the Florida Building Code (Building).
69 See ss. 125.56(4)(a) and 553.79(1), F.S.
70 S. 109.1 of the Seventh edition of the Florida Building Code (Building).
71 Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
72 Ss. 468.603(8), and 553.79(2), F.S.
73 S. 553.79(2), F.S.
STORAGE NAME: h0089d.COM                                                                                           PAGE: 9
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         When the building official issues the permit, the building official must approve the plans by writing or
         stamping, “Reviewed for Code Compliance” on the plans. The local building official must keep one set
         of plans and another set must be returned to the applicant, who must keep the set at the work site. 74

         Fire Prevention Code Plans Review

         With respect to fire inspections and review, building officials or plans examiner do not review building
         plans to determine if they comply with the Fire Prevention Code. If the building or structure is subject to
         the Fire Prevention Code, the local fire safety official must also review the building plans. 75 A local
         enforcing agency may not issue the permit until the local fire safety official has approved the plans.
         However, if the building or structure is not subject to the Fire Prevention Code, the local enforcing
         agency may not require the local fire safety inspector to review the plans.76

         Changes to the Building Permit or Plans

         Construction work must be in accordance with the approved plans, and any changes made during
         construction that are not in compliance with the approved plans must be resubmitted for approval as an
         amended set of construction documents.77

         If the local building official or plans examiner finds that building plans do not comply with the Building
         Code, the local building official or inspector must identify the specific plan features that do not comply
         with the Building Code, identify the specific chapters and sections upon which the finding is based,
         and provide this information to the local enforcing agency. The local enforcing agency must provide this
         information to the permit applicant.78

         Whenever a permit is denied or revoked because plans are found to not comply with the Building Code,
         the local enforcing agency must identify the specific plan features that do not comply with the
         applicable codes, identify the specific code chapters and sections upon which the finding is based, and
         provide this information to the permit applicant.79 A plans examiner or building official who is
         responsible for issuing a denial, revocation, or modification request but fails to provide to the permit
         applicant a reason for denying, revoking, or requesting a modification, based on compliance with the
         Building Code, is subject to licensure disciplinary action.80

         There is no similar requirement for fire safety officials or inspectors when they deny, revoke, or modify
         plans based on the Fire Prevention Code.

         Current law is not clear on whether local governments must notify permitholders about the specific
         reasons why the buildings plans do not comply with the Building Code or the Fire Prevention Code, if
         they make or require substantive changes to building plans after the permit is issued.

         According to construction industry representatives, there have been industry reports that building
         inspectors and local fire officials are making substantive changes to building plans after the building
         permit has been issued, which deviate from the Building Code or Fire Prevention Code. These changes
         can lead to delays in construction and can also increase the costs of construction. 81




74 S. 107.3.1 of the Seventh   edition of the Florida Building Code (Building).
75 Id.
76 Id.
77 S. 107.4 of the Seventh   edition of the Florida Building Code (Building).
78 S. 553.79(2),  F.S.
79 S. 553.79(2), F.S.
80 S. 553.79(1), F.S.
81 Testimony from Representative Randall Scott Maggard, 1/12/2022 House Regulatory Reform Subcommittee,

https://thefloridachannel.org/ videos/1-12-22-house-regulatory -reform-subcommittee/ (last visited Feb. 13, 2023); Email
from Edward Briggs, Vice President of Government Relations & Community Affairs for RSA Consulting Group, LLC,
Florida Refrigeration and Air Conditioning Contractors Association, RE: HB 89 Back Up HVA Training (Jan. 10, 2023).
STORAGE NAME: h0089d.COM                                                                                           PAGE: 10
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       Building Plans Requirements– Effect of the Bill

       The bill provides that after a local enforcement agency or local government issues a building permit, the
       local government may not make or require any substantive changes to the building plans unless the
       changes are required for compliance with the Building Code, the Fire Prevention Code, or local
       amendments thereto.

       If changes are needed after the permit has been issued, the local enforcement agency must identify
       specific parts of the plan that do not comply with the applicable codes, identify the specific code
       chapters and sections upon which the finding is based, and provide this information to the permitholder
       in writing.

       The bill provides that if the building code administrator, plans examiner, or inspector requests another
       local enforcing agency employee or person contracted by the local enforcing agency to review the
       plans and such person identifies specific plan features that do not comply with the Building Code, the
       building code administrator, plans examiner, or inspector, must provide this information to the local
       enforcing agency.

       The bill provides that a plans examiner or inspector who fails to provide the building code administrator
       with the reasons for making or requiring substantive changes to building plans is subject to discipline
       against their license.

       The bill provides that a building code administrator who fails to provide a permit applicant or permit
       holder with the reasons for making or requiring substantive changes to building plans is subject to
       discipline against his or her license.

       The bill provides that if a county, municipality, or special district concludes that the building plans for a
       building permit application do not comply with the Florida Fire Prevention Code or Life Safety Code or
       local amendments thereto, the local fire official must identify the specific parts of the plan that do not
       comply with the applicable codes, identify the specific chapters and sections upon which the
       determination is based, and provide the information to the permit applicant.

       If the local fire official requires changes to a permit that has already been issued, and fails to cite
       specific parts in the plans that need changes to comply with the applicable codes and does not provide
       the information to the permit applicant, the local fire official is subject to disciplinary action against his or
       her license.

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

   B. SECTION DIRECTORY:
       Section 1.     Amends s. 489.105, F.S., relating to definitions.
       Section 2.     Amends s. 553.79, F.S., relating to permit application and issuance.
       Section 3.     Amends s. 633.208, F.S., relating to minimum fire safety standards.
       Section 4.     Provides an effective date of July 1, 2023.


                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

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    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            The impact on revenues is unknown.

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        There would be a positive economic impact for class A air-conditioning contractors and homeowners as
        they would be able to complete more tasks without needing to refer homeowners to an electrical
        contractor.

        There may be a negative economic impact for electrical contractors who work on the line side of HVAC
        systems.

        The bill may have a positive impact on construction industry professionals and companies due to
        increased information on completing a permit application timely.

    D. FISCAL COMMENTS:
        None.

                                                   III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

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

        2. Other:
           None.

    B. RULE-MAKING AUTHORITY:
        According to DBPR, the BCAIB may need to engage in rulemaking to develop penalty guidelines for the
        new violations established by the bill.82 In addition, the Florida Building Commission will need to engage
        in rulemaking to add the new permit requirements to the Florida Building Code. 83

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        DBPR states it may not have enough time for any necessary rulemaking by the Building Code
        Administrators and Inspectors Board and the Florida Building Commission to be completed by July 1,
        2023.84

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
    On March 9, 2023, the Regulatory Reform & Economic Development Subcommittee adopted one
    amendment and reported the bill favorably as a committee substitute. The committee substitute:

82 Florida Department   of Business and Professional Regulation, Agency Analysis of 2023 House Bill 89, p. 3 (January 11,
2023); See generally, Rule 61G19-5.002, F.A.C.
83 Id.; See generally, Rule 61G20-1.001, F.A.C.
84 Id. at 6.
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          Allows mechanical contractors to perform the same limited work on the line side as Class A air-
           conditioning contractors.
          Clarifies when Class A air-conditioning and mechanical contractors may work on the line side,
           specifying that they may work on the line side of the switch, but not the breaker.
          Clarifies that if a person contracted by the local enforcing agency or local enforcing agency
           employee other than a building official, plans examiner, or inspector identifies a specific issue with
           building plans, the information must be given to the permit applicant.
          Requires a written notice to be given to the permit applicant when the plans do not meet the
           Building Code.

   This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
   Development Subcommittee.




STORAGE NAME: h0089d.COM                                                                                   PAGE: 13
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           CS/HB 89                                                                                             2023




    1                                         A bill to be entitled
    2              An act relating to building construction; amending s.
    3              489.105, F.S.; revising definitions; amending s.
    4              553.79, F.S.; requiring local building code
    5              administrators, plans examiners, or inspectors to
    6              provide certain information to the local enforcing
    7              agency under certain circumstances; prohibiting local
    8              enforcing agencies from making or requiring
    9              substantive changes to plans or specifications after a
10                 permit has been issued; providing exceptions;
11                 requiring local enforcing agencies that require
12                 substantive changes to plans or specifications after a
13                 permit has been issued to provide certain information
14                 to the permitholder in writing; providing that a
15                 building code administrator, plans examiner, or
16                 inspector is subject to disciplinary action under
17                 certain circumstances; amending s. 633.208, F.S.;
18                 requiring local fire officials to provide certain
19                 information to a permit applicant if building plans do
20                 not comply with the Florida Fire Prevention Code or
21                 Life Safety Code; prohibiting a municipality, county,
22                 or special district from making or requiring
23                 substantive changes to building plans after a permit
24                 has been issued; providing exceptions; requiring a
25                 local fire official to provide certain information to

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        CS/HB 89                                                                                             2023




26              the permitholder if a municipality, county, or special
27              district requires substantive changes to building
28              plans after a permit is issued; providing that a local
29              fire official who is a certified firesafety inspector
30              is subject to disciplinary action under certain
31              circumstances; providing an effective date.
32
33      Be It Enacted by the Legislature of the State of Florida:
34
35              Section 1.         Paragraphs (f) and (i) of subsection (3) of
36      section 489.105, Florida Statutes, are amended to read:
37              489.105        Definitions.—As used in this part:
38              (3)         "Contractor" means the person who is qualified for,
39      and is only responsible for, the project contracted for and
40      means, except as exempted in this part, the person who, for
41      compensation, undertakes to, submits a bid to, or does himself
42      or herself or by others construct, repair, alter, remodel, add
43      to, demolish, subtract from, or improve any building or
44      structure, including related improvements to real estate, for
45      others or for resale to others; and whose job scope is
46      substantially similar to the job scope described in one of the
47      paragraphs of this subsection. For the purposes of regulation
48      under this part, the term "demolish" applies only to demolition
49      of steel tanks more than 50 feet in height; towers more than 50
50      feet in height; other structures more than 50 feet in height;

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        CS/HB 89                                                                                             2023




51      and all buildings or residences. Contractors are subdivided into
52      two divisions, Division I, consisting of those contractors
53      defined in paragraphs (a)-(c), and Division II, consisting of
54      those contractors defined in paragraphs (d)-(q):
55              (f)         "Class A air-conditioning contractor" means a
56      contractor whose services are unlimited in the execution of
57      contracts requiring the experience, knowledge, and skill to
58      install, maintain, repair, fabricate, alter, extend, or design,
59      if not prohibited by law, central air-conditioning,
60      refrigeration, heating, and ventilating systems, including duct
61      work in connection with a complete system if such duct work is
62      performed by the contractor as necessary to complete an air-
63      distribution system, boiler and unfired pressure vessel systems,
64      and all appurtenances, apparatus, or equipment used in
65      connection therewith, and any duct cleaning and equipment
66      sanitizing that requires at least a partial disassembling of the
67      system; to install, maintain, repair, fabricate, alter, extend,
68      or design, if not prohibited by law, piping, insulation of
69      pipes, vessels and ducts, pressure and process piping, and
70      pneumatic control piping; to replace, disconnect, or reconnect
71      power wiring, breakers, or fuses on the load side of the
72      dedicated existing electrical circuit disconnect switch; to
73      replace, disconnect, or reconnect power wiring, breakers, or
74      fuses on the line side directly connected to the dedicated
75      existing electrical circuit disconnect switch and not the main

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         CS/HB 89                                                                                             2023




 76      breaker; to replace, disconnect, or reconnect air-conditioning
 77      disconnect switches and boxes; to install, disconnect, and
 78      reconnect low voltage heating, ventilating, and air -conditioning
 79      control wiring; and to install a condensate drain from an air -
 80      conditioning unit to an existing safe waste or other approved
 81      disposal other than a direct connection to a sanitary system.
 82      The scope of work for such contractor also includes any
 83      excavation work incidental thereto, but does not include any
 84      work such as liquefied petroleum or natural gas fuel lines
 85      within buildings, except for disconnecting or reconnecting
 86      changeouts of liquefied petroleum or natural gas appliances
 87      within buildings; potable water lines or connections thereto;
 88      sanitary sewer lines; swimming pool piping and filters; or
 89      electrical power wiring. A Class A air-conditioning contractor
 90      may test and evaluate central air-conditioning, refrigeration,
 91      heating, and ventilating systems, including duct work; however,
 92      a mandatory licensing requirement is not established for the
 93      performance of these specific services.
 94              (i)         "Mechanical contractor" means a contractor whose
 95      services are unlimited in the execution of contracts requiring
 96      the experience, knowledge, and skill to install, maintain,
 97      repair, fabricate, alter, extend, or design, if not prohibited
 98      by law, central air-conditioning, refrigeration, heating, and
 99      ventilating systems, including duct work in connection with a
100      complete system if such duct work is performed by the contractor

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         CS/HB 89                                                                                             2023




101      as necessary to complete an air-distribution system, boiler and
102      unfired pressure vessel systems, lift station equipment and
103      piping, and all appurtenances, apparatus, or equipment used in
104      connection therewith, and any duct cleaning and equipment
105      sanitizing that requires at least a partial disassembling of the
106      system; to install, maintain, repair, fabricate, alter, extend,
107      or design, if not prohibited by law, piping, insulation of
108      pipes, vessels and ducts, pressure and process piping, pneumatic
109      control piping, gasoline tanks and pump installations and piping
110      for same, standpipes, air piping, vacuum line piping, oxygen
111      lines, nitrous oxide piping, ink and chemical lines, fuel
112      transmission lines, liquefied petroleum gas lines within
113      buildings, and natural gas fuel lines within buildings; to
114      replace, disconnect, or reconnect power wiring, breakers, or
115      fuses on the load side of the dedicated existing electrical
116      circuit disconnect switch; to replace, disconnect, or reconnect
117      power wiring, breakers, or fuses on the line side directly
118      connected to the dedicated existing electrical circuit
119      disconnect switch and not the main breaker; to replace,
120      disconnect, or reconnect air-conditioning disconnect switches
121      and boxes; to install, disconnect, and reconnect low voltage
122      heating, ventilating, and air-conditioning control wiring; and
123      to install a condensate drain from an air-conditioning unit to
124      an existing safe waste or other approved disposal other than a
125      direct connection to a sanitary system. The scope of work for

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         CS/HB 89                                                                                             2023




126      such contractor also includes any excavation work incidental
127      thereto, but does not include any work such as potable water
128      lines or connections thereto, sanitary sewer lines, swimming
129      pool piping and filters, or electrical power wiring. A
130      mechanical contractor may test and evaluate central air -
131      conditioning, refrigeration, heating, and ventilating systems,
132      including duct work; however, a mandatory licensing requirement
133      is not established for the performance of these specific
134      services.
135              Section 2.         Subsection (2) of section 553.79, Florida
136      Statutes, is amended to read:
137              553.79       Permits; applications; issuance; inspections.—
138              (2)(a)1.          Except as provided in subsection (8), an
139      enforcing agency may not issue any permit for construction,
140      erection, alteration, modification, repair, or demolition of any
141      building or structure until the local building code
142      administrator or inspector has reviewed the plans and
143      specifications required by the Florida Building Code, or local
144      amendment thereto, for such proposal and found the plans to be
145      in compliance with the Florida Building Code. If the local
146      building code administrator or inspector finds that the plans
147      are not in compliance with the Florida Building Code, the local
148      building code administrator or inspector shall identify the
149      specific plan features that do not comply with the applicable
150      codes, identify the specific code chapters and sections upon

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         CS/HB 89                                                                                             2023




151      which the finding is based, and provide this information to the
152      local enforcing agency. If the building code administrator,
153      plans examiner, or inspector requests another local enforcing
154      agency employee or a person contracted by the local enforcing
155      agency to review the plans and such employee or person
156      identifies specific plan features that do not comply with the
157      applicable codes, the building code administrator, plans
158      examiner, or inspector must provide this information to the
159      local enforcing agency. The local enforcing agency shall provide
160      this information to the permit applicant.
161              2.      In addition, An enforcing agency may not issue any
162      permit for construction, erection, alteration, modification,
163      repair, or demolition of any building until the appropriate
164      firesafety inspector certified pursuant to s. 633.216 has
165      reviewed the plans and specifications required by the Florida
166      Building Code, or local amendment thereto, for such proposal and
167      found that the plans comply with the Florida Fire Prevention
168      Code and the Life Safety Code. Any building or structure which
169      is not subject to a firesafety code shall not be required to
170      have its plans reviewed by the firesafety inspector.
171              3.      Any building or structure that is exempt from the loca l
172      building permit process may not be required to have its plans
173      reviewed by the local building code administrator. Industrial
174      construction on sites where design, construction, and firesafety
175      are supervised by appropriate design and inspection

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         CS/HB 89                                                                                             2023




176      professionals and which contain adequate in-house fire
177      departments and rescue squads is exempt, subject to local
178      government option, from review of plans and inspections,
179      providing owners certify that applicable codes and standards
180      have been met and supply appropriate approved drawings to local
181      building and firesafety inspectors.
182              4.      The enforcing agency shall issue a permit to construct,
183      erect, alter, modify, repair, or demolish any building or
184      structure when the plans and specifications for such proposal
185      comply with the Florida Building Code and the Florida Fire
186      Prevention Code and the Life Safety Code as determined by the
187      local authority in accordance with this chapter and chapter 633.
188              (b)         After the local enforcing agency issues a permit, the
189      local enforcing agency may not make or require any substantive
190      changes to the plans or specifications except changes required
191      for compliance with the Florida Building Code, the Florida Fire
192      Prevention Code, or the Life Safety Code, or local amendments
193      thereto. If a local enforcing agency makes or requires
194      substantive changes to the plans or specifications after a
195      permit is issued, the local enforcing agency must identify the
196      specific plan features that do not comply with the applicable
197      codes, identify the specific code chapters and sections upon
198      which the finding is based, and provide the information to the
199      permitholder in writing.



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200              (c)1.        A plans examiner or inspector who fails to provide
201      the building code administrator with the reasons for making or
202      requiring substantive changes to the plans or specifications is
203      subject to disciplinary action against his or her certificate
204      under s. 468.621(1)(i).
205              2.      A building code administrator who fails to provide a
206      permit applicant or permitholder with the reasons for making or
207      requiring substantive changes to the plans or specifications is
208      subject to disciplinary action against his or her certificate
209      under s. 468.621(1)(i).
210              Section 3.         Subsection (2) of section 633.208, Florida
211      Statutes, is amended to read:
212              633.208        Minimum firesafety standards.—
213              (2)(a)        Pursuant to subsection (1), each municipality,
214      county, and special district with firesafety responsibilities
215      shall enforce the Florida Fire Prevention Code as the minimum
216      firesafety code required by this section.
217              (b)         If a municipality, county, or special district
218      determines that the building plans for a building permit
219      application do not comply with the Florida Fire Prevention Code
220      or Life Safety Code, or local amendments thereto, the local fire
221      official must identify the specific plan features that do not
222      comply with the applicable codes, identify the specific code
223      chapters and sections upon which the determination is based, and
224      provide this information to the permit applicant.

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         CS/HB 89                                                                                             2023




225              (c)         After a municipality, county, or special district
226      issues a building permit, it may not make or require any
227      substantive changes to the building plans except those required
228      for compliance with the Florida Fire Prevention Code or Life
229      Safety Code, or local amendments thereto. If a municipality,
230      county, or special district makes or requires substantive
231      changes to building plans after a permit is issued, the local
232      fire official must identify the specific plan features that do
233      not comply with the Florida Fire Prevention Code or Life Safety
234      Code, or local amendments thereto, identify the specific code
235      chapters and sections upon which the finding is based, and
236      provide this information to the permitholder.
237              (d)         A local fire official, who is also a certified
238      firesafety inspector, who fails to comply with paragraph (b) or
239      paragraph (c) is subject to disciplinary action against his or
240      her certificate under s. 633.216(6)(f).
241              Section 4.         This act shall take effect July 1, 2023.




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                                                                                                          hb0089-01-c1
                            COMMERCE COMMITTEE

                             HB 89 by Rep. Maggard
                             Building Construction

                            AMENDMENT SUMMARY
                               March 27, 2023


Amendment 1 by Rep. Maggard (line 240):
  • Corrects a cross-reference.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 89   (2023)
      Amendment No. 1




           COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                      (Y/N)
      ADOPTED AS AMENDED           (Y/N)
      ADOPTED W/O OBJECTION        (Y/N)
      FAILED TO ADOPT              (Y/N)
      WITHDRAWN                    (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:      Commerce Committee
2     Representative Maggard offered the following:
3
4          Amendment
5          Remove line 240 and insert:
6     her certificate under s. 633.216(5)(f).




    736805 - h0089-line240.docx
     Published On: 3/24/2023 5:22:32 PM
                                  Page 1 of 1
CS/HB 881
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 881 My Safe Florida Home Program
SPONSOR(S): Insurance & Banking Subcommittee, LaMarca
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 748

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                         17 Y, 0 N, As CS        Fortenberry        Lloyd

  2) State Administration & Technology                        14 Y, 0 N               Helpling           Topp
     Appropriations Subcommittee

  3) Commerce Committee                                                               Fortenberry        Hamon


                                              SUMMARY ANALYSIS
The My Safe Florida Home (MSFH) Program was created in 2006, within the Department of Financial Services
(DFS), with the intent that the Program provide inspectors to perform inspections of site-built, single-family,
residential properties (inspections), and mitigation grants (grants) to eligible applicants. The purpose of the
inspections is to determine: what mitigation measures are needed; what premium discounts might be available;
and what improvements to existing residential properties were needed to reduce the properties’ susceptibility
to hurricane damage.

The purpose of the grants is to retrofit single-family homes to make them less vulnerable to hurricane damage.
To be eligible for a grant, certain criteria had to be met, including having a homestead exemption and a
maximum insured value of $300,000. Improvements that could be made using grant funds included opening
protection, exterior doors, including garage doors, and secondary water barriers for roofs. The MSFH received
$250 million in appropriations for the Fiscal Year 2006-2007, but was not funded again until 2022.

During the 2022D Session, the Legislature renewed the funding for the MSFH Program by appropriating $150
million in nonrecurring funds from General Revenue Fund for the 2022-2023 fiscal year. Between May 2022
and February 2023, 16,724 mitigation inspections were completed and 2,979 grant applications were
approved. The Legislature also changed the eligibility criteria for grants to allow for homeowners with homes
valued up to $500,000.

This bill makes various changes to the statutory framework for the MSFH Program, including changes to
inspection and grant eligibility requirements, program management, and technical, conforming, and statutory
structure. The bill requires that eligible properties be homesteaded.

The bill removes the designation of a specific portion of the grant funds for low-income recipients, but
increases the overall grant award for low-income recipients from $5,000, to $10,000. The bill makes the MSFH
Program statewide instead of limited to homes in the wind-borne debris region. The bill also eliminates two
types of home improvements from the list of those home improvements for which MSFH Program grant funds
may be used because they are no longer recognized by the Florida Building Code.

The bill has no impact on local or state government revenues or expenditures. DFS has filed an amended
legislative budget request for MSFH Program funding needs. It will likely have a positive direct economic
impact on the private sector.

The bill is effective on 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

          In 2006, the Legislature created the My Safe Florida Home (MSFH) Program within the Department of
          Financial Services (DFS), with the intent that the Program provide trained and certified inspectors to
          perform inspections for owners of site-built, single-family, residential properties (mitigation inspections),
          and grants to eligible applicants, subject to funding availability.1 The MSFH Program was to “develop
          and implement a comprehensive and coordinated approach for hurricane damage mitigation.” 2 The
          MSFH program allowed DFS to undertake a public outreach and advertising campaign to inform
          consumers of the availability, and benefits, of the mitigation inspections and grants. 3 It required the
          development of brochures for distribution to general contractors, roofing contractors, and real estate
          brokers and sales associates to explain the benefits of residential hurricane damage mitigation to
          homeowners.4

          Hurricane Mitigation Inspections

          The purpose of the mitigation inspections was to determine:
              What mitigation measures were needed;
              What insurance premium discounts might have been available; and
              What improvements to existing residential properties were needed to reduce the properties’
                 susceptibility to hurricane damage.5

          The mitigation inspections were to include, at a minimum:
              A report that summarized the results and identified recommended improvements the
                 homeowner could take to mitigate hurricane damage.
              A range of cost estimates regarding the recommended mitigation improvements.
              Insurer-specific information regarding premium discounts correlated to current and
                 recommended hurricane mitigation improvements.6

          DFS was required to maintain a list of hurricane mitigation inspectors who were authorized to conduct
          the mitigation inspections for the MSFH Program.7 DFS entered contracts to provide mitigation
          inspections with wind certification entities who, at a minimum used hurricane mitigation inspectors who:
               Were certified building inspectors;
               Were licensed as general or residential contractors;
               Were licensed and professional engineers and had passed the appropriate equivalency test of
                  the building code training program;
               Were licensed as a professional architect; or
               Had at least two years of experience in residential construction or residential building inspection
                  and had received specialized training in hurricane mitigation procedures. 8

          Mitigation Grants

          The purpose of the mitigation grants was to retrofit single-family homes to make them less vulnerable
          to hurricane damage.9 To be eligible for a grant, the following criteria must have been met:

1 S. 215.5586, F.S.
2 Id.
3 S. 215.5586(3), F.S.
4 S. 215.5586(7), F.S.
5 S. 215.5586(1)(a), F.S.
6 Id.
7 S. 215.55186(6), F.S.
8 S. 215.5586(1)(b), F.S.
9 S. 215.5586(2), F.S.

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                 The homeowner must have had a homestead exemption on the home to be retrofitted;
                 The home must have had an insured value of $300,000 or less, unless the homeowner was
                  classified as a low-income person;
                 The home must have undergone an acceptable hurricane mitigation inspection after May 1,
                  2007;
                 The home must have been located in the “wind-borne debris region” as defined in the
                  International Building Code; and
                 The building permit application for initial construction of the home must have been made before
                  March 1, 2002.10

           In addition, the homeowner had to match the grant award on a dollar-for-dollar basis up to $10,000, for
           the actual cost of the mitigation project, and the state’s contribution could not exceed $5,000. 11 Low-
           income homeowners were eligible for grants of up to $5,000, and were not required to provide a
           matching amount to receive a grant.12 Matching fund grants were also available to local governments
           and nonprofit entities for projects to reduce hurricane damages to single-family homes.13

           Grants could be used on previously-inspected existing structures or on rebuilds.14 If recommended by a
           hurricane mitigation inspection, grants could be used for the following improvements:
                Opening protection.
                Upgrading exterior doors, including garage doors.
                Bracing gable ends.
                Reinforcing roof-to-wall connections.
                Improving the strength of roof-deck attachments.
                Upgrading roof coverings from code to code plus.
                Installing secondary water barrier for roofs.15

           DFS was required to issue an annual report on the activities of the MSFH Program that accounted for
           the use of any appropriated state funds, the number of inspections requested and performed, the
           number of grant applications received, and the number and value of grants approved. 16

           The MSFH Program was appropriated $250 million in Fiscal Year 2006-07.17 As of May 2009,
           approximately $93 million in MSFH grants were allocated to 32,000 homes, and approximately 400,000
           homes received a MSFH home inspection.18 DFS requested that Risk Management Solutions (RMS),
           conduct an impact analysis of the MSFH program, and RMS released a report of the impact analysis on
           May 14, 2009 (report).19 In the report, RMS concluded that the MSFH grants were beneficial to the
           State of Florida, individual homeowners, and the insurance industry. 20 RMS indicated that the predicted
           reduction in loss as a result of the grant projects completed far exceeded the grant money spent. 21
           While the MSFH Program was never repealed from law, additional funding was not provided until May
           2022.




10 Id.
11
     Id.
12 Id.
13 Id.
14 Rebuilds were defined as site-built, single-family dwellings under construction to replace homes that were destroyed or significantly

damaged by hurricanes and deemed unlivable by a regulatory authority. S. 215.5586(2)(e), F.S.
15 S. 215.5586(2)(e), F.S.
16 S. 215.5586(10), F.S.
17 Risk Management Solutions, Analyzing the Effects of the My Safe Florida Home Program on Florida Insura nce Risk, May 14, 2009,

https://www.ipcc.ch/apps/njlite/srex/njlite_download.php?id=5036 (last visited Mar. 2, 2023).
18 Id.
19 Id.
20 Id.
21 Id.

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         2022 Renewal of the MSFH Program

         During the 2022D Special Session, the Legislature passed a property insurance bill (SB 2-D), in which
         it renewed the funding for the MSFH Program by appropriating $150 million in nonrecurring funds from
         General Revenue (GR) to DFS for the Program for the 2022-2023 fiscal year. The funds appropriated
         were allocated as follows:
               $115 million for mitigation grants.
               $25 million for hurricane mitigation inspections.
               $4 million for education and consumer awareness.
               $1 million for public outreach for contractors and estate brokers and sales associates.
               $5 million for administrative costs.

         SB 2-D reappropriated any unexpended balance of funds from the appropriation remaining on June 30,
         2023, to DFS for the 2023-2024 fiscal year to be used for the MSFH Program. The appropriation will
         expire on October 1, 2024. SB 2-D gave DFS the authority to adopt emergency rules to implement the
         MSFH Program.

         SB 2-D made additional modifications to the MSFH Program. It required that an application for a
         mitigation grant include a provision that requires an applicant to make his or her home available for
         inspection once a mitigation project is completed. The bill changed the monetary limits for eligibility for
         mitigation grants so that homes with an insured value of $500,000, or less, qualify for the program.

         SB 2-D required that homes that receive mitigation grants have undergone home mitigation inspections
         after July 1, 2008, and have received permits for initial construction before January 1, 2008. The
         homeowner must also match grant funds on the basis of $1 from the homeowner for every $2 provided
         by the state up to a maximum state contribution of $10,000 towards the actual cost of the mitigation
         project undertaken on the eligible home.

         The bill enhanced the reporting requirements for DFS under the MSFH Program by requiring that the
         report include the following received by homeowners from insurers as a result of the mitigation funded
         by the program:
              The average annual amount of insurance premium discounts; and
              The total annual amount of insurance premium discounts.

         2022 MSFH Program Implementation

         Following the passage of SB 2-D, DFS procured a vendor to administer the MSFH Program, qualified
         inspectors to conduct mitigation inspections, and qualified contractors who agreed to provide mitigation
         repairs and retrofitting under the grant portion of the Program.22 DFS compiled a list of approved
         vendors that homeowners participating in the MSFH Program may choose for inspections and
         mitigation work.23

         On November 18, 2022, a web-based application for homeowners to request mitigation inspections and
         grant funds went live.24 Between May 26, 2022 and February 28, 2023, 16,724 mitigation inspections
         were completed and 2,979 grant applications were approved. 25

         Inspectors completing mitigation inspections under the MSFH Program must complete the Uniform
         Mitigation Verification Inspection Form (Inspection Form), as revised by the Office of Insurance
         Regulation on January 12, 2023.26 The mitigation inspection report provided to the homeowner includes
         the completed Inspection Form, as well as the information already required by statute,27 including:


22 Florida Department of Financial Services, Agency Analysis of 2023 House Bill 881, p. 1 (Mar. 1, 2023).
23 Id.
24 Id.
25 Id.
26 Id.
27 S. 215.5586(1)(a), F.S.

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                A summary of the results of the mitigation inspection identifying recommended improvements a
                 homeowner may undertake;
                A range of cost estimates regarding the recommended improvements; and
                Estimated property insurance premium discounts based on the mitigation measures the
                 homeowner has completed.28

         Effect of the bill

         The bill makes various changes to the statutory framework for the MSFH Program, including inspection
         and grant eligibility requirement changes; program management changes; and technical, conforming,
         and statutory-restructuring changes.

         Inspection and Grant Eligibility Requirements

         The bill limits single-family home eligibility for mitigation inspections to homesteaded properties.29

         The bill removes the designation of a specific portion of the grant funds for low-income recipients
         without reducing funding, but increases the overall grant award for low-income recipients from $5,000
         to $10,000. The bill broadens geographic eligibility to include otherwise in eligible homes outside the
         wind-borne debris region, in effect making it a statewide program. 30

         The bill removes outdated elements from the home improvements list for which MSFH Program grant
         funds may be used.31 Those home improvements are no longer recognized by the Florida Building
         Code.

         Project Management

         The bill requires home inspectors to be licensed, in addition to certified, to conform with other statutory
         chapters. The bill revises home inspector training/experience requirements. The bill gives DFS the
         authority and a direction to establish objective, reasonable criteria for prioritizing inspection
         applications. The bill removes the requirement that the Legislative Budget Commission (LBC) review
         and approve all MSFH Program contracts valued at $1 million or more. 32

         Technical, Conforming, and Statutory Restructuring Changes

         The bill clarifies that hurricane mitigation inspectors conducting mitigation inspections for the MSFH
         Program must undergo a level II background check, which is a fingerprint-based background check. It
         consolidates statutory language related to education and consumer awareness, and public outreach for
         contractors, real estate brokers, and sales associates. It also makes other technic al and conforming
         changes.

         The bill also adds the Citizens Property Insurance Corporation to the proposed list of entities that may
         receive program brochures for redistribution.

     B. SECTION DIRECTORY:

        Section 1. Amends s. 215.5586, F.S., relating to My Safe Florida Home Program.


28
   Department of Financial Services, supra note 22, at 2.
29
   This requirement was already in place for the grant portion of the MSFH Program under s. 215.5586(2), F.S.
30 See Fiscal Comments.

31 These elements are bracing of gable ends and upgrading         of roof coverings from code to code plus.
32 The LBC is composed of s even members of the House of Representatives and seven members of the Senate. It meets at least

quarterly throughout the year and its powers and duties include:
        Reviewing and approving or disapproving budget amendments recommended by the Governor or Chief Justice of the Florida
         Supreme Court.
        Developing the long-range financial outlook described in s. 19, Art. III of the State Constitution.
        Exercising all other powers and performing all other duties prescribed by the Legislature. S. 11.910(6), F.S.
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DATE: 3/23/2023
        Section 2. Reenacts s. 215.5588, F.S., relating to Florida Disaster Recovery.

        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:

             See Fiscal Comments.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

             None.

        2. Expenditures:

             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        To the extent that homes that participate in the MSFH Program receive mitigation credits under their
        insurance policies and are less exposed to risk as a result of mitigation retrofitting using grant funds,
        the MSFH Program will have a positive direct economic impact on homeowners. Hurricane mitigation
        contractors may also see an increase in project activity.

    D. FISCAL COMMENTS:

         The bill increases the number of homeowners that are eligible for the MSFH Program, but does not
         include an appropriation beyond the $150 million in nonrecurring funds from GR to DFS appropriated in
         May 2022. Without additional funds being appropriated for the MSFH Program, the expanded eligibility
         may cause funds to run out earlier than originally expected. However, DFS has submitted an amended
         legislative budget request to ask Legislature for an additional $100 million for the mitigation grants
         portion of the MSFH Program.33 DFS anticipates that the $115 million allocated for the mitigation grants
         will be exhausted within the 2022-2023 fiscal year without the additional funding.34

                                                        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.

33 DFS Legislative Budget Request, Expenditures b y Issue and Appropriation Category,

http://floridafiscalportal.state.fl.us/Document.aspx?ID=25277&DocType=PDF (last visited Mar. 2, 2023).
34 Id.

STORAGE NAME: h0881d.COM                                                                                     PAGE: 6
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   B. RULE-MAKING AUTHORITY:

        The bill neither authorizes nor requires administrative rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

        None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

   On March 9, 2023, the Insurance & Banking Subcommittee considered the bill, adopted one amendment,
   and reported it favorably as a committee substitute. The amendment:

        Removes a proposed change in eligibility for the program and maintains current law regarding
         townhomes,
        Deletes proposed authority for the Department of Financial Services to define and apply criteria to
         prioritize inspection applications for funding, and
        Adds the Citizens Property Insurance Corporation to the proposed list of entities that may receive
         program brochures for redistribution.

   The bill analysis is drafted to the bill as reported out of the Insurance & Banking Subcommittee.




STORAGE NAME: h0881d.COM                                                                                  PAGE: 7
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           CS/HB 881                                                                                            2023




    1                                         A bill to be entitled
    2              An act relating to the My Safe Florida Home Program;
    3              amending s. 215.5586, F.S.; providing that licensed,
    4              rather than certified, inspectors are to provide
    5              hurricane mitigation inspections on site-built,
    6              single-family, residential properties that have been
    7              granted a homestead exemption; revising the
    8              information provided to homeowners as part of a
    9              hurricane mitigation inspection; revising the
10                 hurricane mitigation inspectors that may be selected
11                 by the Department of Financial Services to provide
12                 hurricane mitigation inspections; deleting a provision
13                 requiring the department to implement a certain
14                 quality assurance program; revising the criteria for
15                 mitigation grant eligibility for homeowners; deleting
16                 a provision that subjects mitigation projects to
17                 random reinspection for a specified timeframe;
18                 revising the improvements for which mitigation grants
19                 may be used; revising the amount low-income homeowners
20                 may receive from the department under the grant
21                 program; deleting a provision authorizing low-income
22                 homeowners to use grant funds for specified purposes;
23                 deleting a requirement that the department establish
24                 specified criteria for prioritizing grant
25                 applications; authorizing, rather than requiring, the

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        CS/HB 881                                                                                            2023




26              program to develop and distribute certain brochures to
27              specified persons; deleting a provision requiring
28              certain contracts entered into by the department to be
29              reviewed and approved by the Legislative Budget
30              Commission; requiring the department to develop a
31              certain quality assurance and reinspection program;
32              revising the contents of the annual report the
33              department is required to deliver to the Legislature;
34              conforming provisions to changes made by the act;
35              making technical changes; reenacting s. 215.5588(3),
36              F.S., relating to the Florida Disaster Recovery
37              Program, to incorporate the amendments made to s.
38              215.5586, F.S., in a reference thereto; providing an
39              effective date.
40
41      Be It Enacted by the Legislature of the State of Florida:
42
43              Section 1.         Section 215.5586, Florida Statutes, is amended
44      to read:
45              215.5586          My Safe Florida Home Program.—There is
46      established within the Department of Financial Services the My
47      Safe Florida Home Program. The department shall provide fiscal
48      accountability, contract management, and strategic leadership
49      for the program, consistent with this section. This section does
50      not create an entitlement for property owners or obligate the

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        CS/HB 881                                                                                            2023




51      state in any way to fund the inspection or retrofitting of
52      residential property in this state. Implementation of this
53      program is subject to annual legislative appropriations. It is
54      the intent of the Legislature that the My Safe Florida Home
55      Program provide licensed trained and certified inspectors to
56      perform inspections for owners of site-built, single-family,
57      residential properties and grants to eligible applica nts as
58      funding allows. The program shall develop and implement a
59      comprehensive and coordinated approach for hurricane damage
60      mitigation that may include the following:
61              (1)         HURRICANE MITIGATION INSPECTIONS.—
62              (a)         Licensed Certified inspectors are to provide home
63      home-retrofit inspections of site-built, single-family,
64      residential properties for which a homestead exemption has been
65      granted, property may be offered to determine what mitigation
66      measures are needed, what insurance premium discounts may be
67      available, and what improvements to existing residential
68      properties are needed to reduce the property's vulnerability to
69      hurricane damage.
70              (b)         The Department of Financial Services shall contract
71      with wind certification entities to provide hurricane mitigatio n
72      inspections. The inspections provided to homeowners, at a
73      minimum, must include:
74              1.      A home inspection and report that summarizes the
75      results and identifies recommended improvements a homeowner may

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         CS/HB 881                                                                                            2023




 76      take to mitigate hurricane damage.
 77              2.      A range of cost estimates regarding the recommended
 78      mitigation improvements.
 79              3.      Insurer-specific Information regarding estimated
 80      premium discounts, correlated to the current mitigation features
 81      and the recommended mitigation improvements identified by the
 82      inspection.
 83              (c)(b)       To qualify for selection by the department as a
 84      wind certification entity to provide hurricane mitigation
 85      inspections, the entity must shall, at a minimum, meet the
 86      following requirements:
 87              1.      Use hurricane mitigation inspectors who are licensed or
 88      certified as:
 89              a.      Are certified as A building inspector under s. 468.607;
 90              b.      Are licensed as A general, building, or residential
 91      contractor under s. 489.111;
 92              c.      Are licensed as A professional engineer under s.
 93      471.015 and who have passed the appropriate equivalency test of
 94      the building code training program as required by s. 553.841 ;
 95              d.      Are licensed as A professional architect under s.
 96      481.213; or
 97              e.      A home inspector under s. 468.8314 and who have
 98      completed at least 3 hours of hurricane mitigation training
 99      approved by the Construction Industry Licensing Board, which
100      training must include hurricane mitigation techniques and

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         CS/HB 881                                                                                            2023




101      compliance with the uniform mitigation verification form and
102      completion of a proficiency exam Have at least 2 years of
103      experience in residential construction or residential building
104      inspection and have received specialized training in hurricane
105      mitigation procedures. Such training may be provided by a class
106      offered online or in person.
107              2.      Use hurricane mitigation inspectors who also:
108              a.      have undergone drug testing and a level II background
109      screening. The department may conduct criminal record checks of
110      inspectors used by wind certification entities. Inspectors must
111      submit a set of the fingerprints to the department for state and
112      national criminal history checks and must pay the fingerprint
113      processing fee set forth in s. 624.501. The fingerprints must
114      shall be sent by the department to the Department of Law
115      Enforcement and forwarded to the Federal Bureau of Investigation
116      for processing. The results must shall be returned to the
117      department for screening. The fingerprints must shall be taken
118      by a law enforcement agency, designated examination center, or
119      other department-approved entity; and
120              b.      Have been certified, in a manner satisfactory to the
121      department, to conduct the inspections.
122              3.      Provide a quality assurance program including a
123      reinspection component.
124              (c)         The department shall implement a quality assurance
125      program that includes a statistically valid number of

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         CS/HB 881                                                                                            2023




126      reinspections.
127              (d)         An application for an inspection must contain a signed
128      or electronically verified statement made under penalty of
129      perjury that the applicant has submitted only a single
130      application for that home.
131              (e)         The owner of a site-built, single-family, residential
132      property for which a homestead exemption has been granted may
133      apply for and receive an inspection without also applying for a
134      grant pursuant to subsection (2) and without meeting the
135      requirements of paragraph (2)(a).
136              (2)         MITIGATION GRANTS.—Financial grants shall be used to
137      encourage single-family, site-built, owner-occupied, residential
138      property owners to retrofit their properties to make them le ss
139      vulnerable to hurricane damage.
140              (a)         For a homeowner to be eligible for a grant, the
141      following criteria must be met:
142              1.      The homeowner must have been granted a homestead
143      exemption on the home under chapter 196.
144              2.      The home must be a dwelling with an insured value of
145      $500,000 or less. Homeowners who are low-income persons, as
146      defined in s. 420.0004(11), are exempt from this requirement.
147              3.      The home must undergo have undergone an acceptable
148      hurricane mitigation inspection as provided in subsection (1)
149      after July 1, 2008.
150              4.      The home must be located in the "wind-borne debris

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         CS/HB 881                                                                                            2023




151      region" as that term is defined in the Florida Building Code.
152              4.5.        The building permit application for initial
153      construction of the home must have been made before January 1,
154      2008.
155              5.6.        The homeowner must agree to make his or her home
156      available for inspection once a mitigation project is completed.
157
158      An application for a grant must contain a signed or
159      electronically verified statement made under penalty of perjury
160      that the applicant has submitted only a single application and
161      must have attached documents demonstrating the applicant meets
162      the requirements of this paragraph.
163              (b)         All grants must be matched on the basis of $1 provided
164      by the applicant for $2 provided by the state up to a maximum
165      state contribution of $10,000 toward the actual cost of the
166      mitigation project.
167              (c)         The program shall create a process in which
168      contractors agree to participate and homeowners select from a
169      list of participating contractors. All mitigation must be based
170      upon the securing of all required local permits and inspections
171      and must be performed by properly licensed contractors.
172      Mitigation projects are subject to random reinspection of up to
173      at least 5 percent of all projects. Hurricane mitigation
174      inspectors qualifying for the program may also participate as
175      mitigation contractors as long as the inspectors meet the

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         CS/HB 881                                                                                            2023




176      department's qualifications and certification requirements for
177      mitigation contractors.
178              (d)         Matching fund grants shall also be made available to
179      local governments and nonprofit entities for projects that will
180      reduce hurricane damage to single-family, site-built, owner-
181      occupied, residential property. The department shall liberally
182      construe those requirements in favor of availing the state of
183      the opportunity to leverage funding for the My Safe Florida Home
184      Program with other sources of funding.
185              (e)         When recommended by a hurricane mitigation inspection,
186      grants may be used for the following improvements:
187              1.      Opening protection.
188              2.      Exterior doors, including garage doors.
189              3.      Brace gable ends.
190              3.4.        Reinforcing roof-to-wall connections.
191              4.5.        Improving the strength of roof-deck attachments.
192              6.      Upgrading roof covering from code to code plus.
193              5.7.        Secondary water barrier for roof.
194
195      The department may require that improvements be made to all
196      openings, including exterior doors and garage doors, as a
197      condition of reimbursing a homeowner approved for a grant. The
198      department may adopt, by rule, the maximum grant allowances for
199      any improvement allowable under this paragraph.
200              (f)         Grants may be used on a previously inspected existing

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         CS/HB 881                                                                                            2023




201      structure or on a rebuild. A rebuild is defined as a site-built,
202      single-family dwelling under construction to replace a home that
203      was destroyed or significantly damaged by a hurricane and deemed
204      unlivable by a regulatory authority. The homeowner must be a
205      low-income homeowner as defined in paragraph (g), must have had
206      a homestead exemption for that home before prior to the
207      hurricane, and must be intending to rebuild the home as that
208      homeowner's homestead.
209              (g)         Low-income homeowners, as defined in s. 420.0004(11),
210      who otherwise meet the requirements of paragraphs (a), (c), (e),
211      and (f) are eligible for a grant of up to $10,000 $5,000 and are
212      not required to provide a matching amount to receive the grant.
213      Additionally, for low-income homeowners, grant funding may be
214      used for repair to existing structures leading to any of the
215      mitigation improvements provided in paragraph (e), limited to 20
216      percent of the grant value. The program may accept a
217      certification directly from a low-income homeowner that the
218      homeowner meets the requirements of s. 420.0004(11) if the
219      homeowner provides such certification in a signed or
220      electronically verified statement made under penalty of perj ury.
221              (h)         The department shall establish objective, reasonable
222      criteria for prioritizing grant applications, consistent with
223      the requirements of this section.
224              (h)(i)        The department shall develop a process that ensures
225      the most efficient means to collect and verify grant

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         CS/HB 881                                                                                            2023




226      applications to determine eligibility and may direct hurricane
227      mitigation inspectors to collect and verify grant application
228      information or use the Internet or other electronic means to
229      collect information and determine eligibility.
230              (3)         EDUCATION, AND CONSUMER AWARENESS, AND OUTREACH.—
231              (a)         The department may undertake a statewide multimedia
232      public outreach and advertising campaign to inform consumers of
233      the availability and benefits of hurricane inspections and of
234      the safety and financial benefits of residential hurricane
235      damage mitigation. The department may seek out and use local,
236      state, federal, and private funds to support the campaign.
237              (b)         The program may develop brochures for distribution to
238      Citizens Property Insurance Corporation, general contractors,
239      roofing contractors, and real estate brokers and sales
240      associates who are licensed under part I of chapter 475 which
241      provide information on the benefits to homeowners of residential
242      hurricane damage mitigation. Citizens Property Insurance
243      Corporation is encouraged to distribute the brochure to
244      policyholders of the corporation. Contractors are encouraged to
245      distribute the brochures to homeowners at the first meeting with
246      a homeowner who is considering contracting for home or roof
247      repair or contracting for the construction of a new home. Real
248      estate brokers and sales associates are encouraged to distribute
249      the brochure to clients before the purchase of a home. The
250      brochures may be made available electronically.

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         CS/HB 881                                                                                            2023




251              (4)         FUNDING.—The department may seek out and leverage
252      local, state, federal, or private funds to enhance the financial
253      resources of the program.
254              (5)         RULES.—The Department of Financial Services shall
255      adopt rules pursuant to ss. 120.536(1) and 120.54 to govern the
256      program; implement the provisions of this section; including
257      rules governing hurricane mitigation inspections and grants,
258      mitigation contractors, and training of inspectors and
259      contractors; and carry out the duties of the department under
260      this section.
261              (6)         HURRICANE MITIGATION INSPECTOR LIST.—The department
262      shall develop and maintain as a public record a current list of
263      hurricane mitigation inspectors authorized to conduct hurricane
264      mitigation inspections pursuant to this section.
265              (7)         PUBLIC OUTREACH FOR CONTRACTORS AND REAL ESTATE
266      BROKERS AND SALES ASSOCIATES.—The program shall develop
267      brochures for distribution to general contractors, roofing
268      contractors, and real estate brokers and sales associates
269      licensed under part I of chapter 475 explaining the benefits to
270      homeowners of residential hurricane damage mitigation. The
271      program shall encourage contractors to distribute the brochures
272      to homeowners at the first meeting with a homeowner who is
273      considering contracting for home or roof repairs or contracting
274      for the construction of a new home. The program shall encourage
275      real estate brokers and sales associates licensed under part I

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         CS/HB 881                                                                                            2023




276      of chapter 475 to distribute the brochures to clients prior to
277      the purchase of a home. The brochures may be made available
278      electronically.
279              (7)(8)        CONTRACT MANAGEMENT.—
280              (a)         The department may contract with third parties for
281      grants management, inspection services, contractor services for
282      low-income homeowners, information technology, educational
283      outreach, and auditing services. Such contracts are shall be
284      considered direct costs of the program and are shall not be
285      subject to administrative cost limits, but contracts valued at
286      $1 million or more shall be subject to review and approval by
287      the Legislative Budget Commission. The department shall contract
288      with providers that have a demonstrated record of successful
289      business operations in areas directly related to the services to
290      be provided and shall ensure the highest accountability for use
291      of state funds, consistent with this section.
292              (b)         The department shall implement a quality assurance and
293      reinspection program that determines whether initial inspections
294      and home improvements are completed in a manner consistent with
295      the intent of the program. The department may use valid random
296      sampling in order to perform the quality assurance portion of
297      the program.
298              (8)(9)        INTENT.—It is the intent of the Legislature that
299      grants made to residential property owners under this section
300      shall be considered disaster-relief assistance within the

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         CS/HB 881                                                                                            2023




301      meaning of s. 139 of the Internal Revenue Code of 1986, as
302      amended.
303              (9)(10)        REPORTS.—The department shall make an annual
304      report on the activities of the program that shall account for
305      the use of state funds and indicate the number of inspections
306      requested, the number of inspections performed, the number of
307      grant applications received, the number and value of grants
308      approved, and the estimated average annual amount of insurance
309      premium discounts and total estimated annual amount of insurance
310      premium discounts homeowners received from insurers as a result
311      of mitigation funded through the program. The report must shall
312      be delivered to the President of the Senate and the Speaker of
313      the House of Representatives by February 1 of each year.
314              Section 2.          For the purpose of incorporating the amendments
315      made by this act to section 215.5586, Florida Statutes, in a
316      reference thereto, subsection (3) of section 215.5588, Florida
317      Statutes, is reenacted to read:
318              215.5588           Florida Disaster Recovery Program.—
319              (3)         Up to 78 percent of these funds may be used to
320      complement the grants awarded by the Department of Financial
321      Services under s. 215.5586 and fund other eligible disaster-
322      related activities supporting housing rehabilitation, hardening,
323      mitigation, and infrastructure improvements at the request of
324      the local governments in order to assist the State of Florida in
325      better serving low-income homeowners in single-family housing

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         CS/HB 881                                                                                            2023




326      units, including, but not limited to, condominiums. Up to 20
327      percent of the funds may be used to provide inspections and
328      mitigation improvements to multifamily units receiving rental
329      assistance under projects of the United States Department of
330      Housing and Urban Development or the Rural Development Division
331      of the United States Department of Agriculture.
332              Section 3.         This act shall take effect July 1, 2023.




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HB 1091
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1091 Licensing Fee Relief
SPONSOR(S): Alvarez
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Regulatory Reform & Economic Development                 14 Y, 0 N               Wright             Anstead
       Subcommittee

    2) State Administration & Technology                        14 Y, 0 N               Helpling           Topp
       Appropriations Subcommittee

    3) Commerce Committee                                                               Wright             Hamon


                                             SUMMARY ANALYSIS
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses businesses
and professionals in Florida under the Divisions of Professions, Regulation, Real Estate, and Certified Public
Accounting.

For each professional licensed, DBPR charges an initial license fee and license renewal fee set by statute and
the applicable board, or by DBPR if there is no board for the profession. DBPR also imposes a $5 unlicensed
activity fee on each occupational license, in order to fund efforts to combat unlicensed activity. Certain
professions also require background checks, which requires a separate fee to an outside contractor.

The bill requires DBPR to waive, for the 2023-2024 and 2024-2025 fiscal years:
    50 percent of the initial licensing fee for an applicant applying for an initial license, with such waiver
        limited to a maximum of $200 per year per license.
    50 percent of a licensee's license renewal fee, with such waiver limited to a maximum of $200 per year
        per license.

Such fee waivers may not include any applicable unlicensed activity or background check fees. This waiver
expires July 1, 2025.

The bill provides an appropriation to implement for such waiver in the sum of $50 million in nonrecurring funds
from the General Revenue Fund to DBPR to be deposited into the Professional Regulation Trust Fund for the
2023-2024 fiscal year. Any unexpended balance of funds from this appropriation remaining on June 30, 2024,
shall revert and is appropriated to DBPR for the 2024-2025 fiscal year for the same purpose.

The appropriation provided in the bill will offset the loss of revenue to implement the specified reduction in
licenses. See Fiscal Comments.

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:
          Department of Business and Professional Regulation – Current Situation

         The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
         businesses and professionals in Florida through the following divisions:
             The Division of Administration,
             The Division of Alcoholic Beverages and Tobacco,
             The Division of Certified Public Accounting,
             The Division of Drugs, Devices, and Cosmetics,
             The Division of Florida Condominiums, Timeshares, and Mobile Homes,
             The Division of Hotels and Restaurants,
             The Division of Professions,
             The Division of Real Estate,
             The Division of Regulation,
             The Division of Technology, and
             The Division of Service Operations.1

         The Division of Professions licenses and regulates 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.2

         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. 3
         To ensure compliance with applicable laws and rules by those professions and related businesses,
         Regulations investigates complaints, utilizes compliance mechanisms, and performs inspections.4


1 S. 20.165,   F.S.
2 Florida Department of Business and Professional Regulation, Division of Professions,

http://www.myfloridalicense.com/DBPR/division-of-pro fessions/ (last visited Mar. 12, 2023).
3 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers.
4 Florida Department of Business and Professional Regulation, Division of Regulation,

http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last visited Mar. 12, 2023).
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         The Division of Certified Public Accounting is responsible for the regulation of certified public
         accountants and accounting firms in the state.5

         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.6

         DBPR Professional License Fees

         For each professional license issued by DBPR, there is an initial license fee and a license renewal fee
         set by statute and the applicable board, or by DBPR if there is no board for the profession. DBPR also
         imposes a $5 unlicensed activity fee on each occupational license, in order to fund efforts to combat
         unlicensed activity.7 The initial licensing fees generally range from $258 to $701.9 The renewal license
         fees generally range from $510 to $400.11

         Certain professions also require background checks, which requires a separate fee to an outside
         contractor.

         DBPR Umbrella Chapter

         Chapter 455, F.S., applies to the regulation of professions constituting “any activity, occupation,
         profession, or vocation regulated by DBPR in the Divisions of Certified Public Accounting, Professions,
         Real Estate, and Regulation.”12

         It also provides the general powers of DBPR and sets forth the procedural and administrative
         framework for all of the professional boards housed under DBPR. 13

         Department of Business and Professional Regulation – Effect of the Bill

         The bill requires DBPR to waive, for licenses subject to ch. 455, F.S., during the 2023-2024 and 2024-
         2025 fiscal years:
             50 percent of the initial licensing fee for an applicant applying for an initial license, with such
                 waiver limited to a maximum of $200 per year per license.
             50 percent of a licensee's license renewal fee, with such waiver limited to a maximum of $200
                 per year per license.

         Such fee waivers may not include any applicable unlicensed activity or background check fees. This
         waiver expires July 1, 2025.

         The bill provides an appropriation for such waiver in the sum of $50 million in nonrecurring funds from
         the General Revenue Fund to DBPR to be deposited into the Professional Regulation Trust Fund for
         the 2023-2024 fiscal year. Any unexpended balance of funds from this appropriation remaining on June
         30, 2024, shall revert and is appropriated to DBPR for the 2024-2025 fiscal year for the same purpose.

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

    B. SECTION DIRECTORY:

5 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).
6 S. 475.021, F.S.
7 S. 455.2281, F.S.
8 R. 61-35.002, F.A.C., Interior Designer.
9 R. 61G7-10.002, F.A.C., Employee Leasing Company Controlling Person.
10 R. 61-35.008, F.A.C., Building Code Professionals.
11 R. 61-19.003, F.A.C., Talent Agents.
12 S. 455.01(6), F.S.
13 S. 455.203, F.S.
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       Section 1:     Amends s. 455.213, F.S.; providing a partial fee waiver for FY 23-24 and FY 24-25.
       Section 2:     Provides an appropriation.
       Section 3:     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 fee waivers under the bill will save professional licensees money, which may then be used for
       other business or personal needs.

   D. FISCAL COMMENTS:
       The bill appropriates $50 million nonrecurring funds from the General Revenue Fund to be deposited in
       the Professional Regulation Trust Fund. Any unexpended balance of the $50 million deposited funds
       shall revert on June 30, 2024 and is appropriated to DBPR for the 2024-2025 fiscal year for the same
       purpose. This appropriation will offset the loss of revenue in the Professional Regulation Trust Fund to
       implement the specified temporary licensing fee waivers.

                                              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 act
         requiring the expenditures of funds; reduce the authority that counties or municipalities have to raise
         revenues in the aggregate; or reduce the percentage of state tax shared with counties or
         municipalities.

       2. Other:
         None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

STORAGE NAME: h1091d.COM                                                                                  PAGE: 4
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                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1091d.COM                                                 PAGE: 5
DATE: 3/23/2023
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           HB 1091                                                                                               2023




    1                                         A bill to be entitled
    2                An act relating to licensing fee relief; amending s.
    3                455.213, F.S.; waiving a portion of the initial
    4                license application fee and renewal fees for certain
    5                licenses; providing a maximum waiver; providing an
    6                expiration; providing an appropriation; providing for
    7                disposition of any unexpended balance; providing an
    8                effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                   Section 1.       Subsection (15) is added to section 455.213,
13         Florida Statutes, to read:
14                   455.213       General licensing provisions.—
15                   (15)       For the 2023-2024 and 2024-2025 fiscal years, the
16         department shall waive 50 percent of the initial licensing fee
17         for an applicant applying for an initial license for a
18         profession under this chapter, with such waiver limited to a
19         maximum of $200 per year per license. The department shall waive
20         50 percent of a licensee's license renewal fee for a profession
21         under this chapter, with such waiver limited to a maximum of
22         $200 per year per license. Such fee waivers shall not include
23         any applicable unlicensed activity or background check fees.
24         This subsection expires July 1, 2025.
25                   Section 2.       For the 2023-2024 fiscal year, the sum of $50

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        HB 1091                                                                                               2023




26      million in nonrecurring funds is appropriated from the General
27      Revenue Fund to the Department of Business and Professional
28      Regulation to be deposited into the Professional Regulation
29      Trust Fund to implement this act. Any unexpended balance of
30      funds from this appropriation remaining on June 30, 2024, shall
31      revert and is appropriated to the Department of Business and
32      Professional Regulation for the 2024-2025 fiscal year for the
33      same purpose.
34                Section 3.       This act shall take effect July 1, 2023.




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                                                                                                             hb1091-00
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                 9 Y, 1 N                Thompson           Anstead
     Subcommittee

  2) Commerce Committee                                                               Thompson           Hamon


                                                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 .
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DATE: 3/23/2023
                                                           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 accredited9 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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           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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        HB 1117                                                                                               2023




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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        HB 1117                                                                                               2023




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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         HB 1117                                                                                               2023




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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         HB 1117                                                                                               2023




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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CS/HB 1203
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:      CS/HB 1203 Registrations and Transfers of Heating, Ventilation, and Air-Conditioning System
Manufacturer Warranties
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Maggard
TIED BILLS:         IDEN./SIM. BILLS: SB 1242


  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY
                                                                                                         CHIEF

  1) Regulatory Reform & Economic Development                 14 Y, 0 N, As CS        Larkin             Anstead
     Subcommittee

  2) Commerce Committee                                                               Larkin             Hamon


                                                SUMMARY ANALYSIS
Generally, manufacturers provide a warranty for a Heating, Ventilation, and Air Conditioning (HVAC) system
for 5 to 10 years. The manufacturer warranty covers parts that might fail such as the air compressor or furnace
heat exchanger. The manufacturer will replace or repair any parts at no cost if the parts are covered under the
warranty. If a residential real property is sold to another person, the warranty time may be cut short or may not
be transferable to the new owner. In Florida, most manufacturer warranties are tied to a person instead of the
property. The HVAC manufacturer warranty is tied to the original owner and does not transfer when the
property is sold unless the previous owner transfers it to a new owner if that is an option under the warranty.

The bill:
  Provides that regardless of ownership, an HVAC manufacturer’s warranty runs with the property.
  Provides that an HVAC warrantor continues to be obligated under the terms of the warranty regardless of
     the property owner and may not charge a transfer fee.
  Provides that the transfer of an HVAC manufacturer warranty does not make the existing warranty term
     longer.
  Provides that such warranties are deemed registered if a licensed contractor meets certain requirements.
  Provides that a licensed contractor who installs a new HVAC system must document the installation
     through an invoice or receipt to the customer.

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

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




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

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Warranty Background

         A warranty is an assurance that a manufacturer or seller makes about the condition of its product. 1 A
         warranty means that a manufacturer or seller will replace or repair the product under certain instances.
         A warranty can be either express or implied.2

         An express warranty is a verbal or written assurance for the product.3 On the other hand, an implied
         warranty is an unstated assurance that the product is made for its intended purpose. 4 An implied
         warranty is in addition to an express warranty. However, an implied warranty may be negated or limited
         by an express warranty. There is no implied warranty if a seller states that the product is “as is”, “with
         all faults”, or similar language.5

         Manufacturer Warranties

          A manufacturer warranty attaches to the purchase of the product by the manufacturer. A manufacturer
         warranty is considered a limited warranty because the warranty is only valid for a certain time period
         after the purchase. These terms and conditions are created by the manufacturer. Once the period of
         coverage is over, someone can purchase an extended warranty under different coverage terms to
         extend the protection of the product beyond the terms and conditions laid out in the manufacturer
         warranty.6

         Magnuson-Moss Warranty Act

         The Magnuson-Moss Warranty Act (MMWA)7 is a federal law that governs consumer product
         warranties. Passed in 1975, the Act requires manufacturers and sellers of consumer products to
         provide consumers with detailed information about warranty coverage before and after the sale of the
         warranted product.8

         The MMWA defines three kinds of consumers:
          a buyer of any consumer product;
          any person to whom such product is transferred during the duration of an implied or express
            warranty applicable to the product;
          any other person who is entitled by the terms of such warranty or under applicable State law to
            enforce the obligations of the warranty.9

    Manufacturer Warranties for HVAC Systems- Current Situation


1 Will Kenton, Warranty Definition, Types, Example, and How It Works, Investopedia, Nov. 24, 2022,

https://www.investopedia.com/terms/w/warranty.asp (last visited March 11, 2023).
2 45 Fla. Jur 2d Sales and Exchanges of Goods § 156.
3 “An express warranty is created by an affirmation of fact or promise made by the seller to the buyer that relates to t he goods, by any

description of the goods that is made part of the basis of the bargain, or by any sample or model that is made part of the ba sis of the
bargain.” S. 672.313, F.S.
4 S. 672.314, F.S.
5 S. 672.316, F.S.
6 Tom Scott, Extended Warranties vs. Manufacturer Warranties: What's the Difference?, Fortegra, July 9, 2019,

https://blog.fortegra.com/extended-warranties-vs.-manufacturer-warranties-whats-the-difference (last visited March 11, 2023).
7 15 U.S.C. §§ 2301-2312 (1975).
8 MMWA does not apply if a seller or manufacturer does not provide a warranty on their product. Jason Gordon, Magnuson Moss

Warranty Act – Explained, The Business Profes sor, Sept. 26, 2021, https://thebusinessprofessor.com/en_US/consumer-law/magnuson-
moss-warranty-act (last visited March 12, 2023).
9 O'Connor v. BMW of N. Am., LLC, 905 So. 2d 235, 236–37 (Fla. 2d DCA 2005); see also, § 2310(d) of MMMWA provides that, “a

consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under th is title, or
under a written warranty, implied warranty, or service contract, may bring suit for damages…”
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    Florida

    Most manufacturers require that an HVAC contractor purchase and install the HVAC system before the
    consumer can register the HVAC system for the limited manufacturer warranty. Generally, manufacturers
    provide a warranty for the HVAC system for 5 to 10 years. The warranty covers parts that might fail such as
    the air compressor or furnace heat exchanger. The manufacturer will replace or repair any parts at no cost
    if the parts are covered under the warranty.10 The following are examples of leading HVAC manufacturers
    and their warranty terms:

               Goodman air conditioner warranty: 10-year unit replacement limited warranty, lifetime compressor
                limited warranty on select models.
               Carrier air conditioner warranty: 10-year parts limited warranty on Infinity, Performance, and
                Comfort series models with Puron refrigerant.
               Lennox air conditioner warranty: 10-year limited parts and compressor warranty for Dave Lennox
                Signature® Collection Series models; 5-year limited parts warranty, 10-year compressor
               Trane air conditioner warranty: 1 to 20-year base limited warranty that covers compressor, outdoor
                coil, and internal functioning components.
               Bryant air conditioner warranty: 10-year standard parts limited warranty if registered within 90 days
                of purchase; 5-year standard parts limited warranty if not registered.
               Amana air conditioner warranty: Lifetime limited warranty for compressor, lifetime unit replacement
                warranty, 10-year parts limited warranty, varies by model.

    If a building or house that contains an HVAC system with a manufacturer warranty is sold to another
    person, the warranty time may be cut short or may not transfer to the new owner. The assignment of the
    HVAC warranty to the new owner is contingent upon the terms and conditions for the warranty. 11 In Florida,
    most manufacturer warranties are tied to a person instead of the property. Usually, the manufacturer
    warranty is tied to the original owner and does not transfer when the property is sold unless the previous
    owner transfers it to the new owner if that is an option in the warranty. Below are some typical transfer
    policies:12

 Manufacturer                                                       Transfer Policy
                                  Must register within 90 days of the property sale.
      Carrier                     HVAC must stay in same location.
                                  Subsequent owner will have access to limited warranty with 5-year parts and compressor
                                   coverage.
                                  Can transfer a warranty from the original owner to subsequent owner.
                                  Subsequent owner can access an “unregistered warranty” for 5-year parts and
     Maytag                        compressor coverage and 20-year heat exchanger coverage.
                                  Subsequent owners cannot access the entire coverage period that the original owner had
                                   for the registered warranty.
                                  Warranty stays with the HVAC unit regardless of original or subsequent ownership.
      Trane                       Subsequent owner gets access to the remaining warranty coverage period of the original
                                   owner’s limited warranty with the manufacturer, but the subsequent owner must register
                                   the unit with Trane and pay a transfer fee.

    Other States

    States differ in their approach on the transferability of warranties to a subsequent owner. In Louisiana and
    Texas, warranties automatically transfer the remaining coverage of the original owner, without any cost, to
    the subsequent owner of the property.13 In Alaska, if the lessor has a warranty on personal property and

10 Bryan Carnahan, HVAC Warranties and You: What Are They, and Why Should You Register Your Product?, Fire & Ice Heating and

Air Conditioning, Inc., July 1, 2022, https://indoortemp.com/resources/hvac-warranties-and-product-registration (last visited March 12,
2023).
11 Ralph Desmornes, Does My Air Conditioner Have a Warranty?, HVAC, July 26, 2022, https://www.hvac.com/air-conditioners/does-

my-air-conditioner-have-a-warranty/ (last visited March 12, 2023).
12 Bry'Ana Arvie, Will HVAC Warranties Automatically Transfer over to New Homeowners?, Angi, Aug. 10, 2021,

https://www.angi.com/articles/do-hvac-warranties-transfer-homeowners.htm (visited March 12, 2023).
13 La. Stat. § 9:3148; TX BUS & COM § 608.002(a)-(b) which states the following:

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    the terms of the warranty permit transfer, the lessor may transfer the warranty to the new person who
    acquired ownership.14 Generally, states allow the terms and conditions of the warranty to control whether
    the remaining coverage is transferable to a subsequent owner.

    Manufacturer Warranties for HVAC Systems- Effect of the Bill

    The bill makes the manufacturer warranty for an HVAC system run with the property instead of the person.

    The bill provides that:
        a manufacturer’s warranty for an HVAC system is attached to the residential property, not the
             original owner;
        once a new owner purchases a residential property, the remaining manufacturer warranty coverage
             for an HVAC system is instantly transferred to the new owner;
        a manufacturer continues to be obligated under the terms of a manufacturer’s warranty agreement
             for a warranty that is transferred and may not charge a fee for the transfer of the warranty;
        the transfer of a manufacturer warranty not make the existing warranty term longer;
        a manufacturer’s warranty of an HVAC system is deemed registered with the manufacturer if a
             contractor licensed under part I of chapter 489:
                 o installs the new HVAC system; and
                 o provides the manufacturer of the HVAC system with the date of the issuance of the
                     certificate of occupancy15 for installations relating to new construction, or the serial number
                     of the HVAC system for installations relating to existing construction, as applicable.
        the contractor licensed under part I of chapter 489 who installs a new HVAC system must
             document the installation through an invoice or receipt to the customer.

    Overall, the bill allows a homeowner to be discharged from the responsibility of registering a new HVAC
    system for a manufacturer warranty and the responsibility of transferring the remaining warranty coverage
    for the HVAC system to a new owner.

    B. SECTION DIRECTORY:
         Section 1: Creating s. 559.956, F.S.; requiring manufacturer warranties for heating, ventilation, and air -
         conditioning systems to run with the property; providing that the manufacturer continues to be obligated
         under the terms of a manufacturer warranty agreement regardless of the owner and may not charge a
         transfer fee; providing that the transfer of a warranty not extend the warranty; providing such warranties
         are deemed registered if a contractor licensed under part I of chapter 489 meets certain requirements;
         requiring certain documentation.
         Section 2: Providing an effective date of July 1, 2023.


                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              None.


(a) If residential real property that includes an air conditioning system as a fixture to the property is conveyed to a new o wner, a
manufacturer's warranty in effect on that system or a component of that system on the date of the conveyance:
(1) is automatically transferred to the new owner; and
(2) continues in effect as if the new owner was the original purchaser of the system or compone nt, as applicable.
(b) A warrantor continues to be obligated under the terms of a manufacturer's warranty agreement for a warranty transferred u nder this
section and may not charge a fee for the transfer of the warranty.
14 Alaska Stat. Ann. § 45.35.020.
15 Under the Florida Building Code, a building or structure is not allowed to be used, occupied, or to be changed from its exist ing use or

occupancy until a building official has issued certificate of occupancy. After a building official conducts an inspecti on of a building or a
structure and finds no violations with applicable law, a building official issues a certificate of occupancy. Ss. 111.1 and 1 11.2 of the
Florida Building Code, Seventh edition.
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       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       There would be a positive economic impact for property owners and subsequent property owners as
       they will enjoy the remaining manufacturer warranty coverage for their HVAC system without having to
       file additional paperwork. This means that if they have a faulty HVAC part that is covered under the
       warranty, then there will be no cost to repair that part.

       There will likely be a positive economic impact on HVAC contractor industry professionals because
       consumers will be more likely to hire them to repair their HVAC system when the costs of the parts
       would be covered under the warranty and the consumers would only pay for cost of the labor.

       It is unclear whether manufacturers will increase product costs based on any increase in payouts on
       warranties.

   D. FISCAL COMMENTS:



                                              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:

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On March 16, 2023, the Regulatory Reform & Economic Development Subcommittee adopted one
   amendment and reported the bill favorably as a committee substitute. The committee substitute:
    Clarifies that a manufacturer’s warranty for an HVAC system is attached to the property and not to the
      original purchaser.
    Clarifies that this bill only applies to residential real properties.
    Provides that the warrantor continues to be obligated under the terms of a manufacturer’s warranty and
      cannot charge the new owner a transfer fee.

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      Provides that the transfer of the warranty to the new owner does not make the existing warranty term
       longer.
      Provides that such warranties are deemed registered if a contractor meets certain requirements.
      Provides that a contractor must document the HVAC system installation and provide the invoice or
       receipt to the customer.
      Makes technical and conforming changes.

   This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
   Development Subcommittee.




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           CS/HB 1203                                                                                           2023




    1                                         A bill to be entitled
    2              An act relating to registrations and transfers of
    3              heating, ventilation, and air-conditioning system
    4              manufacturer warranties; creating s. 559.956, F.S.;
    5              requiring a manufacturer's warranty for a heating,
    6              ventilation, and air conditioning (HVAC) system to run
    7              with the property; providing that a warrantor
    8              continues to be obligated under the terms of a
    9              manufacturer's warranty agreement regardless of the
10                 property owner and may not charge a transfer fee;
11                 providing that the transfer of a warranty does not
12                 extend the warranty; providing that a warranty is
13                 deemed registered if a contractor licensed under part
14                 I of chapter 489, F.S., meets certain requirements;
15                 requiring certain documentation; providing an
16                 effective date.
17
18         Be It Enacted by the Legislature of the State of Florida:
19
20                 Section 1.         Section 559.956, Florida Statutes, is created
21         to read:
22                 559.956        Registrations and transfers of heating,
23         ventilation, and air-conditioning system manufacturer
24         warranties; required contractor documentation.—
25                 (1)         If a residential real property that includes a

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        CS/HB 1203                                                                                           2023




26      heating, ventilation, and air-conditioning (HVAC) system as a
27      fixture to the property is conveyed to a new owner, a
28      manufacturer's warranty in effect on that system or a component
29      of that system:
30              (a)         Is automatically transferred to the new owner; and
31              (b)         Continues in effect as if the new owner was the
32      original purchaser of such system or component, as applicable.
33              (2)         A warrantor continues to be obligated under the terms
34      of a manufacturer's warranty agreement for a warranty
35      transferred under this section and may not charge a fee for the
36      transfer of the warranty.
37              (3)         The transfer of a manufacturer's warranty under this
38      section does not extend the remaining term of the warranty.
39              (4)         A manufacturer's warranty for an HVAC system is deemed
40      registered with the manufacturer if a contractor licensed under
41      part I of chapter 489:
42              (a)         Installs the new HVAC system; and
43              (b)         Provides the manufacturer of the HVAC system with the
44      date of the issuance of the certificate of occupancy for
45      installations relating to new construction, or the serial number
46      of the HVAC system for installations relating to existing
47      construction, as applicable.
48              (5)         A contractor licensed under part I of chapter 489 who
49      installs a new HVAC system must document the installation
50      through an invoice or a receipt and provide the invoice or

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        CS/HB 1203                                                                                           2023




51      receipt to the customer.
52              Section 2.         This act shall take effect July 1, 2023.




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                                                                                                         hb1203-01-c1
PCB COM 23-02
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCB COM 23-02 Central Bank Digital Currency
SPONSOR(S): Commerce Committee
TIED BILLS:      IDEN./SIM. BILLS:

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Commerce Committee                                                           Fletcher              Hamon


                                                        SUMMARY ANALYSIS

Digital currency is a virtual representation of a value that is not available in physical form but which can be
used as a medium of exchange, a unit of account, or a store of value. Digital currency is stored and transacted
in electronic form and does not have the status of U.S. currency in any U.S. jurisdiction. Digital currency
includes a subset of currencies referred to as cryptocurrencies (i.e., Bitcoin) which are protected by
cryptography.

Central bank digital currency (CBDC) is a digital currency authorized by a sovereign central bank or
government as a digital representation of a certain denomination of currency. In the U.S. today, standard U.S.
currency is the only type of central bank money available for use by the general public.

Proponents of CBDC claim it would accomplish goals of financial inclusion and promoting the U.S. currency’s
international role as a reserve currency and a medium of exchange for international trade. However, the
issuance of a CBDC would rewire the fundamental infrastructure of America’s banking and financial system by
changing the relationship between citizens and money.

While the Federal Reserve has made no decisions on whether to pursue or implement a CBDC, the Uniform
Law Commission (ULC) and American Law Institute (ALI) have drafted model amendments to the Uniform
Commercial Code to address emerging technologies and provide updated rules for commercial transactions
involving virtual currencies, distributed ledger technologies (including blockchain), and other technological
developments. These suggested model amendments have not been adopted by Florida.

The bill amends Florida’s Uniform Commercial Code (UCC), codified at ch. 670-680, F.S., to expressly prohibit
the use of a CBDC in Florida.

The bill has no impact on state or local revenues and expenditures and an indeterminate impact on the private
sector.

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




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcb02.COM
DATE: 3/24/2023
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Background

        Money in the U.S.

        In 1792, Congress passed the Mint Act which established the coinage system of the United States and
        dollar as the principal unit of U.S. currency. 1 The first U.S. coins were struck in 1793 at the Philadelphia
        Mint, and the first paper money was issued in 1861. 2 In the interim years, the U.S. government issued
        "Treasury notes" intermittently during periods of financial stress, such as the War of 1812, the Mexican
        War of 1846, and the Panic of 1857. 3

        Years later in 1913, Congress passed the Federal Reserve Act, establishing America’s Federal
        Reserve System and authorized the Federal Reserve Banks to issue Federal Reserve Bank notes,
        which they began issuing in 1914. 4 The first electronic payment was made in the 1871, when Western
        Union debuted the electronic fund transfer system. 5

        Money serves as a medium of exchange 6, a store of value 7, and a unit of account 8. In the U.S. today,
        money takes multiple forms:
          • Central bank money is a liability of the central bank. In the U.S., central bank money comes in
              the form of physical currency issued by the Federal Reserve and digital balances held by
              commercial banks at the Federal Reserve. 9
          • Commercial bank money is the digital form of money that is most commonly used by the
              public. Commercial bank money is held in accounts at commercial banks. 10
          • Nonbank money is digital money held as balances at nonbank financial service providers.
              These firms typically conduct balance transfers on their own books using a range of
              technologies, including mobile apps. 11

        U.S. currency is largely digital today. According to Harvard Business Review, over 97% of the money in
        circulation today is from checking deposits – U.S. currency deposited online and converted into a string

1 National Credit Union Administration, History of the United States Currency, https://mycreditunion.gov/financial-

resources/history-united-states-
currency#:~:text=After%20the%20U.S.%20Constitution%20was,the%20decimal%20system%20for%20currency. (last
visited Mar. 24, 2023).
2 Id.
3 Id.
4 Id.
5 CSG Forte, Electronic Payments: A Brief History, Jul. 27, 2021, https://www.forte.net/electronic-payments-a-brief-history/

(last visited Mar. 24, 2023).
6 “A ‘medium of exchange’ is a function of money that expedites trade between a buyer and seller because it is widely

accepted as payment for a good or service. Most societies use their currency, but stones, salt, gold, and tobacco have
been used as a medium of exchange.” Higher Rock Education, Medium of Exchange,
https://www.higherrockeducation.org/glossary-of-terms/medium-of-exchange (last visited Mar. 24, 2023).
7 “Store of value” describes a currency that can be stored and retrieved at a later date, without depreciating. Amoussou,

Madela, What is a ‘Store of Value’? Securities.io, Jan. 4, 2023, https://www.securities.io/what-is-a-store-of-value/ (last
visited Mar. 24, 2023).
8 “A unit of account refers to a measurement that can be used to value goods and services, make calculations and record

debt.” Study Smarter, Unit of Account Costs, https://www.studysmarter.us/explanations/macroeconomics/economic-
performance/unit-of-account-costs/ (last visited Mar. 24, 2023).
9 Board of Governors of the Federal Reserve System, Money and Payments: The U.S. Digital Dollar in the Age of Digital

Transformation, Jan. 2022, https://www.federalreserve.gov/publications/files/money-and-payments-20220120.pdf (last
visited Mar. 24, 2023).
10 Id.
11 Id.
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        of digital code by a commercial bank. 12 The digitization of credit and debit card transactions and the
        development of banking apps has moved many traditionally cash-based transactions into the digital
        space. 13

        Digital Currencies

        Digital currency is a virtual representation of a value that is not available in physical form but which can
        be used as a medium of exchange, a unit of account, or a store of value. 14 Digital currency is stored
        and transacted in electronic form and does not have the status of U.S. currency in any U.S.
        jurisdiction. 15 Digital currencies can be issued in two ways: decentralized and centralized. 16 Most
        privately issued digital currencies, such as Bitcoin, belong to decentralized digital currencies, while
        central bank digital currencies (CBDCs) are centralized currencies issued by central banks. 17

        Some specific characteristics of a CBDC include:
          • Liability of the central bank or government that authorizes and/or issues the CBDC;
          • Issuance directly to consumers (i.e., circumventing the intermediary role of commercial banks);
          • Usage of distributed ledger technology (such as blockchain) that allow computers in different
              locations to propose and validate transactions and update records in a synchronized way across
              a network. 18

        Notwithstanding the above, a CBDC does not need to have all of the above characteristics to be
        considered as a CBDC.

        Westlaw defines CBDC as a digital currency issued by a sovereign central bank or government as a
        digital representation of a certain denomination of currency. 19 The value of a CBDC does not fluctuate
        other than as the value of the underlying currency moves in relation to other currencies. 20 In the U.S.
        today, standard U.S. currency is the only type of central bank money available for use by the general
        public. 21

        In March 2022, President Biden issued an executive order directing federal agencies to assess the
        benefits and potential risks of the integration of digital assets into the mainstream and, notably, the
        development and integration of a CBDC in America. 22 Proponents of CBDC claim it would accomplish




12 Mookerjee, Ajay S., What If Central Banks Issued Digital Currency? Harvard Business Review, Oct. 15, 2021,

https://hbr.org/2021/10/what-if-central-banks-issued-digital-
currency#:~:text=Over%2097%25%20of%20the%20money,code%20by%20a%20commercial%20bank. (last visited Mar.
24, 2023).
13 Id.
14 Westlaw, Definition of virtual currency,

https://1.next.westlaw.com/Document/I1c0f4fc4505011e89bf199c0ee06c731/View/FullText.html?ppcid=d154a21215fa49b
2b97bc6db2c6392a5&originationContext=knowHow&transitionType=KnowHowItem&contextData=%28sc.Default%29
(last visited Mar. 22, 2023).
15 Id.
16 Yang, Zhou, A study on the influence mechanism of CBDC on monetary policy: An analysis based on e-CNY,

https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0268471 (last visited Mar. 23, 2023).
17 Id.
18 Bank for International Settlements, Central bank digital currencies – executive summary,

https://www.bis.org/publ/othp42.pdf (last visited Mar. 24, 2023).
19 Westlaw, Definition of central bank digital currency, https://1.next.westlaw.com/w-032-

2803?VR=3.0&RS=cblt1.0&__lrTS=20230323210728711&transitionType=Default&contextData=(sc.Default)&firstPage=tr
ue&bhcp=1 (last visited Mar. 23, 2023).
20 Id.
21 Board of Governors of the Federal Reserve System, Central Bank Digital Currency (CBDC),

https://www.federalreserve.gov/central-bank-digital-currency.htm (last visited Mar. 22, 2023).
22 See Executive Order on Ensuring Responsible Development of Digital Assets, https://www.whitehouse.gov/briefing-

room/presidential-actions/2022/03/09/executive-order-on-ensuring-responsible-development-of-digital-assets/ (last visited
Mar. 22, 2023).
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DATE: 3/24/2023
       goals of financial inclusion and promoting the U.S. currency’s international role as a reserve currency
       and a medium of exchange for international trade. 23

       Others claim the issuance of a CBDC is not needed to digitize U.S. currency, as U.S. currency is
       largely digital today. 24 Moreover, the issuance of a CBDC would rewire the fundamental infrastructure
       of America’s banking and financial system by changing the relationship between citizens and money. 25
       According to the Acting Comptroller of the Currency Michael Hsu, America’s current two-tier banking
       system (i.e., the use of commercial banks as an intermediary between the public and the Federal
       Reserve) “is not an accident. It is the result of a carefully architected monetary and banking system.”
       Moreover, the American Banking Association has argued that “any potential benefits of a CBDC are
       uncertain and unlikely to be realized; the costs of offering a CBDC are real and acute; and there are
       better ways to achieve the shared objectives that do not put America’s financial system or economy at
       risk.” 26

       2022 Model Amendments to the UCC

       While the Federal Reserve has made no decisions on whether to pursue or implement a CBDC, the
       Uniform Law Commission (ULC) and American Law Institute (ALI) have drafted model amendments to
       the Uniform Commercial Code (UCC) to address emerging technologies and provide updated rules for
       commercial transactions involving virtual currencies, distributed ledger technologies (including
       blockchain), and other technological developments. 27

       The UCC model amendments add to the definition of “money:”
             “The term does not include an electronic record that is a medium of
             exchange recorded and transferable in a system that existed and operated
             for the medium of exchange before the medium of exchange was
             authorized or adopted by the government.” 28

       In other words, the definition of “money” in the UCC model amendments excludes digital currency,
       unless such digital currency has been authorized or adopted by the federal government. In effect, the
       UCC model amendments open the door for the implementation of U.S. CBDC while excluding any other
       digital currency not issued by a centralized bank that has not been adopted by the government (i.e.,
       Bitcoin or the like, cannot be elevated to the status of money). These suggested model amendments
       have not been adopted by Florida.

       Florida’s UCC

       Florida’s Uniform Commercial Code (UCC), codified at ch. 670-680, F.S., regulates commercial and
       secured transactions in the state. Florida’s UCC currently defines “money” as “a medium of exchange
       currently authorized or adopted by a domestic or foreign government. The term includes a monetary
       unit of account established by an intergovernmental organization or by agreement between two or more
       countries.” 29




23 Board of Governors of the Federal Reserve System, Money and Payments: The U.S. Digital Dollar in the Age of Digital

Transformation, supra.
24 American Bankers Association, supra.
25 Id.
26 Id.
27 Uniform Law Commission, UCC, 2022 Amendments to, https://www.uniformlaws.org/committees/community-

home?CommunityKey=1457c422-ddb7-40b0-8c76-39a1991651ac (last visited Mar. 22, 2023).
28 Uniform Law Commission and the American Law Institute, Uniform Commercial Code Amendments (2022),

https://higherlogicdownload.s3-external-1.amazonaws.com/UNIFORMLAWS/f12fdae2-9355-569d-d66d-
88c0e68ff080_file.pdf?AWSAccessKeyId=AKIAVRDO7IEREB57R7MT&Expires=1679518672&Signature=%2BH%2Fxe8
5ZlpbwlyZarD36lOpgHeg%3D, Section 1-201(b)(24).
29 S. 671.201(24), F.S.
STORAGE NAME: pcb02.COM                                                                                         PAGE: 4
DATE: 3/24/2023
       Effect of the Bill

       The bill amends Florida’s UCC to:
          • Provide a definition for the term “central bank digital currency.” CBDC is:
                  o Digital currency, a digital medium of exchange, or a digital monetary unit of account
                     issued by the United States Federal Reserve System, a federal agency, a foreign
                     government, a foreign central bank, or a foreign reserve system, that is made directly
                     available to a consumer by such entities.
                  o The term includes a digital currency, a digital medium of exchange, or a digital monetary
                     unit of account issued by the United States Federal Reserve System, a federal agency,
                     a foreign government, a foreign central bank, or a foreign reserve system, that is
                     processed or validated directly by such entities; and
          • Exclude CBDC from the definition of “money.”

       In effect, the bill amends Florida’s UCC to exclude CBDC as “money” for purposes of Florida’s UCC.
       Therefore, CBDC, as defined in the bill, could not be used in Florida as money.

   B. SECTION DIRECTORY:

       Section 1:     Amends s. 671.201, F.S., relating to general definitions.

       Section 2:     Amends s. 328.0015, F.S., relating to definitions.

       Section 3:     Amends s. 559.9232, F.S., relating to definitions; exclusion of rental-purchase
                      agreements from certain regulations.

       Section 4:     Amends s. 563.022, F.S., relating to relations between beer distributors and
                      manufacturers.

       Section 5:     Amends s. 668.50, F.S., relating to Uniform Electronic Transaction Act.

       Section 6:     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:

STORAGE NAME: pcb02.COM                                                                                 PAGE: 5
DATE: 3/24/2023
        If the federal government enacts a U.S. CBDC, as defined by the bill, it could not be used as “money”
        for purposes of the Florida UCC. This could have an indeterminate fiscal impact on financial
        transactions in Florida.

    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:

            If the federal government enacts a U.S. CBDC, the bill could implicate the Supremacy Clause. 30
            Notwithstanding whether or not the federal government enacts a U.S. CBDC, the bill could also
            implicate the Dormant Commerce Clause. 31

    B. RULE-MAKING AUTHORITY:

        Not applicable. The bill does not appear to create or modify rule-making authority.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        In the U.S. today, physical currency only represents 3% of U.S. currency in circulation. The remainder
        is essentially “electronic” or “digital” now. However, both physical and electronic U.S. currency are
        distributed, processed, and validated through the complex and private U.S. financial system. The bill
        does not appear to negatively impact this current system.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




30 “The Constitution’s Supremacy Clause provides that federal law is ‘the supreme Law of the Land’ notwithstanding any

state law to the contrary. This language is the foundation for the doctrine of federal preemption, according to which federal
law supersedes conflicting state laws.” Congressional Research Service, Federal Preemption: A Legal Primer,
https://sgp.fas.org/crs/misc/R45825.pdf (last visited Mar. 23, 2023).
31 “In contrast to the doctrine of preemption, which generally applies in areas where Congress has acted, the so-called

Dormant Commerce Clause may bar state or local regulations even where there is no relevant congressional legislation.
Although the Commerce Clause is framed as a positive grant of power to Congress and not an explicit limit on states’
authority, the Supreme Court has also interpreted the Clause to prohibit state laws that unduly restrict interstate
commerce even in the absence of congressional legislation—i.e., where Congress is dormant. [… Under the Dormant
Commerce Clause,] states may not take actions that are facially neutral but unduly burden interstate commerce.”
Constitution Annotated, Artl.S8.C3.7.1 Overview of Dormant Commerce Clause,
https://constitution.congress.gov/browse/essay/artI-S8-C3-7-1/ALDE_00013307/ (last visited Mar. 23, 2023).
STORAGE NAME: pcb02.COM                                                                                              PAGE: 6
DATE: 3/24/2023
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           PCB COM 23-02                                                                                        2023




    1                                         A bill to be entitled
    2              An act relating to central bank digital currency;
    3              amending s. 671.201, F.S.; defining the term "central
    4              bank digital currency" and revising the definition of
    5              the term "money" for purposes of the Uniform
    6              Commercial Code; amending ss. 328.0015, 559.9232,
    7              563.022, and 668.50, F.S.; conforming cross-references
    8              to changes made by the act; providing an effective
    9              date.
10
11         Be It Enacted by the Legislature of the State of Florida:
12
13                 Section 1.         Subsections (10) through (46) of section
14         671.201, Florida Statutes, are renumbered as subsections (11)
15         through (47), respectively, present subsections (24) and (26) of
16         that section are amended, and a new subsection (10) is added to
17         that section, to read:
18                 671.201       General definitions.—Unless the context otherwise
19         requires, words or phrases defined in this section, or in the
20         additional definitions contained in other chapters of this code
21         which apply to particular chapters or parts thereof, have the
22         meanings stated. Subject to definitions contained in other
23         chapters of this code which apply to particular chapters or
24         parts thereof, the term:



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        PCB COM 23-02                                                                                        2023




25              (10)        "Central bank digital currency," means a digital
26      currency, a digital medium of exchange, or a digital monetary
27      unit of account issued by the United States Federal Reserve
28      System, a federal agency, a foreign government, a foreign
29      central bank, or a foreign reserve system, that is made directly
30      available to a consumer by such entities. The term includes a
31      digital currency, a digital medium of exchange, or a digital
32      monetary unit of account issued by the United States Federal
33      Reserve System, a federal agency, a foreign government, a
34      foreign central bank, or a foreign reserve system, that is
35      processed or validated directly by such entities.
36              (25)(24)           "Money" means a medium of exchange that is
37      currently authorized or adopted by a domestic or foreign
38      government. The term includes a monetary unit of account
39      established by an intergovernmental organization or by agreement
40      between two or more countries. The term does not include a
41      central bank digital currency.
42              (27)(26)           A person "notifies" or "gives" a notice or
43      notification to another person by taking such steps as may be
44      reasonably required to inform the other person in ordinary
45      course, whether or not the other person actually comes to know
46      of it. Subject to subsection (28) (27), a person "receives" a
47      notice or notification when:
48              (a)         It comes to that person's attention; or



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        PCB COM 23-02                                                                                        2023




49              (b)         It is duly delivered in a form reasonable under the
50      circumstances at the place of business through which the
51      contract was made or at another location held out by that person
52      as the place for receipt of such communications.
53              Section 2.          Paragraphs (c), (j), and (n) of subsection (2)
54      of section 328.0015, Florida Statutes, are amended to read:
55              328.0015           Definitions.—
56              (2)         The following definitions and terms also apply to this
57      part:
58              (c)         "Conspicuous" as defined in s. 671.201(11) s.
59      671.201(10).
60              (j)         "Representative" as defined in s. 671.201(37) s.
61      671.201(36).
62              (n)         "Send" as defined in s. 671.201(40) s. 671.201(39).
63              Section 3.          Paragraph (f) of subsection (2) of section
64      559.9232, Florida Statutes, is amended to read:
65              559.9232           Definitions; exclusion of rental-purchase
66      agreements from certain regulations.—
67              (2)         A rental-purchase agreement that complies with this
68      act shall not be construed to be, nor be governed by, any of the
69      following:
70              (f)         A security interest as defined in s. 671.201(39) s.
71      671.201(38).
72              Section 4.          Paragraph (g) of subsection (2) of section
73      563.022, Florida Statutes, is amended to read:

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        PCB COM 23-02                                                                                        2023




74              563.022        Relations between beer distributors and
75      manufacturers.—
76              (2)         DEFINITIONS.—In construing this section, unless the
77      context otherwise requires, the word, phrase, or term:
78              (g)         "Good faith" means honesty in fact in the conduct or
79      transaction concerned as defined and interpreted under s.
80      671.201(21) s. 671.201(20).
81              Section 5.         Paragraph (d) of subsection (16) of section
82      668.50, Florida Statutes, is amended to read:
83              668.50        Uniform Electronic Transaction Act.—
84              (16)        TRANSFERABLE RECORDS.—
85              (d)         Except as otherwise agreed, a person having control of
86      a transferable record is the holder, as defined in s.
87      671.201(22) s. 671.201(21), of the transferable record and has
88      the same rights and defenses as a holder of an equivalent record
89      or writing under the Uniform Commercial Code, including, if the
90      applicable statutory requirements under s. 673.3021, s. 677.501,
91      or s. 679.330 are satisfied, the rights and defenses of a holder
92      in due course, a holder to which a negotiable document of title
93      has been duly negotiated, or a purchaser, respectively.
94      Delivery, possession, and indorsement are not required to obtain
95      or exercise any of the rights under this paragraph.
96              Section 6.         This act shall take effect July 1, 2023.




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